COMMONWEALTH OF PENNSYLVANIA Ilkgismti&£ WnurnaI

TUESDAY, OCTOBER 23, 2001

SESSION OF 2001 185TH OF THE GENERAL ASSEMBLY No. 54 SENATE The PRESIDENT. The Chair thanks Rabbi Glanzberg-Krainin, who is the guest today ofSenator Thompson. TUESDAY, October 23,2001 JOURNAL APPROVED The Senate met at 1 p.m., Eastern Daylight Saving Time. The PRESIDENT. A quonun ofthe Senate being present, the The PRESIDENT (Lieutenant Governor Robert C. Jubelirer) Clerk will read the Journal ofthe preceding Session ofOctober in the Chair. 22,2001. The Clerk proceeded to read the Journal of the preceding PRAYER Session, when, on motion ofSenator BRIGHTBILL, and agreed The Chaplain, Rabbi DAVID GLANZBERG-KRAININ, of to by voice vote, further reading was dispensed with and the Kesher Israel Congregation, West Chester, offered the following Journal was approved. prayer: HOUSE MESSAGE Eternal God, source ofwisdom and understanding, we ask for HOUSE CONCURS IN SENATE Your blessings on this group ofmen and women whose leader­ CONCURRENT RESOLUTION ship strives to bring justice and fairness, peace and prosperity to the citizens ofthe Commonwealth ofPennsylvania. Allow the The Clerk ofthe House ofRepresentatives infonned the Sen­ Members ofthis Senate to strive to hear Your voice as they con­ ate that the House has concurred in resolution from the Senate, duct the affairs of State. Though Your wisdom is understood entitled: from a variety oftraditions among these Senators and among the citizens ofthis Commonwealth, allow the common goals ofkind­ Recess adjournment. ness, fairness, and decency to unite us in the true bond offellow­ ship and harmony. SPECIAL ORDER OF BUSINESS At this difficult time in our nation's history, may we stand ANNOUNCEMENT BY THE SECRETARY together as citizens ofthis Commonwealth and citizens ofthis The SECRETARY. Consent has been given for the Commit­ nation as we seek to overcome those who threaten our safety and tee on Law and Justice to meet in the Rules room during today's well-being. Yet, even as we would seek justice against those who Session to consider Senate Bill No. 336. would commit such evil, remind each one ofus to be discriminat­ ing in our anger. Help us to remember that there are many paths REPORTS FROM COMMITTEES to the worship ofYour splendor and Your glory. Let us not fear those whose religion or creed is different from our own. Rather, Senator HOLL, from the Committee on Banking and Insur­ let us seek the wisdom to understand the difference between ance, reported the following bill: those who serve life and thereby serve You, and those whose actions desecrate Your holy name. SB 462 (pr. No. 1465) (Amended) May this Commonwealth and this nation under Your provi­ dence be an influence for good both at home and abroad. May An Act providing for the regulation ofviatical settlements and for those citizens of the Commonwealth who serve in our Armed powers and duties ofthe Insurance Department. Forces be blessed with courage and strength. Keep them out of Senator DENT, from the Committee on Consumer Protection harm's way, and instill with each one ofus gratitude for the sacri­ and Professional Licensure, reported the following bills: fice they make to safeguard our freedom and our security. May Your hand guide the Members ofthis Senate Chamber SB 587 (pr. No. 1464) (Amended) today as they go about the task ofadministering the affairs ofthe Commonwealth. May they merit Your blessing as they strive to An Act prohibiting a deceptive business practice in the floral indus­ bring peace and prosperity, safety and security to all Pennsylva­ try; and providing for a private cause ofaction. nians and to all the citizens ofthis great nation. And let us say, Amen. 998 LEGISLATIVE JOURNAL - SENATE OCTOBER 23,

SB 804 (pr. No. 899) BILLS INTRODUCED AND REFERRED

An Act amending the act of December 17, 1968 (P.L.l224, The PRESIDENT laid before the Senate the following Senate No.387), known as the Unfair Trade Practices and Consumer Protection Bills numbered, entitled, and referred as follows, which were Law, providing for protection for public sales. read by the Clerk:

SB 1007 (pr. No. 1254) October 23.2001

An Act amending the act of February 14, 1986 (P.L.2, No.2), Senator PICCOLA presented to the Chair SB 1171, entitled: known as the Acupuncture Registration Act, providing for the defmition of "acupuncture educational program"; and further providing for the An Act authorizing the Department ofGeneral Services, with the regulations ofthe practice ofacupuncture. approval ofthe Governor, to grant and convey to the City ofHarrisburg tracts ofland and a building situate in the City ofHarrisburg, Dauphin County. SB 1011 (pr. No.1258) Which was committed to the Committee on STATE An Act amending the act ofOctober 10, 1975 (P.L.383, No.11 0), GOVERNMENT, October 23, 200I. known as the Physical Therapy Practice Act, adding a definition of "mobilization/manual therapy." Senators KUKOVICH, MELLOW, TARTAGLIONE, SB 1012 (pr. No.1259) M. WHITE, SCHWARTZ, BOSCOLA, LAVALLE, LOGAN, BODACK, COSTA and RHOADES presented to the Chair An Act amending the act of December 16, 1986 (P.L.1646, SB 1172, entitled: No.188), known as the Chiropractic Practice Act, adding a definition of An Act authorizing and directing the Department of Health to "manipulation/adjustment." establish a public awareness education program regarding postpartum depression; and requiring the Department of Health and certain licensing boards to develop an education, screening and treatment HB 497 (pr. No. 2027) program for postpartum depression. An Act amending the act ofMay 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law, regulating the practice and licensure Which was committed to the Committee on PUBLIC ofdietetics and nutrition; further providing for penalties; and making an HEALTH AND WELFARE, October 23,2001. appropriation. Senators GREENLEAF, KITCHEN, COSTA, KUKOVICH, Senator EARLL, from the Committee on Finance, reported the LAVALLE, LEMMOND, SCHWARTZ and TARTAGLIONE following bills: presented to the Chair SB 1173, entitled: An Act providing for new home warranty programs; and imposing SB 461 (pr. No. 1463) (Amended) duties upon the Department ofLabor and Industry.

An Act amending Title 75 (Vehicles) ofthe Permsylvania Consoli­ Which was committed to the Committee on URBAN dated Statutes, further providing for transfer ofownership ofvehicle. AFFAIRS AND HOUSING, October 23,2001.

SB 978 (pr. No. 1174) Senators GREENLEAF, HELFRICK, LEMMOND, KUKOVICH, HOLL, KITCHEN, LAVALLE, SCARNATI, An Act amending the act of July 7, 1947 (p.L.1368, No.542), STACK, THOMPSON and WAUGH presented to the Chair known as the Real Estate Tax Sale Law, providing for the alternative SB 1174, entitled: collection oftaxes. An Act amending TItle 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for expungement Senator GREENLEAF, from the Committee on Judiciary, ofcriminal history record information. reported the following bills: Which was committed to the Committee on JUDICIAR~ SB 1013 (pr. No. 1260) October 23, 200I.

An Act amending the act of March 10, 1949 (P.L.30, No.l4), Senators WAGNER, LAVALLE, COSTA, STOUT and known as the Public School Code of1949, further providing for Office TARTAGLIONE presented to the Chair SB 1175, entitled: for Safe Schools and for certain reporting. An Act amending Title 24 (Education) of the Pennsylvania Consolidated Statutes, establishing the Helping Our Pupils to HB 17 (pr. No. 2740) (Amended) Excellence in Pennsylvania Scholarship Program; providing for the powers and duties of the Pennsylvania Higher Education Assistance An Act amending Titles 18 (Crimes and Offenses) and 42 (Judi­ Agency; and establishing the HOPE in Pennsylvania Scholarship Fund. ciary and Judicial Procedure) of the Pennsylvania Consolidated Stat­ utes, further providing for intimidation ofwitnesses and victims; and Which was committed to the Committee on EDUCATION, providing for aggravated jury tampering. October 23,2001. 2001 LEGISLATIVE JOURNAL - SENATE 999

DISCHARGE PETITION On the question, Will the Senate adopt the resolution? The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: The yeas and nays.were required by Senator BRIGHTBILL and were as follows, viz: October 23,2001 YEA-48 APETITION Annstrong Greenleaf Mellow To place before the Senate the nomination of Frank A. Higgins, Jr., as Stack Bodack Helfrick Mowery Stout Treasurer, Tioga County. Boscola Holl Murphy Tartaglione Brightbill Hughes Musto Thompson TO: The President Officer of the Senate: Conti Jubelirer O'Pake Tomlinson Corman Kasunic Orie Wagner WE, The undersigned members of the Senate, pursuant to section Costa Kitchen Piccola Waugh 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby Dent Kukovich Punt Wenger request that you place the nomination of Frank A. Higgins, Jr., as Earll laValle Rhoades White, Donald Treasurer, TIoga County, before the entire Senate body for a vote, the Erickson Lemmond Robbins White, Mary Jo nomination not having been voted upon within 15 legislative days: Fumo Logan Scamati Williams Gerlach Madigan Schwartz Womiak Raphael 1. Musto Robert 1. Mellow NAY-O Michael A. O'Pake Jack Wagner Richard A. Kasunic A majority ofthe Senators having voted "aye," the question 1. Barry Stout was determined in the affirmative. Vincent 1. Furno RECESS The PRESIDENT. The communication will be laid on the· table. The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill. LEGISLATIVE LEAVES Senator BRIGHTBILL. Mr. President, at this time I ask for a recess ofthe Senate, first for a meeting ofthe Committee on Law The PRESIDENT. The Chair recognizes the gentleman from and Justice, which will be held in the Rules room right offthe Lebanon, Senator Brightbill. floor, to be followed by a Republican caucus, which I expect will Senator BRIGHTBILL. Mr. President, I ask for a temporary begin in about 10 minutes. Capitol leave for Senator Mowery. The PRESIDENT. The Chair recognizes the gentleman from The PRESIDENT. Senator Brightbill requests a temporary Lackawanna, Senator Mellow. Capitol leave for Senator Mowery. Without objection, that leave Senator MELLOW. Mr. President, I request that the will be granted. Democrats report to our caucus room upon the conclusion ofthe The Chair recognizes the gentleman from Lackawanna, meeting ofthe Committee on Law and Justice. Senator Mellow. The PRESIDENT. For purposes of a meeting of the Senator MELLOW. Mr. President, I request a legislative leave Committee on Law and Justice to meet immediately in the Rules for Senator Bodack. room at the rear ofthe Senate Chamber, followed by Republican The PRESIDENT. Senator Mellow requests a legislative and Democratic caucuses in their respective caucus rooms, leave for today's Session for Senator Bodack. Without objection, without objection, the Senate will stand in recess. that leave is granted. AFTER RECESS LEAVE OF ABSENCE The PRESIDING OFFICER (Jeffrey E. Piccola) in the Senator BRIGHTBILL asked and obtained a leave ofabsence Chair. for Senator BELL, for today's Session, for personal reasons. CALENDAR The PRESIDING OFFICER. The time of recess having expired, the Senate will come to order. SENATE RESOLUTION No. 117 CALLED UP OUT OF ORDER, ADOPTED CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR Senator BRIGHTBILL, without objection, called up from page 3 ofthe Calendar, as a Special Order ofBusiness, Senate BILL OVER IN ORDER Resolution No. 117, entitled: SB 372 -- Without objection, the bill was passed over in its A Resolution designating November 2001 as "Pancreatic Cancer order at the request ofSenator BRIGHTBILL. Awareness Month" in Pennsylvania. 1000 LEGISLATIVE JOURNAL - SENATE OCTOBER 23,

BILL ON THIRD CONSIDERATION An Act amending the act of February I, 1966 (1965 P.L.1656, AND FINAL PASSAGE No.58t), known as The Borough Code, providing for appropriations to conservation districts. HB 494 (pr. No. 2717) -- The Senate proceeded to Considered the third time and agreed to, consideration ofthe bill, entitled: And the amendments made thereto having been printed as An Act amending the act of June 24, 1931 (P.L.1206, No.33 I), required by the Constitution, known as The First Class Township Code, providing for appropriations to conservation districts. On the question, Considered the third time and agreed to, Shall the bill pass finally? And the amendments made thereto having been printed as required by the Constitution, The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: On the question, Shall the bill pass finally? YEA-48

The yeas and nays were taken agreeably to the provisions of Armstrong Greenleaf Mellow Stack the Constitution and were as follows, viz: Bodack Helfrick Mowery Stout Boscola Holl Murphy Tartaglione YEA-48 Brightbill Hughes Musto Thompson Conti Jubelirer O'Pake Tomlinson Annstrong Greenleaf Mellow Stack Corman Kasunic Orie Wagner Bodack Helfrick Mowery Stout Costa Kitchen Piccola Waugh Boscola Holl Murphy Tartag1ione Dent Kukovich Punt Wenger Brightbill Hughes Musto Thompson Earll laValle Rhoades White, Donald Conti Jubelirer O'Pake Tomlinson Erickson Lemmond Robbins White, Mary Jo Corman Kasunic Orie Wagner Fumo Logan Scamati Williams Costa Kitchen Piccola Waugh Gerlach Madigan Schwartz Wozniak Dent Kukovich Punt Wenger Earll laValle Rhoades White, Donald Erickson Lemmond Robbins White, Mary Jo NAY-O Fumo Logan Scamati Williams Gerlach Madigan Schwartz Wozniak A constitutional majority of all the Senators having voted NAY-O "aye," the question was determined in the affirmative. Ordered, That the Secretary ofthe Senate return said bill to A constitutional majority of all the Senators having voted the House ofRepresentatives with information that the Senate "aye," the question was determined in the affirmative. has passed the same with amendments in which concurrence of Ordered, That the Secretary ofthe Senate return said bill to the House is requested. the House ofRepresentatives with information that the Senate has passed the same with amendments in which concurrence of SB 657 (pr. No. 1439) - The Senate proceeded to the House is requested. consideration ofthe bill, entitled:

LEGISLATIVE LEAVE CANCELLED An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, providing for the possession ofshed antlers. The PRESIDING OFFICER. Senator Mowery has returned, and his temporary Capitol leave will be cancelled. Considered the third time and agreed to, LEGISLATIVE LEAVE And the amendments made thereto having been printed as required by the Constitution, The PRESIDING OFFICER. The Chair recognizes the gentleman from Lebanon, Senator Brightbill. On the question, Senator BRIGHTBILL. Mr. President, I request a legislative Shall the bill pass finally? leave for Senator Holl. The PRESIDING OFFICER. Without objection, that leave The yeas and nays were taken agreeably to the provisions of will be granted. the Constitution and were as follows, viz:

THIRD CONSIDERATION CALENDAR RESUMED YEA-48

BILLS ON THIRD CONSIDERATION Armstrong Greenleaf Mellow Stack AND FINAL PASSAGE Bodack Helfrick Mowery Stout Boscola Holl Murphy Tartaglione Brightbill Hughes Musto Thompson DB 495 (pr. No. 2718) -- The Senate proceeded to Conti Jubelirer O'Pake Tomlinson consideration ofthe bill, entitled: Corman Kasunic Orie Wagner Costa Kitchen Piccola Waugh 2001 LEGISLATIVE JOURNAL - SENATE 1001

Dent Kukovich Punt Wenger (2) Choking agent including, but not limited to, Phosgene Earll LaValle Rhoades White, Donald (COl and Diphosgene (oP>' Erickson Lemmond Robbins White, Mary Jo (3) Blood agent including. but not limited to, Hydrogen Furno Logan Scarnati Williams Cyanide (AC), Cyanogen Chloride (CK) and Arsine (SA>. Gerlach Madigan Schwartz Wozniak (4) Blister agent including. but not limited to, mustard (M, HD (sulfur mustardU, HN-l, HN-2, HN-3 (nitrogen mustard), NAY-O arsenical, such as Lewisite (L), urticant such as CX; and incapacitating agent such as BZ. A constitutional majority of all the Senators having voted "Facsimile nuclear, biological or chemical agent." A device or "aye," the question was determined in the affirmative. substance which resembles in appearance and external qualities a Ordered, That the Secretary ofthe Senate present said bill to nuclear, biological or chemical agent but does not have the capability the House ofRepresentatives for concurrence. to cause death or bodily harm. ''Nuclear agent." Radioactive material. Amend Sec. 2, page 4, line 2, by striking out "2" and inserting: 3 The PRESIDENT (Lieutenant Governor Robert C. Jubelirer) in the Chair. On the question, Will the Senate agree to the amendment? BILL AMENDED It was agreed to.

SB 1109 (pr. No. 1389) -- The Senate proceeded to On the question, ~onsiderationofthe bill, entitled: Will the Senate agree to the bill on third consideration, as amended? An Act amending TItle 18 (Crimes and Offenses) of the Senator MELLOW offered the following amendment No. Pennsylvania Consolidated Statutes, further providing for terroristic threats, for bomb threats, for false alarms to agencies ofpublic safety A3777: and for harassment and stalking by communication. Amend Title, page 1, line 4, by inserting after "safety":, for false reports to law enforcement authorities On the question, Amend Sec. 1, page 1, line 8, by inserting after "4905": , 4906 Will the Senate agree to the bill on third consideration? Amend Sec. 1, page 2. by inserting after line 30: Senator MURPHY offered the following amendment No. § 4906. False reports to law enforcement authorities. A3765: (a) Falsely incriminating another.-[A] Except as provided in subsection (c), a person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a Amend TItle, page I, line 2, by inserting after "for": the offenses of misdemeanor ofthe second degree. Amend Title. page 1, line 5, by removing the period after (b) Fictitious reports.-[A] Except as provided in subsection (c), a "communication" and inserting: ; and providing for the offense of person commits a misdemeanor ofthe third degree ifhe: delivery offacsimile nuclear, biological or chemical agent. (1) reports to law enforcement authorities an offense or other Amend Bill. page 4, by inserting between lines 1 and 2: incident within their concern knowing that it did not occur; or Section 2. TItle 18 is amended by adding a section to read: (2) pretends to furnish such authorities with information § 5518. Deliverv offacsimile nuclear. biological or chemical agent. relating to an offense or incident when he knows he has no (a) Offense defined.-A person co~its an offens~ i~the person information relating to such offense or incident. intentionally delivers or causes to be dehvered a faCSimIle nuclear. (c) Grading.-Ifthe violation ofsubsection (a) or (b) occurs during biological or chemical agent: a declared state ofemergency and the false report causes the resources (1) with the intent to threaten, terrify, intimidate or harass an ofthe law enforcement authority to be diverted from dealing with the individual; declared state ofemergency. the offense shall be graded one step greater (2) with the intent to cause evacuation ofa building, place of than that set forth in the applicable subsection. assembly or facility ofpublic transportation; (3) with the intent to cause s~ous pu~li~ inconve~ience; ?r (4) which causes terror or senous pubhe mconvemence With On the question, reckless disregard of the risk of causing such terror or Will the Senate agree to the amendment? inconvenience. It was agreed to. o!this.sectio~ sh~ll ~pp.ly (b) Exceptions.-The 9ro,:isions not to Without objection, the bill, as amended, was passed over in its research, medical or vetennanan se~!ces, mclu~mg Immumzatlons, vaccinations or other treatments admlmstered dunng the normal scope order at the request ofSenator BRIGHTBILL. ofpractice. (c) Grading. An offense under subsection (a) constitutes a felony BILL REREFERRED ofthe third degree. (d) Restitution.-A person convicted ofviolating this section shall, in addition to any other sentence imposed. be sentenced to pay HB 1402 (Pr. No. 1648) -- The Senate proceeded to restitution in an amount equal to the cost ofany evacuation. including. consideration ofthe bill, entitled: but not limited to, the cost offire, police or ambulance response and the assem~ly transportation ofstaff from the. buil.ding, place of or facility. An Act amending Title 66 (Public Utilities) ofthe Pennsylvania (e) Definitions.-As us~d m t~IS section, t~e fo~lowmg w?rds and Consolidated Statutes, further providing for telecommunications phrases shall have the meanmgs given to them m ~IS su?sectlon: . services provided to State correctional institutions. "Biological agent." A natural pathogen. toxm. ViruS. bactena. prion, fungus or genetically en~neer~ pat?0gen. toxin..virus. bacteria. prion or fungus which causes mfectlous disease or bodily harm. Upon motion of Senator BRIGHTBILL, and agreed to by "Chemical agent." Any ofthe following: voice vote, the bill was rereferred to the Committee 0 n (I) Nerve agent. including. but not limited to, Tabun (GA>. Appropriations. Sarin (GB). Soman (GO>' GF and VX. 1002 LEGISLATIVE JOURNAL - SENATE OCTOBER 23,

BILL ON THIRD CONSIDERATION Amend Sec. 1 (Sec. 2707.1), page 3, line 2, by inserting after AND FINAL PASSAGE "VEHICLE": on a highway On the question, HB 1541 (pr. No. 2719) •• The Senate proceeded to Will the Senate agree to the amendment? consideration ofthe bill, entitled: It was agreed to. bil~ An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Without objection, the as amended, was passed over in its Pennsylvania Consolidated Statutes, further providing for the limitation order at the requestofSenator BRIGHTBILL. oftime for certain major criminal offenses. SECOND CONSIDERATION CALENDAR Considered the third time and agreed to, And the amendments made thereto having been printed as BILL OVER IN ORDER required by the Constitution, HB 437 •• Without objection, the bill was passed over in its On the question, order at the request ofSenator BRIGHTBILL. Shall the bill pass finally? BILL AMENDED The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: SB 706 (pr. No. 762) -- The Senate proceeded to consideration ofthe bill, entitled: YEA48 An Act amending Title 18 (Crimes and Offenses) of the Annstrong Greenleaf Mellow Stack Pennsylvania Consolidated Statutes, providing for offenses relating to Bodack Helfrick Mowery Stout telecommunication identification interception devices; and further Boscola Holl Murphy Tartaglione providing for the disclosure ofcertain evidence. Brightbill Hughes Musto Thompson Tomlinson Conti Jubelirer O'Pake On the question, Corman Kasunic Orie Wagner Costa Kitchen Piccola Waugh Will the Senate agree to the bill on second consideration? Dent Kukovich Punt Wenger Senator GREENLEAF offered the following amendment No. Earll LaValle Rhoades White, Donald A3694: Erickson Lemmond Robbins White, Mary Jo Fumo Logan Scarnati Williams Gerlach Madigan Schwartz Womiak Amend Title, page 1, line 4, by inserting after "for": exceptions to those offenses and for NAY·O Amend Sec. 1 (Sec. 5705), page 1, line 11, by inserting after "mechanical": . telecommunication identification interception Amend Sec. 1 (Sec. 5705), page 1, lines 12 and 13, by striking out A constitutional majority of all the Senators having voted "and telecommunication identification interception devices" "aye," the question was determined in the affirmative. Amend Sec. 1 (Sec. 5705), page 1, line 17, by inserting after Ordered, That the Secretary ofthe Senate return said bill to "mechanical":. telecommunication identification interception Amend Bill, page 2, by inserting between lines 3 and 4: the House ofRepresentatives with information that the Senate Section 2. Section 5706 ofTitle 18 is amended to read: has passed the same with amendments in which concurrence of § 5706. Exceptions to prohibitions in possession, sale, distribution, the House is requested. manufacture or advertisement of electronic, mechanical~ telecommunication identification interception or other devices. (a) Unlawful activities.-It shall not be unlawful under this chapter BILL OVER IN ORDER for: (1) a provider ofwire or electronic communication service or HB 1546 - Without objection, the bill was passed over in its an officer, agent or employee of. or a person under contract with, order at the request ofSenator BRIGHTBILL. such a provider. in the normal course ofthe business ofproviding the wire or electronic communication service; or (2) a person under contract with the United States, the BILL AMENDED Commonwealth or a political subdivision thereof, a state or a political subdivision thereof, or an officer, agent or employee ofthe HB 1603 (pr. No. 2193) •• The Senate proceeded to United States, the Commonwealth or a political subdivision thereof, or a state or a political subdivision thereof, consideration ofthe bill, entitled: to possess, sell, distribute. manufacture. assemble or advertise an electronic, mechanicaL telecommunication identification interception An Act amending Title 18 (Crimes and Offenses) of the or other device, while acting in furtherance ofthe appropriate activities Pennsylvania Consolidated Statutes, providing for unlawful carrying of of the United States. the Commonwealth or a political subdivision Opaintball guns and markers in vehicles. thereof, a state or a political subdivision thereofor a provider ofwire or electronic communication service. On the question, (b) Responsibility.- (1) Except as provided under paragraph (2), the Attorney Will the Senate agree to the bill on third consideration? General and the district attorney or their designees so designated in Senator BRIGHTBILL offered the following amendment No. writing shall have the sole responsibility to buy, possess and loan A3789: any electronic, mechanicaL telecommunication identification 2001 LEGISLATIVE JOURNAL - SENATE 1003

interception or other device which is to be used by investigative or SPECIAL ORDER OF BUSINESS law enforcement officers for purposes ofinterception as authorized under [section 5704(2), (5) and (12) (relating to exceptions to ANNOUNCEMENT BY THE SECRETARY prohibition of interception and disclosure of communications), 5712 (relating to issuance oforder and effect), 5713 (relating to The SECRETARY. Consent has been given for the emergency situations) [or]~ 5713.1 (relating to emergency hostage Committee on Rules and Executive Nominations to meet in the and barricade situations)[.] or Subchapter E (relating to pen Rules room during today's Session to consider Senate Bill No. registers. trap and trace devices and telecommunication 640, and certain nominations. identification interception devices), (2) The division or bureau or section ofthe Pennsylvania State Police responsible for conducting the training in the technical RECONSIDERATION OF VOTE aspects of wiretapping and electronic surveillance as required by section 5724 (relating to training) may buy and possess any BILL OVER IN ORDER TEMPORARILY electronic, mechanical. telecommunication identification interception or other device which is to be used by investigative or law enforcement officers for purposes ofinterception as authorized SB 1109 (pr. No. 1389) -- Senator BRIGHTBILL. Mr. under section 5704(2), (5) and (12), 5712, 5713 [or]~ 5713.1 m: President, I move to reconsider the vote by which amendment Subchapter E for the purpose oftraining. However, any electronic, A3765 to Senate Bill No. 1109 was agreed to. mechanical. telecommunication identification interception or other device bought or possessed under this provision may be loaned to or used by investigative or law enforcement officers for purposes On the question, ofinterception as authorized under section 5704(2), (5) and (12), Will the Senate agree to the motion? 5712, 5713 [orl 5713.1 or Subchapter E only upon written A voice vote having been taken, the question was determined approval by the Attorney General or a deputy attorney general in the affIrmative. designated in writing by the Attorney General or the district attorney or an assistant district attomey designated in writing by the district attorney of the county wherein the interception is to be And the question recurring, made. Will the Senate agree to amendment No. 3765? (3) With the permission ofthe Attorney General or a district Senator BRIGHTBILL. Mr. President, I ask that we go over attorney who has designated any supervising law enforcement officer for purposes of interceptions as authorized under section the bill temporarily. 5713.1, the law enforcement agency which employs the supervising The PRESIDENT. Without objection, the bill will go over law enforcement officer may buy, possess, loan or borrow any temporarily. electronic, mechanical. telecommunication identification interception or other device which is to be used by investigative or RECESS law enforcement officers at the direction of the supervising law enforcement officer solely for the purpose of interception as The PRESIDENT. The Chair recognizes the gentleman from authorized under sections 5704(12) and 5713.1. Amend Sec. 2, page 2, line 4, by striking out "2" and inserting: 3 Lebanon, Senator Brightbill. Amend Sec. 3, page 3, line 4, by striking out "3" and inserting: 4 Senator BRIGHTBILL. Mr. President, at this time I request a briefrecess ofthe Senate for the purpose ofa meeting ofthe On the question, Committee on Rules and Executive Nominations, which will Will the Senate agree to the amendment? begin immediately, and then we will reconvene. It was agreed to. The PRESIDENT. Senator Brightbill requests a recess ofthe Without objection, the bill, as amended, was passed over in its Senate for a meeting ofthe Committee on Rules and Executive order at the request ofSenator BRIGHTBILL. Nominations to take place immediately in the Rules room to the rear ofthe Senate Chamber. For that purpose, without objection, BILLS OVER IN ORDER the Senate will stand in recess. AFTER RECESS HB 846, SB 985, SB 986 and SB 1089 - Without objection, the bills.were passed over in their order at the request ofSenator The PRESIDENT. The time of recess having expired, the BRIGHTBILL. Senate will come to order. HOUSE MESSAGE REPORTS FROM COMMITTEES SENATE BILL RETURNED WITH AMENDMENTS Senator BRIGHTBILL, from the Committee on Rules and Executive Nominations, reported the following bill: The Clerk of the House of Representatives returned to the Senate SB 640, with the information the House has passed the SO 640 (Pr. No. 1473) (Amended) (Rereported) same with amendments in which the concurrence ofthe Senate (Concurrence) is requested. The PRESIDENT. Pursuant to Senate Rule XIV, section 5, An Act amending the act of March 10, 1949 (P.L.30, No.14), this bill will be referred to the Committee on Rules and known as the Public School Code of 1949, further providing for distress Executive Nominations. in first class school districts; providing for medical education loan assistance; making appropriations; making repeals; and abrogating local charter provisions. 1004 LEGISLATIVE JOURNAL - SENATE OCTOBER 23,

Senator CONTI, from the Committee on Law and Justice, In accordance with the power and authority vested in me as reported the following bill: Governor of the Commonwealth, I do hereby recall the nomination dated May 31, 2001 for the appointment of Mark Navarro, 4184 Kittatinny Drive, Mechanicsburg 17055, Cumberland County, Thirty­ SB 336 (pr. No. 1469) (Amended) first Senatorial District, as District Justice, in and for the County of Cambria, Magisterial District 47-3-01, to serve until the first Monday An Act amending the act of April 9, 1929 (P.L.177, No. I75), ofJanuary 2002, vice Alfred B. Coleman, mandatory retirement. known as The Administrative Code of 1929, further providing for I respectfully request the return to me ofthe official message of campus police powers and duties; and providing for State System of nomination on the premises. Higher Education campus police powers and duties. Mark S. Schweiker COMMUNICATIONS FROM THE GOVERNOR Governor REPORTED FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS NOMINATIONS RETURNED TO THE GOVERNOR

Senator ROBBINS, from the Committee on Rules and Senator ROBBINS. Mr. President, I move that the Executive Nominations, reported communications from His nominations just read by the Clerk be returned to His Excellency, Excellency, the Governor ofthe Commonwealth, recalling the the Governor. following nominations, which were read by the Clerk as follows: A voice vote having been taken, the question was determined in the affmnative. MEMBER OF THE STATE BOARD OF OCCUPATIONAL The PRESIDENT. The nominations will be returned to the THERAPY EDUCATION AND LICENSURE Governor. October 22,2001 REPORT FROM COMMITTEE ON To the Honorable, the Senate RULES AND EXECUTIVE NOMINATIONS ofthe Commonwealth ofPennsylvania: Senator ROBBINS, from the Committee on Rules and In accordance with the power and authority vested in me as Executive Nominations, reported the following nomination made Governor of the Commonwealth, I do hereby recall the nomination by His Excellency, the Governor ofthe Commonwealth, which dated October 5, 2001 for the reappointment of John F. Yaninek, Esquire, (public Member), P.O. Box 6192, Harrisburg 17112, Dauphin was read by the Clerk as follows: County, Fifteenth Senatorial District, as a member ofthe State Board of Occupational Therapy Education and Licensure, to serve for a term of JUDGE, COURT OF COMMON PLEAS, three years and until his successor is appointed and qualified, but not PHILADELPHIA COUNTY longer than six months beyond that period. I respectfully request the return to me ofthe official message of nomination on the premises. October 5, 2001

Mark S. Schweiker To the Honorable, the Senate Governor ofthe Commonwealth ofPennsylvania:

MEMBER OF THE STATE BOARD In conformity with law, I have the honor hereby to nominate for the OF PODIATRY advice and consent ofthe Senate, Leslie Fleisher, Esquire, 241 South Sixth Street, Apartment 1203, Philadelphia 19106, Philadelphia County, October 22, 2001 First Senatorial District, for appointment as Judge of the Court of Common Pleas ofPhiladelphia County, to serve until the first Monday To the Honorable, the Senate ofJanuary 2004, vice The Honorable Stephen E. Levin, resigned. ofthe Commonwealth ofPennsylvania: THOMAS 1. RIDGE In accordance with the power and authority vested in me as Governor Governor of the Commonwealth, I do hereby recall the nomination dated August 20, 200I for the appointment ofWha Lee, 2292 Albern NOMINATION LAID ON THE TABLE Boulevard, Lancaster 17601, Lancaster County, Thirty-sixth Senatorial District, as a member ofthe State Board ofPodiatry, to serve for a term offour years and until her successor is appointed and qualified, but not Senator ROBBINS. Mr. President, I request that the longer than six months beyond that period, vice Robert L. Green, D.O., nomination just read by the Clerk be laid on the table. Harrisburg, resigned. The PRESIDENT. The nomination will be laid on the table. I respectfully request the return to me ofthe official message of nomination on the premises. EXECUTIVE NOMINATIONS Mark S. Schweiker Governor EXECUTIVESESSION

DISTRICT JUSTICE Motion was made by Senator ROBBINS, That the Senate do now resolve itselfinto Executive Session October 22,2001 for the purpose ofconsidering certain nominations made by the Governor. To the Honorable, the Senate ofthe Commonwealth ofPennsylvania: Which was agreed to by voice vote. 2001 LEGISLATIVE JOURNAL - SENATE 1005

NOMINATIONS TAKEN FROM TABLE In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, John Markle, Jr., 205 Cambridge Senator ROBBINS. Mr. President, I call from the table certain Chase, Exton 19341, Chester County, Nineteenth Senatorial District, for nominations and ask for their consideration. reappointment as a member ofthe Pennsylvania Labor Relations Board, to serve until June 2, 2007, and until his successor is appointed and The Clerk read the nominations as follows: qualified.

MffiMBEROFTHECO~ON~ALTHOF THOMAS J. RIDGE PENNSYLVANIA COUNCIL ON THE ARTS Governor October 5, 2001 MEMBER OF THE STATE BOARD To the Honorable, the Senate OF MEDICINE ofthe Commonwealth ofPennsylvania: September 25,2001 In confonnity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Lee C. Swartz, Esquire, 2224 Goose To the Honorable, the Senate Valley Road, Harrisburg 17110, Dauphin County, Fifteenth Senatorial ofthe Commonwealth ofPennsylvania: District, for reappointment as a member of the Commonwealth of Pennsylvania Council on the Arts, to serve until July 1, 2002, and until In confonnity with law, I have the honor hereby to nominate for the his successor is appointed and qualified. advice and consent of the Senate, Ollice Bates, Jr., M.D., 309 Jade Avenue, Danville 17821, Montour County, Twenty-seventh Senatorial THOMAS J. RIDGE District, for appointment as a member ofthe State Board ofMedicine, Governor to serve until March 16, 2002, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice MEMBER OF THE CO~ON~ALTH OF B1airanne Revak, M.D., Bloomsburg, resigned. PENNSYLVANIA COUNCIL ON THE ARTS THOMAS J. RIDGE October 5,2001 Governor To the Honorable, the Senate MEMBER OF THE STATE BOARD ofthe Commonwealth ofPennsylvania: OF MEDICINE In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Myron H. Tomb, Esquire, 1536 September 25,2001 Indian Springs Road, Indiana 15701, Indiana County, Forty-first Senatorial District, for reappointment as a member of the To the Honorable, the Senate Commonwealth ofPennsylvania Council on the Arts, to serve until July ofthe Commonwealth ofPennsylvania: 1,2003, and until her[sic] successor is appointed and qualified. In confonnity with law, I have the honor hereby to nominate for the THOMAS J. RIDGE advice and consent of the Senate, Lisa K. Shumaker-Stokes, 332 Governor Southview Drive, Mechanicsburg 17055, Cumberland County, Thirty­ third Senatorial District, for appointment as a member of the State MffiMBER OF THE COUNCIL OF TRUSTEES OF Board of Medicine, to serve for a term of four years or until her CHEYNEY UNIVERSITY OF PENNSYLVANIA OF successor is appointed and qualified, but not longer than six months beyond that period, vice Vivian H. Lowenstein, Philadelphia, whose THE STATE SYSTEM OF HIGHER EDUCATION term expired. May 4, 2001 THOMAS J. RIDGE Governor To the Honorable, the Senate ofthe Commonwealth ofPennsylvania: MEMBER OF THE STATE BOARD In confonnity with law, I have the honor hereby to nominate for the OF VETERINARY MEDICINE advice and consent ofthe Senate, Robert C. Wonderling, 575 Paterno Drive, Harleysville 19438, Montgomery County, Twenty-fourth Senatorial District, for reappointment as a member ofthe Council of July 19,2001 Trustees ofCheyney University ofPennsylvania ofthe State System of Higher Education, to serve until the third Tuesday ofJanuary 2007, and To the Honorable, the Senate until his successor is appointed and qualified. ofthe Commonwealth ofPennsylvania: THOMAS J. RIDGE In confonnity with law, I have the honor hereby to nominate for the Governor advice and consent ofthe Senate, Judith F. Baillis (public Member), 103 Blackberry Hill, Port Matilda 16870, Centre County, Thirty-fourth MEMBER OF THE PENNSYLVANIA Senatorial District, for reappointment as a member ofthe State Board ofVeterinary Medicine, to serve for a tenn offour years or until her LABOR RELATIONS BOARD successor is appointed and qualified, but not longer than six months beyond that period. September 27,2001 THOMAS J. RIDGE To the Honorable, the Senate Governor ofthe Commonwealth ofPennsylvania: 1006 LEGISLATIVE JOURNAL - SENATE OCTOBER 23,

DISTRICT JUSTICE JUDGE, COURT OF COMMON PLEAS, PHILADELPHIA COUNTY October 5, 200I To the Honorable, the Senate October 5,2001 ofthe Commonwealth ofPennsylvania: To the Honorable, the Senate In confonnity with law, I have the honor hereby to nominate for the ofthe Commonwealth ofPennsylvania: advice and consent ofthe Senate, Francis 1. Bernhardt, m, Esquire, 101 Cardinal Drive, Conshohocken 19428, Montgomery County, In conformity with law, I have the honor hereby to nominate for the Seventeenth Senatorial District, for appointment as District Justice, in advice and consent ofthe Senate, Leslie Fleisher, Esquire, 241 South and for the County of Montgomery, Magisterial District 38-1-13, to Sixth Street, Apartment 1203, Philadelphia 19106, Philadelphia County, serve until the first Monday of January 2004, vice John T. First Senatorial District, for appointment as Judge of the Court of Sachaczenski, resigned. Common Pleas ofPhiladelphia County, to serve until the first Monday ofJanuary 2004, vice The Honorable Stephen E. Levin, resigned. THOMAS 1. RIDGE Governor THOMAS 1. RIDGE Governor DISTRICT JUSTICE On the question, October 5, 2001 Will the Senate advise and consent to the nomination? To the Honorable, the Senate ofthe Commonwealth ofPennsylvania: The yeas and nays were required by Senator ROBBINS and were as follows, viz: In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Kathleen M. Valentine, Esquire, 5 Shirley Road, Narberth 19072, Montgomery County, Seventeenth YEA-48 Senatorial District, for appointment as District Justice, in and for the County ofMontgomery, Magisterial District 38-1-07, to serve until the Armstrong Greenleaf Mellow Stack first Monday ofJanuary 2004, vice Caroline Culley Liberti, resigned. Bodack Helfrick Mowery Stout Boscola Holl Murphy Tartaglione THOMAS 1. RIDGE Brightbill Hughes Musto Thompson Governor Conti Jubelirer O'Pake Tomlinson Corman Kasunic Orie Wagner Costa Kitchen Piccola Waugh On the question, Dent Kukovich Punt Wenger Will the Senate advise and consent to the nominations? Earll laValle Rhoades White, Donald Erickson Lemmond Robbins White, Mary Jo Furno Logan Scarnati Williams The yeas and nays were required by Senator ROBBINS and Gerlach Madigan Schwartz Wozniak were as follows, viz: NAY-O YEA-48 Armstrong Greenleaf Mellow Stack A constitutional two-thirds majority ofall the Senators having Bodack Helfrick Mowery Stout voted "aye," the question was detennined in the affinnative. Boscola Holl Murphy Tartaglione Brightbill Hughes Musto Thompson Ordered, That the Governor be infonned accordingly. Conti Jubelirer O'Pake Tomlinson Corman Kasunic Orie Wagner EXECUTIVESESSIONRISES Costa Kitchen Piccola Waugh Dent Kukovich Punt Wenger Earll LaValle Rhoades White, Donald Senator ROBBINS. Mr. President, I move that the Executive Erickson Lemmond Robbins White, Mary Jo Session do now rise. Furno Logan Scarnati Williams The motion was agreed to by voice vote. Gerlach Madigan Schwartz Wozniak NAY-O SENATE RESOLUTIONS ADOPTED

A constitutional majority of all the Senators having voted Senators COSTA, WAGNER, BOSCOLA, WENGER, "aye," the question was detennined in the affrrmative. EARLL, TARTAGLIONE, LAVALLE, THOMPSON, Ordered, That the Governor be infonned accordingly. TOMLINSON, LEMMOND, MUSTO, MURP~ WOZNIAK, MOWERY, KUKOVICH, DENT, SCHWARTZ, LOGAN, NOMINATION TAKEN FROM THE TABLE MELLOW, KASUNIC, STACK, HUGHES, WILLIAMS, O'PAKE, STOUT, ERICKSON, JUBELIRER and SCARNATI, Senator ROBBINS. Mr. President, I ask unanimous consent by unanimous consent, offered Senate Resolution No. 130, to call from the table a certain nomination and ask for its entitled: consideration. The Clerk read the nomination as follows: A Resolution designating the month of November 2001 as "Pennsylvania Epilepsy Awareness Month." 2001 LEGISLATIVE JOURNAL - SENATE 1007

On the question, availability and affordability to health care resources. and to Will the Senate adopt the resolution? continue to search for a means to eradicate this disorder itself. I respectfully ask my colleagues to join me in my efforts to The PRESIDENT. The Chair recognizes the gentleman from promote the awareness ofepilepsy and the issues surrounding Allegheny, Senator Costa. this disorder and that we adopt the resolution designating the Senator COSTA. Mr. President, today I rise to offer a month ofNovember as "Epilepsy Awareness Month," and I move resolution on a very important matter which directly affects that the resolution remain at the desk so that additional Members, nearly 120,000 Pennsylvanians and 2.3 million people nation­ aside from the 30-plus Members who have joined this resolution, wide. have an opportunity to also cosponsor the resolution we put Mr. President, epilepsy, also referred to as a seizure disorder, forward and that they have an opportunity to join us. is a chronic medical condition produced by a temporary change Thank you, Mr. President. in the electrical function of the brain causing seizures which affect awareness, movement. and sensation. Mr. President, the And the question recurring, cause ofthe disorder can stem from several factors, including Will the Senate adopt the resolution? head trauma, brain trauma, brain tumor, stroke, infection, and A voice vote having been taken, the question was determined poisoning, all of which create medical, economic, and social in the affmnative. hardships. Mr. President, over the past several years statistics have Senator STACK, by unanimous consent, offered Senate shown an increase in the number ofyoung children and young Resolution No. 131, entitled: teens who have been diagnosed with this disability, and just 2 years ago my son Anthony, a 12-year-old boy, was one ofthose A Resolution recognizing October 2001 as "The Great Hunger individuals diagnosed. To look at my son Anthony, you would Remembrance Month" in Pennsylvania. not believe that a very bright. very athletic young man would have a seizure disorder that affects him only while he is asleep. On the question, But due to significant advancements in terms ofmedication to Will the Senate adopt the resolution? treat seizure disorders, this situation is controlled, and we are very fortunate for that. But, Mr. President, this whole concept The PRESIDENT. The Chair recognizes the gentleman from and belief about epilepsy has created new and difficult social Philadelphia, Senator Stack. barriers both at home and at school for many individuals who Senator STACK. Mr. President, today I rise to offer a suffer from this disability. Peers are oftentimes unfamiliar with resolution to honor those who perished in a tragic event over 150 epilepsy and thus are naive in exploring factors related to the years ago. The autumn of1845 marked the beginning ofa tragic causes and its consequences. Almost halfofAmerican teens that period oftime in Ireland called The Great Hunger, or as it is are surveyed have never heard ofthe disease or believe that it is known in Ireland, An Gorta Mor. also a communicable disease. Young children and teens, Mr. In the first halfofthe 19th century the people ofIreland were President, ordinarily experience enough hardships growing up dependent upon the potato as a source offood because this crop through this very impressionable age. They do not need produced more food per acre than wheat and could also be used additional pressures and embarrassment trying to explain the as a source ofincome. The type ofpotato that Ireland favored deficiencies associated with epilepsy. was called the Arran Banner. Unfortunately, the Arran Banner Mr. President, the Epilepsy Foundation in Pennsylvania has was highly susceptible to fungus infestation, commonly known prided itselfon finding means to prevent such adversities. Itnot as blight, which had spread from North America to Europe. The only provides for the welfare ofthe individuals with epilepsy, as blight first destroyed the potato crop in 1845 and continued its well as their families, but they also serve as a watchdog over the havoc through 1850. The blight caused Ireland to lose 2 million allocation offunds and the quality ofhealth care provided. people due to starvation, disease, forced immigration, and the Mr. President, I would like to speak very briefly to the British government's inability to effectively deal with these Western Pennsylvania Epilepsy Foundation and my personal tragedies. Of those Irish who were forced to emigrate, nearly situation. My wife and I were not familiar with this condition, one-third died aboard crowded and rickety vessels known as and we had the opportunity to meet with some wonderful folks coffm ships. The 2 million people lost due to famine led to the there and they did a tremendous job in educating my wife and my single greatest loss of life in Europe between the Napoleonic family and friends, and I think it is very important that we Wars and World War I. recognize the services they provide. By implementing principles Although The Great Hunger was a tragic event, there was one set forth by the national organizations, this organization has been bright lining to come out ofthose gloomy times. The Irish who very successful in fulfilling many needs of the epilepsy were forced to emigrate and survive the journey to the United community, while restoring integrity to their livelihood. States helped foster the growth ofour cities, our Commonwealth, Mr. President, passing this resolution will demonstrate to the and the nation by digging canals, mining coal, building railroads, epilepsy community that Pennsylvania stands poised to support and by contributing in other great endeavors. Descendants ofthe issues impacting them. This resolution by the Senate symbolizes Irish who were affected by The Great Hunger continue to make that we will continue to work to carry out the mission of the significant contributions to our society in the fields ofbusiness. Epilepsy Foundation to protect the civil rights, to provide education, government, and many other professions. 1008 LEGISLATIVE JOURNAL - SENATE OCTOBER 23,

I hope you will join me in honoring the spirit ofthe Irish who result ofthat realization, we have in recent years been adopting were affected by The Great Hunger, a spirit which continues to some changes in how we approach school districts. We do live on in 44 million Americans ofIrish descent, by designating continue each year to send to the school districts of the October as The Great Hunger Remembrance Month in Commonwealth additional dollars. In fact, some would say we Pennsylvania. are very generous with the dollars that we send to our school Thank you, Mr. President. districts, but we have, I believe, realized that more money and more money and more money is not simply the answer to the And the question recurring, problems ofeducation. We have found that many ofour school Will the Senate adopt the resolution? districts are academically distressed, financially distressed, not A voice vote having been taken, the question was detennined because they are not getting additional dollars from Harrisburg, in the affinnative. but because there is not efficiency and there is not thoroughness in the school districts themselves. And this is true in a number of STATEMENT BY MAJORITY LEADER our school districts, but it is especially true, I believe, in the The PRESIDENT. The Chair recognizes the gentleman from school district ofthe first class, the city ofPhiladelphia. And we Lebanon, Senator Brightbill. have taken a number of steps to change the way in which we Senator BRIGHTBILL. Mr. President, at this time, as a approach education in some ofthose troubled school districts. special order ofbusiness, I ask that we proceed to Petitions and For example, we passed an empowerment bill last year which Remonstrances, and I have talked to Senator Mellow about this. would designate certain districts that are having problems and We are planning to bring before the Senate Senate Bill No. 640 give them special tools to deal with those problems, to help them as amended in the Committee. on Rules and Executive to raise their test scores and meet the educational needs ofthe Nominations. And for the infonnation ofthe Members, this is the students they are supposed to serve. bill that deals with the school district ofthe city ofPhiladelphia. In 1998, this General Assembly adopted Act 46 of 1998, We will begin the discussion or debate on this bill during this which provided for the potential takeover of the Philadelphia Petitions and Remonstrances period, because we presently have School District by the Commonwealth under certain no bill before us. As soon as the bill is printed we will distribute circumstances and under certain conditions, and we debated on it and put itbefore the body and continue the debate at that point, this floor ofthe Senate long and hard about the provisions ofAct but this enables us to engage in debate on these issues, these very 46 in 1998, which is triggered ifone offour conditions are found important issues, and not lose time while we are waiting for the to exist by the Secretary of Education. One ofthose is if the printing. school board failed to adopt a valid budget, or if the school district in the city failed to allocate sufficient resources. Also, if PETITIONS AND REMONSTRANCES the Secretary ofEducation finds that revenues are not consistent with the current budget, that could trigger Act 46. There are a . The PRESIDENT. The Chair recognizes the gentleman from number of academic triggers that could result in Act 46 being Dauphin, Senator Piccola. triggered. Thus far, Act 46 has not been triggered But as you Senator PICCOLA. Mr. President, later on this evening we are know, the Governor of the Commonwealth entered into an going to have the opportunity to vote on Senate Bill No. 640 and agreement with the mayor of Philadelphia this summer in an . to concur in the amendments which have been inserted in that bill effort to try to come to some agreement, some resolution ofthe by the Senate Committee on Rules and Executive Nominations. fiscal and academic problems that face the city school district, .I urge that when that bill comes before us that the Senate do and in carrying out the provisions of that memorandum of concur in those amendments and adopt Senate Bill No. 640 and understanding, that agreement, the city of Philadelphia is . send that bill to the House ofRepresentatives for its concurrence. undergoing a thorough study oftheir operation, both academic Mr. President, Article III, Section 14, of our State and fiscal. Failing an agreement by the Governor and the mayor Constitution provides that the legislature "shall provide for the on what should be accomplished to improve the operation, the maintenance and support ofa thorough and efficient system of efficiency, and the thoroughness ofthe city school district, under public education...." For most of the history of our the provisions ofAct 46, the Commonwealth of Pennsylvania Commonwealth, that constitutional mandate has been interpreted could take over the operation ofthat city school district. to mean simply sending each year additional dollars to the Now, Senate Bill No. 640, as amended, provides for various school districts ofthe Commonwealth, pretty much to amendments to that Act 46, and it provides for some amendments spend as they see fit within the guidelines set down in the that I believe increase the accountability ofthose who will be Education Code and the rules and regulations promulgated charged with running and operating and providing the academic thereunder. Generally speaking, the Commonwealth and the services and the fiscal constraints necessary to provide that General Assembly, the Governor, has complied with that and constitutional mandate of a thorough and efficient system of sent more and more money to the school districts each year for public education for the people of Philadelphia and for the their use in providing that thorough and efficient system ofpublic people of Pennsylvania. It provides for the creation of a education. However, in recent years, the people of this five-member school reform commission, which will be charged Commonwealth and this General Assembly have come to the with the responsibility ofoperating the school district ofthe city realization that our system of public education, in many ofPhiladelphia That commission is given extraordinary financial instances, is not very thorough and is not very efficient, and as a and management powers, as well as powers to direct the 2001 LEGISLATIVE JOURNAL - SENATE 1009 educational resources in an appropriate way so that the kids of category. Close to 10 percent, actually 9.7 percent, to be exact, Philadelphia will receive the benefit ofa quality education. It is ofPhiladelphia students drop out ofschool before graduation, not necessary for me, Mr. President, to go into the detailed when compared to the State average of 2.5. What does that history ofthe financial and academic failings ofthe city school mean? It means that the majority ofPhiladelphia students will district. They are legion and they are well known to us all. Ifit is graduate or leave high school without the basic skills they need necessary for the Commonwealth to take over the city school to read, write, and calculate. It means that a generation of district, it is necessary for the Commonwealth to have the powers Philadelphia students will be hamstrung as they endeavor to find to do it efficiently and effectively and thoroughly consistent with gainful employment. Itmeans that the system - the city, the State, that constitutional mandate. the General Assembly, who has a constitutional obligation to What is this all about? This is about the kids ofPhiladelphia, provide a thorough and efficient system ofeducation - has failed and it is about the taxpayers ofPhiladelphia and the taxpayers of and is failing the very children who most need the best efforts the Commonwealth of Pennsylvania, because the cost of government can provide. Today, this evening, we have an operating that system is probably one ofthe greatest drawbacks opportunity to change that. to the economic revitalization ofthe city ofPhiladelphia, and it Mr. President, the greatest measure ofmy respect goes to the is certainly a great drawback to the educational revitalization of teachers and administrators who have dedicated their time, their the kids ofPhiladelphia. They deserve a first-class education like talent, and their treasure to the Philadelphia School District and the kids in all ofour school districts, and the statistics show that its children. In my opinion, we owe these lifelong servants of they are simply not receiving it. The tools provided by the public education a debt ofgratitude. However, Mr. President, the amendments contained in Senate Bill No. 640, I believe, Mr. most talented and committed foot soldiers are destined to falter President, will provide this Commonwealth the opportunity to when the misguided plans oftheir generals consistently fail. I am abide by that constitutional mandate and to provide for a sorry to say that the overarching administration of the school thorough and efficient and effective and an academically district for years has been either misguided or mismanaged, or excellent system ofpublic education for the city ofPhiladelphia, both. Although the school district spends more per pupil than 215 and I urge that the Senate, when the bill comes before us, concur others in the Commonwealth, it falls in the bottom 10 percent in those amendments. academically. Although the city ofPhiladelphia has run swpluses The PRESIDENT. The Chair recognizes the gentleman from for 5 years, its contribution to the school district has remained Schuylkill, Senator Rhoades. constant. Although the Commonwealth has steadily increased Senator RHOADES. Mr. President, I rise also to ask my State spending for the school district, local taxes dedicated to the colleagues to join in support ofSenate Bill No. 640. The purpose school district are lower than the State median. For all ofthis ofthis bill is simple: To provide the Governor and the mayor of effort, for all ofthe dedication ofteachers and principals, for all Philadelphia with a full menu ofoptions, with a full complement the hopes and aspirations ofPhiladelphia students who look to oftools to refonn the Philadelphia School District. their school district for an education, the results are unacceptable. Mr. President, on March 4, 1933, President Franklin Delano Today, Mr. President, I can only surmise, I think as we all Roosevelt addressed a nation beset by an economic crisis unlike can, that the status quo has failed. This status quo has relied on any other in the history ofthe United States. On that date ofhis pins and strings to plot bus schedules for 70,000 students. This inauguration, President Roosevelt was painfully aware that the status quo employs two piano technicians, while some teachers organization ofthe Federal government left it ill-prepared to deal claim that schools must share a security guard. This status quo with the crippling effects ofthe Great Depression. It was for this uses over 50 separate reading programs that fail rather than one reason that he announced to the nation that the Federal that works. This status quo has rural teachers sending English government would begin a policy ofaction, and action now, in textbooks to the center city because they have none. This status an effort to find bold new solutions to unique and urgent quo has seen elementary teachers order math textbooks in problems. In truth, President Roosevelt was prepared to replace August, told they will be there in October, and they are never the status quo with new and challenging ideas, because he received. This status quo has told its teachers ifyou know some realized that only in the pursuit ofnew ideas would our nation businesses, go borrow paper from them so you can make copies. find the solutions it so desperately sought. This status quo is unacceptable. Mr. President, we need bold new This evening, the Senate's consideration of Senate Bill No. action. I think we should take this bold alternative and take it 640 will require us to make a similar choice. In order to fmd over this failing status quo anytime. solutions to the monumental problems in the Philadelphia School The bill before us today does not require the Commonwealth District, will we embrace the status quo or engage in a bold and to take over the Philadelphia School District. It authorizes the use new alternative? Mr. President, I encourage my colleagues to act of new ideas to reverse a long trend of failure. It does not boldly. As we sit here today, I am at a loss to propose other represent a totally new policy. It builds on a policy this General alternatives. As we sit here today, the one thing we know is that Assembly approved in 1998. It does not turn the school district the status quo has failed a generation ofPhiladelphia's children. over to private companies, it preserves and offers that option Today, between 70 and 80 percent ofPhiladelphia's 5th, 8th, and when other options have failed. I will be prepared to vote for this 11 th graders score below proficient on the Commonwealth's bill today, not because I am eager to experiment or as we say PSSA exam in reading and mathematics. Today, nearly 60 have change for change's sake, but because the status quo is and percent ofthese students score in the lowest quartile on those has been unacceptable. Some ofmy friends and colleagues have exams, while statewide only 20 percent ofstudents score in that asked me why I should support this bill. It provides no direct 1010 LEGISLATIVE JOURNAL - SENATE OCTOBER 23, benefit to the people I represent. It offers nothing to students in the Court ofCommon Pleas ofDelaware County, to serve until the first my region. Yet in the long term, it does. Fiscal accountability can Monday of January 2004, vice The Honorable Joseph F. Battle, deceased. ease the cry for new funds continually heard from the city of Philadelphia. Academic accountability means better lives and THOMAS J. RIDGE jobs for future generations and less burden and dependency on Governor society and State government, and therefore it means more self­ sufficiency for the boys and girls. On the question, Mr. President, I am prepared to vote for this bill today Will the Senate advise and consent to the nomination? because I believe in the power and the promise of education, because I believe that education can equalize opportunities for The yeas and nays were required by Senator ROBBINS and rich and poor, black and white, rural and urban, because I believe were as follows, viz: that without education, our children, our Commonwealth, our nation will suffer the incalculable losses ofhopes dashed, dreams YEA-48 crushed, and ideas that will never be born. Mr. President, I am prepared to vote for this bill out ofsheer necessity, out ofthe Armstrong Greenleaf Mellow Stack Bodack Helfrick Mowery Stout beliefthat bold new ideas may tum the keys to a success that the Boscola Holl Murphy Tartaglione status quo has for too long failed to unlock. I ask my colleagues Brightbill Hughes Musto Thompson to take this bold step today, believing that bold new ideas will Conti Jubelirer O'Pake Tomlinson leave the children of the Philadelphia School District to Corman Kasunic Orie Wagner Costa Kitchen Piccola Waugh understand as Franklin Roosevelt said in 1933, happiness lies in Dent Kukovich Punt Wenger the joy ofachievement, in the thrill ofcreated effort. Let us take Earll laValle Rhoades White, Donald this step so that they might achieve and so contribute their hopes Erickson Lemmond Robbins White, Mary Jo Furno Logan Scarnati Williams and dreams to the future success ofour Commonwealth. Gerlach Madigan Schwartz Womiak Thank you, Mr. President. NAY-O ANNOUNCEMENT BY THE PRESIDENT The PRESIDENT. Senator Schwartz, the bill has arrived, and A constitutional two-thirds majority ofall the Senators having we are going to pass out the bill and bring it before the Senate. voted "aye," the question was determined in the affmnative. Before we do that, we will take Executive Nominations, and you Ordered, That the Governor be informed accordingly. will be the first speaker to speak when the bill comes before us. I know you have been waiting very patiently. EXECUTWESESSIONRISES

EXECUTIVE NOMINATION Senator ROBBINS. Mr. President, I move that the Executive Session do now rise. EXECUTIVESESSION The motion was agreed to by voice vote. Motion was made by Senator ROBBINS, SPECIAL ORDER OF BUSINESS That the Senate do now resolve itselfinto Executive Session SUPPLEMENTAL CALENDAR No.3 for the purpose ofconsidering a certain nomination made by the Governor. SENATE CONCURS IN HOUSE AMENDMENTS Which was agreed to by voice vote. AS AMENDED

NOMINATION TAKEN FROM THE TABLE SB 640 (Pr. No. 1473) - The Senate proceeded to consideration ofthe bill, entitled: Senator ROBBINS. Mr. President, I call from the table a certain nomination and ask for its consideration. An Act amending the act of March 10, 1949 (P.L.30, No.14), The Clerk read the nomination as follows: known as the Public School Code of1949, further providing for distress in first class school districts; providing for medical education loan assistance; making appropriations; making repeals; and abrogating local JUDGE, COURT OF COMMON PLEAS, charter provisions. DELAWARE COUNTY On the question, June 6, 2001 Will the Senate concur in the amendments made by the House, as amended by the Senate, to Senate Bill No. 640? To the Honorable, the Senate ofthe Commonwealth ofPennsylvania: Senator BRIGHTBILL. Mr. President, I move that the Senate In confonnity with law, I have the honor hereby to nominate for the do concur in the amendments made by the House, as amended by advice and consent of the Senate, Barry C. Dozor, Esquire, 44 the Senate, to Senate Bill No. 640. Cambridge Road, Broomall, Marple Township 19008, Delaware County, Twenty-sixth Senatorial District, for appointment as Judge of 2001 LEGISLATIVE JOURNAL - SENATE 1011

On the question, districts and rural school districts, but certainly we have been Will the Senate agree to the motion? attentive to the issues ofsafety and security in Philadelphia. In Philadelphia, we have established full-day kindergarten The PRESIDENT. The Chair recognizes the gentlewoman because we recognize, and we have been trying to push the from Philadelphia, Senator Schwartz. former administration to recognize that early education and Senator SCHWARTZ. Mr. President, having heard the preschool, but certainly starting with full-day kindergarten, comments ofmy colleagues on Senate Bill No. 640, I was going matters in giving children a chance to succeed in our schools. to say we had read different legislation, but the fact is, as my And with the charter school legislation, which I supported, we colleagues know, we have actually not really seen this legislation, have more charter schools in Philadelphia than anywhere else in except for a few minutes ago, so most ofus are working offofa the State. We have 40 charter schools. We offer options to summary ofthis legislation. parents, choices to parents. We have magnet schools. We have I wish, in fact, what we were doing was some ofwhat they programs within neighborhood schools that offer choices to referred to, that we were embracing new ideas, that we were parents. We have broken down large comprehensive high schools working closely with the local community, that we were into learning communities, and we have tried to create teacher accepting more responsibility for a thorough and efficient teams and again promote professional development. education for the children ofPhiladelphia. But the fact is that is All ofthis has cost money, and my colleagues across the aisle not what this legislation would do, and I think we do need to keep reminding me that it is not about money. It is never about spend at least a minute to say what it does do. But before I do, let money. We should be able to do all ofthis without additional me say that we are not satisfied, I am not satisfied with the money, but I can tell you that charter schools in Philadelphia say quality ofeducation for the children ofPhiladelphia. I hope I will that they need more money, that it is hard for them to provide the reflect on much ofthe work that we have done over the last few quality education that they want and they think the children years, some ofit certainly in cooperation with the State, which deserve on the dollars they get from the Philadelphia School speaks to the fact that we believe that we can do better for the District. And do you know what? They are right. Philadelphia children ofPhiladelphia, that we are not satisfied, that it is not says it is hard, in fact near impossible, for us to provide the adequate to have the failing rates that we have in Philadelphia, quality ofeducation that our children deserve with the dollars just as it is not adequate for the twelve other empowerment that we have available. And we have increased some ofthe local districts. But certainly because Philadelphia is so large and has dollars. There might be some criticism that we can do more, but 210,000 children, and we have known for some time that we what we have said locally is that we want to share the could do better and should do better, that it is particularly responsibility with the State, that it is not ours alone, it needs to distressing that we are in this particular moment. be shared with the State. Let me just back up, ifI can, for just a minute or two to say And so they entered into a dialogue with the State. There was that Philadelphia has taken very seriously, particularly under a written memorandum ofunderstanding about a process where Mayor Street, the responsibility, the public responsibility for the they would wait for the State to analyze, again review the school education of Philadelphia's children. We changed the rules in district in Philadelphia and come out with a report and say what Philadelphia so that it is very clear that the mayor has direct might be done to be more efficient. I hope they find millions of responsibility for the schools, for appointing the school board, dollars. Every time we bring in a team to look at the way the for passing the budget and working to make sure that there are school district might be managed we do find additional dollars adequate resources for schools. We have changed the we have saved and create greater efficiencies. I, for one, would management structure, and again, some ofthis has been done in embrace that. Any way that we can do or meet quality standards cooperation with the former Governor, who certainly talked but save dollars is important to our children and certainly to our about the need to do some of this, to say we need to have taxpayers. stronger management, to use a CEO model, to hire a chief We are waiting for that report. It is due in 8 days. The executive officer who has a business and fmance background, expectation is that we will hear some interesting things, there will that it cannot just be about education and have just educators. We be some recommendations, that the State will come back and say have to make sure that we are going to be efficiently managing here are some of the things we can do in working with the almost $1.7 billion that is used to educate the children in Philadelphia, that we will take some more responsibility in Philadelphia, and we did do that. working with Philadelphia. And then the memorandum of We negotiated a new-contract for the teachers in Philadelphia, understanding says that we have 30 days in Philadelphia, the demanding higher performance from them, demanding Philadelphia mayor and the city council, parents, advocates, professional development, which again has been encouraged by maybe even students, and certainly elected officials, and the the State, demanding that they spend a longer school day, that General Assembly might be able to respond to that report and they establish merit pay for new hires. There would be the whole say, here is what we can do, here is how we can take our public pay for performance, that the assignment ofteachers have more responsibility, at the State level and at the city level, to educate flexibility, and that the principals have more authority, that we our children in Philadelphia more responsibly and better and recognize more autonomy for individual schools. There has been create greater, not just economic efficiencies, but higher greater attention to security in our schools, particularly with some achievement. ofthe violence that has happened more likely in suburban school 1012 LEGISLATIVE JOURNAL - SENATE OCTOBER 23,

And what happens 8 days before we expect to hear some of fact we are going to take our constitutional responsibility those findings, which we might all embrace? The new seriously? administration, which asked for 30 extra days, comes and says I have always said that we can attach strings to any dollars we the answer to the problems in the Philadelphia School District is give to any school district. And the Empowerment Act, which to establish a commission, and, yes, there is a commission actually had some very good things in it, lacked dollars. In our established in the original Act 46, but we are going to change school districts across the State, Philadelphia is not the one that that. It is not independent enough. It is not strong enough. We do scores the lowest, and again, I am not proud ofthe scores in the not trust elected officials in Philadelphia or on the State level. Philadelphia School District, but it is not the lowest. Are we We do not even trust the next Governor, whoever he or she might saying to all those other empowerment districts that next month be, to appoint a commission. We want a commission that is going we may say to your school district, although you are elected, to be around and be untouchable by any elected official, any forget it, you did not perform quickly enough. You do not have parent group, any school, any advocacy group, and will be able the local dollars and we do not trust you. We are going to take to fimction without any public accountability for the next 7 to 11 you over and we are going to turn you over to an independent years. And they will be responsible for using almost $2 billion of commission that you will have no say over and we will ultimately taxpayers' dollars but have no public authority. They will not have no say over, and we have no idea whether we are going to have been elected, they will not have been appointed by anyone need more dollars for you or not. who has been elected, and they will have no accountability, and You know, I believe very strongly that there needs to be a they cannot be removed without cause but at the discretion--we strong governing board for the Philadelphia School District. I think, it is not clear in the legislation-of the Secretary of believe that there should be State oversight. I have no problem Education, whoever he or she might be. with that. I had hoped there might be some partnership worked Now is that acting responsibly? Is that our taking seriously the out here, but in fact the Governor and the administration are need to educate 210,000 children in Philadelphia? Does that telling us that they do not trust the process. He does not even speak to what some ofmy colleagues said is bold and actually want to wait to make public the Edison report. He just spent $2.7 will make a difference? Where in that whole scheme is full-day million and will not even let us hear what the report has to say kindergarten? Where are reduced class sizes? Where is before we take legislative action. Is that another waste of$2.7 professional development for our teachers? Where is safety and million oftaxpayers' money? I would rather they went to the security for our staff and our students? Where are school school district of Philadelphia and helped to pay for full-day buildings that are respectful ofstaffand students? Where, in fact, kindergarten, but instead we just paid for a report that is going to is support for choices and charter schools? And where is the go on a shelf somewhere because the Governor has already support for efficient tax dollars being spent? There is nothing in decided what is going to happen but will not tell us yet. this legislation that says we are going to use the strategies that we I am told that we will see the report someday, but that we had know work to help children learn better. Nowhere. All it says is to pass this legislation tonight. Well, that is not being that the new commission, which again is not responsible to responsible. It is not responsible for me to vote on this legislation anyone, may privatize the entire school district, and once having and not for any ofmy colleagues, because we often have said that turned over the school district to a private company, they may all ofthe children in every school district are all ofour children, then privatize any individual school. Again, with no and that we have to demand more from every one ofour school accountability to anyone who has been elected on any level of districts, and I agree. We have set statewide standards, we have government. put them into effect, we are demanding accountability, we are Now is that respectful ofour local community? Is it respectful doing statewide testing, we are going to publish those results, we of our parents and our teachers and our children who are are going to compare school districts, we are going to compare struggling to learn and to do better? It is not. And it is shirking finances of school districts, but we cannot shirk our our responsibility as a General Assembly. We are saying we are responsibility. We cannot say it is not about the State legislature, not going to be responsible for the school district ofPhiladelphia it is not even about the next Governor. In fact, we are just going This independent commission, whom we cannot touch, will be to let five people, appointed by this Governor, decide how to responsible. And ifwe do not like what they are doing, we will spend local and State tax dollars and to choose any way they have no say. Ifwe think they are doing a great job, we still will wish to do so. That is irresponsible. It is not being accountable have no say. Ifwe want to do more ofone thing than another, we to our children, it is not being accountable to their parents, it is will have no say. If research tells us that if we do not do not being accountable to our communities that are demanding us preschool for 3 and 4 year olds, they cannot make it up. Ifthey to do better, and it is an example ofhow today it might be done say, you know, we are going to need a lot more money from you for Philadelphia, but it could well happen, as it obviously has in the State budget, where are we going to find that? We have with other school districts, we have seen two other school already been told by our colleagues that it is not about money, districts get treated in special ways, where we are not taking our that they are going to have to operate on the money that they responsibility seriously, we are not being accountable, and our already have. Is that true today? Is it true next year? Is it true for children deserve better. 5 years or 7 years or II years that this commission will be in So, Mr. President, I would say there is no need to pass this place? What does that mean to the children ofPhiladelphia, all legislation. Ifthe Governor wants to make changes in Act 46, let 210,000 ofthem who are waiting patiently to fmd out whether in us do that after we know what he wants to really do with it. And 2001 LEGISLATIVE JOURNAL - SENATE 1013 if he wants to take control, let him take control and be understanding to develop a strong, professionally operated, responsible, not tum it over to five people. He will be gone in 15 educationally balanced, and fiscally responsible school district in months, and we will not have any say. Will they have to call Philadelphia. The language in Senate Bill No. 640 does not Governor Schweiker later and say, by the way, Governor, you further this cause. Although Senate Bill No. 640 contains appointed me and you are the only one who I can imagine I am language important to the Medical Education Loan Assistance accountable to, what do I do now? It is just not reasonable. It is Program, I must ask for a negative vote on this bill. not what was intended by the use oftaxpayer dollars for assuring Thank you, Mr. President. a quality education for our children, and it will not help us get The PRESIDENT. The Chair recognizes the gentleman from there. Philadelphia, Senator Fumo. I ask for a "no" vote on this legislation, and I ask for my Senator FUMO. Mr. President, I am kind of tom on this colleagues on the other side ofthe aisle to be thoughtful about particular piece oflegislation because I have been a great critic this. Do not pass it offbecause it is about Philadelphia so it does ofthe way in which the Philadelphia School District has been not really concern me, because ultimately it does, ifyou believe run, and not just all of a sudden. Right now it is vogue for that Philadelphia's children are truly all ofour children, as the everyone to go and attack the district. I was a great critic ofthe fonner Governor chastised us to believe when he gave his speech way the district was run when Ed Rendell was mayor and begged when we were across the rotunda. He said, remember, they are him to go into that district to try to straighten it out. Rather, he our children as well. Well, let us remember that today. Do not shunned his responsibilities and looked elsewhere for things to tum them over to five people who are not accountable to you or do. So, Mr. President, from that standpoint, I really do not care to me or to the next Governor, that takes the local school district ifthe State takes over the system. Ifthe State wants to take over out ofit, that privatizes the school district in some plan we have the system and they think they can do a better job than what has never seen and does not even allow us to speak to it at a future been done down there, that is fine. However, do not kid yourself. date. It is not an easy thing to do. There are 210,000 children in that So, thank you, Mr. President I appreciate being able to make district. That is a number that is incomprehensible to many of these comments, and I expect that some ofmy colleagues will you. I got involved in a charter school in my district, and then I want to as well. got involved in another charter school, and they work. It is The PRESIDENT. The Chair recognizes the gentlewoman interesting to say, gee, I can go into a school and see 16 children from Philadelphia, Senator Tartaglione. in a classroom with a teacher and a teacher's aide and have a Senator TARTAGLIONE. Mr. President, I also rise in wonderful building and a great facility and dedicated teachers, all opposition to Senate Bill No. 640. This legislation contains an for $1,000 less. But the reason why that happens is because the amendment to language we passed in 1998 which dealt with community comes together. There are concerned parents, there distressed school districts of the first class. Admittedly, Mr. is a board that actually does a lot ofthe work, and you are only President, there is distress in the Philadelphia School District. dealing with a couple hundred children. You start to multiply However, I am not convinced that this legislation before us today that, and instead of getting economies of scale, you get the will do anything but cause more distress to the students, parents, disaster ofbureaucracy, and that is what we have in Philadelphia. and employees ofthe Philadelphia School District. Mr. President, It is simply too big. Ifyou think you are going to come in and ron considering Senate Bill No. 640 today concerns me greatly. I am itbetter with Edison or anybody else to privatize anything, come concerned that our public school children and their families will on in and try. It is not going to work. see no benefit from this legislation. There are no assurances that I have some problems with the way in which you have drafted classrooms will be smaller or that students will get new this bill, however. Thank God, you protected the contracts ofthe textbooks. There are no assurances that students will attend safer, teachers, but also slipped in on page 27, line 26, ironically, more modem facilities. I am concerned that this legislation will "...except as...provided in section 693...." But you start to look do nothing to correct the problem ofunderfunding to the school and you do not find any section 693. You have to refer back to district. The level of financial support by the State to the the bill, "...except as...in section 693, nothing in this subsection Philadelphia School District is insufficient, and this legislation shall eliminate, supercede or preempt any provision of an does not fix that. As a matter of fact, there is currently not existing collective bargaining agreement until the expiration of enough money to take care ofus through this current school year. the agreement unless otherwise authorized by law," except I am concerned that this is being done even before we have seen section 693. Section 693 is the collective bargaining agreement the Edison report. I am also concerned that the changes in Act 46 that deals with all the custodians, the bus drivers, the food will make the reform commission unaccountable to the people. service workers, all the people who keep the schools running. I am concerned that the jobs of over 4,000 nonprofessional They are the people you are saying by this you do not mind school employees will be in jeopardy. I am concerned that getting rid of, hurt the little guy, throw them out. Well, that is service contracts with the school district will be more costly, and what it says. Originally, we were told this does not abrogate any service will actually suffer. But probably most importantly, Mr. contracts. It does, those contracts. President, I am very concerned that the mayor ofPhiladelphia I also want to thank you, quite sincerely thank you from the did not participate in, nor does he sanction, this legislative bottom ofmy heart, as someone who is deeply involved in the maneuver. Casey campaign, by admitting defeat this early. This bill clearly Mr. President, Governor Ridge embarked upon a mission to contemplates that you are never going to have the Governor, at work with the mayor ofPhiladelphia through a memorandum of least not in the next 8 years, and that is why you have so craftily 1014 LEGISLATIVE JOURNAL - SENATE OCTOBER 23,

drafted it so that Bob Casey, when he becomes Governor, will behalfofthe citizens ofPhiladelphia for your largess which is yet not be able to change this board. That is why you have got 7-year to come, but I know, because with authority comes responsibility. tenns, no way to remove people, so I want to thank you for that You are in here doing all this for the children. Jim, I hope you vote of confidence. I am sure we will be able to raise a lot of come down and help run the system for us. You know, come on money based on that throwing in ofthe towel this early in the in. Everybody, come on down. It is going to be a big party. In the game. meantime, we will worry about the other problems in Mr. President, in addition to that, I quite frankly want to thank Philadelphia, while you take care ofour children, and we know you on behalf ofthe children ofthe city of Philadelphia, and you care about them deeply, deeply. I know that is why you are more importantly than that I guess the taxpayers ofthe city of doing this. You are not doing this for any political partisanship. Philadelphia, because by any stretch of the imagination, with It is just out ofthe goodness ofyour hearts, and I want to thank privatization, without privatization, with custodians, without you for that, and the $75 million or $200 million, whatever it is, custodians, the best case scenario is that they are going to be that comes our way will be greatly appreciated. $150 million short. And with authority comes responsibility. You Thank you, Mr. President. will fund that $150 million, and you will do that next year in a The PRESIDENT. The Chair recognizes the gentleman from budget, and maybe I am wrong. Maybe it will only be $100 Lebanon, Senator Brightbill. million or $75 million, but you will fund that, and I want to thank Senator BRIGHTBILL. Mr. President, I stood here on the you as a Philadelphian for that, because it has been a long time floor listening to the gentleman from Philadelphia, and I will be since I have seen that kind oflargess ever expressed toward the very candid, I always enjoy his floor debate. Often I fmd myself city ofPhiladelphia. I will not be up here during the next budget agreeing with him, even though we are on opposite sides ofthe cycle telling my colleagues on this side ofthe aisle that they have fence on many issues, and I remember standing here on this floor to give me $75 million or $100 million more for my district when back on June 13,2001, and listening to the gentleman and his they are not getting anything more for their districts. I am not debate at that time. Now, it is interesting because ifyou want to going to make that argument. I have a responsible position here, see his floor debate from that date, all you have to do is go to his I am elected by my Caucus. But I want to thank all of you, Web page, and so I am pleased to be able to repeat some ofit, because at some point in time that money will flow with this and here is what he said: "But now the schools have reached the control, and I will not even have to fight for it. So I am thanking desperation point,...what answer do the Republicans give us? Are you in advance for that. they going to ride on their white horses...and take over And for those of you who think-I do not think in this classrooms? No." Well, Mr. President, this is not a partisan Chamber, but I think in the other Chamber some of the debate, and this is not a partisan evening in the Senate of masterminds ofthis--that this is Parking Authority II, you know, Pennsylvania. This is something that this government is going to Mr. Perzel came in, he was going to take over the Parking do because a lot ofreally good citizens in Philadelphia who have Authority, come in and grab all those jobs, grab all that made a lot ofreally important contnbutions to this State and have patronage, in the name of children, of course. Now we are brought great things to this country have abrogated their actually going to grab the school district in the name of the responsibilities toward 200,000-plus schoolchildren. I do not children. I can tell you, this place is not as fat as the Parking know how long it is going to take, but we have to start moving in Authority. ~d I remember a long time ago, you may remember the opposite direction. There is a saying that a trip ofa thousand this guy, he is a radio talk show host now in Philadelphia, a big miles begins with a single step, and let us look at it this way: The Republican, was appointed the head, by the Feds in fact, was refonnation of the Philadelphia School District begins with a appointed the head ofthe Philadelphia Housing Authority, and single child, and that is what we are talking about, Mr. President, he thought he died and went to heaven. He was taking over this children. ripe patronage agency in Philadelphia, and he was a Republican, You know, I believe what is happening in Philadelphia, and and all those Democrats, and he was moving in like gangbusters. as the gentleman will quickly point out, I am not a resident of I remember getting him and telling Michael Smerconish that day, that great city, but through the Rendell administration there was Michael, congratulations, you just became the biggest slumlord a lot oftalk, a lot ofpromise, and little commitment The mayor, in Pennsylvania. He lasted about 6 months after he came in and Ed Rendell, handpicked the superintendent, and he was going to swallowed that Trojan horse. He was out ofthere and ran away implement a children achieving program. Those results never from it, and I wonder what is going to happen in here when you materialized. Ed Rendell, when he was America's mayor, never are stuck with this Trojan horse for the next 10 years or so. showed the local commitment necessary for successful schools. I am not going to vote for this because I am not going to be a Philadelphia's level ofsupport compares unfavorably to that of party to--I remember my good friend, Dick Tilghman, in fact, I other school districts. In 1995, the city of Philadelphia had a do not know ifthey have aired the tape yet, but someone came to surplus ofmore than $80 million and contributed S15 million to my office and wanted some memorable events, and I remember its schools. Now, it is important for people to understand, when we did the tax in 1991 and Dick came in with the bill with because I know the people in this Chamber understand, but in our all the taxes, handling it with rubber gloves and said, I do not communities, the city is separate from the school district, and the want my fmgerprints on this at all, and he never put his school district has the ability to levy taxes, and it actually fmgerprints on it. He voted for it, but he never put his operates as an independent municipality. In the city of fingerprints on it. I am not going to put my fmgerprints on this, Philadelphia, the school district is a political appointment. The and I am not going to vote for it, but I do want to thank you on school directors are political appointments ofthe mayor. Perhaps 2001 LEGISLATIVE JOURNAL - SENATE 1015 there is council involvement, but the bottom line is in the city of know, it has taken me a long time to figure out the answer to that Philadelphia, the taxing power rests in city council, and the question, and the answer to the question is we cannot work person that was most responsible for the direction ofthe city over together here and accomplish things without a divided vote until the last 8 years was Ed Rendell. And now we have a new mayor the constituencies that are out there begin working together, and there, 10hn Street. I believe 10hn Street would like nothing more the cooperation has to begin in the city ofPhiladelphia. When"it than to see this system turn around, but he has been given, after begins, there will be progress, and when people begin to really be 8 years ofneglect, a system that is perhaps in need of strong concerned and not talk about the fact that the only act in town are medicine. In 1995, $80 million in surplus, $15 million to the the private schools, then something will happen. schools; in 1996, $115 million in surplus, $15 million to the Mr. President, this is a big step, it is an important step. It schools; in 1997, $125 million in surplus, $15 million to the would be nice ifthe citizens ofthe city ofPhiladelphia would schools; in 1998, $165 million, $15 million to the schools; in step forward before the contract is executed which is enabled by 1999, $200 million in surplus, and $15 million to the schools. Do this bill and say we have a plan to do it better. We can come you get the picture? Where is the local commitment? back, we can change the law as soon as somebody starts being And do you know what they are doing, Mr. President? I responsible, Mr. President. believe they are driving the school district into bankruptcy, Thank you. because they know that once it is in bankruptcy, a Federal court The PRESIDENT. The Chair recognizes the gentleman from will take control. We have seen that happen before, and we have Philadelphia, Senator Fumo. seen, ifyou think this commission is a bad idea, you know, you Senator FUMO. Mr. President, when we talk about working are going to love having a Federal judge running your school together, there is no one in this Chamber who would like to do district. If you think this commission is inaccessible, you are that more than me. Working together does not mean that you going to love having somebody on the bench running this school come in here at the last hour and dump an amendment on our district. Mr. President, bankruptcy is coming for this school desks that seizes the Philadelphia School District on a partisan district, financial and academic, and reluctantly the people who basis. Let us be honest about this. If it were nonpartisan you run State government are willing to step to the plate and take would be here asking us for our ideas. Ifyou were going to have responsibility. appointments to this thing, you would be asking for a two-thirds And yes, the gentleman from Philadelphia is correct: When confirmation. You would be asking for a bipartisan board. That you step up to the plate and you take responsibility, you are is not what you are asking for. So, let us not con the world that going to have your hands full, and there is no question in my you are trying to be bipartisan and work together. We are willing mind that this is going to be a very, very tough assignment. But to work together; it is you who want to dictate. let me tell you, do not get smug over there. Do not get smug over As far as coming into our city and authorizing this board, or there. Do not laugh. Do not laugh. What happens maybe in a anybody else, to tax us, you seem to forget your history. America year, maybe even with a Democratic Governor, when they are was founded when it revolted against the King ofEngland for tired ofseeing the kind ofmoney going to Philadelphia that has taxation without representation. Maybe you have not heard of been going to Philadelphia and no results, or the need to generate that in your area of the State, but we have heard about it in new results, and we pass a law that says the commission can Philadelphia. The Revolution started there, and we will not be impose a tax, or we pass a law on Philadelphians, on taxed without representation. And as far as a Federal judge, I Philadelphians or perhaps the State comes in and imposes a tax. would rather have a Federal judge come in than a partisan body What we are going to do here is put a new game in town, and who thinks they are going to rape the school district and grab these folks are going to sign a contract, and when they do, they whatever they can out ofit for partisan reasons. After we did the are going to have performance standards and the contract is Parking Authority bill, which was passed here along the lines of going to say ifyou do not meet the performance standards, you helping out the children, the first thing that the Republicans in are out ofbusiness. Philadelphia said was, now we get the jobs. There was no longer Now, what do I think would be the perfect result here? We any talk about children. You should be ashamed ofyourself for pass the bill tonight, we sign the contract, we create a new hiding behind children and the plight of the children in commission, the commission starts to show what can be done, Philadelphia for partisan reasons. and the good citizens ofPhiladelphia, as they are able to do, if When we take a look at the track record of the they choose to do it, come forward and say we can change it, and Commonwealth running school districts, just take a look at it is simply a question ofhow long the people who live in that Chester-Upland. You are sony you ever walked in there. You did city are going to be permitted to neglect their school district, and not do a damn thing for them. You have not educated one kid any how many times the State ofPennsylvania has to hit them right better than they were before, and you have the audacity to tell on the head to get them to pay attention. There are more me, when you could not do it there, you are now going to do it in hammers, Mr. President, there are many more hammers, and we Philadelphia. But again, I thank you. I did not get up here and do not want to do that, honestly. Let us start with the argue, I thanked you. What you are trying to do now is give your Philadelphia schoolchildren one child at a time. Let us work Members some cover, make them feel a little bit comfortable. together. You will not have to pay that bill in Philly, we will tax them You know, I have constituents who tell me, why do you guys, down there. It is not going to happen. Got me? It is not going to and now ladies, not go to Harrisburg and work together and get happen. stuffdone? Why do you not cooperate with each other? And you 1016 LEGISLATIVE JOURNAL - SENATE OCTOBER 23,

As far as my speech before, I did not think you would come $75 million to the school district, when everybody thought there in riding on the white horse to our classrooms, and I guess you was a partnership. I will bet you that ordinance does not go are not. You are coming in riding on the red horse or the gray anywhere and it will get canned real quick. It is your problem horse or the black horse, but not the white one. You are coming now. You can listen to whatever you think. And eventually I do in with a taint, but at least you are coming in. Ifit were not for think a Federal court will come in, and I think a Federal judge is the fact that our children are going to suffer even more when you going to say to the State of Pennsylvania, you will fund that are there, I would really even welcome you with open arms and school district, because those children are being discriminated vote for this. But in the end what is going to happen is that you against. And it is a civil rights action. And I know it was not nice are going to put more money in here. You are, like it or not, you to call Tom Ridge a racist, but that is what that action calls for. are, and ifyou want to read back into my remarks, go back to It was on hold, and I told the mayor ofPhiladelphia do not, do 1991, and those ofyou who were here remember when I got up not put that action on hold, because you are getting conned up in here every day, every day and said, you are in the Majority, we Harrisburg, and if he has not realized it yet, maybe the other are in the Minority, we are going to pass a $2.1 billion tax bill plaintiffs in that case will. and we cannot do it alone. You are going to vote for it. You do not want to take care ofour kids. You honestly do not Everybody said no, no, no, no, no. In the end, you voted for it. want to take care ofour kids. You want this to go away. I do not Now you can call it whatever bill you want, and it may have been blame you for that, because you have to take care ofyour own the Casey bill, whatever, but Republicans passed that bill. You kids. The Republican Party is supposed to be the one that talks will fund these schools when you take them over, and you will about local rule and let us get government offour back. That is fund these schools to the detriment ofyour own school districts. not what you are doing tonight. You reap what you sow. Just do Remember that. For that I do thank you. not forget that, and I have told you that a lot, and you have been But in the end I do not think our children are going to get a reaping a lot ofwhat you have been sowing, and you have not better education than they are getting now, because I have not liked it, and you are not going to like this any better. This is not seen anybody come up with a unique idea, an original idea. And going to be a happy thing for you in a year or two, mark my yes, the mayor ofPhiladelphia is not my closest mend, but you words, put them on the record, put them on my Web site, I will asked for a plan and he offered a plan. He came here. He asked put them there. You will fund this problem to the detriment of for changes to be made in the law so he could do some your own districts, and I thank you for that largess. privatization, so he could do some different things, and he was Thank you, Mr. President. snubbed. He learned the hard way what it was like to come up The PRESIDENT. The Chair recognizes the gentleman from here to try to make a deal. He learned the hard way, and he is Cambria Senator Wozniak. learning more every day. By next year he might even really be Senator WOZNIAK. Mr. President, the hour is getting late, upset with this place. So far, he has had his Parking Authority and I do not think we will be changing any votes, but I would like taken away from him, his teachers have been allowed to move to say a few words. Not being from Philadelphia, I try not to get out of the city, and now he is losing his school district, all involved in their internal business, because I do believe in local because he was a nice guy and came up here and talked with the control and the ability ofwise and intelligent individuals to see Republicans in authority. Eventually, he will learn who his their way clear and make those appropriate decisions. friends are. The issue ofthe Philadelphia School District has been around But do not chastise me. I welcome you. Come, teach our for a number ofyears now, and I have been here for a number of children. Bring us your suburban friends. Teach them, bring them years. And it all comes down to, some people would like to say, in, bring in all the teachers from the suburbs. Take care ofour money. Let us get an outside organization's objective to get kids for us. You do not know what problems are until you walk involved and it will all be tine. We talk about not understanding into Philadelphia. You have not been through my city. You have Philadelphia and, quite frankly, where I am from, the entire not seen the poverty in my city. You have not seen when people county of Cambria has about as many people as you have cannot afford to eat and their children come to school hungry, children. So that is a very sobering fact and something that I what it is like to teach a kid when he has not had breakfast and think people need to realize. I have a number ofdifferent school the night before he was abused, one way or another. You come districts within the counties I represent. The upper middle class and do that with some private group called the Edison group, school districts happen to have a higher per capita student which has not shown a profit yet. You come and do that, and we expenditure and they also have the mom and dad who are will be back here again. Mark my words, this is not over. The educated, who help participate in their children's education, and only thing changing is, it is now the Pennsylvania school district. it is a reflection upon the education ofthose children because of It is no longer the Philadelphia School District, it is the the participation ofthe nuclear family. I have other districts that Pennsylvania school district, and our taxpayers will be very are on the lower socioeconomic range, where the breakdown of happy for you to foot that bill, because that is what you are going the family is real and exists, and indeed, because of those to do. circumstances, the parents are not there to participate in the And you talk about cooperation, the last way you get child's education. I would think that is not a dissimilar reality in cooperation is by mugging somebody. Ifyou think you are going what is happening in Philadelphia. to go to city council and now say, hey, we were great, we took Every time western Pennsylvania legislators are asked to over your school district, now give us some tax money, you are come to the aid ofPhiladelphia, it becomes suspect, because so not going to get it. Last week an ordinance was put in to transfer many times the chairmen ofthe Committees on Appropriations, 2001 LEGISLATIVE JOURNAL - SENATE 1017 nothing against my own chainnan of the Committee on any size you want." Now, he said that to us, any size. We get to Appropriations, the power brokers, the seniority is down in that pick the tax increase, and you are going to put up the votes. Wel~ big urban center. We are now committing omselves to a direction we do not want to do business that way, and not only in this vote, in which we are not really sure what the end result is going to be, but in a lot ofother votes, we do not want to do business that but I do know it is going to cost money. And it seems to be we way. We believe that in the final analysis, whatever State dollars are all shying away from that reality. Just before September 11, in the future have to be sent to the city ofPhiladelphia, it will be we had the issue right after Governor Ridge took $200 million a smaller number and a substantially smaller number than ifwe off line in this fiscal year because we are going into a deficit continue to let the status quo move forward. condition. There are people here with a knee-jerk reaction who And as far as a Federal judge, I also have some recollection are going to blindly vote to put 100 more State Troopers out on ofthe gentleman standing up here and perhaps expressing a little the roads, new State Troopers, instead of using ones in discomfort about some ofthe decisions ofFederal court judges. administrative positions. Where are we going to get the money I have been here when we have gone through issues such as air for that? I do not know. And now we are coming to the issue of pollution, where we had a Federal judge enacting legislation and the Philadelphia School District, and they are going to come to trying to deal with the problem. We not only had to bring in the next year's budget and say, we need another $100 million, maybe Governor, bring in the House, bring in the Members of the $200 million. I heard the number $80 million, but I have been Senate, bring in the people whom we really represent, those here long enough to know those numbers get very big, very fast. constituencies, but we always had to kind of run back to that Where are we going to find it when we are going in the opposite Federal judge and say, hey, judge, here is what we would like to direction? And I can guarantee you that every school district do to try to solve the problem. What do you think? And let me outside ofPhiladelphia is going to say, well, what about us? Do tell you, that is not what you want in the city ofPhiladelphia. we not deserve a little bit more? Because, indeed, there are many So, I am here to say that I believe we can work together. I distressed school districts out there. think we need to pass this bill tonight, and as soon as someone We talked about trust and we talked about taking a step from Philadelphia wants to come back to the table, we will be forward. A few years ago we passed what was called Act 50, and here. We would like to make some changes and we would like to this was supposed to be the great stride forward for tax work with you, and we have worked with you with our tax restructuring on the school board level in school districts, and dollars. Let a new way ofdoing business begin here tonight. one by one many ofmy colleagues on the other side ofthe aisle Thank you, Mr. President. got up and said, this is a good first step, this is a good first step. The PRESIDENT. The Chair recognizes the gentlewoman And I am not being smug, Mr. President, but this is a good first from Philadelphia, Senator Kitchen. step. And we argued the fact that the laws you are putting into Senator KITCHEN. Mr. President, I, too, rise to oppose place are shackling the school board members so they cannot Senate Bill No. 640. Mr. President, we were waiting for a report, make the decisions necessary to restructure their taxes. Lo and a study, which is due in just 8 days, but yet we find ourselves behold, here we are, a number of years later, and out of 501 voting on an amendment which we know very little about. We school districts, less than 5 have made those changes. have not seen the plan, the plan has not been discussed. And So, I want to caution this Chamber not to move pell-mell into truly, if the issue is fixing the schools and we are concerned creating a commission, into committing what might be a very about the children fu Philadelphia, then why were educators in significant amount of money from the State budget into the Philadelphia, as well as Harrisburg, not assembled? With some Philadelphia School District. Do you need to take a step? ofthe greatest educators right here in the State, why was class Absolutely. Do I have the solutions to it? I do not, and I know size not discussed? Why not talk about early childhood this is a challenge, but I would rather walk very slowly and education? boldly forward than to move into a situation where I am very Mr. President, while we do have a number ofchildren in the uncomfortable with where it is going to take us. State in day care, a lot ofthose day care centers do not provide So, with that, I am going to ask for a negative vote, and I cognitive development on the level that it should. It makes a big thank you very much for the opportunity to address my friends difference in the future education ofthe children ofthis State. here. But, Mr. President, one issue that is clear in the amendment is The PRESIDENT. The Chair recognizes the gentleman from that the commission has complete control over contracts and has Lebanon, Senator Brightbill. complete ability to make agreements. Mr. President, that does not Senator BRIGHTBILL. Mr. President, I just wanted to make look good. It does not make us look good when it obviously is one remark here. The gentleman brought up 1991 and his more concerned over who is going to control certain issues than willingness to raise taxes, and I thought perhaps it would be getting us the report, getting the report to all of the Senators, important to take a look at the record in 1991. On June 30 in especially the Senators in Philadelphia. While, Mr. President, it 1991 in this Chamber here is what the gentleman from is very sad that Philadelphia schools had to come to this before Philadelphia said, because I think it is not only important as to we seriously started to correct some ofthe problems, because I this debate but in every other debate we have been having where can remember a time when the Philadelphia school system was some ofthe people on the other side ofthe aisle think that we are not like that. My children were educated in Philadelphia public not spending enough money. He said, "...I want to announce schools, and they are all doing very well today. today that we on this side ofthe aisle are fully prepared to put up Mr. President, I just want to add this and then I am done. I do our 12 votes, not only for a budget but also for a tax increase of think that we should discuss this issue, discuss solutions with all 1018 LEGISLATIVE JOURNAL - SENATE OCTOBER 23, parties involved, and we should not be afraid to take suggestions Mr. President, obviously, I am not voting for this proposal, that maybe do not come from us. and I really did not have any intention of speaking on it this Thank you, Mr. President. evening, because I think it was being done very adequately by the The PRESIDENT. The Chair recognizes the gentleman from individuals who represent the city ofPhiladelphia. But the final Lackawanna, Senator Mellow. passage ofthis particular bill is to refonn, ifyou will, Act 46 at Senator MELLOW. Mr. President, just a few notes of the expense of the other 500 public school districts in clarification, because I believe it is a national commentator by Pennsylvania. Because everyone who votes in the affinnative for the name ofPaul Harvey who says, and now, the rest ofthe story. this bill in the Senate here this evening, Mr. President, has an Well, I think perhaps the rest ofthe story should be told about obligation to vote for the money that will be made available to what took place that evening of June 30, 1991, which, subsidize this proposal in the next budget cycle, and in doing so coincidentally, was the end ofthe State fiscal year, which meant what you, in fact, have done is taken away from your own school that ifwe did not take some type offiscal action that evening in district and you have asked your own local taxpayers to pay more passing some fonn of revenue enhancement and passing a money in increased millage to run the school districts that you budget, the people of Pennsylvania, the schoolchildren of the represent, because tonight you are prepared to vote for a financial people ofPennsylvania, the courts ofPennsylvania, and all of bailout ofthe city ofPhiladelphia School District. And is it not those who were dependent upon the State budget, the next day amazing the rhetoric that is coming across here this evening? they would have had no money to spend to run the operations Because all I heard over and over and over in the many years that upon which people depended. What Senator Furno and many I have had the opportunity of sitting in this great Chamber of others said on that particular evening was, we now are prepared ours is that all the Democrats want to do is to bail out the city of to do anything that you want to'ito at any size that you want to do Philadelphia and bailout the school district in the city of it. Because the Democratic Party was not in control of the Philadelphia. And is it not amazing tonight, Mr. President, with Majority, I believe the makeup of the Senate then was 26 the rest ofthe story, that every Republican in this Chamber here Republicans and 24 Democrats, and we in our own right could this evening appears set on bailing out the city ofPhiladelphia, not facilitate the final passage of a budget and/or any type of regardless of where they live. I do not believe there is one revenue enhancement that could have made that budget balance. Member on the Republican side ofthe aisle in the Senate who So, out ofabsolute frustration, we reached once again with our resides in the city of Philadelphia, yet each and every one of hand extended across the other side ofthe aisle, and it was done them are falling over themselves, apparently, to bail out the city with Senator Furno representing our Caucus, and we said to them ofPhiladelphia School District at the expense oftheir own school at that time, we will vote for any size ofan increase that you want districts and their own taxpayers. Shame on you. to vote for. And the rest ofthe story was, Mr. President, so that The PRESIDENT. The Chair recognizes the gentleman from we could get on with doing the business ofthe people ofthe Philadelphia, Senator Hughes. Commonwealth ofPennsylvania, including the schoolchildren. Senator HUGHES. Mr. President, in all ofthis conversation, Mr. President, I do not have any horse in this race here this it started offwith some rather negative attributions with what is evening. The only horse that I have in the race are the school going on in the Philadelphia School District, and no one would districts which I represent: the school districts in Lackawanna sit here and say that everything is fine and wonderful, but for the County, Luzerne County, and in the Pocono areas of Monroe record, there needs to be some accuracy put in this conversation County. This Republican bailout of the city of Philadelphia and some accuracy put in this dialogue. I wonder ifthe Members School District, with financial considerations and ramifications know that in this hail of bullets of negativity about what is that are going to spread throughout the entire 67 counties of happening in Philadelphia, that from 1996 to the year 2000, the Pennsylvania, is going to have a detrimental effect on the schools school district ofPhiladelphia moved faster in its grade scores in in northeastern Pennsylvania. When you talk about swpluses-­ reading and math than the statewide average, that those numbers and it was mentioned before, and I think I wrote them down, but moved higher at a faster rate than the statewide average. In fact, I do not know ifI was able to write fast enough--I believe the Mr. President, it should be noted that in the school district of gentleman indicated that in 1996 there was a $115 million Philadelphia that rate ofimprovement was greater than most of surplus in the city ofPhiladelphia and that only $15 million was this country's big city schools. So in that 4-year period, from made available for schools; in 1997 there was a $120 million 1996 to the year 2000, there was significant improvement in the surplus, and $15 million was made available; in 1998 there was Philadelphia School District, and in fact that improvement has a $165 million surplus in Philadelphia, and $15 million was been at a higher and faster rate than the statewide average. In made available; in the year 1999 there was a $200 million fact, Mr. President, in tenns ofhow things are run in the school surplus, and $IS million was made available. Well, Mr. district of Philadelphia, that the great Standard & Poor's, that President, the rest ofthe story about the period oftime from 1996 great Wall Street entity that everybody wants to tum to for some through 1999, or through the year 2000, which would encompass level of objective analysis, that even Standard & Poor's 5 years if you go to the year 2000, is that this great management ratings for the Philadelphia School District said that Commonwealth ofours had a surplus during that same period of the school district ofPhiladelphia is at the top, not at the bottom, time well in excess of$2.5 billion. And how much money was in terms ofhow it manages and runs its school district compared made available to properly fund the educational needs of our to other big city school districts around the country. children ofthe people ofPennsylvania? But you understand also, and do the Members understand in a very real sense, because we throw around dollars and cents 2001 LEGISLATIVE JOURNAL - SENATE 1019 rather readily, rather easily, Mr. President, but let us make it real Street and what has happened in the last couple years, and all of plain here, that in the 45 suburban school districts surrounding this with the intent ofimproving the outcome ofthe perfonnance the school district ofPhiladelphia, that per classroom, an extra ofthe children of that school district. There are more charter $70,000 is spent on average per classroom than what is spent in schools in Philadelphia, in the Philadelphia School District, than the school district ofPhiladelphia? That is right, Mr. President, all the other school districts around the Commonwealth of that is right, an extra $70,000 for the life ofthat student in that Pennsylvania collectively put together. But that is a philosophy classroom goes into that classroom compared to what happens in put down by Governor Ridge. John Street has said let us make it, the school district ofPhiladelphia. No wonder, no wonder they let us see ifwe can make it happen, even at the fiscal detriment perform better in suburban areas, because they get more money, ofpublic education in the city ofPhiladelphia. We lose money, because they have more money. the school district of Philadelphia loses money every time Our own Governor said in his farewell address, in his farewell another charter school is put in place, and we lose a lot ofmoney. address to the Commonwealth, we were all gathered in the House We do not lose a little bit ofmoney, we lose hundreds ofmillions of Representatives, that great Chamber, the House of of dollars every time a new charter school is put in place, Representatives, the Governor said in his farewell address that because we have to, because we have worked in a bipartisan more money will be needed He admitted right there in full view fashion, because we have worked with the Governor, both ofthe rest ofthe COWltry, because his comments were covered by governors, intenns oftrying to put significant changes in place. CNN, so probably the rest ofthe world, that more money was It abolishes the cluster system. Everybody said the cluster system needed. was top heavy, abolish that. Second point, Mr. President. The gentleman spoke earlier and There has been no mayor who has worked in concert more quoted the funding figures of4 or 5 years under Mayor Rendell, with both Republican governors than Mayor Street, and what when Ed Rendell was the mayor ofthe city ofPhiladelphia, and does he get for it? There was a process agreed to by the previous how money was not being diverted. Budget surpluses and X Governor and signed onto by this Governor, and that is why I ask amount ofdollars were being spent. But Mayor Rendell is not the for a negative vote, Mr. President. There was a process agreed to, mayor ofthe city of Philadelphia anymore. John Street is the a $2.7 million contract with sole source to the Edison mayor ofthe city ofPhiladelphia, and there has been no mayor Corporation to do an analysis ofthe Philadelphia School District, in the history of the city who has done more work to try to $2.7 million to be spent in 60 to 75 days. That is a whole lot of achieve significant differences than Mayor Street. And folks say money being spent in a short amount oftime. But be that as it they want to work in a bipartisan fashion. Mayor Street has may, a $2.7 million contract with sole source to this corporation worked more with Republicans, with Republicans who are in to provide an analysis ofwhat needed to be done in the school leadership, who are in control of this body, this General, district. As a result ofthat report, whenever we get it, and we are Assembly, and this Governor, both governors, than anyone in the supposed to get it in a few days, at that point there would be a history, and right now his legs are being chopped out from under negotiation between the school district and the Governor about him because there is a violation ofthe process. what the collective plan would be. John Street has done more to make effective changes. He Now, we have not received that information yet, or at least not appointed a whole new school board, Mr. President. A whole on this side. Maybe the Majority side has that information. But new school board was appointed, and it has direct accountability what we do know is that document has not been released to the to the mayor. Most mayors have no interest in having that kind public yet about what is going on and what should be done and ofaccountability. He seized that. He changed the management what the analysis should be all about. But even without that structure ofthe school district, appointed a CEO and a CAO, a information being made public, this General Assembly, this chief academic officer, because he knew that with the changes Governor, has decided to violate the process and put in place a that needed to be made, he had to have someone in charge ofthe substantive change in how things are going to work. Not wait for economics in the budgeting process and the business affairs of the information to come back, not have a negotiation and a the school district. He put that in place. He negotiated an entirely dialogue between both bodies, which has an end point, Mr. new contract with the Philadelphia Federation of Teachers. President, a finite date ofwhen it will end, not wait for all ofthat Ninety more hours a year per teacher are going into the to occur, but to make that happen now, just to totally subvert classroom. More cuts, benefits, and increases based on what was negotiated, what was agreed to, what was signed onto performance. All ofthat happening, all ofthat happening as a by all ofthe relevant parties, violates that process. result ofhis leadership. A new safety officer, and in all ofthis he So you have a situation, Mr. President, where you have the supported every initiative that Governor Ridge asked for. From cart kind of pulling the horse, where you set up the end game the Empowerment Act to charter schools, to every initiative that with the passage ofthis bill, and then now we have to figure out is put in place, he supported. He has not put the blinders on what how we react, how we negotiate a plan around that. Now is that needs to be done in terms ofreforming public education in the bipartisan? Is that working together? Is that everybody on the city of Philadelphia. He has adopted every initiative. The same page trying to work together for the betterment of the Empowerment Act, charter schools, everything that has been put children of the Philadelphia School District? Or is that just on the table, he said let us move toward. Let us see what we can wielding the almighty power ofthe Majority, with total disregard do and make it happen. to the intent that was laid down over 45 days ago? This violates This is not a conversation about Mayor Ed Rendell and the the process, Mr. President, and it violates the integrity of numbers that existed there. This is a conversation about Mayor everybody who signed onto that process. It violates the integrity 1020 LEGISLATIVE JOURNAL - SENATE OCTOBER 23, ofthe previous Governor, it violates the integrity ofthe sitting that, and I have to be honest with you, I am using 250, easy math, Governor, and it violates the integrity ofthe sitting mayor ofthe because 258, 262, I do not know, I will say 250. That means they city ofPhiladelphia who has worked more hand-in-hand with the have about 4.3 secretaries per school building. I will bet you Majority in terms of trying to get things done than anyone in every one of our school districts would like to have 4.3 history. We are prepared to put up more money. He is prepared secretaries and clerical staffin each one oftheir school buildings. to put up more money, but it has got to be in the context ofan This is a choice we have to make in our school districts. Do I agreement that makes sense for everybody, in a city that is have four, do I have one, do I share one? We have to go through severely fmancially strapped. Ifyou think the State is having a that regularly. They spend more for school secretaries and school hard time budget wise, understand what the city may be operations than they do for principals. confronting right about now. The next category is nonteaching assistants, $22.2 million. So that is why I ask for opposition to this. The mayor did not What are we spending $22.2 million in nonteaching assistance say that he would not agree to Edison being a part ofthis. He for? wanted us to all sit down collectively and figure out what the And I go along to the other categories, because that is the kind plan was going to be, and you guys said that that would be fine. ofthing that has to be asked when you do the budget, and that is You guys said that would be okay, and then after you said that, what I am looking for a school reform commission to do, ask you changed your mind. It is a violation of the process, a about these numbers and begin to make sense ofthese programs. violation of the agreement, a violation of the spirit of And let me add to this too, you see, my local school board then understanding how we can develop working together, which is has to make up, whether that is in the northeast or the southeast what I think I heard other people say on this floor, working or the southwest or the northwest, in each one ofthe other 500 together is how we find out what is best and what is going to districts they either decide, I have to cut or I have to raise taxes. work the best for the school district ofPhiladelphia and for the The difference is when I look at this, and I am going around 212,000 children who are doing their best to get an education because I am looking to do some distribution in a new way of there. formula, when I look at real estate taxes across the I ask for a negative vote, Mr. President. I ask for a negative Commonwealth of Pennsylvania, 70 percent of school taxes vote. come from real estate. That is the average across the Thank you very much. Commonwealth ofPennsylvania. In the city ofPhiladelphia, it is The PRESIDENT. The Chair recognizes the gentleman from 53 percent. Those are not my numbers, those are the revenues, Schuylkill, Senator Rhoades. that is what has been put together. We have to raise our taxes up Senator RHOADES. Mr. President, I have to rise one more to 70 percent to pay, Philadelphia pays 53 percent. Yet, we hear time just from the standpoint ofaddressing what someone said, the surplus that is here, and none ofthat money is being put back that it is going to cost more money. It is costing me money now, into the school district. almost over a billion dollars, and I am not getting any results. To me, the school reform commission has the responsibility What you are seeing and what you are talking about tonight is the to go through this budget to make sure that every dollar is being same thing that 500 other school districts across the spent the way it should be, that it is going into the classroom to Commonwealth ofPennsylvania go through every spring ofthe get the academic results that we want, and that Philadelphia is year when they have to put their budgets together. They have to paying its fair share, and 10 be ifthey need more funding, just as take a look and see, they have two choices: either they begin to I need more funding, I will be glad to sit down and work on it, cut, or they decide that they have to raise taxes. Well, that is the but get your house in order before you come asking me for more choice we have, and that is what we do to fund our programs. dollars. I looked at Philadelphia's budget, school district of Thank you, Mr. President. Philadelphia, financial update, February 2001. They spend for teachers and teachers' assistants approximately $710,000 million LEGISLATNE LEAVE out ofa billion dollar budget. I have to tell you, that 71 percent, The PRESIDENT. The Chair recognizes the gentleman from that is not really a bad percentage overall when we compare. Lackawanna, Senator Mellow. When we look at counselors and librarians, and that is the Senator MELLOW. Mr. President, I request a temporal)' second in their category in the amount of money, they have Capitol leave for Senator Fumo. budgeted $36.9 million. For counselors and librarians, $36.9 The PRESIDENT. Senator Mellow requests a temporary million? Capitol leave for Senator Fumo. Without objection, that leave is For books, materials, and instructional equipment, that is third granted. in the category, $32.3 million. Then why do I hear stories about textbooks not being delivered, ofpaper not being available? LEAVES OF ABSENCE In the fourth category, for school secretaries and school Senator MELLOW asked and obtained leaves ofabsence for operations officers, $26.9 million. So I went back to the front and Senator O'PAKE and Senator MUSTO, for today's Session, for I looked where the personnel was, and there is two sections, personal reasons. nonschool-based staff and school-based staff. When I added that together between both of them, for secretary and clerical And the question recurring, positions, there are 1,078 positions in the Philadelphia School Will the Senate agree to the motion? District for secretaries and clerical staff. When I divide 250 into 2001 LEGISLATIVE JOURNAL - SENATE 1021

The yeas and nays were required by Senator BRIGHTBILL Ordered, That the Secretary ofthe Senate return said bill to and were as follows, viz: the House ofRepresentatives with information that the Senate has passed the same with amendments in which concurrence of YEA-29 the House is requested. Armstrong Greenleaf Orie Waugh Brightbill Helfrick Piccola Wenger CONSIDERATION OF CALENDAR RESUMED Conti Holl Punt White, Donald Corman Jubelirer Rhoades White, Mary Jo SB 1109 CALLED UP Dent Lemmond Robbins Williams Earll Madigan Scarnati Erickson Mowery Thompson SB 1109 (pr. No. 1389) - Without objection, the bill, which Gerlach Murphy Tomlinson previously went over in its order temporarily, was called up, from page 2 of the Third Consideration Calendar, by Senator NAY-I 7 BRIGHTBILL. Bodack Kasunic Mellow Wagner Boscola Kitchen Schwartz Wozniak BILL AMENDED Costa Kukovich Stack Furno LaValle Stout SB 1109 (pr. No. 1389) - The Senate proceeded to Hughes Logan Tartaglione consideration ofthe bill, entitled:

A constitutional majority of all the Senators having voted An Act amending Title 18 (Crimes and Offenses) of the "aye," the question was detennined in the affmnative. Pennsylvania Consolidated Statutes, further providing for terroristic Ordered, That the Secretary ofthe Senate infonn the House of threats, for bomb threats, for false alarms to agencies ofpublic safety Representatives accordingly. and for harassment and stalking by communication. SPECIAL ORDER OF BUSINESS And the question recurring, SUPPLEMENTAL CALENDAR No.1 Will the Senate agree to amendment No. A3765? BILL ON THIRD CONSIDERATION AMENDMENT A3765 WITHDRAWN AND FINAL PASSAGE The PRESIDENT. The Chair recognizes the gentleman from HB 1603 (pr. No. 2743) - The Senate proceeded to Allegheny, Senator Murphy. consideration ofthe bill, entitled: Senator MURPHY, Mr. President, I would like to withdraw amendment No. A3765. An Act amending Title 18 (Crimes and Offenses) of the The PRESIDENT. The amendment is withdrawn. Pennsylvania Consolidated Statutes, providing for unlawful carrying of paintball guns and markers in vehicle on a highway. And the question recurring, Will the Senate agree to the bill on third consideration as Considered the third time and agreed to, amended? And the amendments made thereto having been printed as Senator MURPHY offered the following amendment No. required by the Constitution, A3808: On the question, Amend Title, page I, line 2, by inserting after "for": the offenses of Shall the bill pass finally? Amend Title, page I, line 5, by removing the period after "communication" and inserting: ; and providing for the offense of delivery offacsimile nuclear, biological or chemical agent. The yeas and nays were taken agreeably to the provisions of Amend Bill, page 4, by inserting between lines 1 and 2: the Constitution and were as follows, viz: Section 2. Title 18 is amended by adding a section to read: § 5518. Delivery offacsimile nuclear. biological or chemical agent. YEA-46 (a) Offense defined.-A person commits an offense ifthe person intentionally delivers or causes to be delivered a facsimile nuclear. Armstrong Greenleaf Mellow Tartaglione biological or chemical agent: Bodack Helfrick Mowery Thompson (1) with the intent to threaten. terrify. intimidate or harass an Boscola Holl Murphy Tomlinson individual: Brightbill Hughes Orie Wagner (2) with the intent to cause evacuation ofa building. place of Conti Jubelirer Piccola Waugh assembly or facility ofpublic transportation: or Corman Kasunic Punt Wenger (3) with the intent to cause serious public inconvenience. Costa Kitchen Rhoades White, Donald (b) Exceptions.-The provisions ofthis section shall not apply to Robbins White, Mary Jo Dent Kukovich research. medical or veterinarian services. including immunizations. Earll LaValle Scamati Williams vaccinations or other treatments administered during the nonnal scope Erickson Lemmond Schwartz Wozniak Furno Logan Stack ofpractice. Gerlach Madigan Stout (c) Grading.-An offense under subsection (a) constitutes a felony ofthe third degree. NAY-O (d) Restitution.-A person convicted ofviolating this section shall. in addition to any other sentence imposed. be sentenced to pay A constitutional majority of all the Senators having voted restitution in an amount equal to the cost ofany evacuation. including. "aye," the question was detennined in the affmnative. but not limited to. the cost offire. police or ambulance response and the 1022 LEGISLATIVE JOURNAL - SENATE OCTOBER 23, transportation ofstafffrom the building. place ofassembly or facility. here to America in an unprecedented scale. On the evening of (e) Definitions.-As used in this section. the following words and that dark day, people were calling in a series ofbomb threats phrases shall have the meanings given to them in this subsection: "Biological agent." A natural pathogen. toxin. virus. bacteria. involving buildings in Pittsburgh. To their credit, the Allegheny prion. fungus or genetically engineered pathogen. toxin. virus. bacteria. County detectives quickly charged two men for making prion or fungus which causes infectious disease or bodily harm. terroristic threats and harassment by communication in "Chemical agent." Any ofthe following: connection with those threats. But there were other threats (n Nerve agent. including. but not limited to. Tabun (GA). Sarin (GBl. Soman (GD>. GF and VX. around the Commonwealth as well. Unfortunately, in this case, (2) Choking agent. including. but not limited to. Phosgene our State statutes currently provide for those individuals to be (CQ) and Diphosgene (DP). charged with misdemeanors. At a time when we are consumed (3) Blood agent. including. but not limited to. Hydrogen with a sense of grief, a heightened sense of fear, shock, and Cyanide (AC), Cyanogen Chloride (CK) and Arsine (SA). anger, anyone who would prey on those feelings, for whatever (4) Blister agent. including. but not limited to. mustard (H, HD (sulfur mustard». HN-l. HN-2. HN-3 (nitrogen mustard). reason, should face a more serious legal penalty. These actions arsenical. such as Lewisite (L). urticant. such as CX: and are deplorable at any time, but they are even more heinous when incapacitating agent. such as BZ. they increase what is already a high level of anxiety. These "Facsimile nuclear. biological or chemical agent." A device or substance which resembles in appearance and external qualities a crimes should be felonies, and Senate Bill No. 1109 would make nuclear. biological or chemical agent but does not have the capability it so. to cause death or bodily harm. In the weeks since September 11 and since Senate Bill No. ''Nuclear agent." Radioactive material. 1109 was introduced, however, a new threat has arisen with the Amend Sec. 2, page 4, line 2, by striking out "2" and inserting: 3 discovery ofthe anthrax virus, and it soon became apparent that we needed to update our State statutes to address these other On the question, . hoaxes. Hopefully, we will not see real anthrax cases develop in Will the Senate agree to the amendment? Pennsylvania, but even so, we are not immune from the fear that It was agreed to. this virus has caused. That fear can be played upon too easily by Without objection, the bill, as amended, was passed over in its malicious individuals. Earlier this month a powdery substance on order at the request ofSenator BRIGHTBILL. a letter forced the evacuation of 100 people from a YMCA in SPECIAL ORDER OF BUSINESS greater Pittsburgh. Downtown closed the streets in the heart of SUPPLEMENTAL CALENDAR No.2 the city. A few days ago calls were made to other parts ofthe city, including the University ofPittsburgh, where these hoaxes BILL ON THIRD CONSIDERATION were also perpetrated. Mr. President, these are not harmless AND FINAL PASSAGE trick-or-treat pranks. These threats divert resources away from where they are truly needed, which could have dire consequences SB 1109 (pr. No. 1471) -- The Senate proceeded to in pain and suffering. We need stiff penalties to reflect the consideration ofthe bill, entitled: seriousness ofthese actions, especially during times ofcrisis, and that does not even include the costs that come with these threats. An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offenses It can cost about $1,000 just to send a ha2mat team to respond to ofterroristic threats, for bomb threats, for false alarms to agencies of a threat. There are also the costs ofdispatching police, fire, and public safety, for false reports to law enforcement authorities and for ambulance crews to scenes. In addition, these threats increase the harassment and stalking by communication; and providing for the chances for accidents and injuries to emergency workers offense ofdelivery offacsimile nuclear, biological or chemical agent. hurriedly heading to the site. And let us not forget there are Considered the third time and agreed to, increased risks ofinjury for those people evacuating the scene. And the amendments made thereto having been printed as For example, those with serious medical conditions have the required by the Constitution, additional stress caused by evacuating from tall buildings. With that in mind, I have been working closely with Attorney On the question, General Mike Fisher to expand Senate Bill No. 1109 to include Shall the bill pass fmally? cases ofnuclear, biological, or chemical hoaxes. Senate Bill No. The PRESIDENT. The Chair recognizes the gentleman from 1109 now creates a new section of Title 18 to address the Allegheny, Senator Murphy. delivery offacsimile nuclear, biological, or chemical agents. It Senator MURPHY: Mr. President, I want to make some brief makes the crime a third-degree felony, which carries a penalty of comments to my colleagues. Mr. President, this bill really deals up to 7 years in prison. Senate Bill No. 1109 also allows courts with the more serious events we have had lately dealing with to impose restitution to cover the cost of any evacuation, bomb threats and terrorism in Pennsylvania. This bill, Senate Bill including the personal cost for the emergency responders and the No. 1109, will stiffen the penalties for those who have called in transportation ofthose displaced by the threat. bomb threats during times of emergency, and it creates a new Mr. President, it is truly unfortunate that we need this bill in section in Title 18 to address biological, nuclear, and bomb this time of crisis for our nation, but this bill is needed. hoaxes. Therefore, I ask my colleagues for an affinnative vote on Senate September 11, 2001, will undoubtedly go down as the darkest Bill No. 1109. day in American history. As a people, we watched in horror as Thank you, Mr. President. the unthinkable became reality. We watched as terrorism came 2001 LEGISLATIVE JOURNAL - SENATE 1023

And the question recuning, Charlie Hieland, Philip Gray, Michael Coolbaugh and to Holland Shall the bill pass finally? Elementary School by Senator Conti. Congratulations ofthe Senate were extended to Mr. and Mrs. The yeas and nays were taken agreeably to the provisions of Robert E. Hoffinan, Thomas G. Mills, Dr. Martha Lewis Starling, the Constitution and were as follows, viz: Kyle Christian Coder, Gregory Scott Kerstetter, the ReliefFund Club and to Buchanan Elementary School of Lewistown by YEA-46 Senator Corman. Congratulations ofthe Senate were extended to Mr. and Mrs. Annstrong Greenleaf Mellow Tartaglione Leon Sterner, Mr. and Mrs. Maurice Moore, Ralph W. Seaton, Bodack Helfrick Mowery Thompson Luis Ramos, Elmer Gates, Bert Daday, Edward Donley and to Boscola Holl Murphy Tomlinson Brightbill Hughes Orie Wagner the Lehigh Valley Hospital and Health Network by Senator Dent Conti Jubelirer Piccola Waugh Congratulations ofthe Senate were extended to John William Connan Kasunic Punt Wenger Stanton by Senator Earll. Costa Kitchen Rhoades White. Donald Dent Kukovich Robbins White. Mary Jo Congratulations ofthe Senate were extended to Mr. and Mrs. Earll laValle Scarnati Williams John E. Ramsey and to Victor Fierras by Senator Erickson. Erickson Lemmond Schwartz Wozniak Congratulations ofthe Senate were extended to Barbara A. Furno Logan Stack Gerlach Madigan Stout and John A. Dawkins III and to Joseph Vento by Senator Furno. Congratulations of the Senate were extended to David NAY-O McCarney, Andrew McCreight, Brad Cisar, Linda S. Bauer and to Ruby M. Witman by Senator Gerlach. A constitutional majority of all the Senators 'having voted Congratulations ofthe Senate were extended to Mr. and Mrs. "aye," the question was determined in the affirmative. Richard Jorett, Mr. and Mrs. Paul Potestio, Kevin N. Kline, Ordered, That the Secretary ofthe Senate present said bill to Francis G. Vitetta, Scott Henley, McKinley Memorial Baptist the House ofRepresentatives for concurrence. Church of Willow Grove, Pennypack Elementary School of Hatboro and to Cpl. William A. Sydnor Auxiliary to Post No. UNFINISHED BUSINESS 3398, Veterans ofForeign Wars ofthe United States, ofWillow CONGRATULATORY RESOLUTIONS Grove, by Senator Greenleaf. Congratulations ofthe Senate were extended to the Honorable The PRESIDENT laid before the Senate the following Richard A. Tilghman by Senator Greenleafand others. resolutions, which were read, considered, and adopted by voice Congratulations ofthe Senate were extended to Mr. and Mrs. vote: James Erdman, Mr. and Mrs. Frank Ososkie, Dr. Charles Andrew Congratulations ofthe Senate were extended to Mr. and Mrs. Laubach, Jr., Mountainside Assembly of God and to the Harold Groff, Mr. and Mrs. Al Ranzinger, Mr. and Mrs. Dick Giuseppe Garibaldi Mutual Beneficiary Society ofBerwick by Nolan, Nathan Bryan Carr and to Bong Pil Yang by Senator Senator Helfrick. Armstrong. Congratulations ofthe Senate were extended to Francis D. Congratulations ofthe Senate were extended to Andrew Paul Higgins, Philip A. Mandato, Henry M. Homing, Andrew L. Kauffinan and to the Delaware County Times of Primos by Struthers and to Jane Middleton Langan by Senator Holl. Senator Bell. Congratulations of the Senate were extended to Bishop Congratulations of the Senate were extended to the Leonard C. Willis, Jeannette Hudson-Copeland and to Saint Community Human Services Corporation of Pittsburgh by Ignatius Nursing Home ofPhiladelphia by Senator Hughes. Senator Bodack. Congratulations ofthe Senate were extended to Mr. and Mrs. Congratulations of the Senate were extended to Christina Gerald Treece, Janet C. Parson, Matilda Cartwright, the Sgarlata, Jacqueline Horvath, Andrea S. Jiode, Angelika Reverend Vance Clark, Bedford Rotary Club, Bedford County Andrews, Jared Michael Morgenstern, Marilyn B. Achey, Judith Employer Advisory Council, UPMC Bedford Memorial and to Barnes Claps, Ruth B. Blood, Darren Nierer and to Big K-Mart Wal-Mart Store No. 1684 ofEverett by Senator Jubelirer. ofWalnutport by Senator Boscola. Congratulations of the Senate were extended to J. Gabriel Congratulations of the Senate were extended to Matilda Clapper by Senator Kasunic. Mitman, Cindy Orr, Tracy Weaver, Yocco's Hot Dog King of Congratulations ofthe Senate were extended to Fred Japhers Allentown and to Liberty Resources ofAllentown by Senators Johnson and to the Reverend William H. Gray III by Senator Boscola and Dent. Kitchen. Congratulations ofthe Senate were extended to Scott Bechtel Congratulations ofthe Senate were extended to Mr. and Mrs. by Senators Boscola and Gerlach. Wilbur Bussard, William K. Hafer and to the McKenna Senior Congratulations ofthe Senate were extended to Mr. and Mrs. Community Center ofGreensburg by Senator Kukovich. William Mish, the Honorable Roy C. Del Rosario, Ralph Brown, Congratulations ofthe Senate were extended to Anthony J. Jr., and to BEHR Process Corporation ofAllentown by Senator Drakos and to the Providence Baptist Church ofEllwood City by Brightbill. Senator LaValle. Congratulations ofthe Senate were extended to Kyle Aaron Congratulations ofthe Senate were extended to Mr. and Mrs. Hill, Maggie Leigh Groff, John R. Stott, Ronald W. PfoTter, Leon Williams, Mr. and Mrs. John Poltanis, Mr. and Mrs. Paul 1024 LEGISLATIVE JOURNAL - SENATE OCTOBER 23,

M. Finan, Mr. and Mrs. Edward Dula, Edmund H. Poggi, Jr., Hills High School of Pittsburgh, Hampton High School of Robert Hines, David Robert Glicini, James R. Wolfe, Brian Gibsonia, Valley High School ofNew Kensington, Shaler Area Patrick Bertolini, Lena Ribolini, Sanford J. Ungar, Sallyanne F. Intennediate School ofGlenshaw, AstenJohnson ofWarrendale, Rosenn, Harold Rosenn, Elaine M. Andusko, Penn State Wilkes­ Northern Allegheny County Chamber of Commerce, Pine­ Barre and to the Nicholson Women's Club by Senator Lemmond. Richland High School of Gibsonia, Shaler High School of Congratulations of the Senate were extended to Ralph E. Glenshaw, Seneca Valley High School ofHarmony, Allegheny Strunk, Jr., by Senators Lemmond and Boscola. Valley Chamber of Commerce and to Cranberry Chamber of Congratulations of the Senate were extended to John M. Commerce by Senator Orie. Martin by Senators Lemmond and Mellow. Congratulations ofthe Senate were extended to Mr. and Mrs. Congratulations ofthe Senate were extended to John Walko, Paul Pellegrini, Frank J. Breiner, Deanna Esterline, Stanley Irma Jean Bilak JUlY, Steel Valley O.I.C., Incorporated, of Sykes, Monsignor Leo N. Bierster, Grace United Methodist McKeesport, Family Health Council, Incorporated, ofPittsburgh, Church of Hummelstown and to the Steelton-Highspire High and to the Gateway Senior High School Girls' Soccer Team of School Class of1971 by Senator Piccola. Monroeville by Senator Logan. Congratulations of the Senate were extended to Harold E. Congratulations ofthe Senate were extended to Mr. and Mrs. Balsiger by Senator Punt. Donald V. Crossley, Mr. and Mrs. John R. Shaible, Mr. and Mrs. Congratulations ofthe Senate were extended to Blake Bonser, John E. Young, Sr., Mr. and Mrs. Joseph Lewis Engle, Mr. and Steve Cotler, Air Products and Chemicals, Incorporated, of Mrs. Harold D. Houseknecht, Mr. and Mrs. Duane A. Brickley, Tamaqua, by Senator Rhoades. Mr. and Mrs. George Heusle, Mr. and Mrs. Fred McCarty, Jr., Congratulations of the Senate were extended to Denise Mr. and Mrs. Jack A. Reigle, Mr. and Mrs. Hugh E. McGee, Mr. Manhart, Robert Moses, Daisy Gallagher and to Robert Howes, and Mrs. Harold Jenkins, Mr. and Mrs. Scott T. Robinholt, Sr., Jr., by Senators Rhoades and Boscola. Mr. and Mrs. Joseph F. Eiswerth, Mr. and Mrs. Dale B. Cupp, Congratulations ofthe Senate were extended to Edward and Sr., Chuck Carver, Bill Messersmith, Sara Lynn Jennings, Bruno Mary Driebe by Senators Rhoades, Boscola, and Fumo. Najaka, Harvey Vough, Robert Woodhead, Williamsport Sun­ Congratulations ofthe Senate were extended to Daniel Ely Gazette and to the Sullivan County Conservation District by Levin, Elliot Michael Dale, Shawn Michael Ryckman, the Senator Madigan. Honorable Robert T. Price, Samuel Brown, Victor Anson Congratulations ofthe Senate were extended to Mr. and Mrs. Palazzo, FORTA Corporation of Grove City and to Reynolds Gabriel Giordano, Josephine Margaret Mazzarella Cerza, Francis Services, Inc., ofGreenville, by Senator Robbins. Brieden, Joseph Kluck, Seymour Brotman, John W. Derenick, Congratulations ofthe Senate were extended to Dr. Charles Family Service ofLackawanna County and to the South African MacKenzie, Thomas McIntosh, Robert Currin, Peter Landrio, Democratic Teachers' Union by Senator Mellow. Harriet Olive Faust, Evelyn Stewart, Black Forest Conservation Congratulations of the Senate were extended to Caitlin L. Association of Coudersport, Coolridge Farms of Coudersport, Gallagher, Stan P. Maingi, John D. Witmer, Jr., Colleen L. Harrison Township Supervisors and to the Warren Jaycees by Nophsker, Ryan Baum, U. S. Army War College ofCarlisle and Senator Scamati. to Wood Food Service ofShippensburg by Senator Mowery. Congratulations of the Senate were extended to William Congratulations of the Senate were extended to Mary K. McMonagle, Willard G. Rouse III, Lighthouse Soccer Club of Holleran, Ann Layton, Daniel Joseph Wanninger, Brookside Philadelphia and to the Pennsylvania Air National Guard's IIIth Lumber and Supply Company of Bethel Park, Lincoln Fighter Wing by Senator Stack. Elementary School ofPittsburgh and to the Bethel Presbyterian Congratulations ofthe Senate were extended to Mr. and Mrs. Church by Senator Murphy. James C. Magnetta, Mr. and Mrs. Herman Falascino, Mr. and Congratulations of the Senate were extended to Dr. A. G. Mrs. Walter Chwala, Mr. and Mrs. David A. Clayton, Sr., Mr. Danishanko, Joseph A. Frank, Jenkins Township Volunteer Fire and Mrs. Marion N. Rodgers, Mr. and Mrs. Harry W. Linville, Department of Pittston and to the Wilkes-Barre Chapter of Mr. and Mrs. Russell Cowden, Mr. and Mrs. Donald F. Tennant, UNICO National by Senator Musto. Mr. and Mrs. Donald H. Morris, Mr. and Mrs. James L. Harris, Congratulations ofthe Senate were extended to Albert and Mr. and Mrs. Philip J. Agostinelli, Sr., Mr. and Mrs. Eugene C. Margaret Gombar, Tony Jones, Dr. Thomas B. Souders, Zion Iddings, Audrey Greenlee, John Cupper, Bertha Cupp DeHaven, Union Church ofMaxatawney and to Cumru Elementary School Inez Warth, Patricia A. Caruso and to Louise Fioroni by Senator ofShillington by Senator O'Pake. Stout. Congratulations ofthe Senate were extended to Mr. and Mrs. Congratulations ofthe Senate were extended to Shawn Lutz, Joseph Bordonaro, Mr. and Mrs. Andy Pohan, Mr. and Mrs. Paul Milton L. Michener, Jason E. Buck, Brian Kelly, William Gray, F. Wallace, Mr. and Mrs. Richard Frederick Wagner, Jr., Mr. and Daniel Kilcullen, Alan Kennedy, the Honorable Clifford E. Mrs. Fred J. Mazur, Sr., zachary Adam Com, Dr. Mary Ann DeBaptiste, Priscilla Kettelle Fosnocht, John W. Beatty, Grant Smialek, Dorothy Riesmeyer, Mary Phillips, Lymen Suiter, Zubritsky, The Hickman of West Chester and to the Spirit of Joseph Jendrzejewski, Highland Volunteer Fire Company of Liberty Symposium by Senator Thompson. Pittsburgh, Ingomar Volunteer Fire Company No.2, North Congratulations ofthe Senate were extended to the Pennsbury Allegheny High School ofPittsburgh, Mars High School, Deer Scholarship Foundation and to the citizens ofthe community of Lakes High School of Russelton, Highlands High School of Levittown by Senator Tomlinson. Natrona Heights, Springdale High School of Cheswick, North 2001 LEGISLATIVE JOURNAL - SENATE 1025

Congratulations ofthe Senate were extended to the Keystone And said bills having been considered for the fIrst time, State Fire Chiefs Association by Senators Tomlinson and Conti. Ordered, To be printed on the Calendar for second consider­ Congratulations ofthe Senate were extended to William L. ation. Gray, Suzie McConnell Serio and to the Kiwanis Club of Coraopolis by Senator Wagner. RECESS Congratulations ofthe Senate were extended to David Ronald The PRESIDENT. The Chair recognizes the gentleman from Andrew McElwee, Joanne Borders, Red Lion Lions Club and to Lebanon, Senator Brightbill. the Brogue Lions Club by Senator Waugh. Senator BRIGHTBll..L. Mr. President, at this time I move that Congratulations ofthe Senate were extended to Mr. and Mrs. we recess to the call ofthe Chair. Louis Kopcyzk, Mr. and Mrs. Thomas Kiral, Mr. and Mrs. The PRESIDENT. Senator Brightbill moves that we recess to Raphael Nonn, the Honorable John Hallman, Bernard McQuown, the call ofthe Chair. James McQuown, Helen J. Clark, Blairsville Community Band and to the Steffy Chapel United Methodist Church ofRossiter by On the question, Senator D. White. Will the Senate agree to the motion? Congratulations ofthe Senate were extended to Mr. and Mrs. A voice vote having been taken, the question was determined Donald Over by Senator M. J. White. in the affirmative. Congratulations ofthe Senate were extended to Richard Cuny The PRESIDENT. Without objection, the Senate is in recess by Senators M. J. White and Orie. to the call ofthe Chair. Congratulations of the Senate were extended to Crystal Bradley, Carmen Rodriquez, Dawn Peterson, Cheryle Lee, AFTER RECESS Terence M. O'Sullivan, Alan D. Lewis, Carl E. Singley, Martha L. Washington and to James W. Thomas by Senator Williams. The PRESIDENT. The time of recess having expired, the Congratulations ofthe Senate were extended to Mr. and Mrs. Senate will come to order. Joseph W. Miller, Mr. and Mrs. Lawrence Rucosky, Mr. and HOUSE MESSAGE Mrs. Frank Bobak, Mr. and Mrs. Martin Mandel, Sr., Mr. and Mrs. Griffith Spaid, Mr. and Mrs. Michael Luongo, Mr. and Mrs. HOUSE CONCURS IN SENATE AMENDMENTS Albert Wallace, Mr. and Mrs. Russell Berkey, Mr. and Mrs. John TO HOUSE AMENDMENTS TO SENATE BILL Delic, Matthew Lebda and to Pansy Lehman by Senator Womiak. The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the CONDOLENCE RESOLUTIONS Senate to House amendments to SB 640. The PRESIDENT laid before the Senate the following BILL SIGNED resolutions, which were read, considered, and adopted by voice vote: The PRESIDENT (Lieutenant Governor Robert C. Jubelirer) Condolences ofthe Senate were extended to the family ofthe in the presence ofthe Senate signed the following bill: late Millard Calvin Ludwig by Senator Helfrick. Condolences ofthe Senate were extended to the family ofthe SB640. late Sadie Elizabeth Tankard Smith, to the family of the late Gwendolyn Watson and to the family ofthe late Edward Lee ADJOURNMENT Hooks by Senator Hughes. The PRESIDENT. The Chair recognizes the gentleman from Condolences ofthe Senate were extended to the family ofthe Lebanon, Senator Brightbill. late James Ross DeLarre by Senator laValle. Senator BRIGHTBll..L. Mr. President, at this time I move that Condolences ofthe Senate were extended to the family ofthe the Senate do now adjourn until Tuesday, November 13,2001, . late Michael Phillip Seaman by Senator Orie. at 1 p.m., Eastern Standard Time. Condolences ofthe Senate were extended to the family ofthe The motion was agreed to. late Frank N. Dashoffby Senator Stack. The Senate adjourned at 10:18 p.m., Eastern Daylight Saving BILLS ON FIRST CONSIDERATION Time. Senator EARLL. Mr. President, I move that the Senate do now proceed to consideration ofall bills reported from commit­ tees for the fIrst time at today's Session. The motion was agreed to. The bills were as follows:

SB 336, SB 461, SB 462, SB 587, SB 804, SB 978, SB 1007, SB 1011, SB 1012, SB 1013, HB 17, and HB 497.