COMMONWEALTH OF iii jzLafi1ie J nurrnd

TUESDAY, JANUARY 6, 2009

SESSION OF 2009 193RD OF THE GENERAL ASSEMBLY No. I

SENATE sion, and their wills with Your courage. May they work here in a spirit of mutual respect and cooperation as they dedicate them- TUESDAY, January 6, 2009 selves to the common good. Help them to avoid any sense of The PRESIDING OFFICER. This is the constitutional day division that can easily become an obstacle to addressing the and hour for the convening of the 193rd Regular Session of the serious challenges and opportunities that are before us. Pennsylvania General Assembly. Above all, Almighty God, You who are the source of all life and goodness, help these, our elected leaders, as well as each of The PRESIDING OFFICER (Senator John C. Rafferty, Jr.) us as citizens, to give the very best of our time and talent each called the Senate to order at 12 m., Eastern Standard Time. day to the protection and the enrichment of the lives of every citizen of this Commonwealth that we call home. May all the STATEMENT BY THE PRESIDING OFFICER good resolved in each of our hearts in this opening moment be brought to completion according to Your holy will. We ask this The PRESIDING OFFICER. Good afternoon, ladies and gen- through Christ, our Lord. Amen. tlemen, and welcome to the special day of the Senate of Pennsyl- vania where we have the opportunity to witness the oath of office The PRESIDING OFFICER. The Chair thanks Monsignor being administered to our Senators-elect--some new faces are Kaza, who is the guest today and pastor of our President pro joining us this Session in the Senate of Pennsylvania--and a very tempore and Lieutenant Governor, Senator Scarnati. special occasion where, from within our body, we elect a consti- tutional officer, the President pro tempore of the Senate of Penn- PLEDGE OF ALLEGIANCE sylvania. To put us in the right frame of mind, we will begin with a (The Pledge of Allegiance was recited by those assembled.) prayer. Before I call on the Monsignor, though, I would like to ask all my colleagues to please remember that there would be The PRESIDING OFFICER. Please remain standing while the two special people with us here today, but that Almighty God Chair now invites Ms. Mackenzie Bart to the rostrum to sing our decided to bring them home. So in our prayers today and in our National Anthem. thoughts, if we could remember the gentleman from Schuylkill (Whereupon, the National Anthem was performed by Ms. County, Senator Jim Rhoades, and our Lieutenant Governor, Mackenzie Bart.) . (Applause.) The PRESIDING OFFICER. The Chair offers a special thank PRAYER you to our soloist, Ms. Mackenzie Bart, for her beautiful and patriotic rendition of our Star-Spangled Banner. The Chaplain, Monsignor CHARLES A. KAZA, Pastor of Saint Tobias Roman Catholic Church, Brockway, offered the PRESENTATION OF ELECTION RETURNS following prayer: The PRESIDING OFFICER. The Chair recognizes the Ser- Shall we pray. geant-at-Arms. O good and gracious God, as we gather in these opening mo- The SERGEANT-AT-ARMS. Mr. President, I have the honor ments of Your new year of grace and the beginning of a new to present the Secretary of the Commonwealth, the Honorable legislative Session, we begin our work in prayer with a sincere Pedro Cortes. and humble word of thanks. Thanks to You, Almighty God, for The PRESIDING OFFICER. Thank you, Sergeant-at-Arms. Your hand of blessing that has been such a constant part of our Welcome, Mr. Secretary. Commonwealth from its beginnings and which we continue to The SECRETARY. Mr. President, as Secretary of the Com- enjoy to this very moment. We thank You for our brothers and monwealth and on behalf of the Pennsylvania Department of sisters who have responded to Your call of service and the voice State, it is my privilege to present to you the official returns of of Your people. We thank You for those who have served in this the general election held November 4, 2008. Chamber in the past, and in a special way today, we ask You to The PRESIDING OFFICER. Thank you, Mr. Secretary, and guide those whom we welcome as they officially accept and be- Happy New Year to you. gin their new roles of service to our people. We ask that You fill The SECRETARY. Happy New Year. Thank you. their minds with Your wisdom, their hearts with Your compas- 2 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

ELECTION RETURNS FOR TREASURER, TWENTY-NINTH SENATORIAL DISTRICT AUDITOR GENERAL, AND ATTORNEY Schuylkill James J. Rhoades (Rep) 68,160 Berks Peter PJ Symons, Jr. (Dem) 38,017 GENERAL LAID ON TABLE Dennis Baylor (NOP) 2,354

The PRESIDING OFFICER. The returns for the Treasurer, THIRTY-FIRST SENATORIAL DISTRICT Auditor General, and Attorney General will be laid on the table. Cumberland Patricia H. Vance (Rep) 92,959 Susan Kiskis (Dem) 37,406 ELECTION RETURNS OF SENATORS THIRTY-THIRD SENATORIAL DISTRICT The PRESIDING OFFICER. The returns of the Senators will Franklin II (Rep) 80,259 be read by the Clerk. Adams Bruce Tushingham (Dem) 36,804 The Clerk read the election returns as follows: THIRTY-FIFTH SENATORIAL DISTRICT Cambria John N. Wozniak (Dem) 65,281 FIRST SENATORIAL DISTRICT Joseph W. Veranese (Rep) 33,959 Philadelphia Lawrence M. Farnese, Jr. (Dem) 95,727 Jack Morley (Rep) 22,698 THIRTY-SEVENTH SENATORIAL DISTRICT Allegheny John Pippy (Rep) 88,770 THIRD SENATORIAL DISTRICT Amy Jude Schmotzer (Dem) 46,152 Philadelphia Shirley M. Kitchen (Dem) 96,328 Robert S. Nix (Rep) 12,647 THIRTY-NINTH SENATORIAL DISTRICT Westmoreland (Rep) 60,740 FIFTH SENATORIAL DISTRICT Tony Bompiani (Dem) 51,571 Philadelphia (Dem) 71,141 John Farley (Rep) 27,702 FORTY-FIRST SENATORIAL DISTRICT Indiana Don White (Rep/Dem) 97,625 SEVENTH SENATORIAL DISTRICT Philadelphia Vincent J. Hughes (Dem) 101,996 FORTY-THIRD SENATORIAL DISTRICT Montgomery Marc Perry (Rep) 17,344 Allegheny , Jr. (Dem) 101,482

NINTH SENATORIAL DISTRICT FORTY-SEVENTH SENATORIAL DISTRICT Delaware Dominic Pileggi (Rep) 77,440 Beaver , Jr. (Rep) 60,047 John Linder (Dem) 55,730 Jason M. Petrella (Dem) 45,857

ELEVENTH SENATORIAL DISTRICT FORTY-NINTH SENATORIAL DISTRICT Berks Michael A. O'Pake (Dem) 76,885 Erie Jane M. Earll (Rep) 62,934 Stephen P. Fuhs (Rep) 30,991 Cindy Purvis (Dem) 45,480

THIRTEENTH SENATORIAL DISTRICT *Party Designation - (Dem) Democrat, (Ind) Independent, (Lib) Liber- Lancaster Lloyd K. Smucker (Rep) 66,632 tarian, (NOP) No Party, (Rep) Republican Jose E. Urdaneta (Dem) 50,488 Whereupon, the following named persons were declared duly FIFTEENTH SENATORIAL DISTRICT elected Senators in the General Assembly of the Commonwealth Dauphin Jeff Piccola (Rep) 64,166 Judy Hirsh (Dem) . 59,432 of Pennsylvania: SEVENTEENTH SENATORIAL DISTRICT First District-Lawrence M. Farnese, Jr. Montgomery Daylin Leach (Dem) 79,114 Third District-Shirley M. Kitchen Lance Rogers (Rep) 49,643 Fifth District-Mike Stack NINETEENTH SENATORIAL DISTRICT Seventh District-Vincent J. Hughes Chester Andrew E. Dinniman (Dem) 84,846 Ninth District-Dominic Pileggi Steve Kantrowitz (Rep) 62,026 Eleventh District-Michael A. O'Pake Thirteenth District-Lloyd K. Smucker TWENTY-FIRST SENATORIAL DISTRICT Venango Mary Jo White (Rep) 76,699 Fifteenth District-Jeffrey Piccola Clarion Mary Lea Lucas (Lib) 13,987 Seventeenth District-Daylin Leach Nineteenth District-Andrew E. Dinniman TWENTY-THIRD SENATORIAL DISTRICT Twenty-first District-Mary Jo White Lycoming Gene Yaw (Rep) 61,430 Union Louis Trey Casimir (Dem) 29,612 Twenty-third District-Gene Yaw Lycoming Michael A. Dincher (Ind) 10,965 Twenty-fifth District-Joseph B. Scarnati III Twenty-seventh District-John R. Gordner TWENTY-FIFTH SENATORIAL DISTRICT Twenty-ninth District-James J. Rhoades Jefferson Joseph B. Scarnati III (Rep) 64,103 Donald L. Hilliard (Dem) 31,979 Thirty-first District-Patricia H. Vance Thirty-third District-Richard Alloway II TWENTY-SEVENTH SENATORIAL DISTRICT Thirty-fifth District-John N. Wozniak Columbia John R. Gordner (Rep) 79,985 Thirty-seventh District-John Pippy Thirty-ninth District-Kim Ward 2009 LEGISLATIVE JOURNAL - SENATE 3

Forty-first District—Don White ADMINISTRATION OF OATH OF OFFICE Forty-third District—Jay Costa, Jr. TO DEMOCRATIC SENATORS-ELECT Forty-seventh District—Elder Vogel, Jr. Forty-ninth District—Jane M. Earil The PRESIDING OFFICER. The next order of business will be the administration of the oath of office to the Democratic Sen- STATEMENT BY THE PRESIDING OFFICER ators-elect. It is again an honor and a personal privilege for me to have the opportunity to introduce to the Senate of Pennsylva- The PRESIDING OFFICER. For the record, the Chair has nia and our guests the Honorable Seamus P. McCaffery from the been informed by Secretary Cortes, the Secretary of the Com- Pennsylvania Supreme Court. Justice McCaffery, a personal monwealth, that all the Senators-elect have filed in his office the friend, has kindly consented to be here today to administer the accounts and affidavits as required by the election laws of this Commonwealth. oath of office to our Democratic Senators-elect in accordance with Article VI, Section 3, of the Constitution of Pennsylvania. Before proceeding to the administration of the oaths of office, Will all the Democratic Senators-elect present themselves in the Chair would like to request the cooperation of the news pho- front of the rostrum, and please bring with you the Bibles which tographers and all others who would like to take pictures or vid- have been placed on your desks. eotape so that during each of the actual ceremonies, there will be Everyone please stand. no picture taking. Those Senators who are sworn in are asked to, I have the honor of presenting Justice McCaffery, who will please, at the conclusion of the actual administration of the oath administer the oath of office to the Democratic Senators-elect. of office, stay at the bar for a few minutes for the convenience of Mr. Justice McCaffery, you have the floor. any person who would desire to take a picture. The rest of us will Justice McCAFFERY. Thank you, Senator Rafferty. It is in- be at ease for those few minutes. deed my humble honor and privilege to be here today. ADMINISTRATION OF OATH OF OFFICE Gentlemen, madam, please raise your right hand, place your TO REPUBLICAN SENATORS-ELECT left hand on the Bible, and repeat after me: I, (state your name), do solemnly swear or affirm that I will The PRESIDING OFFICER. The next order of business will support, obey, and defend the Constitution of the be the administration of the oath of office to the newly elected and the Constitution of this Commonwealth, and that I will dis- Republican Senators. It is a distinct honor and privilege for me charge the duties of my office with fidelity, so help me God. to have with us today and to be able to introduce a distinguished Congratulations. member of the Pennsylvania Supreme Court, the Honorable (Applause.) Thomas G. Saylor. Justice Saylor has kindly consented to come The PRESIDING OFFICER. Please be seated while photo- here today to administer the oath of office to our Republican graphs are being taken. Senators-elect and Officers in accordance with Article VI, Sec- The Senate will be at ease. tion 3, of the Constitution of Pennsylvania. (The Senate was at ease.) We will now proceed to the administration of the oath of of- fice to the Republican Senators-elect by Justice Saylor. SPECIAL ORDER OF BUSINESS Will the Republican Senators-elect present themselves in front DISTINGUISHED GUESTS of the rostrum, and please bring with you the Bibles which have PRESENTED TO THE SENATE been placed on your desks. The PRESIDING OFFICER. The Chair recognizes the gentle- Will everyone please stand. man from Delaware, Senator Pileggi. I have the honor of presenting Justice Saylor, who will now Senator PILEGGI. Mr. President, it is my pleasure to wel- administer the oath of office to the Republican Senators-elect. come and acknowledge the presence of two former Members of Mr. Justice Saylor, you have the floor. our Caucus, former State Senator J. Doyle Corman, and former Justice SAYLOR. Thank you, Senator. State Senator Melissa Hart, who represented the 40th Senatorial If you are prepared to take the oath, I would ask you to please District. place your left hand on the Bible, raise your right hand, and re- The PRESIDING OFFICER. Welcome, Senator Corman and peat after me: Senator Hart. 1, (state your name), do solemnly swear that I will support, (Applause.) obey, and defend the Constitution of the United States and the The PRESIDING OFFICER. The Chair recognizes the gentle- Constitution of this Commonwealth, and that I will discharge the man from Lackawanna, Senator Mellow. duties of my office with fidelity, so help me God. Senator MELLOW. Mr. President, before I introduce two Congratulations. former Members, I would like to make one introduction of a (Applause.) woman whom we are honored to have with us today. She is a star The PRESIDING OFFICER. Please be seated while photo- of the stage and screen, and she is Sheryl Lee Ralph. But more graphs are being taken. importantly, she is the wife of Senator Vince Hughes, who would The Senate will be at ease. not make the introduction, so I am making it on his behalf. Sheryl (The Senate was at ease.) Lee, would you please stand up. (Applause.) 4 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

Senator MELLOW. I guess I gave him something to answer Forty-third District—Jay Costa, Jr. to. Forty-fourth District—John Rafferty I would also like to introduce two very distinguished Mem- Forty-seventh District—Elder Vogel, Jr. bers of the Senate: first, Senator Bob Rovner, who is seated up Forty-eighth District—Michael J. Folmer front; and secondly, Mr. President, Senator and former Lieuten- Forty-ninth District—Jane M. Earll ant Governor , who is seated back here. Fiftieth District—Robert D. Robbins (Applause.) Thank you, Mr. President. The PRESIDING OFFICER. Forty-six Senators having an- The PRESIDING OFFICER. Thank you, Senator Mellow and swered to their names, a quorum is present. Senator Pileggi. STATEMENT BY THE PRESIDING OFFICER QUORUM PRESENT The PRESIDING OFFICER. Before taking up the next order The PRESIDING OFFICER. The Clerk will now call the roll of business dealing with the election of the President pro tempore to determine if a quorum is present. Will the Senators please of the Senate of Pennsylvania, and the several Officers of the answer "present" when your name is called. Senate, the Chair would like to continue the practice started a The Clerk called the roll, and the following Senators were few Sessions ago, that if there is only one candidate for each of present: the several offices, the Chair will dispense with the calling of the roll and ask for a voice vote on that nomination. Is there any First District—Lawrence M. Farnese, Jr. objection? The Chair hears none. Second District—Christine M. Tartaglione Third District—Shirley M. Kitchen ELECTION OF PRESIDENT PRO TEMPORE Fourth District—LeAnna M. Washington Fifth District—Mike Stack The PRESIDING OFFICER. The next order of business be- Sixth District—Robert M. Tomlinson fore the Senate will be the election of the President pro tempore Seventh District—Vincent J. Hughes of the Senate of Pennsylvania for the 2009 Session. This is in Eighth District—Anthony H. Williams accordance with Article II, Section 9, of the Constitution of Ninth District—Dominic F. Pileggi Pennsylvania. Tenth District—Charles T. Mcllhinney, Jr. The Chair now opens the floor for nominations and recognizes Eleventh District—Michael A. O'Pake the gentleman from Delaware, Senator Pileggi. Twelfth District—Stewart J. Greenleaf Senator PILEGGI. Mr. President, it is my honor today to Thirteenth District—Lloyd K. Smucker nominate Senator Joseph B. Scarnati III of Jefferson County to Fourteenth District—Raphael J. Musto serve as President pro tempore of the Senate of Pennsylvania for Fifteenth District—Jeffrey Piccola the 2009-10 Session. Sixteenth District—Patrick M. Browne Joe Scarnati has served this Senate with distinction as Presi- Eighteenth District—Lisa M. Boscola dent pro tempore for the past 2 years, and I know that the same Nineteenth District—Andrew E. Dinniman will be true for the next 2 years. Passing good legislation with Twentieth District—Elisabeth J. Baker strong bipartisan support is the core of what we do here in the Twenty-first District—Mary Jo White Senate. Although more attention is paid when there are disagree- Twenty-second District—Robert J. Mellow ments, Joe has played a central role in forging many bipartisan Twenty-third District—Gene Yaw agreements. Twenty-fourth District—Robert C. Wonderling Over the past 2 years, I have worked closely with Joe Scarnati Twenty-fifth District—Joseph B. Scarnati III on numerous issues. He comes from a part of the State where Twenty-sixth District—Edwin B. Erickson people value thrift, practicality, and plain speaking. He knows Twenty-seventh District—John R. Gordner how to bring people together. We will need those skills desper- Twenty-eighth District—Michael L. Waugh ately in 2009 and 2010, given the dire revenue projections now Thirtieth District—John H. Eichelberger, Jr. facing our great Commonwealth. Thirty-first District—Patricia H. Vance Mr. President, for these reasons, it is my privilege to nomi- Thirty-second District—Richard A. Kasunic nate, for the office of President pro tempore of the Senate of Thirty-third District—Richard Alloway II Pennsylvania, my friend, Senator Joseph B. Scarnati III of Jeffer- Thirty-fourth District— son County. Thirty-fifth District—John N. Wozniak The PRESIDING OFFICER. Senator Pileggi has placed into Thirty-sixth District—Michael W. Brubaker nomination the gentleman from Jefferson, Senator Joe Scarnati. Thirty-seventh District—John Pippy The Chair recognizes the gentleman from Lackawanna, Sena- Thirty-eighth District—James Ferlo tor Mellow. Senator MELLOW. Thank you very much, Mr. President, for Thirty-ninth District—Kim Ward acknowledging me and giving me the honor of seconding the Fortieth District—Jane C. One nomination of Senator Scarnati to serve as the President pro tem- Forty-first District—Don White Forty-second District—Wayne D. Fontana pore of the Pennsylvania Senate. 2009 LEGISLATIVE JOURNAL - SENATE 5

Mr. President, I agree with exactly the same things that have To understand Joe Scarnati's leadership, you need to under- been stated by the Majority Leader of the Senate, Senator stand his humble beginnings. He came from a small town in Pileggi, as to the type of individual and the tremendous amount northwestern Pennsylvania. He was born and raised in this small of work that has been done by Senator Scarnati over the past 2 town and continues to live in this small town. His life is instilled years. with small-town roots and values. Joe was a successful business- Mr. President, there is no question in my mind that our busi- man and a successful local government official. In addition, Joe ness in this Chamber has improved dramatically because of the is a loving father to Lisa, Michael, and Kelly. Small-town Joe election of Senator Scamati to serve as the President pro tempore Scarnati has become a State Senator, President pro tempore, and of the Senate. We work, for the most part, in a very strong bipar- was recently sworn in as Lieutenant Governor. What a tremen- tisan manner. Senator Scarnati tries to take into consideration the dous accomplishment and achievement for our small-town Joe. thoughts and the feelings of all 50 Members of the Senate and Yet through this meteoric rise to great influence in Pennsylva- then tries to work them into an agenda that we have. nia, he has never forgotten the lessons he has learned from his Mr. President, Senator Scarnati also has another burden that dad, Joseph, or his mother, Yvonne, the lessons of hard work, is put on his shoulders because of the untimely passing of Lieu- neighbor helping neighbor, and the importance of family and tenant Governor Catherine Baker Knoll. Senator Scarnati must community service. Joe often speaks of small-town Joe and Mary not only serve his constituents of the 25th Senatorial District, but Smith or Joe Q. Public. He never loses sight of the working folks he now has 12.4 million constituents to serve as the Lieutenant in his district. He understands that their lives are not always easy Governor of Pennsylvania, which gives him an added responsi- and that government should not stand in their way. And more bility, one of tremendous value to the Senate, and one of extreme importantly, Joe believes in values that transcend the person and importance to the people of Pennsylvania, and for Senator the parties. Joe leads by example. He is not interested in politics Scarnati himself. but instead cares about people and about living up to the trust As the Democratic Leader of the Pennsylvania Senate, I am and confidence that the people have instilled in him. His vision proud and happy to be able to congratulate him and wish him of leadership is rooted in all Pennsylvanians' hopes, dreams, well and to extend to him the full support of the Democratic values, trust, and confidence. Members of the Senate as we move on in a very difficult year, Mr. President, Martin Luther King, Jr., once said, "The ulti- both fiscally and in other ways, as we deal with the mate measure of a man is not where he stands in moments of up-and-coming budget. But I think Senator Scarnati is an individ- comfort...but where he stands at times of challenge and contro- ual who is well-positioned to handle this job in the appropriate versy." Joe Scarnati, time and time again, has proven himself in fashion, and I am sincerely pleased to be able to second the nom- these times of challenge, whether with government reform or ination of Senator Scamati to serve as the President pro tempore legislative reform or government living within its means. Joe is of the Senate. passionate, he is steadfast in his views of government, and he The PRESIDING OFFICER. Senator Mellow seconds the stands up for what he believes in and what he knows is right, and nomination of the gentleman from Jefferson, Senator Joe he will not be swayed. This is the definite kind of principled Scarnati, for President pro tempore. leadership we need now in the Senate of Pennsylvania as Penn- The Chair recognizes the gentlewoman from Allegheny, Sena- sylvania and this nation face very difficult and challenging times. tor Orie. Joe Scarnati will put the people of Pennsylvania first and stand Senator ORIE. Mr. President, it is a sincere honor and privi- with the people of Pennsylvania. lege to rise and second the nomination of the gentleman from Under Joe's leadership, he has ushered in an era of openness, Jefferson, Senator Joseph B. Scarnati III, to serve as the Presi- civility, nonpartisanship, and a focus on results, not division and dent pro tempore of the Pennsylvania State Senate for the term acrimony. I think this has been the greatest accomplishment, and 2009-10. one that all of us are better for in the State Senate. I would like to preface my remarks with a quote from the late Two years ago, I had the honor and distinction of seconding President Ronald Reagan, which I believe poignantly describes the nomination of Joe Scarnati for his first term as President pro the role of government for the people. President Ronald Reagan tempore. At that time, I indicated that we should resolve our- said: selves to weather this period of political turmoil and not to revert back to business as usual, that we needed to do everything in our "Trust me" government asks that we concentrate our hopes and power to restore public trust and accountability. dreams on one man; that we trust him to do what's best for us. My view of government places trust not in one person or one party, but in those For the seven newly elected Members of this august body and values that transcend persons and parties. The trust is where it be- their families, friends, and guests who are here today, I am proud longs--in the people. The responsibility to live up to that trust is where to say that through the leadership on both sides of the aisle, and it belongs, in their elected leaders. That kind of relationship, between with Senator Scarnati at the forefront, that the Pennsylvania State the people and their elected leaders, is a special kind of compact. Senate holds the mantle as the Chamber of reform and has made This quote resonates within this Chamber and embodies the significant strides at restoring public trust and confidence in this historic reforms this Chamber has embarked upon and the leader- noble institution. We have implemented internal, historic Senate ship that has been exhibited on both sides of the aisle over the reforms and unanimously implemented sweeping landmark gov- past 2 years. There is no question that this Senate Chamber has ernment reform legislation in this Chamber. entered a special compact with the people of Pennsylvania. 6 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

In closing, there is no better way to conclude my remarks than Please rise. by recalling the inspiring words of the late President Ronald Justice SAYLOR. Please raise your right hand and repeat after Reagan: me: I, Joseph B. Scarnati, do solemnly swear that I will support, We are the showcase of the future. And it is within our power to mold that future--this year and for decades to come. It can be as grand obey, and defend the Constitution of the United States and the and as great as we make it. No crisis is beyond the capacity of our peo- Constitution of this Commonwealth, and that I will discharge the ple to solve; no challenge too great. duties of my office with fidelity, so help me God. Congratulations. This Senate Chamber and the leadership displayed has truly (Applause.) been a showcase, one I believe will have the potential to mold the The PRESIDING OFFICER. Please be seated for a moment. future of the Pennsylvania legislature, the Pennsylvania govern- The Senate will now be at ease for the taking of photographs. ment, and truly restore public trust and renew the nobility of (The Senate was at ease.) serving in public office for decades to come. Mr. President, I am truly honored to second the nomination of GAVEL PRESENTED TO LIEUTENANT Senator Joseph Scarnati. I look forward to continuing this jour- GOVERNOR JOSEPH B. SCARNATI III ney under his leadership and the leadership of Senator Pileggi and Senator Mellow, in joining in this era of reform, accountabil- The PRESIDING OFFICER. Members of the Senate, honor- ity, transparency, and restoring public confidence in this great able Justices of the Pennsylvania Supreme Court, ladies and gen- institution. tlemen, it is now a distinct privilege and honor for me to be able Thank you, Mr. President, for this is truly an honor and a priv- to present to you our President pro tempore of the Senate of ilege. Pennsylvania, the Honorable Joe Scarnati of Jefferson County. (Applause.) NOMINATIONS CLOSED The PRESIDING OFFICER. Senator One seconds the nomi- The PRESIDENT (Lieutenant Governor Joseph B. nation of the gentleman from Jefferson, Senator Joe Scarnati. Are Scarnati III) in the Chair. there any other nominations or seconds? If not, the Chair will now declare the nominations for President pro tempore of the REMARKS BY THE PRESIDENT PRO TEMPORE Senate of Pennsylvania closed. The candidate for the office of President pro tempore of the The PRESIDENT pro tempore. Senator Rafferty, Monsignor Senate of Pennsylvania is the Honorable Joe Scarnati of Jeffer- Kaza, Justice Saylor, Justice McCaffery, Mackenzie, thank you son County. All those in favor of the Honorable Joe Scamati as all for being here and being part of this very special day. To my President pro tempore of the Senate of Pennsylvania will please colleagues, thank you for your trust and your friendship over signify by saying "aye"; those opposed, "no." these past 2 years, and I look forward to the following 2 years as the President pro tempore of the Senate. Senator Pileggi, Senator A voice vote having been taken, the question was determined in the affirmative. Mellow, Senator Orie, thank you all for your very kind remarks, and certainly, I look forward to working with each of you as we The PRESIDING OFFICER. The Chair declares Senator face our challenges. Senator Orie, your remarks will be much Scarnati unanimously elected President pro tempore. (Applause.) longer than mine will be, but I love them just as much. (Laughter.) COMMITTEE APPOINTED TO ESCORT I am very pleased to have my family with me: my mother, my PRESIDENT PRO TEMPORE-ELECT father, my grandmother, my sister, my son, Michael, and my TO THE ROSTRUM daughter Kelly, whom you hear a lot about. They are usually the thrust of a lot of my stump speeches. My aunts and my uncles, The PRESIDING OFFICER. The Chair takes great pleasure Amy, thank you all for sharing this special day here with me. in appointing the following committee to escort the President pro And my staff. I have a wonderful staff who are here and who tempore to the rostrum for the administration of the oath of of- made this day flow so smoothly, and I am very honored to be fice: the gentleman from Indiana, Senator Don White (chairman); associated with each one of them. the gentleman from Lackawanna, Senator Mellow; and the gen- Today, again, is a very special day for each of us, to raise our tleman from Bucks, Senator Tomlinson. The committee will now right hands and take the oath of office. For me, taking the oath proceed to the performance of its duties. for a third term and being reelected to serve as President pro Walk slowly, Senator White; I rather enjoy it up here. tempore of this proud body of great individuals is especially an (Whereupon, the President pro tempore-elect was escorted to honor, and it is an honor to those who sent me from the 25th the rostrum of the Senate.) District to serve here. ADMINISTRATION OF OATH OF OFFICE TO And yes, today surely marks the high point in the careers of PRESIDENT PRO TEMPORE-ELECT many veteran Members who have served so proudly, and no matter if this is your first term or your fourth or fifth or sixth The PRESIDING OFFICER. The oath of office will now be term, today brings pride to each one of us. administered to Senator Scarnati by Justice Saylor of the Penn- But today, I would like to focus my remarks on this large class sylvania Supreme Court. of new Members: Rich, Lloyd, Gene, Kim, Elder, Larry, and 2009 LEGISLATIVE JOURNAL - SENATE 7

Daylin. Today is a day that none of you should forget. As each Senator M.J. WHITE. Mr. President, I have the pleasure to- of you sit in this most majestic Chamber, surrounded by many day of placing before the Senate the name of the Honorable Mark people whom I am sure you are meeting for the first time today, R. Corrigan to serve as Secretary of this body. Mark is only the you are now part of Pennsylvania history, and you are participat- 11th person to have held this position in the history of the Senate ing as a Member of a body which is rich in tradition and encour- and has the distinction of being the longest-serving Secretary in ages strong individualism. And each of us who serve here who the history of the body. have walked on the floor of this Chamber have come with great The responsibilities of the Secretary are prescribed by Article ambitions, goals, and dreams. I urge each of you to pursue those VII of the Rules of the Senate. They include assisting the presid- goals with the same passion you exhibited when you first ran for ing officer while the Senate is in Session and serving as Parlia- this office. mentarian. Mark is usually unflappable. He is skilled in parlia- There is no one in this Chamber who claims title to always mentary processes, and he does his very best to see that the busi- being totally right, nor is there anyone ever totally wrong on any ness of the Senate is conducted in an orderly and civil manner. given issue. Each of us comes from different walks of life, geo- The less visible but equally important duties of the Secretary graphic areas, and most importantly of all, life experiences. You include certifying documents, preparing and publishing the Cal- must draw from your experiences and participate in making every endar, numbering and printing bills, and keeping a record of all bill better, every budget reflect Pennsylvania's needs, and every Senate action on bills that come out of committee and transmit- policy decision in the best interests of all. ting them to the House of Representatives. The Secretary also Yes, we will be facing many challenges in the coming weeks, supervises the Sergeant-at-Arms, the Senate Library, the Senate everything from a looming budget crisis to just solving everyday Bill Room, the Senate Print Shop, the Official Reporter's Office, problems for your new constituents. To do this will take the re- and the Page service. And as everyone in this body can attest, the solve of each of us to work together in this Chamber, certainly, Senate has been a very smooth-running operation under his direc- in each of our own Caucuses, but also working across party lines. tion of those particular activities. Today more than ever, Pennsylvanians want results, not stale- Mark is a member of the Bar, a graduate of Dickinson Law mate; they want family sustaining jobs, not more unemployment School, and he has performed his duties here with the utmost benefits; and they want a vision for the future, a vision that is full professionalism and impartiality, and I am very pleased and of hope that what we do here today will make tomorrow brighter. proud to submit his name to this body for election as Secretary. Your constituents have placed their trust in you to make this Thank you. great Commonwealth better. Let us earn their respect. I urge each The PRESIDENT. The Chair recognizes the gentleman from of you not to just fall in the trap of being opposed to everything, Berks, Senator O'Pake. and that seems to be a growing culture in public service, and it is Senator O'PAKE. Mr. President, as I have had this privilege one that can almost ensure a very long tenure as a legislator but on numerous occasions in the past, it is my honor once again to is one that gives a very short list of results and accomplishments. second the nomination of Mark R. Corrigan as Secretary and Yes, oppose issues that you philosophically cannot support, Parliamentarian of this distinguished body. but on the many, many other issues outside of those, do some- Two years ago, in the midst of change - the election of a new thing to make every piece of legislation better. Do not walk away President pro tempore, the seating of a new Majority Leader, and and just vote "no" and go home and tell your constituents how our embrace of much-needed legislative reform - I remarked that you oppose things. Tell them, instead, that you made a differ- there has been one constant of dedication, experience, and exper- ence, that you were involved in the process. Sometimes, the de- tise that has guided us through the legislative process. That per- bate will get fierce, even among Members of your own party. But son is Mark Corrigan, our distinguished Secretary and Parliamen- some parting advice as I finish: do not ever walk out of the build- tarian. In his 28th year of service, nobody has served longer as ing at the end of a day of debate and take it personally. We all Secretary and Parliamentarian of this Senate than Mark Corrigan. have opinions, and we need to share them. But remember, after Considering the pressures and challenges that go with the job, that debate is another day that will require us to work together on that is a remarkable feat, and this Senate and all of its Members the next problem facing Pennsylvania. are all the better for it. Two years ago at my swearing-in as President pro tempore, I Mr. President, as I look around this august Chamber, we see spoke about this aisle down the center of this Chamber, that the a number of new faces, and we welcome all of the new Members aisle was simply to walk down, not to divide. So let all of us, new who have joined in this great experiment of representative gov- Members and veteran Members, use the aisle only to walk down, ernment. Only a handful of Senators have been here longer than and let us solve Pennsylvania's problems together. Mark Corrigan. In fact, I count four: Senator Mellow, Senator Thank you, and God bless. Stout, Senator Greenleaf, and myself. And that, my friends, is (Applause.) why we are fortunate to have Mark Corrigan's continued service to this body. His institutional memory is vast. His integrity, pro- ELECTION OF SECRETARY fessionalism, and experience is unmatched. And he still has all of OF THE SENATE his hair. It is therefore my distinguished honor to once again second the nomination of Mark R. Corrigan to serve as Secretary The PRESIDENT. The next order of business before the Sen- of the Senate. ate is the election of the Secretary of the Senate. Thank you, Mr. President. The Chair recognizes the gentlewoman from Venango, Sena- tor Mary Jo White. 8 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

NOMINATIONS CLOSED And so, Mr. President, with great pride, respect, and pleasure, I nominate W. Russell Faber for the position of Chief Clerk of The PRESIDENT. Are there any other nominations or sec- the Senate of Pennsylvania. onds? If not, the Chair will now declare the nominations for Sec- The PRESIDENT. The Chair recognizes the gentleman from retary of the Senate closed. Philadelphia, Senator Hughes. The candidate for the office of Secretary of the Senate is Mark Senator HUGHES. Mr. President, it is an honor today for me R. Corrigan of Dauphin County. All those in favor of Mark R. to stand to second the nomination of W. Russell Faber as Chief Corrigan for the office of Secretary will please say "aye"; those Clerk of the Senate, a gentleman whom every Senator has come opposed, "no." to know and to love and to appreciate. Am I right, my col- A voice vote having been taken, the question was determined leagues? Absolutely. in the affirmative. In his long tenure as Chief Clerk, Mr. Faber has always taken The PRESIDENT. The Chair declares Mark R. Corrigan a focused approach to his job. As an accountant by training, he unanimously elected Secretary of the Senate. has professionalized our Chamber's recordkeeping and moved (Applause.) with dispatch in answering questions posed by Members and staff. Time and again, he has acted with the institution's best ELECTION OF CHIEF CLERK interests at heart and sought to address institutional issues OF THE SENATE quickly, effectively, and efficiently. Russ's many years with us The PRESIDENT. The next order of business before the Sen- have provided him with a wealth of experience and knowledge ate is the election of the Chief Clerk of the Senate. about all facets of government operation, and for many years, he The Chair recognizes the gentlewoman from Erie, Senator has put this treasure trove of wisdom to good use. Earll. This experience is even more critical now as we embark upon Senator EARLL. Mr. President, I rise on this special day to a new Session with rules in place that make the Senate more open place in nomination the name of W. Russell Faber as the Chief and accessible to the public. I am confident he will continue to Clerk of the Senate of Pennsylvania, and I would like to just take serve this Chamber with integrity, dignity, and honesty. And I personally consider it an honor to second the nomination of Russ a moment to recap some of Russ's professional accomplishments. Faber to another term as Chief Clerk of the Senate. In 1981, Russ was confirmed as both the youngest and the first-ever CPA to serve as the Chief Clerk of the Senate. He NOMINATIONS CLOSED served as Chief Clerk until 1986, when I think he gathered his mind and left and went back to the real world, where he served The PRESIDENT. Are there any other nominations or sec- for 3 years, and then came back to the legislature. In 1989, he onds? If not, the Chair will now declare the nominations for returned to public life as director of the House Bipartisan Man- Chief Clerk of the Senate closed. agement Committee, and in 1993, he returned to the Senate as The candidate for the office of Chief Clerk of the Senate is W. Chief Clerk, a position he has held ever since. Russell Faber of Dauphin County. All those in favor of W. Rus- The tenure of an 18-year career in the Senate speaks well in sell Faber for the office of Chief Clerk will please say "aye"; and of itself. That is certainly no small task and no small accom- those opposed, "no." plishment, meeting the needs of each of the Senators, who are A voice vote having been taken, the question was determined elected from very diverse and different regions of the State and in the affirmative. who are sometimes maybe not the easiest people to get along The PRESIDENT. The Chair declares W. Russell Faber unan- with. Russ has done an outstanding job, and I would note that imously elected Chief Clerk of the Senate. Russ has been nominated and elected as Chief Clerk to the Sen- (Applause.) ate by both Republican and Democratic majorities. Russ is not only respected for his abilities and performance, OATH OF OFFICE ADMINISTERED but as I mentioned, he is also very well-liked. He makes himself TO THE SECRETARY-ELECT AND readily accessible to answer the questions or solve the problems THE CHIEF CLERK-ELECT that we or our respective staff members throw at him. And when one adds to his regular office responsibilities the Senate renova- The PRESIDENT. We will now proceed with the administra- tion projects and its inherent design, construction, and renova- tion of the oath of office to the Secretary and the Chief Clerk. tions and the moving of all of the Senators' offices, Senate staff The Secretary-elect and the Chief Clerk-elect will approach the offices, that only adds to my personal admiration for Russ. bar of the Senate in order that the oath of office may be adminis- As I said, maybe sometimes we ask silly or inane questions, tered. and Russ has a way of presenting answers to us that are under- Once again, I am going to call on Justice Saylor to administer standable. The professionalism of Russ Faber and his respective the oath of office to our newly elected Officers. staff points to a strong sense of responsibility, integrity, and dedi- Please rise. cation. We are fortunate to have Russ Faber as our manager who Justice SAYLOR. Thank you, Mr. President. knows how to professionally cross the T's and dot the I's. But If you are prepared to take the oath, I ask you to place your even more importantly, he has been critical in leading this body left hand on the Bible, raise your right hand and repeat after me: into the 21st century. I, (Mark Corrigan and W. Russell Faber), do solemnly swear that I will support, obey, and defend the Constitution of the 2009 LEGISLATIVE JOURNAL - SENATE

United States and the Constitution of this Commonwealth, and available for political or campaign purposes, whether in paid political that I will discharge the duties of my office with fidelity, so help broadcasts or otherwise and that use of the coverage so provided be me God. subject to all Federal and State laws relating to elections and campaign practices; and be it further Congratulations. RESOLVED, That no part of such coverage or any recording (Applause.) thereof be used in any commercial advertisement; and be it further RESOLVED, That any live coverage be without and presented SPECIAL ORDER OF BUSINESS without any commercial sponsorship, except when it is part of a bona SENATE RESOLUTIONS ADOPTED fide news program, public affairs program or a show produced with a legislative purpose by Senate employees for members in their official Senators PILEGGI and MELLOW, by unanimous consent, capacity; and be it further RESOLVED, That nothing in any contract entered into by the Of- offered Senate Resolution No. 1, which was read, considered, fice of the Chief Clerk regarding installation or maintenance of equip- and adopted by voice vote: ment shall permit any control over microphones in the Senate Chamber to be exercised by anyone but the appropriate Senate officers and em- A Resolution providing for broadcasting of Senate floor activity. ployees; and be it further RESOLVED, That the President pro tempore, any other presiding WHEREAS, Broadcasting of Senate floor activity is in the public officer and any member, officer or employee of the Senate be prohibited interest; therefore be it from editing any portion of the broadcast and that the President pro RESOLVED, That this resolution represent the ongoing recommen- tempore or any other presiding officer be prohibited from ordering, dations of the Committee on Management Operations as heretofore without consent of the Senate, that any segment of a floor session not submitted providing for broadcasting of sessions of the Senate; and be be broadcast or recorded; and be it further it further RESOLVED, That funding for the implementation and operation RESOLVED, That except as provided in this resolution, filming, of the broadcasting system be provided through such Senate appropria- videotaping, televising or broadcasting of any session of the Senate be tions as are designated by the President pro tempore. prohibited and that violation of this resolution be dealt with as the Com- mittee on Rules and Executive Nominations shall direct; and be it fur- Senators PILEGGI and MELLOW, by unanimous consent, ther offered Senate Resolution No. 2, which was read, considered, RESOLVED, That television and radio coverage of session pro- ceedings in the Senate Chamber be authorized on a continuing basis; and adopted by voice vote: and be it further RESOLVED, That coverage provide a complete unedited record of A Resolution providing for the adoption of Financial Operating what is said on the floor of the Senate, be an informative documentary Rules of the Senate. and not a staged performance, and be free from commentary; and be it further RESOLVED, That Financial Operating Rules of the Senate be RESOLVED, That to the extent possible only the presiding officer adopted for the government of the 192nd and 193rd Regular Session and the persons actually speaking be covered by the cameras during the until amended, repealed or otherwise altered or changed. proceedings and debate; and be it further (2009-2010) RESOLVED, That, during roll call votes and other votes, the cam- FINANCIAL OPERATING RULES OF THE SENATE eras be focused on the presiding officer or the appropriate clerks until I. PERSONNEL the announcement of the vote tabulation by the presiding officer; and be 1. Central Office. it further The office of the Chief Clerk of the Senate shall serve as the central RESOLVED, That during recesses of the Senate or when the Sen- office of the Senate for all personnel and payroll matters. ate is at ease, cameras shall be turned off; and be it further 2. Employees of the Senate. RESOLVED, That the Chief Clerk consult with the Secretary of the (a) Personnel Files. Senate in developing, maintaining and enhancing television and radio Before any person is placed on any payroll of the Senate, there must coverage; and be it further be in the office of the Chief Clerk a payroll file containing: RESOLVED, That the Chief Clerk be responsible for the acquisi- (1) Full name of employee. tion, installation and maintenance of equipment and for the continued (2) Full address including county. development and operation of the television broadcast, including the (3) Date of employment/termination/or job transfer. hiring of the necessary personnel; and be it further (4) Actual functional job title or description to include general RESOLVED, That all equipment be operated by Senate personnel hours of work, general job responsibilities and job location. so that the Senate can more effectively supervise the broadcasts and (5) The name of the Senator or Officer responsible for moni- prevent disruption of the normal proceedings; and be it further toring the employee's performance. RESOLVED, That any changes in the provisions established by (6) Letter of appointment signed by the authorizing Senator or this resolution be made only by Senate resolution but that the Commit- Officer including a delineation of the account from which the em- tee on Management Operations have the continuing authority to adopt ployee is to be paid. regulations which do not contravene this resolution as it deems neces- (7) The current compensation level with signature approval of sary to ensure the proper availability of television and radio coverage of the authorizing Senator or Officer. Overtime payments may be Senate proceedings; and be it further authorized only in emergency maintenance and security situations RESOLVED, That continuous broadcast of the sessions of the with the signature approvals of the Senator or Officer responsible Senate be provided free of charge to any licensed television or radio for monitoring performance, the authorizing Senator or Officer and station or cable television outlet but that the Committee on Management the President Pro Tempore. Operations may, however, authorize other entities, such as government (8) All information necessary for tax withholding and benefit agencies and universities, to receive broadcasts; and be it further eligibility. RESOLVED, That the Committee on Management Operations be (9) Employment Eligibility Verification Form. authorized to direct that a copyright application be filed with the Regis- (b) Maintenance of the Personnel Files. ter of Copyrights, Copyright Office, Library of Congress, Washington, It is the responsibility of the Chief Clerk to develop procedures DC, to determine the subject matter of activity in the Senate which may necessary to maintain this payroll file information on a current basis. All be protected by copyright laws and copyrighted to the extent permitted payroll changes shall be reflected by the next appropriate payroll period by applicable law; and be it further providing said change is received in the office of the Chief Clerk prior RESOLVED, That no television or radio coverage be used or made to processing of the payroll. 10 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

(c) Reclassification of Employees. bursed the actual legislative percentage expenses for a short-term rental. Any reclassification of employees under the Senate of Pennsylvania A Member or employee who rents a vehicle or conveyance on a short- Pay Management Plan shall be submitted by the Member or Officer term basis (other than a Member's temporary replacement of a long-term authorizing such reclassification to the Committee on Management rental) may be reimbursed only on an actual cost basis for the legislative Operations for approval or disapproval. The Committee on Management percentage of rental payments and expenses of operation. Operations is authorized to establish a bi-partisan subcommittee to (b) Vehicle Rental by Chief Clerk. consider and approve or disapprove all such requests subject to an ap- The Chief Clerk is authorized to lease such vehicles as deemed peal by the Member or Officer for consideration of the reclassification necessary by the Senate Committee on Management Operations for the by the Committee on Management Operations. operation of the Senate. The actual expenses of the lease and operation 3. Personal Service Contracts. shall be paid by the Senate's Incidental Expense Account. The Chief (a) Personal Service Contract Files. Clerk is also authorized to enter into a master lease agreement with the For any person retained on a contractual basis by any Officer or Department of General Services for the long-term lease of automobiles Member of the Senate, there shall be in the office of the Chief Clerk a to be used by Members of the Senate. Rules relating to the payment of file containing: expenses relating to vehicles leased through the Department of General (1) A copy of the contract signed by the authorizing Senator Services to be used by Members of the Senate shall be promulgated by or Officer including: the Senate Committee on Management Operations. (i) Full name, address, including county and social secu- 4. Allowable Transportation Expenses. rity number of person (or Federal tax identification number) (a) General. from whom the services are contracted. (1) Common or Chartered Carrier. A Member or employee (ii) Duration of the contract. No contract may extend be- may be reimbursed for reasonable actual costs of carriage when yond the expiration of the term of the Member or Officer. traveling by common or chartered carrier, including expenses for (iii) Cost of the contract and terms of payment. parking, taxis, limousines and tolls. Claims for payment based on (iv) Clear, detailed description of the type of service to be miles traveled cannot be paid. performed or product to be delivered. (2) Personal Vehicle and Noncommercial Conveyance. A (2) The name of the Senator or Officer responsible for moni- Member or employee who uses a personal vehicle may be reim- toring the contractor's performance. bursed on such mileage basis as may be established by the Senate (b) Contract Review. Committee on Management Operations. Reimbursement for use of All personal service contracts shall be submitted to the Chief Clerk other noncommercial vehicles or noncommercial aircraft shall be for review and approval regarding conformity with applicable laws and made on such basis as may be established by the Senate Committee rules. on Management Operations. (c) Payment. (3) Session Mileage. The mileage rate for Session Mileage Payments under contract shall be made in accordance with provi- payments under Rule II.1 shall be as set forth by law. sions of the contract provided that a voucher for such payment is re- (4) Out-of-State Travel. ceived in the office of the Chief Clerk before the applicable processing (i) Nonmember Officers of the Senate and their employ- deadline. Contractor performance shall be reviewed by the monitoring ees may claim expenses for travel outside the Commonwealth, individual designated pursuant to Rule I.3.(a)(2), who under conditions provided that such travel is approved in the manner described of satisfactory performance and conformity to the contract shall approve in Rule XI. All claims for Members' and employees' travel the voucher prior to processing. outside the Commonwealth shall be filed with the Office of the 4. Authorized Accounts. Chief Clerk in the manner described in Rule XI. Salaries, wages and related benefits shall be paid from accounts so (ii) Members of the Senate may claim expenses for travel authorized by the General Appropriation Act. Such accounts also may outside the Commonwealth provided that the travel is neces- pay expenses related to personal service contracts. sary to attend a conference, seminar or meeting regularly or II. TRAVEL ALLOWANCES AND REIMBURSEMENTS specially scheduled by an organization which conference, sem- 1. Member Travel. inar or meeting has a legislative purpose. Members shall sub- Travel allowances or reimbursements may be paid to a Member mit a copy of a registration and agenda, in addition to any who is engaged in travel in the performance of legislative duties. Travel other documentation required by these rules. payments may be claimed in connection with the following: (iii) Members of the Senate may also claim expenses for (1) One round trip between home district and Harrisburg for travel outside the Commonwealth when the travel has a legis- each week a Member is in actual attendance at a session of the lative purpose, but is not for attending a conference, seminar Senate ("Session Mileage"). or meeting, provided the purpose is approved by the Commit- (2) Round trip travel between home district and Harrisburg for tee on Management Operations, and provided further that ap- other legislative activities. proval is not required for legislative business in Washington, (3) All travel on intradistrict and interdistrict legislative busi- DC. ness. (b) No Duplication. (4) All travel to attend committee meetings, hearings, confer- (1) Session Mileage. Members claiming reimbursement for ences and seminars. travel expenses associated with attendance at a legislative session 2. Employee Travel. shall reduce such claim by an amount equal to the "session mile- Travel reimbursement may be paid to employees engaged in travel age" entitlement for the same period. from their work place to the place of legislative business provided that (2) Reimbursement From One Source. If a Member or em- the travel is necessary for the performance of official business. Except ployee is entitled to reimbursement from more than one source for as provided in Rule II.3., members and employees are not authorized to legislative business performed on behalf of more than one commit- lease vehicles on a long-term basis, and no payments will be made with tee or group, payment shall be received from only one source. respect to long-term lease vehicle expenses incurred by members or 5. Documentation. employees except with respect to long-term lease arrangements entered (a) Expense Voucher. into by a member prior to August 31, 2006, payments for which shall be All requests for travel payments must be made on an expense made in accord with the Rules in place on August 31, 2006. When away voucher showing: from the Harrisburg area and from their work place, employees may rent (1) Dates of travel. cars on a short-term basis for a period not in excess of that needed to (2) Legislative purpose of travel described in reasonable speci- carry out official business. ficity. Claims for out-of-State travel shall also include such infor- 3. Rental of Vehicle or Conveyance. mation as may be required under Section 4.(a). (a) Short-Term Rental of Vehicle or Conveyance. (3) The number of miles traveled when claiming reimburse- A Member whose long-term rental is unavailable may be reim- ment on a mileage basis. Such mileage claims also should reflect an 2009 LEGISLATIVE JOURNAL - SENATE 11

itinerary including point of origin, furthest destination, and inter- one committee or group, payments shall be received from only one mediate points and the legislative purpose of the trips. source. (b) Receipts. 6. Review. Receipts must be submitted to support the cost associated with All authorized and approved meals and lodging claims shall be claims for: reviewed for inadvertent duplication by the Office of the Chief Clerk (1) Travel by common or chartered carrier. prior to processing and payment. (2) Leased vehicle or conveyance operation. Receipts for gas- 7. Record Keeping. oline and maintenance shall include the license number of the vehi- Where a per diem allowance or reimbursement is paid by a legisla- cle and the location of the purchase. In addition, a copy of such tive service agency cofunded between both Houses of the General As- lease must be on file with the Office of the Chief Clerk. sembly, a copy of the approved claim shall be furnished to the Office of (3) Parking, limousine, toll charges and other miscellaneous the Chief Clerk. incidental items when any of these items exceed $10. 8. Documentation. 6. Authorized Accounts. (a) Per Diem Allowance. Travel payments can be made from any of the following accounts. For payment of a per diem allowance, a Member must submit a Long-term vehicle or conveyance rental payments may be made from all voucher showing the date, the legislative activity in which the Member accounts except (3) and (6). Authorized accounts are: was engaged on that date, and the location of the activity. (1) Appropriations Committee Accounts. (b) Actual Expenses of a Member or an Employee. (2) Senators' Legislative Accountable Expense Accounts. For payment of actual expenses, a Member or employee must sub- (3) Senators' Mileage and Expense Accounts for "session mit a voucher showing the date, amount, place and the legislative activ- mileage" travel. ity in which the Member or employee was engaged and must submit a (4) Incidental Expense Account. vendor or credit card receipt or invoice for each item exceeding $10. (5) Caucus Operations Accounts. 9. Authorized Accounts. (6) Committee and Contingent Expenses Accounts. (a) Attendance at Sessions. III. MEALS AND LODGING Payments shall be made from the Incidental Expense Account for 1. General. authorized Per Diem Allowances only for attendance at sessions of the A Member may receive payments attributable to ordinary and nec- Senate during which roll call votes are recorded. essary expenses for meals, lodging and incidental items provided that (b) Authorized Accounts. the Member is engaged in the performance of legislative duties. De- Payment may be made from the following accounts for other autho- pending on the nature and location of the activity, as explained below, rized per diem, meal and lodging claims: payments may be made in one of the following forms: per diem allow- (1) Appropriations Committee Accounts. ance; reimbursement for actual costs incurred; or, in the case of lodging (2) Senators' Legislative Accountable Expense Accounts. rental payments, a combination of partial per diem allowance and reim- (3) Incidental Expense Account. bursement of the cost of lodging rental. (4) Caucus Operations Accounts. 2. Per Diem Allowance. (5) Committee and Contingent Expenses Accounts. (a) Per Diem Entitlement. IV. EQUIPMENT AND FURNISHING CONTROL A Member is entitled to receive a per diem allowance for each day AND INVENTORY the Member is in the performance of legislative duties while in the Har- 1. Purchases, Improvements, Renovations. risburg area (defined as within Dauphin County or otherwise within a The Office of the Chief Clerk shall act as the sole agent for im- 10-mile radius of the Capitol) or elsewhere in the Commonwealth but provements or renovations to Senate facilities at the Capitol Complex away from home. Specific legislative duties include attendance at ses- and for the purchase, rental, control and inventory of durable equip- sions of the Senate, attendance at official committee meetings and par- ment, furniture and furnishings with a useful life of one year or more ticipation in all other activities necessary or appropriate to the carrying and a cost greater than the limit established by the Committee on Man- out of the responsibilities of the Member. Payment of a per diem allow- agement Operations for utilization in both the Capitol and District Of- ance is authorized only when the legislative duties performed by the fices. Nonrecoverable items including, but not limited to, carpeting, Member occur more than 50 miles from the Member's residence. draperies and air conditioners for use in and improvements or renova- (b) Types of Per Diem Allowance. tions to district office facilities shall be purchased pursuant to standards (1) Full Per Diem. A full per diem allowance not to exceed developed by the Senate Committee on Management Operations. The such amount as maybe established by the Senate Committee on Chief Clerk shall serve as the sole agent for the purchase of United Management Operations may be claimed as an allowance for meals States and Pennsylvania flags. and lodging. 2. Approval of Purchase or Rental. (2) Partial Per Diem. When the per diem entitlement derives All requests for the purchase or rental of such equipment, furniture from the performance in the Harrisburg area of the specified legis- and furnishings must be reviewed and approved by the Chief Clerk. lative duties set forth in Rule III.2.(a), a Member may receive a 3. Member/Officer Inventory. partial per diem allowance up to an amount established by the Sen- All approved requests shall be processed by the office of the Chief ate Committee on Management Operations for meals and inciden- Clerk, which shall maintain a full and current inventory of all durable tals. equipment, furniture and furnishings secured on behalf of a Member, 3. Actual Costs. Officer or employee of the Senate. A Member may claim actual costs for lodging, meals and other 4. Pricing and Service. incidental items incurred in the performance of legislative duties. Ex- The Chief Clerk shall take all necessary and reasonable steps to pense claims for costs of lodging, meals and other incidental expenses ensure that the purchase or rental of durable equipment, furniture and incurred in the performance of legislative duties outside of the Com- furnishings with a useful life of one year or more and a cost greater than monwealth may be reimbursed on an actual expense basis or through a the limit established by the Committee on Management Operations shall per diem allowance. be transacted at the lowest available price for the quality, compatibility, 4. Employees' Travel. availability and service of the items being purchased or leased. If an employee is engaged in travel away from the normally as- 5. Dissemination of Literature. signed place of work necessary for the performance of official business, The Secretary of the Senate shall provide for the publication and the employee may be reimbursed for reasonable actual cost of lodging, dissemination of educational or informational literature pertaining to the meals and other incidental items. For rules regarding out-of-State travel, Senate of Pennsylvania, the Commonwealth of Pennsylvania or the see Rule XI. Government of the United States. 5. Payment From One Source. 6. Documentation Required. If a Member is entitled to a meal and lodging claim from more than (a) Request for Purchase or Rental Showing: one source for legislative business performed on behalf of more than (1) Date of request. 12 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

(2) Item requested. (2) Postage Account of Chief Clerk (for postage only). (3) By whom request made. (3) Senators' Legislative Accountable Expense Accounts. (4) Purpose. (4) Appropriations Committee Accounts, exclusive of office (5) Signature approvals. rental. (6) Record of Rule IV.4. actions taken. (5) Caucus Operations Accounts, exclusive of office rental. (b) Vendor's invoice or receipt detailing: (6) Committee and Contingent Expenses Accounts, exclusive (1) Date of purchase or rental. of office rental. (2) Vendor's identity. (7) Incidental Expense Accounts. (3) Description of item purchased or rented. VII. OFFICIAL EXPENSES (4) Length of rental contract when applicable. 1. General. (5) Cost and payment terms of the purchase or rental. While engaged in the performance of legislative duties, a Member, 7. Authorized Accounts. Officer or employee expressly authorized by a Member may claim ac- (a) Legislative and Printing Expense Account as provided in Gen- tual expenses as set forth below. eral Appropriations Act. 2. Participation in Conferences and Seminars. (b) The account as provided in the General Appropriations Act for Expenses, such as registration fees, incurred in participating in the purchase of flags. legislative conferences and seminars may be claimed. Related travel (c) Senators' Legislative Accountable Expense Accounts for the expenses incurred are discussed in Rule II. Related meals and lodging purchase of flags and for the rental of durable equipment, furniture and expenses incurred are discussed in Rule III. furnishings. 3. Conducting Meetings. V. DISTRICT OFFICE EXPENSES Expenses attributable to conducting legislative meetings may be I. Authorized Expenses. claimed. Such expenses may include: food and refreshment, meeting Expenses authorized shall include: room rental, and incidental items. (a) Aggregate office rental in accordance with policies as may be 4. Official Entertainment. established by the Senate Committee on Management Operations. Expenses incurred in connection with official entertainment may be Whenever a Member or any of his immediate family has an equity inter- claimed. Such expenses may include: meals, refreshments, and related est in a district office, the Chief Clerk shall obtain an independent ap- items which are ordinary to the performance of a Member's legislative praisal of the office rental cost. duties, and for which there is a legislative purpose. In general, these (b) Insurance entertainment expenses will be incurred during, immediately preceding (c) Printing services. or immediately following a substantial and bona fide legislative busi- (d) Telephone and answering services. ness discussion. (e) Postage and mailing services. 5. Documentation. (f) Publications and subscriptions. (a) Participation in Conferences and Seminars. (g) Nondurable supplies. Vouchers shall show the amount, date, place and legislative pur- (h) Member, employee and visitor parking. pose. Registration or other receipts must be attached. (i) Janitorial maintenance and cleaning services. (b) Conducting Meetings. (j) Utility services. Vouchers shall show or reference to records which show the (k) Other items authorized for expenses as defined in the General amount, date, place and legislative purpose. Restaurant, hotel, or credit Appropriations Act and policies of the Senate Committee on Manage- card receipt or invoices must be attached. ment Operations. (c) Official Entertainment. 2. Documentation Required. Vouchers shall show or reference to records which show the A copy of the district office lease indicating the amount and pay- amount, date, place, legislative purpose and if claimed by a Member, the ment terms shall be maintained in the office of the Chief Clerk. Vouch- portion of the amount attributable to his entertainment expense. Restau- ers shall appropriately document expenses and legislative purpose for rant, hotel or credit card receipt or invoices must be attached. each expenditure. Receipts or invoices shall be included for all expendi- (d) Claims by Nonofficer Employees. tures in excess of $25 per occurrence. Vouchers involving any official expenses claimed by nonofficer 3. Authorized Accounts. employees shall reflect the formal authorization by a Member. Accounts authorized include: 6. Authorized Accounts. (1) Senators' Legislative Accountable Expense Accounts. Payments shall be made from the following accounts: (2) Chief Clerk Employees' Salary and Expense Account. (1) Appropriations Committee Accounts. (3) Legislative and Printing Expense Account. (2) Incidental Expense Account. VI. CAPITOL OFFICE EXPENSES (3) Caucus Operations Accounts. 1. Types of Expenses Authorized. (4) Committee and Contingent Expenses Accounts. Expenses authorized shall include: (5) Senators' Legislative Expenses Accounts. (1) Utility services. VIII. SPECIAL EXPENSES (2) Insurance. 1. Authorized Expenses. (3) Printing services. Expenses authorized include: (4) Telephone and answering services. (a) Flowers, baskets of fruit or other appropriate items or memorial (5) Postage and mailing services. contributions to designated charities not to exceed $35 or such other (6) Publications and subscriptions. amount as may be established by the Senate Committee on Management (7) Nondurable supplies. Operations. Recipients are limited to instances of death or illness for (8) Employee parking. Members, Officers, employees or their immediate families, or former (9) Janitorial maintenance and cleaning services. Members or their immediate families or dignitaries including both in- (10) Other items authorized for expenses as defined in the cumbent or former elected or appointed officials or their immediate General Appropriations Act. families. 2. Documentation Required. (b) Rental of common carrier and other expenditures inherent Documentation required shall include vouchers appropriately docu- thereto for attendance at funerals of a Member or members of a Mem- menting expenses and legislative purpose for each expenditure. Receipts ber's immediate family, former Members, dignitaries, or Officers. or invoices shall be included for all expenditures in excess of $25 per 2. Documentation Required. occurrence. Documentation required shall include a receipt or vendor invoice 3. Authorized Accounts. showing: recipient, instance, description of items delivered, date deliv- Accounts authorized include: ered and cost. (1) Legislative Printing and Expense Account. 3. Authorized Accounts. 2009 LEGISLATIVE JOURNAL - SENATE Ilk]

Payment shall be made only from Contingent Expense Accounts or of the employee, the compensation of the employee, and the name of the the Incidental Expense Account. Member or Officer for such employee. For individuals holding purchase IX. MISCELLANEOUS EXPENSES OF STANDING of service contracts with the Senate, the list shall contain the name of AND SPECIAL COMMITTEES the contractor, the address of the contractor, a statement of the nature of 1. Committee Proceedings. the duties of the contractor, and the fee of the contractor as well as the Rental of meeting rooms and hearing facilities and payments to name of the Member or Officer responsible for monitoring the perfor- qualified court reporters or stenographers to record the proceedings mance of the contractor. authorized by the chairman of a standing or special committee of the (b) The list shall be submitted by February 1, for the quarter end- Senate, including the cost of transcripts. Witnesses served with a sub- ing December 31; by May 1, for the quarter ending March 31; by Au- poena to testify before such proceedings shall be paid witness fees and gust 1, for the quarter ending June 30; and by November 1, for the quar- travel expenses as provided by Section 5903 of the Judicial Code. ter ending September 30. Said list shall also be updated on a monthly 2. Printing and Mailing. basis including additions and deletions and shall be available for public Committee printing and mailing costs for mailings relating to legis- inspection in the office of the Chief Clerk. lative business. 2. Public Inspection of Vouchers and Requisitions. 3. Publications and Subscriptions. All vouchers and requisitions relating to all expenditures, expenses, Publications and subscriptions. disbursements and other obligations out of all appropriated funds of the 4. Documentation Required. Senate shall be available for public inspection in accordance with the Vouchers or vendors receipts or invoices stating vendor's name, act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know services or amount of postage, date, place, and total amount due or paid. Law. Payroll and independent contractor records of the Senate shall also Postage purchases shall require a receipt stamped by the Postmaster. be made available for public inspection in accordance with the Right-to- 5. Authorized Accounts. Know Law. Accounts authorized include: 3. Photocopies of Records. (1) Appropriations Committee Accounts. Photocopies of financial records maintained in the Office of the (2) Caucus Operations Accounts. Chief Clerk shall be made available in accordance with the act of Febru- (3) Committee and Contingent Expenses Accounts. ary 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. X. COMMITTEE ON MANAGEMENT OPERATIONS 4. Monthly Accounting of Other Disbursements. 1. Duties. For any appropriation to any Officer or Member for which the In addition to duties imposed by law or otherwise by these rules, records are not maintained in the office of the Chief Clerk, the Officer the duties of the Senate Committee on Management Operations shall be: or Member receiving the appropriation shall monthly file with the Chief (1) To arbitrate a decision of the Secretary or Chief Clerk of Clerk an accounting of all disbursements made from the fund which the Senate relating to these Rules, in the event that a Member, Offi- shall include a separate listing for each expenditure and the address of cer or employee shall disagree with a decision of the Secretary or the payee and which shall include as a minimum the information re- Chief Clerk of the Senate. quired for public review by this section. Such accounting shall be filed (2) To make a final decision in case of a dispute on a question monthly in the office of the Chief Clerk not later than 15 days after the of legislative intent or legislative purpose regarding an expenditure. end of the month. Such accounting shall be open for public inspection (3) To make a continuing review of these Rules as to expendi- as in the case of other records provided for herein. tures and the reporting of expenditures, and, from time to time, to XIII. PERSONNEL POLICIES make such recommendations as are appropriate. 1. Preparation of Rules and Regulations. 2. Records. The Senate Committee on Management Operations created pursu- A record of the committee's decisions shall be maintained. The ant to Section 1.1 of Act No. 417 of 1967 is authorized to prepare and Chief Clerk shall be responsible for maintaining such records. adopt rules and regulations for uniform personnel policies and proce- XI. OUT-OF-STATE TRAVEL dures, job specification and pay plans including periodic increments for 1. Request for Approval. Senate Officers and employees. No nonmember Officer of the Senate or any employee of any non- 2. Approval of Rules and Regulations. member Officer shall be reimbursed nor shall any of his or her expenses Each such rule or regulation or any amendment thereto shall be be paid for any travel outside the Commonwealth unless such travel has prepared in resolution form and shall be placed on the Senate calendar been approved by a majority of the membership of the Committee on for final approval or disapproval. The committee may when approved Management Operations. All requests for such approval shall be made by at least five Members of the committee including both Floor Leaders to the Chief Clerk, and shall include information relating to the destina- implement such rules and regulations pending final Senate consider- tion, the estimated cost of such travel, the number of days involved, and ation of them. Such resolution shall have the force and effect of law in the relationship that the travel has to the duties of the Officer or em- accordance with its terms when it has been approved by the full Senate. ployee making the request. In the case of an employee, the request shall XIV. ACCOUNTING AND OPERATIONS MANUAL also be approved by the Officer. 1. Preparation and Approval. 2. Filing of Request. The Chief Clerk shall prepare an Accounting and Operations Man- All such requests, whether approved or disapproved, shall be filed ual with separate sections applicable to Members and their employees with the office of the Chief Clerk and shall be made available for public and fund custodians. This Manual shall be submitted to the Senate information on request to the Office of the Chief Clerk. Committee on Management Operations for its approval. 3. Time Limit for Filing. 2. Distribution. A copy of any request for reimbursement or for the payment of any Upon approval applicable sections of the Accounting and Opera- expenses relating to out-of-state travel by a Member or employee as- tions Manual shall be distributed to all Members and Officers. A com- signed to a Member shall be filed with the Office of the Chief Clerk plete manual shall be forwarded to the Legislative Audit Advisory Com- within 30 days of such travel. Copies of these requests shall be made mission. available for public information on request of the Office of the Chief 3. Maintenance and Updating. Clerk. The Chief Clerk shall be responsible for maintaining and updating XII. LIST OF EMPLOYEES; DOCUMENT ACCESS this manual as a result of revisions or amendments promulgated by the 1. Publication and Distribution. Senate Committee on Management Operations. (a) The Chief Clerk shall have published quarterly and shall mail XV. DURATION TO RULES to each Member's residence a listing of all employees of the Senate or These rules shall be in full force and effect until altered, changed, any of its Officers, Committee Chairmen, and Members and all persons amended or repealed as provided herein. holding purchase of service contracts with the Senate or any of its Offi- XVI. CHANGES TO RULES cers, Committee Chairmen and Members. The list for employees shall The consent of a majority of the Senators elected shall be necessary contain the full name of the employee, county of residence, the job title to alter, change or amend these rules. 14 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

XVII. PROCEDURE FOR CHANGING RULES to elect a President Pro Tempore. Except at the beginning and close of All alterations, changes or amendments to these rules shall be by each regular session, the Senate shall only elect a President Pro Tem- resolution which shall not be considered until first referred to and re- pore when the office has become vacant and the vote of the majority of ported from the Committee on Rules and Executive Nominations. the Members elected shall be required to vacate the office of a seated President Pro Tempore. Senators PILEGGI and MELLOW, by unanimous consent, V DUTIES OF PRESIDENT PRO TEMPORE offered I. The President Pro Tempore shall: Senate Resolution No. 3, which was read, considered, (a) Appoint the Chairmen, Vice-Chairmen and members of the and adopted by voice vote: Standing Committees of the Senate as soon after the election of the President Pro Tempore as possible. A Resolution providing for the Rules of the Senate for the 193rd (b) Appoint members to special committees whenever authorized. and 194th Regular Session. (c) Fill all vacancies occurring in standing and special committees. (d) Refer to the appropriate standing committee, every bill and RESOLVED, That the following be adopted as the Rules of the joint resolution which may be introduced in the Senate or received from Senate for the governing of the 193rd and 194th Regular Session. the House of Representatives. Such referral shall be at the President Pro (2009-2010) Tempore's convenience but not later than the succeeding legislative day. RULES OF THE SENATE OF PENNSYLVANIA (e) Appoint and have under the President Pro Tempore's direction I SESSIONS such Senate employees as are authorized by law. Regular and Special (f) Vote last on all questions when occupying the Chair. 1. The General Assembly shall be a continuing body during the 2. The President Pro Tempore may: term for which its Representatives are elected. It shall meet at twelve (a) Name any Senator to preside in the absence of the President, or o'clock noon on the first Tuesday of January each year. Special sessions if both the President and President Pro Tempore are absent the Majority shall be called by the Governor on petition of a majority of the Members Leader, or the Majority Leader's designee, shall preside. The Majority elected to each House or may be called by the Governor whenever in his Leader, during such time, shall be vested with all powers of the Presi- opinion the public interest requires. (Const. Art. 2, Sec. 4) dent. This authority shall not extend beyond a day's adjournment. Weekly VI OTHER OFFICERS 2. The Senate shall convene its weekly sessions on Monday, unless 1. Each House shall choose its other officers. (Const. Art. 2, Sec. the Senate shall otherwise direct. 9) II PRESIDENT VII DUTIES OF THE SECRETARY-PARLIAMENTARIAN The Lieutenant Governor shall be President of the Senate. (Const. I. At the beginning of each regular session convening in an odd- Art. 4, Sec. 4) numbered year and at other times as may be necessary, the Senate shall III DUTIES OF THE PRESIDENT elect a Secretary-Parliamentarian of the Senate. 1. The President shall: 2. The Secretary-Parliamentarian of the Senate shall: (a) Take the chair on every legislative day precisely at the hour to (a) Assist the presiding officer in conducting the business of the which the Senate stands adjourned, immediately call the Senators to session. order, and on the appearance of a quorum proceed with the Order of (b) Act in the capacity of Parliamentarian. Business of the Senate. 3. The Secretary-Parliamentarian of the Senate shall, subject to the (b) While in session have general direction of the Senate Chamber. direction of the President Pro Tempore: It shall be the President's duty to preserve order and decorum, and, in (a) Direct the following functions: (1) amending bills in the Senate; case of disturbance or disorderly conduct in the Chamber or galleries, (2) preparing and publishing the Senate Calendar; (3) publication of the may cause the same to be cleared. When in the President's opinion there Senate History. (4) numbering Senate bills as they are introduced and arises a case of extreme disturbance or emergency the President shall, causing them to be distributed to the chairman of the committee to with the concurrence of the President Pro Tempore, the Majority and which they are referred and receiving a receipt for same; (5) printing of Minority Leaders, adjourn the Senate. Such adjournment shall not ex- bills. tend beyond the limitation imposed by Article 2, Section 14 of the Con- (b) Keep a record of the Senate action on a bill on a special record stitution. sheet attached to the bill after it has been reported from committee. (c) During debate, prevent personal reflections and confine Sena- (c) Transmit all bills, joint resolutions, concurrent resolutions and tors, in debate, to the question. appropriate memorials to the House of Representatives within twenty- (d) Decide, when two or more Senators arise, who shall be first to four hours of final passage, and each shall be accompanied by a mes- speak. sage stating the title to the measure being transmitted and requesting (e) In the presence of the Senate, within one legislative day after concurrence of the House. receipt or adoption, sign all bills and joint resolutions which have (d) Attest all writs, warrants and subpoenas issued by order of the passed both Houses after their titles have been read. Senate; certify as to the passage of Senate Bills and the approval of (f) Sign resolutions, orders, writs, warrants and subpoenas issued executive nominations. by order of the Senate. The signature shall be attested by the Secretary- (e) Be in charge of the Senate Library and assist Senators by mak- Parliamentarian of the Senate, or, if absent, by the Chief Clerk; and the ing reference material available to them. Perform any duties assigned to the Senate Librarian by any fact of signing shall be entered in the Journal. (f) (g) Decide all points of order, subject to appeal, giving, however, statute. Supervise the Chief Sergeant-at-Arms, the Senate Bill Room, any Member called to order the right to extenuate or justify. Debate (g) the Senate Print Shop, the Official Reporter's Office and the Senate shall not be permitted unless there be an appeal from a decision of the President in which event the President shall submit the question to the Page Service. 4. The Secretary-Parliamentarian of the Senate shall post each roll whole Senate for decision. The President shall submit points of order call vote taken in the Senate on the Internet website maintained by the involving the constitutionality of any matter to the Senate for decision. Senate immediately, but in no case later than 24 hours after the vote. Questions of order submitted to the Senate may be debated. Each roll call vote shall be posted in a manner which clearly identifies IV PRESIDENT PRO TEMPORE the bill, resolution or other subject of the vote. 1. (a) The Senate shall, at the beginning and close of each regular 5. The Secretary-Parliamentarian of the Senate shall post the Legis- session and at such other times as may be necessary, elect one of its lative Journal of the Senate on the Internet website maintained by the Members President Pro Tempore, who shall perform the duties of the Senate upon approval of the Journal or within 45 calendar days of each Lieutenant Governor in any case of absence or disability of that officer, session day, whichever is earlier. If the Secretary-Parliamentarian posts and whenever the office of Lieutenant Governor shall be vacant. (Const. the Legislative Journal on the Internet website prior to Senate approval, Art. 2, Sec. 9) the copy shall be marked "Official Reporter's Document." (b) The vote of a majority of the Members voting shall be required 2009 LEGISLATIVE JOURNAL - SENATE 15

VIII DUTIES OF THE CHIEF CLERK Special Order of Business 1. At the beginning of each regular session convening in an odd- 2. Any subject may, by a vote of a majority of the Members pres- numbered year and whenever necessary, the Senate shall elect a Chief ent, be made a special order; and when the time so fixed for its consid- Clerk of the Senate. eration arrives, the presiding officer shall lay it before the Senate. 2. The Chief Clerk shall be the chief fiscal officer of the Senate and XI ORDER AND DECORUM shall perform those duties prescribed in section 2.4 of the act of January Recognition 10, 1968 (1967 P.L.925, No.417), referred to as the Legislative Officers 1. Any Senator who desires to speak or deliver any matter to the and Employes Law. In addition the Chief Clerk, subject to the direction Senate shall rise and respectfully address the presiding officer as "Mr. of the President Pro Tempore, shall perform those powers and duties President" or "Madam President," and on being recognized, may ad- prescribed in the Financial Operating Rules of the Senate. In the ab- dress the Senate preferably at a microphone conveniently located on the sence of the Secretary-Parliamentarian, the Chief Clerk shall, subject to floor, and shall confine remarks to the question under debate, avoiding the direction of the President Pro Tempore, attest all writs, warrants and personalities. subpoenas issued by order of the Senate and shall certify as to the pas- Speaking Out of Order sage of Senate Bills and the approval of executive nominations. 2. If any Senator, in speaking or otherwise shall transgress the IX DUTIES OF THE SERGEANT-AT-ARMS Rules of the Senate, the President shall, or any Senator may through the 1. The Chief Sergeant-at-Arms shall: chair, call that Senator to order. (a) Be constantly in attendance during the sessions of the Senate Speaking More than Once except when absent in discharging other duties. 3. No Senator shall speak more than once on one question, to the (b) Have charge of and direct the work of the Assistant Sergeant- prevention of any other who has not spoken and is desirous to speak; at-Arms. nor more than twice without leave of the Senate. (c) Serve all subpoenas and warrants issued by the Senate or any Decorum duly authorized officer or committee. 4. While the President is putting a question, no Member shall (d) Maintain order, at the direction of the presiding officer, in the walk out or across the hall, nor when a Senator is speaking pass between Senate Chamber and adjoining rooms. the Senator and the chair, and during the session of the Senate no Sena- (e) See that no person, except those authorized to do so, disturbs tor shall remain at the clerk's desk during the calling of the roll or the or interferes with the desks of the Senators or officers, or with books, tabulating thereof. papers, etc., thereat. Smoking (f) Exclude from the floor all persons not entitled to the privilege 4.1. No smoking of cigarettes, cigars, pipes and other tobacco of the same. products shall be allowed in the Hall of the Senate. (g) Have charge of all entrances to the Chamber during the ses- Order and Privilege sions of the Senate and shall see that the doors are properly attended. 5, No Senator speaking shall be interrupted by another except by (h) Announce, upon recognition by the presiding officer, all impor- a call to order, or by a question of privilege, or by a call for the previous tant messages and committees. question, without the consent of the Senator speaking, and no Senator (i) Escort the Senate to all Joint meetings with the mace. shall speak on a question after it is put to a vote. 0) Escort the Senate Committee appointed to attend funeral ser- Questions of Order vices of members or former members of the Senate with the mace. 6. The presiding officer shall decide all questions of order, sub- X ORDER OF BUSINESS ject to appeal by any member. No debate shall be allowed on questions 1. The Order of Business to be observed in taking up business shall of order, unless there be an appeal. A second point of order on the same be as follows: general subject, but not the same point, is not in order while an appeal First Call to Order. is pending, but when the first appeal is decided, laid on the table or Second Prayer by the Chaplain and Pledge of Allegiance. otherwise disposed of, the second point of order is in order and is sub- Third Reading of Communications. ject to appeal. While an appeal is pending no other business is in order. Fourth Receiving reports of committees. It is within the discretion of the presiding officer as to whether to vacate Fifth Reading of bills in place at which time they shall not the chair on an appeal. be subject to debate or remarks. All bills in place Question When Interrupted shall be accompanied by four copies of the same. 7. A question regularly before the Senate can be interrupted only Bills not introduced at this time will be accepted and by a call for the previous question, for amendment, postponement, to lay will be referred to committee and processed not later on the table, commitment, recess or adjournment. than the next succeeding legislative day. XII MOTIONS Sixth Offering of original resolutions. Putting a Motion Seventh Asking of leaves of absence. No Senator shall absent 1. When a motion is made, it shall, before debate, be stated by the himself without leave of the Senate, first obtained, President. Every motion made to the Senate and entertained by the unless prevented from attendance by sickness, or President shall be reduced to writing on the demand of any member, and other sufficient cause. shall be entered on the Journal with the name of the Senator making it. Eighth Consideration of the Calendar. Any bill or resolution A motion may be withdrawn by the Member making it before amend- on the Calendar not finally acted upon within ten leg- ment, postponement, an order to lie on the table, or decision. islative days shall be recommitted to the committee Precedence of Motions which reported the same to the Calendar; any bill or 2. Motions shall take precedence in the following order: resolution on the Calendar which cannot, by its sta- 1. Adjourn. tus, be recommitted shall be removed from the Calen- 2. Previous question. dar and laid on the table, unless the Senate shall oth- 3. Recess. erwise direct. 4. Privilege. Ninth Consideration of Executive Nominations. 5. Orders of the day. Tenth Approval of Journals of preceding session days. 6. Lay on the table. Eleventh Unfinished Business. Reports of Committees. Con- 7. Limit, close or extend limit on debate. gratulatory and condolence resolutions. 8. Postpone. Twelfth First consideration of bills reported from committee, 9. Commit or recommit. which, at this time, shall not be subject to amend- 10. Amend. ment, debate or a vote thereon. 11. Main motion. Thirteenth Introduction of Petitions and Remonstrances. Non-Debatable Motions Fourteenth Announcements by the Secretary-Parliamentarian. 3. Non-debatable motions are: Fifteenth Adjournment. 1. Adjourn or recess. 16 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

2. Previous question. 1. (a) No law shall be passed except by bill, and no bill shall be 3. Lay on table. so altered or amended, on its passage through either House, as to change 4. Orders of the day. its original purpose. (Const. Art. 3, Sec. 1) 5. Limit, close or extend limit on debate. (b) No alteration or amendment shall be considered which is not Motions Which Permit Limited Debate appropriate and closely allied to the original purpose of the bill. If a bill 4. On the motion to postpone, the question of postponement is has been amended after being reported by the Appropriations Commit- open to debate, but the main question is not. tee and if the amendment may require the expenditure of Common- 5. The motion to commit or recommit to committee is debatable wealth funds or funds of a political subdivision or cause a loss of reve- as to the propriety of the reference, but the main question is not open to nue to the Commonwealth or a political subdivision, the bill may not be debate. voted on final passage until a fiscal note reflecting the impact of the 6. The motion to amend is debatable on the amendments only and amendment has been attached. does not open the main question to debate. Reference and Printing Seconding Motions 2. No bill shall be considered unless referred to a committee, 7. All motions except for the previous questions (which shall be printed for the use of the members and returned therefrom. (Const. Art. moved by not less than four Senators) may be made without a second. 3, Sec. 2) Adjournment and Convening Form of Bills 8. (a) A motion to adjourn shall always be in order, excepting 3. No bill shall be passed containing more than one subject, when on the call for the previous question, the main question shall have which shall be clearly expressed in its title, except a general appropria- been ordered to be now put, or when a Member has the floor and shall tion bill or a bill codifying or compiling the law or a part thereof. be decided without debate. (Const. Art. 3, Sec. 3) (b) A motion to adjourn, adopted and not having a reconvening Consideration of Bills time, the Senate will meet the following day at 10:00 a.m. 4. Every bill shall be considered on three different days in each (c) The Senate shall not convene earlier than 8:00 a.m. unless the House. All amendments made thereto shall be printed for the use of the Senate adopts a motion that sets forth the need to convene earlier than members before the final vote is taken on the bill and before the final 8:00 a.m. vote is taken, upon written request addressed to the presiding officer of (d) The Senate shall not adjourn later than 11:00 p.m. each ses- either House by at least twenty-five per cent of the Members elected to sion day unless the Senate adopts a motion that sets forth the need to that House, any bill shall be read at length in that House. No bill shall adjourn later than 11:00 p.m. become a law, unless on its final passage the vote is taken by yeas and Motion for Previous Question nays, the names of the persons voting for and against it are entered on 9. Pending the consideration of any question before the Senate, the Journal, and a majority of the Members elected to each House is a Senator may call for the previous question, and if seconded by four recorded thereon as voting in its favor. (Const. Art. 3, Sec. 4) Senators, the President shall submit the question: "Shall the main ques- Local and Special Bills tion now be put?" If a majority vote is in favor of it, the main question 5. No local or special bill shall be passed unless notice of the shall be ordered, the effect of which shall cut off all further amendments intention to apply therefor shall have been published in the locality and debate, and bring the Senate to a direct vote first upon the pending where the matter or the thing to be effected may be situated, which amendments and motions, if there be any, then upon the main proposi- notice shall be at least thirty days prior to the introduction into the Gen- tion. The previous question may be ordered on any pending amendment eral Assembly of such bill and in the manner to be provided by law; the or motion before the Senate. evidence of such notice having been published, shall be exhibited in the Motion to Lay on Table General Assembly, before such act shall be passed. (Const. Art. 3, Sec. 10. The motion to lay on the table is not debatable and the effect 7) of the adoption of this motion is to place on the table the pending ques- Revenue Bills tion and everything adhering to it. Questions laid on the table remain 6. All bills for raising revenue shall originate in the House of there for the entire session unless taken up before the session closes. Representatives, but the Senate may propose amendments as in other Motion to Take from Table bills. (Const. Art. 3, Sec. 10) 11. A motion to take from the table, a bill or other subject, is in Appropriation Bills order under the same order of business in which the matter was tabled. 7. (a) The general appropriation bill shall embrace nothing but It shall be decided without debate or amendment. appropriations for the executive, legislative and judicial departments of Reconsideration the Commonwealth, for the public debt and for public schools. All other 12. When a question has once been made and carried in the affir- appropriations shall be made by separate bills, each embracing but one mative or negative, it shall be in order to move the reconsideration subject. (Const. Art. 3, Sec. 11) thereof. When the Senate has been equally divided on a question, or a (b) No appropriation shall be made for charitable, educational or bill shall have failed to pass, by reason of not having received the num- benevolent purposes to any person or community nor to any denomina- ber of votes required by the Constitution, it shall be in order to move the tion and sectarian institution, corporation or association: Provided, That reconsideration thereof. appropriations may be made for pensions or gratuities for military ser- Provided, however, that no motion for the reconsideration of any vice and to blind persons twenty-one years of age and upwards and for vote shall be in order after a bill, resolution, report, amendment or mo- assistance to mothers having dependent children and to aged persons tion upon which the vote was taken shall have gone out of the posses- without adequate means of support and in the form of scholarship grants sion of the Senate. or loans for higher educational purposes to residents of the Common- Provided, further, that no motion for reconsideration shall be in wealth enrolled in institutions of higher learning except that no scholar- order unless made on the same day on which the vote was taken, or ship, grants or loans for higher educational purposes shall be given to within the next five days of actual session of the Senate thereafter. persons enrolled in a theological seminary or school of theology. A motion to reconsider the same question a third time is not in (Const. Art. 3, Sec. 29) order. Identical bills cannot be considered at the same session. Charitable and Educational Appropriations When a bill, resolution, report, amendment, order, or message, 8. No appropriation shall be made to any charitable or educa- upon which a vote has been taken, shall have gone out of the possession tional institution not under the absolute control of the Commonwealth, of the Senate and been communicated to the House of Representatives other than normal schools established by law for the professional train- or to the Governor, the motion to reconsider shall not be in order until ing of teachers for the public schools of the State, except by a vote of a resolution has been passed to request the House or Governor to return two-thirds of all the members elected to each House. (Const. Art. 3, Sec. the same and the same shall have been returned to the possession of the 30) Senate. Land Transfer Legislation XIII BILLS 8.1. No bills granting or conveying Commonwealth land or tak- Passage of Bills ing title thereto shall be reported by any committee of the Senate unless 2009 LEGISLATIVE JOURNAL - SENATE 17 there has been filed with the Secretary-Parliamentarian and the Chair- and any other State agency as may be necessary. man of the Reporting Committee, a memorandum from the Department 17. (a) It shall not be in order, by suspension of this Rule or of General Services indicating the use to which the property is presently otherwise, to consider a bill on final passage unless it is printed, to- employed, the full consideration for the transfer, if any, a departmental gether with amendments, if any, and placed on the desks of the Sena- appraisal of the property, including its valuation and a list of recorded tors. liens and encumbrances, if any, the use to which the property will be (b) No bill amended on third consideration may be voted on final employed upon its transfer, the date by which the land is needed for its passage until at least six hours have elapsed from the time of adoption new use, and the senatorial district or districts in which the land is lo- of the amendment. cated. The memorandum shall be filed within 60 days after a request is Appropriation Bills for Charitable Purposes made for same and contain a statement by a responsible person in the 18. No bills appropriating money for charitable or benevolent Department of General Services indicating whether or not the depart- purposes shall be considered finally until after the general appropriation ments involved favor the transfer which is the subject of the bill under bill shall have been reported from committee. consideration. Pre-Filing Consideration - Second Regular Session 19. Senators may, on days when the Senate is not in session or in 9. All bills, joint resolutions, resolutions, concurrent resolutions, the period between sine die adjournment of a First Regular Session and or other matters pending before the Senate upon the adjournment sine the convening of a Second Regular Session, introduce bills, joint resolu- die of a first regular session convening in an odd-numbered year shall tions and resolutions by filing the same with the Secretary-Parliamentar- maintain their status and be pending before a second regular session ian of the Senate. The Secretary-Parliamentarian of the Senate shall convening in an even-numbered year but not beyond adjournment sine notify the President Pro Tempore of the fact of such filing. The Presi- die or November 30th of such year, whichever first occurs. dent Pro Tempore shall refer the bills, joint resolutions and resolutions Introduction to the appropriate committees as soon as possible but not later than two 10. All bills shall be introduced in quintuplicate. A sponsor may weeks from the time of notification of filing. Upon referral, the be added after a bill has been printed but the addition of sponsors shall Secretary-Parliamentarian of the Senate shall deliver said bills, joint not require that the bill be reprinted. All bills shall be examined by the resolutions and resolutions to the committees to which they have been Legislative Reference Bureau for correctness as to form and shall be referred. The Secretary-Parliamentarian of the Senate shall have the imprinted with the stamp of the Bureau before being accepted by the bills, joint resolutions and resolutions printed for distribution and notifi- President for introduction. cation of such filing shall be given to the Members and news media in Character of Bills in Place - Et cetera the usual manner. 11. No Member shall read in place, nor shall any committee 20. Any Member of the Senate or Member-elect of the Senate report any bill for the action of the Senate, proposing to legislate upon may file bills with the Secretary-Parliamentarian of the Senate com- any of the subjects prohibited by Article III, section 32 of the Constitu- mencing on December 15 of each even-numbered year. The Secretary- tion; nor shall any bill be read in place or reported from a committee, Parliamentarian of the Senate shall number the bills in the order re- reviving, amending, extending or conferring the provisions of any law, ceived; print and distribute such measures; and, in the usual manner, by reference to its title only, but so much of the law as is revived, give notification of such filing to the Members and news media. amended, extended or conferred shall be reenacted and published at 21. Upon the naming of the committees of the Senate at the con- length by such bill. vening of a First Regular Session, the President Pro Tempore shall refer Reference to Committee by President Pro Tempore all pre-filed measures to the proper committee, announcing the number, 12. Every bill and joint resolution which may be introduced by sponsors and committee referred to the Senate. a Senator or which may be received from the House of Representatives, XIV AMENDMENTS shall, after being presented to the Chair, be referred by the President Pro When in Order Tempore to the appropriate committee, but not later than the succeeding 1. Amendments shall be in order when a bill is reported or re- legislative day. reported from committee, on second consideration and on third consid- Printing of Amended Bills eration. No amendments shall be received by the presiding officer or 13. All bills reported or re-reported from committee, if amended considered by the Senate which destroys the general sense of the origi- by the committee, and all bills on the Calendar, if amended by the Sen- nal bill, or is not appropriate and closely allied to the original purpose ate, shall be reprinted and a new printer's number assigned thereto be- of the bill. Any Member, upon request, must be furnished a copy of a fore any action is taken thereon. proposed amendment and be given a reasonable opportunity to consider Any bill or resolution re-reported from committee as amended same before being required to vote thereon. shall not be finally considered until it has appeared on the Senate Calen- 2. Amendments offered on the floor shall be read by the clerk and dar for two legislative days. Such bills shall appear under a separate stated by the presiding officer to the Senate before being acted upon. heading on the Senate Calendar. Amendments shall be presented in ten typewritten copies, the original First Consideration of which shall be signed by the Sponsor. No amendment may be consid- 14. Bills on first consideration shall not be subject to amendment, ered by the Senate until the Secretary-Parliamentarian of the Senate has debate or a vote thereon. posted the amendment on the Internet website maintained by the Senate. Second Consideration 3. Amendments to bills or other main motions or questions before 15. Bills on second consideration shall be subject to amendment, the Senate may be tabled. When an amendment proposed to any bill or debate and a vote thereon. other main motion or question before the Senate is laid on the table, it Third Consideration and Final Passage shall not carry with it or prejudice the bill, main motion or question. A 16. (a) Bills on third consideration may be amended and are motion to remove an amendment from the table shall only be in order subject to debate. Bills on final passage may not be amended but are if the bill or other main motion or question remains before the Senate open to debate. The vote on final passage shall be taken by a roll call for decision. The motion to remove an amendment from the table is not and the names of the Senators voting for and against recorded and en- debatable and shall have the same precedence as the motion to amend. tered in the Journal. No bill shall be declared passed unless a majority Amendments Reconsidering-Revert to Prior Print of all Senators elected to the Senate shall be recorded as voting for the 4. Amendments adopted or defeated may not be again considered same. without reconsidering the vote by which said amendments were adopted (b) No bill which may require an expenditure of Commonwealth or defeated, unless a majority vote of the Senators present shall decide funds or funds of any political subdivision or cause a loss of revenue to to revert to a prior printer's number. If such a motion is made to a bill the Commonwealth or any political subdivision shall be given third on third consideration and carried it shall not be in order to vote on the consideration on the Calendar until it has been referred to the Appropri- final passage of said bill until a copy of the reverted printer's number is ations Committee and a fiscal note attached thereto. placed on the Senators' desks. (c) In obtaining the information required by these Rules, the Concurrence in House Amendments Appropriations Committee may utilize the services of the Budget Office 5. (a) No amendments to bills by the House shall be concurred 18 LEGISLATIVE JOURNAL - SENATE JANUARY 6, in by the Senate, except by the vote of a majority of the Members herein. elected to the Senate, taken by yeas and nays. (Const. Art. 3, Sec. 5) Committees' Function Between Sessions (b) If a bill on concurrence contains an amendment which may 3. Permanent standing committees shall exist and function both require the expenditure of Commonwealth funds or funds of a political during and between sessions. Such power shall not extend beyond No- subdivision or cause a loss of revenue to the Commonwealth or a politi- vember 30th of any even-numbered year. cal subdivision, the bill may not be voted finally until a fiscal note re- Subcommittees flecting the impact of the amendment has been attached. 4. Each standing committee or the chairman thereof may appoint, (c) No bill on concurrence may be voted finally until at least six from time to time, a subcommittee to study or investigate a matter fall- hours have elapsed from the time of adoption of the amendment. ing within the jurisdiction of the standing committee or to consider a 6. (a) Any bill or resolution containing House amendments bill or resolution refer red to it. Subcommittees shall be regulated by the which is returned to the Senate shall be referred to the Committee on Senate Rules of Procedure and shall be in existence for only that time Rules and Executive Nominations immediately upon the reading of the necessary to complete their assignments and report to their standing message by the clerk. The consideration of any bill or resolution con- committees. Their reports, whether favorable or unfavorable, shall be taining House amendments may include the amendment of House considered by the standing committee. amendments by the Committee on Rules and Executive Nominations. Powers and Responsibilities The vote on concurring in amendments by the House to bills or resolu- 5. Permanent standing committees are authorized: tions amended by the House shall not be taken until said bills or resolu- (a) To maintain a continuous review of the work of the Common- tions have been favorably reported, as committed or as amended, by the wealth agencies concerned with their subject areas and the performance Committee on Rules and Executive Nominations and have been placed of the functions of government within each such subject area, and for on the desks of the Senators and particularly referred to on their calen- this purpose to request reports from time to time, in such form as the dars. standing committee or select subcommittee shall designate, concerning (b) Unless the Majority Leader and the Minority Leader shall the operation of any Commonwealth agency and presenting any pro- agree otherwise, the offering of an amendment to House amendments posal or recommendation such agency may have with regard to existing in the Committee on Rules and Executive Nominations shall not be in laws or proposed legislation in its subject area. The standing committee order until at least one hour after the filing of a copy of the amendment or subcommittee is authorized to require public officials and employees as prepared by the Legislative Reference Bureau with the office of the and private individuals to appear before the standing committee or sub- Secretary-Parliamentarian. Upon the filing of such an amendment, the committee for the purpose of submitting information to it. Secretary-Parliamentarian shall immediately time stamp the amendment (b) In order to carry out its duties, each standing committee or and forthwith forward a time-stamped copy of the amendment to the subcommittee is empowered with the right and authority to inspect and offices of the Majority Leader and the Minority Leader. Except as pro- investigate the books, records, papers, documents, data, operation, and vided in this subsection, it shall not be in order to suspend or otherwise physical plant of any public agency in this Commonwealth. waive the requirements of this subsection. (c) In order to carry out its duties, each standing committee or XV COMMITTEES subcommittee may issue subpoenas duces tecum and other necessary 1. There shall be the following permanent Standing committees, process to compel the attendance of witnesses and the production of any the Chairmen, the Vice-Chairmen and members thereof to be appointed books, letters or other documentary evidence desired by such commit- by the President Pro Tempore as soon as possible after his election in tee. The chairman may administer oaths and affirmations in the manner sessions convening in odd-numbered years or such other times as may prescribed by law to witnesses who shall appear before such committee be necessary. The composition of each Standing Committee shall rea- for the purpose of testifying in any matter about which such committee sonably reflect the party composition of the Senate membership. may desire evidence. Aging and Youth — 10 members Notice of Meetings Agriculture and Rural Affairs — 10 members 6. (a) The chairman of a committee or subcommittee, or, in the Appropriations — 23 members absence of the chairman, the vice-chairman with the approval of the Banking and Insurance — 13 members chairman, shall provide each Member of the committee with written Communications and Technology— 10 members notice of committee meetings, which shall include the date, time and Community, Economic and Recreational Development place of the meeting and the number of each bill which may be consid- 13 members ered. During session notice of meetings of standing committees may be Consumer Protection and Professional Licensure published in the daily Calendar. If notice of publication in the daily 13 members Calendar of standing committee or subcommittee meetings has been Education — 10 members ordered by a committee chairman such information shall be delivered Environmental Resources and Energy — 10 members to the Secretary-Parliamentarian's office in writing by the end of the Finance — 10 members session on the day preceding its intended publication. Game and Fisheries — 10 members (b) Whenever the chairman of any standing committee shall re- Judiciary — 13 members fuse to call a regular meeting, then a majority plus one of its members Labor and Industry — 10 members of the standing committee may vote to call a meeting by giving two Law and Justice — 10 members days' written notice to the Secretary-Parliamentarian of the Senate, Local Government — 10 members setting the time and place for such meeting. Such notice shall be read in Public Health and Welfare — 10 members the Senate and the same posted by the Secretary-Parliamentarian in the Rules and Executive Nominations — 16 members Senate. Thereafter, the meeting shall be held at the time and place speci- State Government — 10 members fied in the notice. In addition, all provisions of 65 Pa.C.S. Ch. 7 (relat- Transportation — 13 members ing to open meetings) relative to notice of meetings shall be complied Urban Affairs and Housing — 10 members with. Veterans Affairs and Emergency Preparedness (c) When the majority plus one of the members of a standing 10 members committee believe that a certain bill or resolution in the possession of Members-ex-officio the standing committee should be considered and acted upon by such 2. (a) The President Pro Tempore shall be an ex-officio voting committee, they may request the chairman to include the same as part Member of all standing committees and subcommittees and not included of the business of a committee meeting. Upon failure of the chairman to in the number of committee members herein provided except that the comply with such request, the membership may require that such bill be President Pro Tempore shall not be an ex-officio Member of the Com- considered by written motion made and approved by a majority plus one mittee on Ethics and Official Conduct. vote of the entire membership to which such committee is entitled. (b) The Majority Leader and the Minority Leader shall each be 7. A committee meeting, or hearing for which notice has not been an ex-officio member of the Committee on Appropriations and shall not published in the daily Calendar of standing committee or subcommittee be included in the number of members of the committee provided meetings as provided in section 6(a), may be held during a session only 2009 LEGISLATIVE JOURNAL - SENATE 19 if approval is granted by the Majority and Minority Leaders and if no- 2. The Chairman, or, if absent, the Vice-Chairman shall call the tice of the bills to be considered is given during session. committee to order at the hour provided by these Rules. Upon the ap- 8. Before any standing committee or subcommittee of the Senate pearance of a quorum, the committee shall proceed with the order of holds a meeting while the Legislature is in recess, a notice of said meet- business. Any member of the committee may question the existence of ing, stating date, time and place, shall be filed with the Secretary of the a quorum. Senate at least seven days prior thereto. The Chairman Control of the Committee Room Bills Recommitted 3. The Chairman or, if the Chairman is absent, the Vice-Chair- 9. Any bill or resolution reported by any standing committee man shall preserve order and decorum and shall have general control of without prior notice having been given as required by these Rules shall the committee room. In case of a disturbance or disorderly conduct in be recommitted to the committee reporting the same. the committee room, the Chairman or, if the Chairman is absent, the Public Meetings or Hearings Vice-Chairman may cause the same to be cleared. The use of any cellu- 10. (a) The chairman of a standing committee may hold hearings lar telephones or other disruptive devices within any Senate committee open to the public and in doing so shall make public announcement of room by other than members of the Senate or their staffs is strictly pro- the date, the place, and the subject matter of the hearing in ample time hibited. to permit participation by the public. All subcommittees may hold pub- Chairman's Authority to Sign Notices, etc. lic hearings with the permission of the parent standing committee. Decide Questions of Order (b) The chairman of a standing committee shall have the power 4. The Chairman shall sign all notices, vouchers, subpoenas or to designate whether or not a meeting of the committee for the purpose reports required or permitted by these Rules. The Chairman shall decide of transacting committee business shall be open to the public or shall be all questions of order relative to parliamentary procedure, subject to an held in executive session and therefore closed to the public, but no appeal by any Senator to the committee. matters may be considered in executive session for which an open meet- Vote of Chairman, Vice-Chairman ing is required under 65 Pa.C.S. Ch. 7 (relating to open meetings). 5. The Chairman and Vice-Chairman shall vote on all matters 11. All permanent standing committees, and with permission of before such committee provided that the name of the Chairman shall be the parent committee, subcommittees, may have their hearings reported called last. and transcribed if payment for such service is being made from commit- Temporary Designation of Alternate to Chairman tee funds. The chairman shall contact the Secretary-Parliamentarian to 6. The Chairman may name any member of the committee to make arrangements for such reporting and transcribing. However, if perform the duties of the Chair provided that such substitution shall not payment is expected to be made from a source other than committee extend beyond such meeting. In the Chairman's absence and omission funds, approval must be first obtained from the President Pro Tempore. to make such designation, the Vice-Chairman shall act during that ab- The President Pro Tempore shall notify the Secretary-Parliamentarian sence. of the Senate if permission is granted. Performance of Duties by Vice-Chairman Subcommittee Reports 7. Upon the death of the Chairman, the Vice-Chairman shall 12. It shall be the duty of a subcommittee to report all measures perform the duties of the office until and unless the President Pro Tem- referred to it directly to the parent standing committee. The subcommit- pore shall appoint a successor. Upon and during disability, or incapacity tee shall report all measures either (a) favorably, (b) favorably with of the Chairman, the Vice-Chairman shall perform the Chairman's du- amendments, or (c) unfavorably. ties. 13. Such reports shall also reflect (a) the time and place of the Chairman's Duty to Report meeting at which the action was taken, (b) the name and address of each 8. The Chairman shall report any bill to the floor of the Senate person (if any) addressing the committee relative to each measure and within four legislative days of the committee's vote to report it. the interest represented (proponent or opponent), and (c) the vote of XVII COMMITTEE MEMBERS each member of the subcommittee on the motion to report each mea- Members, Attendance, Voting sure. 1. Every member of a committee shall be in attendance during 14. A subcommittee may not report a bill directly to the Senate each of its meetings, unless excused or necessarily prevented and shall but must report it back to the parent committee, which in turn shall be vote on each question, except that no member of a committee shall be authorized to report to the Senate if it is so ordered. required or permitted to vote on any questions immediately concerning 15. When a bill with a favorable report by a subcommittee is that member's private rights as distinct from the public interest. considered by the parent committee, no additional testimony of wit- 2. The Chairman may excuse any Senator for just cause from nesses shall be permitted except upon vote of a majority of members of attendance during the meetings of the committee for any stated period, the parent committee as provided by these Rules. and such excused absence shall be noted on the records of such commit- Quorum of Committee tee. 16. A committee or subcommittee is actually assembled only 3. Any member of a committee who is otherwise engaged in when a quorum constituting a majority of the members of that commit- legislative duties may have the member's vote recorded on measures tee is present in person. A majority of the quorum of the whole commit- pending before the committee by communicating in writing to the chair- tee shall be required to report any measure to the floor for action by the man: (a) the nature of the legislative duties that prohibits the member's whole Senate. Any measure reported in violation of this Rule shall be attendance and; (b) the manner in which the member desires to be voted immediately recommitted by the President when it is called to the Presi- on such measures pending before the committee. dent's attention by a Senator. XVIII COMMITTEE VOTING Discharging Committees Taking the Vote 17. (a) No committee shall be discharged from consideration of 1. The Chairman shall declare all votes and said votes and the any measure within ten legislative days of its reference without unani- results thereof shall be open to the public. In all cases where the com- mous consent of the Senate or after such ten-day period except by ma- mittee shall be equally divided, the question shall be lost. jority vote of all Members elected to the Senate. 2. A vote in a standing committee to report a bill or resolution or (b) Such discharge shall be by resolution which shall lie over one a vote regarding an executive nomination shall be posted on the Internet day for consideration upon introduction and which shall be considered website maintained by the Senate within 24 hours. under the Order of Business of Resolutions. XIX MOTIONS IN COMMITTEES XVI COMMITTEE OFFICERS 1. All motions made in committee shall be governed and take the Chairman - Ex-officio same precedence as those set forth in these Rules. 1. The Chairman of each standing committee shall be ex-officio XX CONFERENCE COMMITTEES a member of each subcommittee which is part of the standing committee 1. The President Pro Tempore shall appoint three Senators to with the right to attend meetings of such subcommittees and vote on any comprise a Committee of Conference. Two shall be from the majority matter before such subcommittees. party and one from the minority party. Calling Committee to Order 2. The deliberations of the committee shall be confined to the 20 LEGISLATIVE JOURNAL - SENATE JANUARY 6, subject of difference between the two Houses, unless both Houses shall make a statement to that effect which shall be entered in the Journal. direct a free conference, and if their authority has been exceeded it shall Similarly, should the Senator be absent when a vote is taken on any be the duty of the presiding officer to call it to the attention of the Sen- question, the Senator may later, with the permission of the Senate, make ate, which shall then decide the question by a majority vote of those a statement for entry upon the Journal, indicating how the Senator present. would have voted had the Senator been present when the roll was taken Report of Conference Committee and the reasons therefor shall be submitted in writing or delivered orally 3. (a) The report of a Committee of Conference shall be prepared not to exceed five minutes. in triplicate by the Legislative Reference Bureau and shall be signed by Persons Allowed at Desk During Roll Call the members or a majority of the members of the committee. Every 6. No Senator or other person, except the majority or minority report of a committee of conference shall be printed together with the leader or other persons designated by them, shall be permitted at the bill as amended by the committee, placed on the desks of the Senators Reading Clerk's desk during the recording, counting or verification of and particularly referred to on their calendars before action shall be a roll call vote. taken on such report. No report of a Committee of Conference may be Two-Thirds Vote adopted by the Senate until at least six hours have elapsed from the time 7. When bills or other matters which require a two-thirds vote are of adoption of the report by the Committee of Conference. under consideration, the concurrence of two-thirds of all the Senators (b) A report of a Committee of Conference which requires the elected shall not be requisite to decide any question or amendment short expenditure of Commonwealth funds or funds of a political subdivision of the final question and on any question short of the final one, a major- or causes a loss of revenue to the Commonwealth or a political subdivi- ity of Senators voting shall be sufficient to pass the same. sion shall have a fiscal note attached before the report is voted finally. Majority Vote Defined Report of Conference Committee - Adoption 8. A majority of the Senators elected shall mean a majority of the 4. Reports of committees of conference shall be adopted only by Senators elected, living, sworn and seated. the vote of a majority of the Members elected to the Senate, taken by Majority Vote yeas and nays. (Const. Art. 3, Sec. 5) 9. When bills or other matters which require a vote of the major- XXI VOTING ity of Senators elected are under consideration, the concurrence of a Must be Present and Vote majority of all the Senators elected shall not be requisite to decide any 1. (a) Except as may be otherwise provided by this Rule, no question or amendment short of the final question; and, on any question Senator shall be permitted to vote on any question unless the Senator is short of a final one, a majority of Senators voting shall be sufficient to present in the Senate Chamber at the time the roll is being called, or pass the same. prior to the announcement of the vote. Announcement of Vote Harrisburg Assignment 10. Upon completion of a roll call vote or a voice vote the result (b) A Senator who is performing a legislative assignment in the shall be announced immediately unless the majority or minority leader Harrisburg area (as defined in the Financial Operating Rules of the requests a delay. Senate) on behalf of the body of the Senate and to which the Senator Explanation of Vote was duly appointed by the Senate or the appropriate officer thereof may 11. Any Senator may, with the consent of the Senate, make an be voted by the Senator's respective floor leader. A specific reason must explanation of a vote on any question and have the explanation printed be given by the Senator and it must be announced by the respective in the Journal. floor leader. Tie Vote Legislative Leave 12. In the case of a tie vote, the President of the Senate may cast (c) A Senator who is performing a legislative assignment outside a vote to break such tie so long as by doing so it does not violate any of the Harrisburg area on behalf of the body of the Senate and to which provisions of the Constitution of Pennsylvania. In the event there is a the Senator was duly appointed by the Senate or the appropriate officer tie vote on a question requiring a constitutional majority, the question thereof may be voted by the Senator's respective floor leader. A specific falls. reason for the legislative leave must be given in writing by the Senator Verifying Vote and it must be announced by the respective floor leader. 13. Any Senator may demand a verification of a vote immediately Personal or Private Interest upon the completion of a roll call or after the announcement of vote by 2. Senators who have a personal or private interest in any mea- the presiding officer. In verifying a vote the Clerk shall first read the sure or bill proposed or pending before the Senate shall disclose the fact affirmative roll at which time any additions or corrections shall be to the Senate, and shall not vote thereon. made. Upon the completion and verification of the affirmative roll call, Senators Must be Present the Clerk shall proceed with the reading of the negative roll at which 3. Every Senator shall be present within the Senate Chamber time any additions or corrections shall be made. Upon the completion during the sessions of the Senate, unless a Senator is on duty with a and verification of the negative roll call, the roll call shall be declared reserve component of the armed forces of the United States or the Penn- verified. It shall not be in order for a Senator to change a vote after the sylvania National Guard or Air National Guard or is duly excused or verified roll call is announced. A demand for a verification shall not be necessarily prevented, and shall be recorded as voting on each question in order when all Senators vote one way. The demand for a verification stated from the Chair which requires a roll call vote unless the Senator of a vote is not debatable. is on duty with a reserve component of the armed forces of the United Voice Vote States or the Pennsylvania National Guard or Air National Guard or is 14. Unless otherwise ordered or demanded, a voice vote may be duly excused by the Senate. The refusal of any Senator to vote as pro- taken. Any Senator who doubts the accuracy of a voice vote may de- vided by this section shall be deemed a contempt unless the Senator be mand a roll call vote. Such request must be made immediately upon the excused by the Senate or unless the Senator has a direct personal or announcement of the vote by the presiding officer and shall not be in pecuniary interest in connection with the pending question. order after other business has intervened. The demand for a verification Excused from Voting of a voice vote shall not be in order. 4. A Senator desiring to be excused from voting shall, when the XXII CORRESPONDENTS Senator's name is called, make a brief statement of the reasons for mak- Admission to Press Gallery - ing such request, and the question on excusing the Senator shall then be Committee on Correspondents decided by the Chair without debate. 1. Admission to and administration of the Press Galleries of the Changing Vote Senate and House of Representatives shall be vested in a Committee on 5. No Senator may vote or change a vote after the result is an- Correspondents consisting of the President Pro Tempore of the Senate, nounced by the Chair. Before the announcement of the final result, the Speaker of the House of Representatives, or their designees; the however, a Senator may change a vote, or may vote, if previously absent Supervisor of the Capitol Newsroom; the President of the Pennsylvania from the Chamber. Should a Senator be erroneously recorded on any Legislative Correspondents' Association, and the Executive Director of vote, the Senator may at any time, with the permission of the Senate, the Pennsylvania Association of Broadcasters, or their designees. 2009 LEGISLATIVE JOURNAL - SENATE 21

Application to Press Gallery of the Senators elected. Filming, videotaping, televising or broadcasting 2. Persons desiring admission to the press sections of the Senate of Senate sessions shall be prohibited prior to the adoption of the policy and House of Representatives shall make application to the Chairman directives. of the Committee on Correspondents. Such applications shall state the 2. Nothing in this Rule shall be construed to prohibit any licensed newspaper, press association or licensed radio or television station, its radio station from broadcasting a session from the Senate or any part location, times of publication or hours of broadcasting, and be signed thereof provided that the signal originates from the Senate-operated by the applicant. sound system which transmits Senate session activity to the offices in Committee to Verify Statement the Main Capitol and environs. 3. The Committee on Correspondents shall verify the statements XXIV RECORDS OF THE SENATE made in such application, and, if the application is approved by the 1. The records of the Senate may be inspected by the Members, committee, shall issue a correspondent's card signed by the members of but no paper shall be withdrawn therefrom without the consent of the the committee. Senate. Exclusive Use of Gallery XXV WHO PRIVILEGED TO THE 4. The Gallery on the Senate floor assigned to newspaper corre- FLOOR OF THE SENATE spondents or recognized press association correspondents or representa- 1. No person shall be admitted within the Senate Chamber (gal- tives of licensed radio and television stations, systems or news-gather- leries and press boxes excepted) during Senate sessions, unless invited ing agencies shall be for their exclusive use and persons not holding by an officer or the majority or minority leaders. Such authorized staff correspondents cards shall not be entitled to admission thereto. Repre- shall be restricted to the area immediate to the majority and minority sentatives and employees of State departments, boards, commissions leaders' desks and shall be allowed to advise Members during debate and agencies, visitors and members of the families of correspondents only when such Member is using the microphones at the leaders' desks. entitled to admission to the press gallery shall, at no time, be permitted Rear Entrance Closed During Session to occupy seats or be entitled to the privilege of the press gallery. Em- 2. No person or persons shall, during a session, be permitted to ployees of the Senate may be permitted to occupy seats and be entitled enter through the rear door of the Senate Chamber nor be present in the to the privilege of the press section of the Senate Gallery when not in rooms immediately to the rear of the Senate Chamber except Senators, use by accredited press representatives. officers and employees expressly authorized. Photographs in Senate Chamber - Hearings Telephone Facilities 5. Accredited media photographers may be authorized by the 3. No person or persons other than Senators or their staff shall, President Pro Tempore to take still photographs in the Senate, and by at any time, be permitted to use the telephone facilities in or adjacent to the Speaker of the House to take still photographs in the House of Rep- the Senate Chamber. resentatives. Applications to take still photographs at public hearings of XXVI RULES committees must be approved by the Committee Chairman or Co-chair- 1. These Rules shall be in full force and effect until altered, man conducting such hearing. changed, amended or repealed as provided herein. Photographs - Notice to be Given Dispensing with Rules 6. No still photographs shall be taken in the Senate or House of 2. The consent of a majority of the Senators elected shall be nec- Representatives during sessions, being at ease or recessed, without prior essary to suspend any Rule. notice to the Senators in the Senate or the Representatives in the House Altering, Changing or Amending - Vote of Representatives. When possible, such notice shall be given at the 3. The consent of a majority of the Senators elected shall be nec- beginning of the session, at ease or recess, during which the still photo- essary to alter, change or amend these Rules. graphs are scheduled to be taken. Alterations, Changing or Amending - Resolution Correspondents - Number Limited 4. All alterations, changes or amendments to Senate Rules shall 7. No more than one representative of each newspaper, press be by resolution which shall not be considered unless first referred to association or licensed radio or television station, system or news-gath- and reported from the Rules Committee. ering agency shall be admitted to the press gallery at one time. Members XXVII MASON'S MANUAL OF LEGISLATIVE of the Pennsylvania Legislative Correspondents' Association and repre- PROCEDURE TO GOVERN SENATE sentatives of licensed radio and television stations, systems or news- 1. The Rules of Parliamentary Practice comprised in Mason's gathering agencies, assigned to the Senate and/or House of Representa- Manual of Legislative Procedure shall govern the Senate in all cases to tives on a daily basis shall have permanent assigned seating in the press which they are applicable, and in which they are not inconsistent with gallery with identification plates. Visiting representatives of daily news- the Standing Rules, Prior Decisions and Orders of the Senate. papers, press associations, Sunday newspapers as well as radio and XXVIII QUORUM television stations, systems or news-gathering agencies shall coordinate Majority Constitutes a Quorum seating accommodations with the supervisor of the Capitol Newsroom. 1. A majority of Senators elected shall constitute a quorum, but Order and Decorum of Press a smaller number may adjourn from day to day, and compel the atten- 8. Persons assigned to the press gallery on a permanent or tempo- dance of absent members. (Const. Art. 2, Sec. 10) rary basis shall, at all times, refrain from loud talking or causing any When Less than a Quorum is Present disturbance which tends to interrupt the proceedings of the Senate or 2. When, upon a call, which may be demanded by not less than House of Representatives. four Senators, it is found that less than a quorum is present, it shall be 9. Persons assigned to the press gallery on a permanent or tempo- the duty of the President to order the doors of the Senate to be closed, rary basis shall not walk onto the floor of the Senate or House of Repre- and to direct the clerk to call the roll of the Senate and note the absen- sentatives nor approach the rostrum or the clerks' desks during session tees after which the names of the absentees shall be again called, and or while being at ease. those for whose absence no excuse, or an insufficient excuse is made, 10. Persons assigned to the press gallery on a permanent or tem- may by order of a majority of the Senators present be sent for and taken porary basis wishing to confer with a Senator or Representative shall into custody by the Sergeant-at-Arms, or assistant sergeants-at-arms disclose this fact by having a message delivered by a Page to the Sena- appointed for the purpose, and brought before the bar of the Senate, tor or Representative. Such conversation shall be conducted off the where, unless excused by a majority of the Senators present, they shall floor of the Senate or House of Representatives. be reproved by the President for neglect of duty. XXIII RADIO AND TELEVISION When Less than a Quorum Vote But Present 1. Filming, videotaping, televising or broadcasting of Senate 3. When less than a quorum vote upon any subject under the sessions shall be permitted as provided in policy directives developed consideration of the Senate, not less than four Senators may demand a and recommended by the Committee on Management Operations. The call of the Senate, when it shall be the duty of the President forthwith policy directives recommended by the Committee on Management Op- to order the doors of the Senate to be closed and the roll of the Senators erations shall be submitted to the Senate and shall become effective to be called. If it is ascertained that a quorum is present, either by an- upon the approval of a resolution by the Senate by the vote of a majority swering to their names, or by their presence in the Senate, the President 22 LEGISLATIVE JOURNAL - SENATE JANUARY 6, shall again order the yeas and nays; and, if any Senator or Senators ported by the committee, shall lie over one day for consideration, after present refuse to vote, the name or names of such Senator or Senators which they may be called up as, of course, under their appropriate order shall be entered on the Journal as "Present but not voting." Such refusal of business: to vote shall be deemed a contempt; and, unless purged, the President a. All Senate and House concurrent resolutions, excepting resolu- shall direct the Sergeant-at-Arms to bring such Senator or Senators tions in reference to adjournments and those recalling bills from the before the bar of the Senate, where the Senator or Senators shall be Governor, which shall be regarded as privileged. publicly reprimanded by the President. b. Resolutions containing calls for information from the heads of XXIX EXECUTIVE NOMINATIONS departments, or to alter the Rules. Presentation and Reference c. Resolutions giving rise to debate, except such as relate to the 1. All nominations by the Governor or the Attorney General shall disposition of matters immediately before the Senate, such as relate to be submitted to the Secretary-Parliamentarian of the Senate. All nomi- the business of the day on which they were offered and such as relate to nees shall file the financial statements required pursuant to 65 Pa.C.S. adjournment or taking a recess. Ch. 11 (relating to ethics standards and financial disclosure) with the Printing in Senate History Secretary-Parliamentarian of the Senate. Copies of the nominations and 3. Congratulatory and condolence resolutions shall be given to financial statements shall be furnished by the Secretary-Parliamentarian the Secretary-Parliamentarian and shall be considered under the order of the Senate to the Majority and Minority Caucus Secretaries or their of unfinished business in the daily order of business. designees. 4. All resolutions shall be adopted by a majority vote of the Sena- 2. Nominations shall, after being read, without a motion, be re- tors present except as specifically provided for in this Rule. ferred by the presiding officer to the Committee on Rules and Executive Joint Resolutions Nominations. After having been reported by the committee, the final 5. Joint Resolutions shall be limited to constitutional amend- question on every nomination shall be: "Will the Senate advise and ments and shall be adopted by a vote of a majority of the Senators consent to this nomination?" elected to the Senate; 3. The Committee on Rules and Executive Nominations shall A joint resolution when passed by both Houses shall not be trans- refer nominations to appropriate standing committees of the Senate, mitted to the Governor for his approval or disapproval but shall be filed which shall hold public hearings for all nominees for offices which have in the Office of the Secretary of the Commonwealth in accordance with Statewide jurisdiction and to which salaries are attached; scrutinize the Article XI, Section 1 of the Constitution of Pennsylvania. qualifications of nominees and report back their recommendations. XXXI LOUNGING IN THE SENATE PROHIBITED Public hearings may be held for nominees for any other office. 1. The Secretary-Parliamentarian of the Senate shall cause the Information Concerning Nominations doors of the Senate Chamber closed to all persons except persons who 4. All information, communication or remarks made by a Senator are entitled under the Rule of the Senate; and the Secretary-Parliamen- when acting upon nominations in committee, concerning the character tarian shall call on any officer of the Senate to aid him in enforcing this or qualifications of the person nominated, shall be kept secret. If, how- order; and on days when the Senate is not in session the officers are ever, charges shall be made against a person nominated, the committee hereby required to strictly prohibit any lounging within the Senate may, in its discretion, notify such nominee thereof, but the name of the Chamber by any person not connected with the General Assembly, and person making such charges shall not be disclosed. that henceforth no officer, nor any other person, be permitted to occupy Consideration the seat of a Senator at any time; it shall be the duty of the President to 5. When the consideration of executive nominations is reached see that this Rule is enforced, and a persistent disregard of it by any in the order of business, a Senator may make a motion to go into execu- officer or employee shall be cause of dismissal by the President. tive session for the purpose of confirming the nominations which have XXXII VETO been reported from committee; and on the motion being agreed to, such Passing over Veto nomination or nominations shall be considered the first order of the day 1. When any bill is not approved by the Governor, he shall return until finally disposed of, unless the same shall be postponed by a major- it with his objection to the House in which such bill originated. There- ity of the Senate; but such business when once commenced shall not be upon such House shall enter the objections upon their Journal and pro- postponed for more than five days, except in case of an adjournment of ceed to reconsider it. If after such reconsideration, two-thirds of all the the Senate for a longer period. Members elected to that House shall agree to pass the bill, it shall be Executive Session sent with the objections to the other House by which likewise it shall be 6. When in executive session, no message shall be received from reconsidered, and, if approved by two-thirds of all the members elected the Governor, unless it be relative to the nomination under consider- to that House, it shall become a law. (Const. Art. 4, Sec. 15) ation, nor from the House of Representatives, nor shall any other busi- 2. A bill vetoed in a first regular session and not finally acted ness be considered, except executive business, and the executive session upon may be brought up for consideration in a second regular session. shall not adjourn pending the consideration of the nomination until a XXXIII DIVISION OF A QUESTION time fixed by a majority vote of those present for the next meeting of the 1. Any Senator may call for a division of a question by the Senate executive session to resume the consideration thereof. if the question includes points so distinct and separate that, one of them Reconsideration being taken away, the other will stand as a complete proposition. The 7. When a nomination is confirmed or rejected by the Senate, any motion to strike out and insert is strictly one proposition, and, therefore Senator may move for a reconsideration on the same day on which the indivisible. vote was taken, or on either of the next two days of actual session of the XXXIV SENATE EXPENDITURES Senate; but if a notification of the confirmation or rejection of a nomi- 1. Counsel employed by a committee chairman or minority chair- nation shall have been sent to the Governor before the expiration of the man for the committee may not represent the committee chairman or a time within which a motion to reconsider may be made, the motion to member of the chairman's staff, or any member of the committee or of reconsider shall be accompanied by a motion to request the Governor a committee member's staff, in any private legal proceeding while em- to return such notification to the Senate. A motion to reconsider the vote ployed by the Senate. Nor may any Senate funds be used to pay private on a nomination may be laid on the table without prejudice to the nomi- legal counsel for any Senator, officer or staff member. nation. XXXV COMMITTEE ON ETHICS AND OFFICIAL CONDUCT XXX RESOLUTIONS 1. In addition to the committees created by Rule XV, there shall Introduction be a Committee on Ethics and Official Conduct which shall be com- 1. All resolutions, Senate and concurrent, shall be introduced by posed of six members appointed by the President Pro Tempore. Three presenting ten copies thereof to the President. members shall be of the Majority Party and three members shall be of Consideration the Minority Party. The Minority Party members will be appointed on 2. The following resolutions, after they have been read, shall be the recommendation of the Minority Leader. referred to an appropriate committee without debate unless by unani- 2. The President Pro Tempore shall appoint one of the Majority mous consent the Senate shall otherwise direct and, if favorably re- Party members as Chairman and, on the recommendation of the Minor- 2009 LEGISLATIVE JOURNAL - SENATE 23 ity Leader, one of the Minority Party members as Vice-Chairman. A upon the vote of a majority of the committee or upon the request of the quorum for this committee shall be four members and the committee person subject to investigation, the chairman shall issue subpoenas for shall have such duties, powers, procedure and jurisdiction as are pre- the attendance and testimony of witnesses and the production of docu- scribed and authorized in this Rule. mentary evidence relating to any matter under formal investigation by 3. The committee shall receive complaints against members, the committee. The committee may administer oaths or affirmations and officers and employees of the Senate alleging illegal or unethical con- examine and receive evidence. duct or violation of any statute, Rule or regulation governing the use of 6. All testimony, documents, records, data, statements or infor- money appropriated to the Senate. Any such complaint must be in writ- mation received by the committee in the course of any investigation ing, verified by the person filing the complaint and must set forth in shall be private and confidential except in the case of public meetings detail the conduct in question and the section of the "Legislative Code or hearings or in a report to the Senate. No report shall be made to the of Ethics" or the statute, Rule or regulation violated. The committee Senate unless a majority of the committee has made a finding of unethi- shall make a preliminary investigation of the complaint, and if it is cal or illegal conduct or violation of the statutes, Rules and regulations determined by a majority of the committee that a violation may have relating to Senate funds on the part of the person under investigation. occurred, the person against whom the complaint has been brought shall No finding of unethical or illegal conduct or violation of the statutes, be notified in writing and given a copy of the complaint. Within ten Rules and regulations relating to Senate funds shall be valid unless days after receipt of the complaint, such person may file a written an- signed by at least a majority of the committee. Any such report may swer thereto with the committee. Upon receipt of the answer, by vote of include a minority report. No action shall be taken on any finding of a majority of the committee, the committee shall either dismiss the com- illegal or unethical conduct or violation of the statutes, Rules or regula- plaint within ten days or proceed with a formal investigation, which may tions relating to Senate funds, nor shall such finding or report contain- include hearings, not more than twenty days after notice in writing to ing such finding be made public, sooner than seven days after a copy of the persons so charged. Failure of the person charged to file an answer the finding is sent by certified mail to the Member, officer or employee shall not be deemed to be an admission or create an inference or pre- under investigation. sumption that the complaint is true, and such failure to file an answer 7. In the event the committee finds that a Member, officer, or shall not prohibit a majority of the committee from either proceeding employee of the Senate has violated a statute, Rule or regulation relating with a formal investigation or dismissing the complaint. to use of Senate funds, the committee may order such Member, officer, 4. In addition to action on formal complaints as provided in sec- or employee to reimburse the Senate for the funds wrongly expended tion 3, a majority of the committee may initiate a preliminary investiga- and to take other remedial action. If the Member, officer, or employee tion of a suspected violation of the "Legislative Code of Ethics" or a does reimburse the Senate or take such other remedial action as may violation of any other statute, Rule or regulation governing the use of have been required, no formal report shall be made to the Senate unless money appropriated to the Senate by a Member, officer or employee of the committee is requested in writing to file a formal report by the the Senate. If it is determined by a majority of the committee that a Member, officer, or employee who is the subject of the order. If the violation may have occurred, the person in question shall be notified in Member, officer, or employee fails to reimburse the Senate or take the writing of the conduct in question and the section of the "Legislative required remedial action within seven days of receipt of the order, the Code of Ethics" or other statute, Rule or regulation violated. Within ten committee, unless it shall, by majority vote thereof, extend such time for days, such person may file a written answer thereto. Upon receipt of the good cause, shall within seven days file its formal report with the Senate answer, by vote of a majority of the committee, the committee shall along with its recommendation of action by the Senate to secure reim- either dismiss the charges within ten days or proceed with a formal bursement, effect the recommended remedial action, or initiate appro- investigation which may include hearings, not more than twenty days priate disciplinary action. after notice in writing to the person so charged. Failure of the person Any Member, officer, or employee of the Senate who is the sub- charged to file an answer shall not be deemed to be an admission or ject of an order of reimbursement or remedial action may appeal the create an inference or presumption that the charge is true, and such committee's order to the Senate within seven days of receipt of the order failure to file an answer shall not prohibit a majority of the committee by filing notice thereof with the Secretary-Parliamentarian of the Senate, from either proceeding with a formal investigation or dismissing the who shall cause such notice to be distributed to the Members of the charge. Senate along with a copy of the report of the committee involving such 5. The chairman shall notify all members of the committee at Member, officer, or employee. least twenty-four hours in advance of the date, time and place of a regu- Notice of the appeal shall be placed on the Senate Calendar and lar meeting. Whenever the chairman shall refuse to call a regular meet- shall be acted on by the Senate within ten legislative days. A vote by a ing, a majority of the committee may call a meeting by giving two days' majority of the Members elected shall be necessary to sustain an appeal written notice to the Majority and Minority Leaders of the Senate set- or modify the committee report or order; otherwise it shall become ting forth the time and place for such meeting. Thereafter, the meeting effective and the Members, officers, and employees of the Senate shall shall be held at the time and place specified in such notice. take such action as is necessary to secure compliance. The committee shall conduct its investigations, hearings and meet- 8. The committee, whether or not at the request of a Member, ings relating to a specific investigation or a specific Member, officer or officer or employee concerned about an ethical problem or question employee of the Senate in closed session and the fact that such investi- concerning the use of Senate funds relating to himself alone or in con- gation is being conducted or is to be conducted or that hearings or such junction with others may render advisory opinions with regard to ques- meetings are being held or are to be held shall be confidential informa- tions pertaining to legislative ethics, decorum, or use of Senate funds. tion unless the person subject to investigation advises the committee in Such advisory opinions, with such deletions and changes as shall be writing that he elects that such meetings or hearings shall be held pub- necessary to protect the identity of the persons involved or seeking licly: Provided, however, That whenever the committee is conducting them, may be published and shall be distributed to all members, officers an investigation of an employee of the Senate the committee shall in- and employees of the Senate. No order for reimbursement or remedial form the Senator or officer supervising such employee of the investiga- action may be made when the Member, officer, or employee has relied tion. In the event of such an election, the committee shall furnish such on a written advisory opinion, whether addressed to him or not, which person a public meeting or hearing. All other meetings of the committee is reasonably construed as being applicable to the complained of con- shall be open to the public and notice of such meetings shall be given duct. as generally provided in these Rules for the convening of committees. 9. In the event that a member of the committee shall be under In the event that the committee shall elect to proceed with a for- investigation, said Member shall be temporarily replaced on the com- mal investigation of the conduct of any Member, officer or employee of mittee in a like manner as said Member's original appointment. the Senate, the committee may employ independent counsel. Any member of the committee breaching the confidentiality of All constitutional rights of any person under investigation shall be materials and events as set forth in this Rule shall be removed immedi- preserved, and such person shall be entitled to present evidence, cross- ately from the committee and replaced by another Member of the Senate examine witnesses, face the accuser, and be represented by counsel. appointed in a like manner as said Member's original appointment. The chairman may continue any hearing for reasonable cause, and 10. The committee may adopt rules of procedure for the orderly 24 LEGISLATIVE JOURNAL - SENATE JANUARY 6, conduct of its affairs, investigations, hearings and meetings, which rules shall be taken to the committee, the suspension shall remain effective are not inconsistent with this Rule. pending a decision by the committee. 11. The committee may meet with a committee of the House of Representatives to hold investigations or hearings involving employees ANNOUNCEMENT OF MAJORITY of the two Houses jointly, or officers or employees of the Legislative Reference Bureau, the Joint State Government Commission, the Local AND MINORITY LEADERSHIP Government Commission, the Joint Legislative Air, Soil and Water Conservation and Control Commission, the Legislative Budget and The PRESIDENT. The Chair has been informed by the Ma- Finance Committee and the Legislative Data Processing Committee: jority Caucus that they have elected as Majority Leader, Senator Provided, however, That no action may be taken at a joint meeting Pileggi of Delaware County; as Whip, Senator One of Allegheny unless it is approved by a majority of each committee. County; as Caucus Chairman, Senator Waugh of York County; 12. The Legislative Audit Advisory Commission shall submit copies of its reports to the committee which shall review them and pro- as Caucus Secretary, Senator Robbins of Mercer County; as Ap- ceed, where appropriate, as provided in section 7. propriations Chairman, Senator Corman of Centre County; as 13. Whenever the committee shall employ independent counsel Caucus Administrator, Senator Browne of Lehigh County; as or shall incur other expenses pursuant to its duties under this Rule, Policy Chairman, Senator Pippy of Allegheny County. payment of costs of such independent counsel or other expenses in- The Chair has also been informed by the Minority Caucus that curred by the committee pursuant to this Rule, shall be paid by the Chief Clerk upon submission of vouchers and necessary documentation they have elected the following: as Minority Leader, Senator which vouchers shall be signed by both the chairman and vice-chairman Mellow of Lackawanna County; as Whip, Senator O'Pake of of the committee. Included in such allowable expense items shall be Berks County; as Caucus Chairman, Senator Hughes of Philadel- travel and per diem for the members of the committee. The Chief Clerk phia County; as Caucus Secretary, Senator Logan of Allegheny shall pay such expenses out of funds appropriated to the Chief Clerk for incidental expenses. County; as Appropriations Chairman, Senator Costa of Alle- XXXVI STATUS OF MEMBERS INDICTED OR CONVICTED gheny County; as Caucus Administrator, Senator Tartaglione of OF A CRIME Philadelphia County; as Policy Committee Chairman, Senator 1. When an indictment is returned against a Member of the Sen- Kasunic of Fayette County. ate, and the gravamen of the indictment is directly related to the Mem- ber's conduct as a committee chairman, ranking minority committee STATEMENT BY THE PRESIDENT member or in a position of leadership, the Member shall be relieved of such committee chairmanship, ranking minority committee member The PRESIDENT. We are now ready to notify the House that status, or leadership position until the indictment is disposed of, but the Member shall otherwise continue to function as a Senator, including the Senate is organized. voting, and shall continue to be paid. 2. If, during the same legislative session, the indictment is SENATE RESOLUTION ADOPTED quashed, or the court finds that the Member is not guilty of the offense alleged, the Member shall immediately be restored to the committee NOTIFICATION TO THE HOUSE chairmanship, ranking minority committee member status, or leadership position retroactively from which he was suspended. Senator PICCOLA offered the following resolution, which 3. Upon a finding or verdict of guilt by a judge or jury, plea or was read, considered, and adopted by voice vote: admission of guilt or plea of nolo contendere of a Member of the Senate of a crime, the gravamen of which relates to the Member's conduct as In the Senate, January 6, 2009 a Senator, and upon imposition of sentence, the Secretary-Parliamentar- ian of the Senate shall prepare a resolution of expulsion under the spon- sorship of the Chairman and Vice-Chairman of the Senate Committee RESOLVED, That a committee of three Senators be appointed to on Ethics and Official Conduct. The resolution shall be printed and inform the House of Representatives that the Senate is organized in placed on the Calendar for the next day of Senate session. Regular Session and ready to proceed to business. XXXVII STATUS OF OFFICERS OR EMPLOYEES INDICTED OR CONVICTED OF A CRIME APPOINTMENT OF COMMITTEE 1. Whenever any officer or employee of the Senate is indicted or TO NOTIFY THE HOUSE otherwise charged before a court of record with the commission of a felony or a misdemeanor the gravamen of which relates to the officer's The PRESIDENT. Pursuant to the resolution just adopted, or employee's conduct or status as an officer or employee of the Com- the Chair wishes to announce the following committee to notify monwealth or the disposition of public funds, such employee shall im- the House that the Senate is organized: the gentleman from Alle- mediately be suspended without pay and benefits by the Chief Clerk. gheny, Senator Pippy, as chairman; the gentleman from Colum- After a finding or a verdict of guilt by a judge or ajury, plea or admis- bia, Senator Gordner; and the gentleman from Montgomery, sion of guilt, or plea of nolo contendere, and upon imposition of sen- Senator Leach. tence, the employment shall be terminated. 2. If the indictment is quashed, or the court finds that the officer The committee will leave immediately to discharge its duties. or employee is not guilty of the offense alleged, the suspension without pay shall be terminated, and the officer or employee shall receive com- SENATE RESOLUTION ADOPTED pensation for the period of time during which the officer or employee NOTIFICATION TO HIS EXCELLENCY, was suspended which compensation shall be reduced by the amount of THE GOVERNOR any compensation said officer or employee earned from other employ- ment during the period of suspension. 3. If the officer or employee or the supervising Senator of such Senator VANCE offered the following resolution, which was employee disagrees with the decision of the Chief Clerk as to whether read, considered, and adopted by voice vote: an indictment for particular conduct shall be a crime requiring suspen- sion or dismissal, the officer or employee in question or the supervising In the Senate, January 6, 2009 Senator may appeal the suspension to the Committee on Ethics and Official Conduct, which shall determine whether the conduct charged RESOLVED, That a committee of three Senators be appointed to is an offense requiring suspension. Whenever an appeal of a suspension inform His Excellency, the Governor of the Commonwealth of Pennsyl- 2009 LEGISLATIVE JOURNAL - SENATE 25 vania, that the Senate is convened and organized in Regular Session and FONTANA, FERLO, STOUT, RAFFERTY, ALLOWAY, ready to receive any communications he may be pleased to make. MUSTO, KASUNIC, HUGHES, FARNESE, TOMLINSON, APPOINTMENT OF COMMITTEE BOSCOLA, COSTA, LEACH, LOGAN, MELLOW, O'PAKE, TO NOTIFY THE GOVERNOR STACK, WOZNIAK, VOGEL, EARLL, YAW, PILEGGI and PICCOLA, by unanimous consent, offered Senate Resolution The PRESIDENT. Pursuant to the resolution just adopted, the No. 4, entitled: Chair wishes to announce the following committee to notify the Governor that the Senate is organized: the gentleman from York, A Resolution designating the week of January 11 through 17, 2009, Senator Waugh, as chairman; the gentlewoman from Luzerne, as "Martin Luther King, Jr., Holiday Week." Senator Baker; and the gentlewoman from Philadelphia, Senator Kitchen. On the question, The committee will leave immediately to discharge its duties. Will the Senate adopt the resolution? SENATE RESOLUTIONS ADOPTED The PRESIDENT. The Chair recognizes the gentleman from Philadelphia, Senator Williams. THANKS OF THE SENATE TENDERED TO Senator WILLIAMS. Mr. President, I am offering a resolution THE REVEREND MONSIGNOR CHARLES A. KAZA that reflects upon the upcoming holiday of Dr. Martin Luther FOR SERVICES AS CHAPLAIN OF THE SENATE King Day. Frequently, many holidays in this country start out Senator VOGEL offered the following resolution, which was with a noble purpose, and then, for whatever reason, they sort of read, considered, and adopted by voice vote: fall off into the abyss, and we go shopping on those particular days. But I did not want to offer this resolution and just let it fade In the Senate, January 6, 2009 into memory. The reality is that this is a very significant year, for not only this nation but for the global community. We have RESOLVED, That the thanks of the Senate is hereby tendered to elected, for the first time in the history of this nation, a person of The Reverend Monsignor Charles A. Kaza, Pastor, St. Tobias Catholic color to the highest office in this land. Church in Brockway for his services as Chaplain of the Senate this day. Dr. King would reflect upon this moment in a much more significant way that I think we can appreciate. While many of us THANKS OF THE SENATE TENDERED TO in this room think that it is a moment of great pride for the Afri- THE HONORABLE THOMAS G SAYLOR FOR can American community, as it is, frankly, I think it would be ADMINISTERING THE OATH OF OFFICE TO misunderstood, as Dr. King would be misunderstood. His holiday NEWLY ELECTED REPUBLICAN SENATORS is sometimes overlooked, because for many people, they think it AND OFFICERS OF THE SENATE is a holiday of celebration for a particular ethnic group. It is not. Senator YAW offered the following resolution, which was Civil rights is a backbone for this nation, and frankly, Dr. read, considered, and adopted by voice vote: King spoke in a small church that happened to be a Baptist con- gregation and said that we will get to the mountaintop. This year, In the Senate, January 6, 2009 we will celebrate, as a nation, that mountaintop. Because when we look in our communities today, many of us have grandchil- RESOLVED, That the thanks of the Senate is hereby tendered to dren and children, and we all want the same thing. We want them The Honorable Thomas U. Saylor, Justice of the Supreme Court of Pennsylvania, for his services in qualifying the newly-elected and re- to benefit from the hope of this nation. We want them to under- elected Republican Senators and Officers. stand that regardless of your circumstances, that we may come from a small coal town and may not have the economic advan- THANKS OF THE SENATE TENDERED TO tages, or we may come from an urban community, or we may THE HONORABLE SEAMUS P. McCAFFERY FOR come from a rural community, we may be Baptist, we may be ADMINISTERING THE OATH OF OFFICE TO Jewish, we may be Italian, we may be Polish, our binding NEWLY ELECTED DEMOCRATIC SENATORS strength is the fact that we are Americans. Our hope and our promise is that because we are Americans, we will lead. We will Senator FARNESE offered the following resolution, which not be stuck in stagnant habits of the past. was read, considered, and adopted by voice vote: Dr. King's message to us was not simply to one group but to us as a nation, and frankly, this moment, this upcoming holiday, In the Senate, January 6, 2009 I hope will be celebrated in ways that have never been reflected RESOLVED, That the thanks of the Senate is hereby tendered to upon before, which we could not conceive of literally a genera- The Honorable Seamus P. McCaffery, Justice of the Supreme Court of tion ago. The fact is that Americans are change agents. Regard- Pennsylvania, for his services in qualifying the newly-elected and re- less of your economic pedigree, your educational background, elected Democratic Senators. your ethnic background, you are an American. If you embrace that, then Dr. King's message speaks to you, Dr. King's sacrifice SENATE RESOLUTION ADOPTED speaks to you, and Dr. King's holiday should be celebrated as all Americans will celebrate it this year. Senators WILLIAMS, KITCHEN, WASHINGTON, I offer this resolution and ask that it be adopted unanimously. BRUBAKER, TARTAGLIONE, DINNIMAN, ORIE, 26 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

The PRESIDENT. The Chair recognizes the gentleman from SENATE RESOLUTION ADOPTED Lackawana, Senator Mellow. Senator MELLOW. Mr. President, I would just like to make TELLER TO COMPUTE AND COUNT VOTES FOR one comment. Could we have the resolution lay open at the desk ATTORNEY GENERAL, AUDITOR GENERAL, in case there are people who have not had the opportunity to AND STATE TREASURER cosponsor the resolution who would like to, in fact, be able to do that? Senator ALLOWAY offered the following resolution, which The PRESIDENT. Senator Mellow requests that the resolu- was read, considered, and adopted by voice vote: tion stay open at the desk for further signatures. Without objec- tion, the resolution will remain at the desk. In the Senate, January 6, 2009

And the question recurring, RESOLVED, That the gentlewoman from Westmoreland County, Senator Kim Ward, be appointed Teller on the part of the Senate, for the Will the Senate adopt the resolution? purpose of witnessing the opening, computing, and counting of the A voice vote having been taken, the question was determined votes for Attorney General, Auditor General and State Treasurer. in the affirmative. ANNOUNCEMENT BY THE SENATE CONCURRENT RESOLUTIONS MAJORITY LEADER WEEKLY RECESS The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI offered the following resolution, which was Senator PILEGGI. Mr. President, at this time, it was our in- read, considered, and adopted by voice vote: tention to proceed to the House for a Joint Session. I am in- formed that the House is running approximately 20 minutes be- In the Senate, January 6, 2009 hind, so I ask that the Senate be at ease at this time. The PRESIDENT. Without objection, the Senate will be at RESOLVED, (the House of Representatives concurring), Pursuant ease. to Article 1I, Section 14, of the Pennsylvania Constitution, that when the (The Senate was at ease.) Senate recesses this week, it reconvene on Tuesday, January 20, 2009, unless sooner recalled by the President Pro Tempore of the Senate; and be it further The PRESIDING OFFICER (Senator Dominic F. Pileggi) RESOLVED, Pursuant to Article II, Section 14, of the Pennsylva- in the Chair. nia Constitution, that when the Senate recesses the week of January 20th, it reconvene on Monday, January 26, 2009, unless sooner recalled HOUSE NOTIFIES SENATE IT IS ORGANIZED by the President Pro Tempore of the Senate; and be it further RESOLVED, Pursuant to Article II, Section 14, of the Pennsylva- The PRESIDING OFFICER. The Chair recognizes the Ser- nia Constitution, that when the House of Representatives recesses this geant-at-Arms. week, it reconvene on Monday, January 26, 2009, unless sooner re- called by the Speaker of the House of Representatives. The SERGEANT-AT-ARMS. Mr. President, I have the honor to present a committee on behalf of the House of Representa- Ordered, That the Secretary of the Senate present the same to tives. the House of Representatives for concurrence. The PRESIDING OFFICER. Would you bring the committee forth, please. JOINT SESSION The SERGEANT-AT-ARMS. Mr. President, I have the honor to present the chair of the committee from the House, Represen- Senator SMUCKER offered the following resolution, which tative Edward G. Staback. was read, considered, and adopted by voice vote: The PRESIDING OFFICER. The Chair recognizes Represen- tative Staback. In the Senate, January 6, 2009 Representative STABACK. Mr. President, Representative Houghton, Representative Boback, and I are here serving as a RESOLVED, (the House of Representatives concurring), That the committee from the House to simply inform the Senate that the Senate and House of Representatives meet in Joint Session on Tuesday, House has organized. We are ready to do business in the current January 6, 2009, in the Hall of the House of Representatives for the Session. On that note, I would say good luck to all of us in the purpose of witnessing the opening, counting and computing the official coming year, and thank you very much, Mr. President. returns of the election for Attorney General, Auditor General, and State Treasurer, held on Tuesday, November 4, 2008, in the several counties The PRESIDING OFFICER. The Chair thanks Representative of the Commonwealth, and to elect a Director of the Legislative Refer- Staback and the committee from the House of Representatives. ence Bureau. ANNOUNCEMENT BY THE Ordered, That the Secretary of the Senate present the same to PRESIDING OFFICER the House of Representatives for concurrence. The PRESIDING OFFICER. The time has come in our order of business to assemble in the hall of the House of Representa- tives for a Joint Session. The Chair requests that all guests re- 2009 LEGISLATIVE JOURNAL - SENATE i4l main seated until the Members of the Senate leave for the House. MEMBER OF THE STATE BOARD OF EXAMINERS This will eliminate considerable confusion and facilitate our OF NURSING HOME ADMINISTRATORS movement to the House. The Chair thanks all of our guests. December 2, 2008 RECESS

The PRESIDING OFFICER. The Chair now declares a recess To the Honorable, the Senate of the Commonwealth of Pennsylvania: of the Senate. In conformity with law, I have the honor hereby to nominate for the AFTER RECESS advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial The PRESIDENT (Lieutenant Governor Joseph B. District, for appointment as a member of the State Board of Examiners Scarnati III) in the Chair. of Nursing Home Administrators, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Barry Ramper, Harrisburg, whose term The PRESIDENT. The time of recess having expired, the expired. Senate will come to order. EDWARD G. RENDELL COMMUNICATIONS FROM THE GOVERNOR Governor

NOMINATIONS REFERRED TO COMMITTEE MEMBER OF THE STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS The PRESIDENT laid before the Senate the following com- munications in writing from His Excellency, the Governor of the December 2, 2008 Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: To the Honorable, the Senate of the Commonwealth of Pennsylvania: MEMBER OF THE COMMONWEALTH OF PENNSYLVANIA COUNCIL ON THE ARTS In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Eric Battisti, 515 Country Club Road, Camp Hill 17011, Cumberland County, Thirty-first Senatorial District, December 2, 2008 for appointment as a member of the State Board of Certified Real Estate Appraisers, to serve for a term of four years and until his successor is To the Honorable, the Senate appointed and qualified, but not longer than six months beyond that of the Commonwealth of Pennsylvania: period, add to complement.

In conformity with law, I have the honor hereby to nominate for the EDWARD G. RENDELL advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Governor Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Commonwealth of Pennsylvania MEMBER OF THE STATE BOARD OF Council on the Arts, to serve until July 1, 2010, and until his successor CERTIFIED REAL ESTATE APPRAISERS is appointed and qualified, vice Nancy Barness, Ambler, resigned.

EDWARD G. RENDELL December 2, 2008 Governor To the Honorable, the Senate MEMBER OF THE STATE BOARD of the Commonwealth of Pennsylvania: OF BARBER EXAMINERS In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, B.J. Clark, 611 East Darby Road, December 2, 2008 Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the State Board of Certified Real Estate To the Honorable, the Senate Appraisers, to serve for a term of four years and until his successor is of the Commonwealth of Pennsylvania: appointed and qualified, but not longer than six months beyond that period, add to complement. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nina Tinari, 6401 Church Road, Phil- EDWARD G. RENDELL adelphia 19151, Philadelphia County, Seventh Senatorial District, for Governor appointment as a member of the State Board of Barber Examiners, to serve for a term of three years and until her successor is appointed and MEMBER OF THE STATE BOARD OF EXAMINERS qualified, but not longer than six months beyond that period, vice Greg- IN SPEECH-LANGUAGE AND HEARING ory Stella, Plains, whose term expired.

EDWARD G. RENDELL December 2, 2008 Governor To the Honorable, the Senate of the Commonwealth of Pennsylvania: 28 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE STATE FARM advice and consent of the Senate, Stephanie Moore, R.R. 2, Box 397, PRODUCTS SHOW COMMISSION Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, for appointment as a member of the State Board of Examiners in Speech-Language and Hearing, to serve until September 24, 2010, and December 16, 2008 until her successor is appointed and qualified, but not longer than six months beyond that period, vice Margaret Quinn Mariotti, Clarks Sum- To the Honorable, the Senate mit, resigned. of the Commonwealth of Pennsylvania:

EDWARD G. RENDELL In conformity with law, I have the honor hereby to nominate for the Governor advice and consent of the Senate, B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, MEMBER OF THE STATE BOARD OF ACCOUNTANCY for appointment as a member of the State Farm Products Show Com- mission, to serve for a term of four years and until his successor has been appointed and qualified, vice Randy King, Harrisburg, resigned. December 16, 2008 EDWARD G. RENDELL To the Honorable, the Senate Governor of the Commonwealth of Pennsylvania: MEMBER OF THE STATE BOARD In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Stephanie Moore (Public Member), OF PHYSICAL THERAPY R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, for appointment as a member of the State Board of December 16, 2008 Accountancy, to serve until October 24, 2009, and until her successor is appointed and qualified, but not longer than six months beyond that To the Honorable, the Senate period, vice Diana Reed, Washington, resigned. of the Commonwealth of Pennsylvania:

EDWARD G RENDELL In conformity with law, I have the honor hereby to nominate for the Governor advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial MEMBER OF THE STATE BOARD District, for appointment as a member of the State Board of Physical OF BARBER EXAMINERS Therapy, to serve for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice [sic] add to complement. December 16, 2008 EDWARD G. RENDELL To the Honorable, the Senate Governor of the Commonwealth of Pennsylvania: MEMBER OF THE PENNSYLVANIA PUBLIC In conformity with law, I have the honor hereby to nominate for the TELEVISION NETWORK COMMISSION advice and consent of the Senate, Eric Battisti (Public Member), 515 Country Club Road, Camp Hill 17011, Cumberland County, Thirty-first Senatorial District, for appointment as a member of the State Board of December 16, 2008 Barber Examiners, to serve until December 10, 2010, and until his suc- cessor is appointed and qualified, but not longer than six months be- To the Honorable, the Senate yond that period, vice Douglas W. Anderson III, Pittsburgh, resigned. of the Commonwealth of Pennsylvania:

EDWARD G. RENDELL In conformity with law, I have the honor hereby to nominate for the Governor advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, MEMBER OF THE PENNSYLVANIA ENERGY for appointment as a member of the Pennsylvania Public Television DEVELOPMENT AUTHORITY Network Commission, to serve for a term of six years or until his suc- cessor is appointed and qualified, but not longer than six months be- yond that period, vice Penelope Gerber, Ambler, whose term expired. December 16, 2008 EDWARD G. RENDELL To the Honorable, the Senate Governor of the Commonwealth of Pennsylvania: SECRETARY OF HEALTH In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nina Tinari, 6401 Church Road, Phil- December 16, 2008 adelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Pennsylvania Energy Development Authority, to serve until April 8, 2011, and until her successor is ap- To the Honorable, the Senate pointed and qualified, vice Joseph Dworetzsky, Philadelphia, resigned. of the Commonwealth of Pennsylvania:

EDWARD G. RENDELL In conformity with law, I have the honor hereby to nominate for the Governor advice and consent of the Senate, B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, 2009 LEGISLATIVE JOURNAL - SENATE 29 for appointment as Secretary of Health, to serve until the third Tuesday STANDING COMMITTEES OF THE of January 2011, and until his successor is appointed and qualified, vice SENATE OF PENNSYLVANIA The Honorable Calvin B. Johnson, Philadelphia, resigned. SESSIONS OF 2009-2010

EDWARD G RENDELL AGING AND YOUTH Governor Vance, Chair Brubaker, Vice Chair MEMBER OF THE WORKERS' Alloway Smucker O'Pake COMPENSATION APPEAL BOARD Baker Washington* Stack One Leach Scarnati, December 29, 2008 ex-officio AGRICULTURE AND RURAL AFFAIRS To the Honorable, the Senate Brubaker, Chair of the Commonwealth of Pennsylvania: Waugh, Vice Chair

In conformity with law, I have the honor hereby to nominate for the Eichelberger Yaw Kitchen advice and consent of the Senate, B.J. Clark, 611 East Darby Road, Robbins O'Pake* Wozniak Havertown 19083, Delaware County, Seventeenth Senatorial District, Vogel Dinniman Scarnati, for appointment as a member of the Workers' Compensation Appeal ex-officio Board, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified, vice Richard Block, Philadelphia, APPROPRIATIONS deceased. Corman, Chair Tomlinson, Vice Chair EDWARD G RENDELL Governor Baker Rafferty Boscola Browne Smucker Farnese MAGISTERIAL DISTRICT JUDGE Brubaker Vance Logan Gordner Waugh Musto Greenleaf White, M.J. Stout December 29, 2008 One Costa* Tartaglione Pippy Stack** Wozniak To the Honorable, the Senate ex-officio members: of the Commonwealth of Pennsylvania: Scarnati Pileggi In conformity with law, I have the honor hereby to nominate for the Mellow advice and consent of the Senate, Nina Tinari, 6401 Church Road, Phil- adelphia 19151, Philadelphia County, Seventh Senatorial District, for BANKING AND INSURANCE appointment as Magisterial District Judge, in and for the County of White, D., Chair Mercer, Magisterial District 35-2-01, to serve until the first Monday of Ward, Vice Chair January 2010, vice James E. McMahon, resigned. Browne Rafferty Farnese EDWARD G RENDELL Corman Vance Tartaglione Governor EarlI Stack* Williams Greenleaf Boscola Scarnati, GENERAL COMMUNICATION ex-officio STANDING COMMITTEES APPOINTED COMMUNICATIONS AND TECHNOLOGY Folmer, Chair Baker, Vice Chair The PRESIDENT laid before the Senate the following com- munication, which was read by the Clerk as follows: Browne Ward Farnese Eichelberger Wozniak* Leach SENATE OF PENNSYLVANIA Erickson Dinniman Scarnati, ex-officio To: The Honorable Mark R. Corrigan Secretary of the Senate COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT From: Senator JOSEPH B. SCARNATI III Earll, Chair President Pro Tempore Piccola, Vice Chair

Subject: Standing Committees of the Senate Gordner White, D. Musto Appointments -- 2009-2010 Sessions One Wonderling Washington Tomlinson Fontana* Wozniak Scarnati, Date: December 31, 2008 Waugh Ferlo ex-officio Pursuant to Rule XV, as President Pro Tempore, I hereby appoint the following Senators to the Standing Committees of the Senate for the 2009-2010 Sessions of the Senate. The appointment of Minority mem- bers is based on the recommendation of the Minority Leader and the naming of Minority chairmen by designation of the Minority Leader. 30 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

CONSUMER PROTECTION AND LOCAL GOVERNMENT PROFESSIONAL LICENSURE Eichelberger, Chair Tomlinson, Chair Vogel, Vice Chair Gordner, Vice Chair Alloway Smucker Ferlo Erickson Ward Ferlo Brubaker Musto* Leach Greenleaf White, M.J. Kasunic Robbins Dinniman Scarnati, Piccola Boscola* Wozniak ex-officio Rafferty Dinniman Scamati, ex-officio PUBLIC HEALTH AND WELFARE Erickson, Chair EDUCATION Vance, Vice Chair Piccola, Chair Baker Wonderling Kitchen Browne, Vice Chair Vogel Hughes* Leach Folmer White, M.J. Hughes Ward Costa Scarnati, ex-officio Pippy Dinniman* Musto Tomlinson Farnese Scarnati, RULES AND EXECUTIVE NOMINATIONS ex-officio Pileggi, Chair Orie, Vice Chair ENVIRONMENTAL RESOURCES AND ENERGY White, M.J., Chair Alloway Robbins Hughes Erickson, Vice Chair Corman Wonderling Kasunic Earll Yaw Logan Baker Yaw Stout Mcllhinney Mellow* O'Pake Vogel Musto* Williams Piccola Costa Scarnati, White, D. Dinniman Scarnati, ex-officio ex-officio STATE GOVERNMENT FINANCE McIlhinney, Chair Browne, Chair Folmer, Vice Chair Earll, Vice Chair Brubaker White, D. Tartaglione Corman Vance Williams Corman Williams* Washington Eichelberger Ferlo* Wozniak Pippy Dinniman Scarnati, One Washington Scarnati, ex-officio ex-officio TRANSPORTATION GAME AND FISHERIES Wonderling, Chair Alloway, Chair White, D., Vice Chair McIlhinney, Vice Chair Earli Rafferty Fontana Eichelberger Wonderling Mellow Gordner Tomlinson Hughes Pippy Kasunic* Wozniak McIlhinney Stout* Kasunic Robbins Boscola Scamati, Pippy Boscola Scarnati, ex-officio ex-officio

JUDICIARY URBAN AFFAIRS AND HOUSING Greenleaf, Chair Yaw, Chair White, M.J., Vice Chair Eichelberger, Vice Chair Browne Piccola Costa Folmer Waugh Fontana Earll Rafferty Fontana Smucker Kitchen* Washington Gordner Leach* Stack Vogel Ferlo Scarnati, One Boscola Scarnati, ex-officio ex-officio VETERANS AFFAIRS AND LABOR AND INDUSTRY EMERGENCY PREPAREDNESS Gordner, Chair Baker, Chair Smucker, Vice Chair Robbins, Vice Chair Brubaker White, D. Kasunic Tomlinson Wonderling Kitchen Washington Folmer Tartaglione* Stack Ward Farnese* Scarnati, Mcllhinney Farnese Scarnati, Waugh Dinniman ex-officio ex-officio

LAW AND JUSTICE *Minority Chair **Minority Vice Chair Rafferty, Chair Alloway, Vice Chair NOTIFICATION OF SPECIAL CEREMONIES Erickson Yaw Stack The PRESIDENT. The Chair lays before the Senate the fol- Mcllhinney Logan* Tartaglione lowing transcripts of the ceremonies occurring in the Senate Pippy Fontana Scarnati, Chamber on November 26, 2008, and December 3, 2008. ex-officio 2009 LEGISLATIVE JOURNAL - SENATE 31

(The following are transcripts of the administration of oaths THE PRESIDENT PRO TEMPORE-ELECT: The Constitution of of office.) the United States. JUSTICE EAKIN: And the Constitution of the Commonwealth of Pennsylvania. COMMONWEALTH OF PENNSYLVANIA THE PRESIDENT PRO TEMPORE-ELECT: And the Constitu- SENATE OF PENNSYLVANIA tion of the Commonwealth of Pennsylvania. JUSTICE EAKIN: And that I will discharge the duties of my of- fice. In re: THE PRESIDENT PRO TEMPORE-ELECT: And that I will dis- charge the duties of my office. Swearing-in Proceedings of Senator-elect and JUSTICE EAKIN: With fidelity. President pro tempore-elect Joseph B. Scarnati III THE PRESIDENT PRO TEMPORE-ELECT: With fidelity. JUSTICE EAKIN: Congratulations. THE PRESIDENT PRO TEMPORE: Thank you, Justice. SENATOR PICCOLA: Congratulations. Stenographic report of proceedings THE PRESIDENT PRO TEMPORE: Thank you. held in Senate Chamber, Main Capitol (Applause.) Building, Harrisburg, Pennsylvania SENATOR PICCOLA: The Chair wishes to thank Justice Eakin, and it is now my privilege to present the President pro tempore of the Wednesday Senate of Pennsylvania, the Honorable Joe Scarnati. November 26, 2008 Senator Scarnati. 9:00 a.m. THE PRESIDENT PRO TEMPORE: Senator Piccola, Justice Eakin, Members, thank you very much. As this day before Thanksgiving HONORABLE JEFFREY E. PICCOLA, Presiding we gather here for this important occasion, I will be submitting my remarks for the record. Thank you, and have a happy Thanksgiving. JUSTICE J. MICHAEL EAKIN, Justice, Supreme Court (Applause.) of Pennsylvania, Administering Oath of Office SENATOR PICCOLA: This concludes the ceremony. The Chair thanks everyone in attendance. Reported by: (Whereupon, the proceedings were concluded at 9:08 a.m.) Ann-Marie P. Sweeney Chief Official Reporter Senate of Pennsylvania I hereby certify that the proceedings are contained fully and accu- rately in the notes taken by me during the hearing of the within cause, SENATOR PICCOLA: Good morning. Senator Scarnati was and that this is a true and correct transcript of the same. elected to serve as the Interim President pro tempore of the Senate on November 20th. However, the oath of office was not administered at that time. We will do that today. ANN-MARIE P. SWEENEY To serve as the Interim President pro tempore, Senator Scarnati Chief Official Reporter must also be administered the oath of office for his new term as a State Senate of Pennsylvania Senator. We will now proceed to receive the returns of the election for the 25th Senatorial District from the election held on November 4, THE FOREGOING CERTIFICATION DOES NOT APPLY TO 2008. ANY REPRODUCTION OF THE SAME BY ANY MEANS UNLESS The Chair lays before the Senate the following communication UNDER THE DIRECT CONTROL AND/OR SUPERVISION OF THE from the Secretary of the Commonwealth, which the clerk will read. CERTIFYING REPORTER. THE CLERK: Official election returns, Senator in the General Assembly, 25th Senatorial District, November 4, 2008: ANN-MARIE P. SWEENEY Chief Official Reporter Republican, Joseph B. Scarnati III, 64,103 votes; Senate of Pennsylvania Democrat, Donald L. Hilliard, 31,979 votes. Room 644, Main Capitol Building Harrisburg, PA 17120 SENATOR PICCOLA: For the record, the Secretary of the Com- (717)787-4206 monwealth has also certified that the Senator-elect has filed the ac- counts and affidavits required by the Election Code. Will Senator Scarnati please approach the rostrum of the Senate for the administration of the oath of office for both his new term in the COMMONWEALTH OF PENNSYLVANIA Senate as well as President pro tempore for the interim. SENATE OF PENNSYLVANIA It is an honor and a privilege to have with us today the Honorable J. Michael Eakin, Justice of the Supreme Court of Pennsylvania He has kindly consented to be with us today to administer the oath of office to Senator Scarnati. In re: Swearing-in Proceedings of Please rise. Lieutenant Governor Joseph B. Scarnati III JUSTICE EAKIN: Senator, raise your right hand and repeat after me. I, and your name. THE PRESIDENT PRO TEMPORE-ELECT: I, Joseph Scarnati. Stenographic report of proceedings JUSTICE EAKIN: Do solemnly swear. held in Senate Chamber, Main Capitol THE PRESIDENT PRO TEMPORE-ELECT: Do solemnly swear. Building, Harrisburg, Pennsylvania JUSTICE EAKIN: That I will support, obey and defend. THE PRESIDENT PRO TEMPORE-ELECT: That I will support, Wednesday obey and defend. December 3, 2008 JUSTICE EAKIN: The Constitution of the United States. 11:00 a.m. 32 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

HONORABLE DON WHITE, Presiding room can agree that eight years in politics and staying friends with the Member you came in with of the same class is truly a unique thing and HONORABLE JOHN M. CLELAND, Judge, Pennsylvania a blessing, and I cherish that friendship with Don and I appreciate him Superior Court, Administering Oath of Office being here. And to my colleagues, each of you, thank you so much for attending this ceremony here today. To my family, my mother and my Reported by: father are here, thank you so much for -- I always say when I was grow- Ann-Marie P. Sweeney ing up they let the apron strings loose a little bit and let me venture out Chief Official Reporter on my own, and so it's hard to believe that, I know in their minds it's Senate of Pennsylvania hard to believe I'm standing here today, but you did have a good part in it. SENATOR D. WHITE: Good morning, and welcome. Today, the (Laughter.) oath of office to become this Commonwealth's the 31st Lieutenant Gov- Amy, thank you for always putting up with me and being a great, ernor for the term expiring on the third Tuesday of January 2011 will be bright spot in my life. I appreciate you being here. And my staff. You're administered to Senator and President pro tempore Joe Scarnati of Jef- like my family. There's not any one of you here that I wouldn't invite to ferson County. my house on Christmas day, and I greatly appreciate everything that you The ceremony will be opened with prayer. Prayer will be offered by do for me, everything. You have those kind hands behind me making the Very Reverend James M. Lyons, Pastor of Prince of Peace Catholic sure that if I just start to stumble a bit, you're there to push me back up. Church, in Steelton, Pennsylvania. And my many friends today, all of you that are here and have been with REVEREND LYONS: Almighty and eternal God, You have re- me for quite some time. A lot of you began with me on that crazy eight vealed Your glory to all nations. 0 God of power and might, wisdom years ago when we had this idea of an independent running for the State and justice, through You authority is rightly administered, laws enacted, Senate and we pulled something off that I think ultimately was the and judgment is decreed. We pray for Senator Joseph B. Scarnati III on greatest reform measure in the Commonwealth of Pennsylvania, and I this, the occasion of his inauguration as the 31st Lieutenant Governor thank all of you for being here today. of the Commonwealth of Pennsylvania. May his service be conducted And as I assume this position today as Lieutenant Governor, it is in righteousness and may he discharge his duties with honesty and abil- with great humility and it's certainly in the shadows of the loss of our ity. During this solemn ceremony, let us also remember with fondness Lieutenant Governor, Catherine Baker Knoll. And I take this oath, I take and in prayer the former Lieutenant Governor, Catherine Baker Knoll. it with great respect to the Commonwealth and great respect for her May the Members of this Senate continue to know the many bless- service. ings of the almighty and eternal God and open their hearts and minds to Now, there's been a lot of to-do in the media, my friends in the his assistance through his divine spirit of counsel. We pray all this in media here today, about Governor and Joe Scarnati getting Your holy name, Amen. along. You know, are they going to like each other? Are they going to SENATOR D. WHITE: Please be seated. work together for the betterment of the Commonwealth? Well, let me The Chair thanks Father Lyons, who is the guest today of our new lay to rest any questions there are. Certainly, one issue about spending, Lieutenant Governor-to-be, Senator Joe Scarnati. the Governor and I agree a lot about spending. He likes to spend money Will Senator Scarnati please approach the rostrum of the Senate for in Philadelphia, and I like to spend money in the 25th District. We'll get the administration of the oath of office for his term as Lieutenant Gover- along well. nor of this Commonwealth. It's an honor and privilege today to have (Laughter.) with us the Honorable John M. Cleland, ajudge of the Superior Court And certainly on Philadelphia itself, you know, we agree on Phila- of Pennsylvania. He has kindly consented to be with us today to admin- delphia. Cheese steaks should be available everywhere. Certainly, that's ister the oath of office to Senator Scarnati. important. Please rise. (Laughter.) JUDGE CLELAND: Please place your right hand on the Bible -- Now, the Governor likes to remind me also that he won with 61 left hand on the Bible, raise your right hand, and repeat after me. I, percent of the vote two years ago, and we have that in common. I won Joseph B. Scarnati III. with 67 percent of the vote. So we'll get along well. THE PRESIDENT PRO TEMPORE: I, Joseph B. Scarnati III. (Laughter.) JUDGE CLELAND: Do solemnly swear. You know, I have a borough in my Senate district, Clearfield Bor- THE PRESIDENT PRO TEMPORE: Do solemnly swear. ough, and about a year ago I was there at a meeting and they unveiled JUDGE CLELAND: That I will support, obey and defend the a new committee, the committee was called Clearfield 2020, 20/20 Constitution of the United States. vision. And what they talked about in this committee was looking ahead THE PRESIDENT PRO TEMPORE: That I will support, obey and to the year 2020. What did they want their community to look like? defend the Constitution of the United States. What were their goals? What were their expectations? Where did they JUDGE CLELAND: And of this Commonwealth. want this community to go? THE PRESIDENT PRO TEMPORE: And of this Commonwealth. Now, some of you may be questioning, why am I talking about JUDGE CLELAND: And that I will discharge the duties of my Clearfield? Because exactly what Clearfield did last year is what this office with fidelity. Commonwealth needs to be doing today. We need to have a vision. We THE PRESIDENT PRO TEMPORE: And that I will discharge the have to have a vision of the future. We need a vision for working fami- duties of my office with fidelity. lies that all of us in this room know are struggling terribly today. We JUDGE CLELAND: So help me God. have to have a vision for our job creators that they know what to expect, THE PRESIDENT PRO TEMPORE: So help me God. they know what the atmosphere is going to be for job creation and in- JUDGE CLELAND: Congratulations. vestment here in the Commonwealth. We have to have a vision for our (Applause.) senior citizens so they know what to expect in years to come. And they SENATOR D. WHITE: Please be seated. need to know that there is light at the end of the tunnel. And Governors, The Chair wishes to thank Judge Cleland. legislators, Lieutenant Governors, we're all going to come and go, but It is now my privilege to present the Lieutenant Governor of this the vision should stay, the goals should remain, in order to make this Commonwealth, the Honorable Joe Scarnati. Commonwealth a greater place to be. (Applause.) And we do have so many issues before us, issues that are very diffi- LIEUTENANT GOVERNOR SCARNATI: Well, thank you. Gov- cult to address, issues that both Democrats and Republicans agree that ernor Rendell, thank you for the past weeks extending your kindness we should tackle. Transportation funding; affordable, accessible and your help throughout this very difficult process. Judge Cleland, my healthcare; family-sustaining jobs; a growing fiscal problem, and the list judge from McKean County who now is a member of the State appellate can go on and on and on. And if I can do one thing, and the question court, for being here, and your wife. I greatly appreciate it. Senator Don has been posed to me, what do you want to do as Lieutenant Governor, White, one of my truest friends in politics. I think that many of us in this and if I could do one thing as Lieutenant Governor in these next two 2009 LEGISLATIVE JOURNAL - SENATE 33 years, that would be to work with Governor Rendell, my colleagues in from this year's fiscal year budget. But we can do better even this year, this Chamber and in the House, so that we can build that vision, we can and we've got to look ahead to next year. And I think Joe and I both build a vision that is brighter and clearer for everybody in Pennsylvania. agree that whatever we spend, it should be effective, it should be tar- And most of all, we have to give hope. People want hope. The geted to meeting the real challenges of the people of Pennsylvania, and working families need hope. Senior citizens need hope that tomorrow there should be no waste at all in any of our spending programs. I think is going to be a better day, and we need to make sure that that message he'll be a great ally in helping us use this opportunity as a way of look- and that vision is underlined. And that this Commonwealth certainly ing at each program. Does it have a valuable target? Yes. Well, are we will face better days ahead with what decisions we make here today. achieving progress? And if the answer is no, no matter how valuable the Thank you all for being here, and God bless. target may be, maybe we should close down the program. And it's my (Applause.) thought that we have to take a look at everything we do. And Joe will SENATOR D. WHITE: Thank you, Lieutenant Governor Scarnati. be an invaluable part in that effort, of course working with the caucuses. I'd like now to invite the Governor of this Commonwealth, the We have to prioritize as well. There's no question about that. I was Honorable Edward G. Rendell, to the rostrum for any remarks he may watching -- this is a sad commentary on my life, but I watched PCN last wish to make. night from 11:30 to 1 o'clock. They had a seminar on the budget, one of (Applause.) these private nonprofits, a seminar on the budget. And they talked about GOVERNOR RENDELL: Good morning, everyone. Let me begin the fact that out-of-State corporations in Pennsylvania have a huge by congratulating Governor Scarnati and his family. This is a great day advantage over in-State corporations because of the way we apply our for the family, a great day for Joe, a great day for all of his friends, and CNI. And one of the economists said they should put a sign on the a wonderful day for his colleagues too. You may have gotten 67 percent Pennsylvania Turnpike saying, come to Pennsylvania, we're open for of the vote back home, Joe, but I understand you were unanimously business, and you can come in and pick our pocket. Well, I don't know elected as President of the Senate again just a few days ago as well. if that's literally true, but I do know that there's a huge advantage be- (Applause.) cause of the way we have an antiquated tax structure, there's a huge And that's a true reflection of the esteem and the respect that your advantage to out-of-State companies as opposed to companies that are colleagues have for you, and I think that extends to both sides of the in-State because of the way that we do our accounting and our report- aisle. Senator O'Pake was here to offer his congratulations, and I think ing. We should look at these issues. that's true on both sides of the aisle. We should look at issues like the need to consolidate municipalities Joe was asked about the question of having a Democratic Governor and school districts. Everybody knows that we need to do that, but and a Republican Lieutenant Governor shortly after Catherine Knoll we've never had the political will to do it. Well, now maybe with a passed away, and he pointed out that many States have that. In many Democratic Governor and a Republican Lieutenant Governor and two States, the Governor and Lieutenant Governor run separately and there Houses that are equally split among both parties, we can develop some are separate elections and often it winds up with one party having the bipartisan review and make those changes that are so important in help- governorship and one party having the lieutenant governorship. And ing Pennsylvanians meet the challenge of 2020. Clearfield Borough was they generally get along and act in the best interest of the Common- very smart to look at 2020. I've always tried to do that, but I think we wealth. Well, I want to echo what Joe said and reassure the citizens of need, as a government, as an executive branch, as a legislative branch, this Commonwealth that he and I will work together and will work in we need together to look at where we want Pennsylvania to be in the the best interests of the people of this State. year 2020. I think that's a good guidepost for the next two years, Joe. Will there be times when we'll have philosophical disagreements or And that means looking at these long-range issues, looking at our tax disagreements about the best way to implement things? Sure. But we structure, comparing our tax structure to other States, looking at our will work through those because we know what our mission is, and our municipalities and school districts. mission was beautifully outlined by Joe in his remarks. And Joe I think The State of New Jersey has 27 school districts. We have 501. It understands, as all of us in this Chamber here today, that he takes office doesn't work anymore. It doesn't make financial sense, it doesn't make at a difficult time for the Commonwealth. This economic recession has administrative sense, and these are the challenges that we have to under- been evaluated by economists that say it's the worst financial challenge take. And I think that the Lord has given us an opportunity putting Joe that this country has faced since the Great Depression. Now, we in and I together in what is truly going to be a bipartisan administration. Pennsylvania have handled it better up till now than we have in the past So I'm looking forward to the next two years, and I know Joe will because I think we've had a good economy over the last four or five be a partner. And again, we will disagree on certain things, there's no years that's enabled us to end last year with a surplus while many of our question about that, but we will disagree amicably and we will try to large State colleagues ended up with billions of dollars of deficits, but work out those disagreements in the best interests of the people of the it is clear that the national financial picture has come to Pennsylvania, Commonwealth. and we have severe challenges. Two o'clock this afternoon, I'm going So Joe, to your family, again, congratulations. This is a wonderful to be announcing a second round of significant budget cuts for our way to start the holiday season, and I hope all of you have a great holi- departments and our agencies and many of our programs. None of those day season and come back after the New Year ready to work and do cuts are without pain. They're significant, and they still may be the tip some great things in the next two years for the people of Pennsylvania. of the iceberg in terms of what we have to do for the balance of this (Applause.) fiscal year and as we look towards next year as well. SENATOR D. WHITE: Thank you very much, Governor, for your But I believe, and it's been my experience in my career, that I con- remarks. sider it to be a wonderful opportunity for me in my 31 years in elective I'd also like to take this opportunity to thank my dear friend and office, I believe that crisis is just a good excuse for having an opportu- new Lieutenant Governor Scarnati for the honor of presiding over this nity to make a positive change happen. And Joe talked about this, and ceremony today. I think this challenge that we're facing gives us an opportunity to do That concludes today's ceremony. Thank you, one and all. many things. We need to obviously reduce spending, and I'm proud of (Whereupon, the proceedings were concluded at 11:29 a.m.) working together, the legislature and I have taken $1.2 billion out of our annual spending on the operation side of government, and that's some- thing that, again, has put us in better shape to withstand the financial I hereby certify that the proceedings are contained fully and accu- pressures than most States. We've already done that, but we can do rately in the notes taken by me during the hearing of the within cause, more, and there's no question about that. And one of the things that I've and that this is a true and correct transcript of same. asked Joe to undertake is to be the administration's representative to the four caucuses in finding ways to continue to make those cuts. We cer- tainly don't have a monopoly of good ideas when it comes to making ANN-MARIE P. SWEENEY programs work more effectively, cutting out waste, et cetera. Chief Official Reporter This afternoon at 2:00 I will announce I guess the second round of Senate of Pennsylvania administration cuts, and we will be at well over $425 million in cuts 34 LEGISLATIVE JOURNAL - SENATE JANUARY 6,

THE FOREGOING CERTIFICATION DOES NOT APPLY TO Constitution of the Commonwealth of Pennsylvania ANY REPRODUCTION OF THE SAME BY ANY MEANS UNLESS and the amount of outstanding net debt as of UNDER THE DIRECT CONTROL AND/OR SUPERVISION OF THE December 18, 2008 ...... $47,502,834,268 CERTIFYING REPORTER. IN TESTIMONY WHEREOF, I have hereto set my hand and af- ANN-MARIE P. SWEENEY fixed the seal of the Auditor General, this 16th day of December 2008. Chief Official Senate Reporter Senate of Pennsylvania JACK WAGNER Room 644, Main Capitol Building Auditor General Harrisburg, PA 17120 Commonwealth of Pennsylvania (717) 787-4205 ANNUAL REPORT ON AUTO GENERAL COMMUNICATIONS INSURANCE STATISTICS The PRESIDENT laid before the Senate the following com- munications, which were read by the Clerk as follows: The PRESIDENT laid before the Senate the following com- munication, which was read by the Clerk as follows: AUDITOR GENERAL'S CERTIFICATE COMMONWEALTH OF PENNSYLVANIA Insurance Department The PRESIDENT laid before the Senate the following com- 1326 Strawberry Square munication, which was read by the Clerk as follows: Harrisburg, PA 17120

COMMONWEALTH OF PENNSYLVANIA December 22, 2008 OFFICE OF THE AUDITOR GENERAL Harrisburg, PA 17120-0018 Mr. Mark Corrigan Secretary Parliamentarian December 16, 2008 Senate of Pennsylvania 462 Main Capitol r The Honorable Joseph B. Scarnati Har isburg, PA 17120 Lieutenant Governor COMMONWEALTH OF PENNSYLVANIA Dear Mr. Corrigan: 200 Main Capitol Building Harrisburg, Pennsylvania 17120 Section 1723 of Title 75 (Motor Vehicle Financial Responsibility Law) requires the Insurance Department to make an annual report to the Dear Lieutenant Governor Scarnati: General Assembly on various auto insurance statistics. Specifically the Law states, "Beginning December 31, 1986, and each year thereafter In accordance with the provisions of Article VIII, Section 7(a)(4) each insurance company writing automobile insurance in this Common- of the Constitution of the Commonwealth of Pennsylvania and Section wealth shall file with the Insurance Department the number of its 304 of the Capital Facilities Debt Enabling Act (Act I of 1999, as insureds, the number of its insureds who have purchased first party amended), I am providing you with the accompanying certification in medical benefits in excess of the minimum required by § 1711 (relating connection with the general obligation bond sale of December 9, 2008. to required limits), and the number of insureds who have purchased first A duplicate original of the Auditor General's Certificate is enclosed. party medical benefits under §1715(a)(1) and (1.1) (relating to availabil- ity of adequate limits). The Insurance Department shall furnish this Sincerely, information to the General Assembly annually." Accordingly, please find attached the following report that I am JACK WAGNER submitting to the General Assembly in compliance with this statutory Auditor General requirement. The information contained in the report is the most recent data available. Should any questions arise regarding the figures listed or the illus- trative charts, members should feel free to contact me or Deputy Com- AUDITOR GENERAL'S CERTIFICATE missioner Randy Rohrbaugh. Pursuant to As always, thank you for your assistance in distributing this report ARTICLE VIII, Section 7(a)(4) on my behalf. of the CONSTITUTION OF PENNSYLVANIA Sincerely, and Section 304 of the Capital Facilities Debt Enabling Act Insurance Commissioner To the Governor and The General Assembly: The PRESIDENT. This report will be filed in the Library. I, Jack Wagner, Auditor General of the Commonwealth of Pennsyl- vania, pursuant to Article VIII, Section 7(a)(4) of the Constitution of Pennsylvania and Section 304 of the Capital Facilities Debt Enabling ANNUAL REPORT ON THE WIRETAPPING AND Act (Act I of 1999, as amended), certify as follows: ELECTRONIC SURVEILLANCE CONTROL ACT The amount of outstanding net debt as of December18, 2008 ...... $ 6,901,718,753 The PRESIDENT laid before the Senate the following com- munication, which was read by the Clerk as follows: The difference between the limitation upon all net debt outstanding as provided in Article VIII, Section 7(a)(4) of the 2009 LEGISLATIVE JOURNAL - SENATE 35

Supreme Court of Pennsylvania The PRESIDENT. This report will be filed in the Library. 1818 Market Street, 37th Floor Philadelphia, PA 19103 SMALL BUSINESS ENVIRONMENTAL ASSISTANCE ANNUAL REPORT December 22, 2008 The PRESIDENT laid before the Senate the following com- Mr. Mark R. Corrigan Secretary/Parliamentarian of the Senate munication, which was read by the Clerk as follows: Commonwealth of Pennsylvania 462 Main Capitol Department of Environmental Protection Harrisburg, PA 17120 Rachel Carson State Office Building P.O. Box 2063 Dear Mr. Corrigan, Harrisburg, PA 17105-2063 December 26, 2008 In accordance with Section 5723(d) of the Wiretapping and Elec- tronic Surveillance Control Act, 18 Pa.C.S.§5723(d), I forward herewith Mr. Mark R. Corrigan the required annual report. Secretary of the Senate Senate Post Office Box 203053 Very truly yours, Harrisburg, PA 17120-3053

RONALD D. CASTILLE Dear Mr. Corrigan: Chief Justice of Pennsylvania The Department of Environmental Protection (DEP) is pleased to present to you its Small Business Environmental Assistance Annual The PRESIDENT. This report will be filed in the Library Report. This report summarizes the accomplishments of the program in assisting the small business community throughout the Commonwealth ANNUAL STATISTICAL REPORT of Pennsylvania. The documented interactions on a variety of outreach and financial assistance programs demonstrate the strong desire of the OF THE INSURANCE DEPARTMENT small business community to see these programs continued and ex- panded. The PRESIDENT laid before the Senate the following com- If you should have any questions, please do not hesitate to contact munication, which was read by the Clerk as follows: Ann Knaus, Office of Legislative Affairs, by e-mail at aknaus().state.na.us or by telephone at 717-783-8303. Thank you for your interest in this report and for continuing to COMMONWEALTH OF PENNSYLVANIA partner with DEP to promote a clean environment and strong business Insurance Department climate for all Pennsylvania businesses. 1326 Strawberry Square Harrisburg, PA 17120 Sincerely,

December 23, 2008 Acting Secretary To the General Assembly Commonwealth of Pennsylvania The PRESIDENT. This report will be filed in the Library. Harrisburg, Pennsylvania 17120 ANNUAL REPORT OF THE Re: Annual Statistical Report PENNSYLVANIA CONSERVATION CORPS July 1, 2007, to June 30, 2008 Dear Members: The PRESIDENT laid before the Senate the following com- munication, which was read by the Clerk as follows: In accordance with Section 219 of The Insurance Department Act of May 17, 1921, P.L. 789, I am pleased to submit the Annual Statistical COMMONWEALTH OF PENNSYLVANIA Report of the Insurance Department of the Commonwealth of Pennsyl- Department of Labor and Industry vania for the fiscal year ending June 30, 2008. 651 Boas Street, Room 1700 This report shows the financial condition of companies, associa- Harrisburg, PA 17121 tions, exchanges, societies and others doing business in this Common- wealth. The statistics contained in the report were compiled from the December 31, 2008 December 31, 2007, Annual Statements filed with the Department by these entities. Mark R. Corrigan As the fifth largest insurance marketplace in the nation, we are Secretary-Parliamentarian of the Senate proud of Pennsylvania's record of expanding services to its citizens Room 462 Capitol Building while providing a business friendly environment for insurance compa- Harrisburg, PA 17120 nies to flourish. For the period covering July 1, 2007, through June 30, Roger Nick 2008, approximately 1,700 companies were licensed to do insurance Chief Clerk of the House of Representatives business in the Commonwealth. Room 129 Capitol Building The Insurance Department strives to make Governor Rendell's Harrisburg, PA 17120 vision of Pennsylvania a reality by fostering an enlightened insurance marketplace where fair competition spurs better products and better Gentlemen: prices for the citizens of the Commonwealth. I am pleased to submit the Pennsylvania Conservation Corps (PCC) Sincerely, annual report for fiscal year 2007-08, the Corps' 24th year of operation. Last year, 374 young men and women were given the opportunity JOEL ARIO to gain self-confidence and improve their employability as members of Insurance Commissioner 36 LEGISLATIVE JOURNAL - SENATE JANUARY 6, the PCC. More than 100 corpsmembers completed courses at Congratulations of the Senate were extended to Mr. and Mrs. vocational-technical schools and technical training centers; 13 took at H. Vincent Eby, Mr. and Mrs. Gary Craven, Mr. and Mrs. Ed- least one college class; and 22 earned GEDs. More than a third of all corpsmembers moved directly into jobs upon leaving the Corps. ward M. Binkley, Matthew R. Rutherford, J. Andrew Wenger During the fiscal year, the PCC completed 47 projects in 32 coun- and to Kathryn M. Mummert by Senator Brubaker. ties. Corpsmembers constructed or renovated 73 campsites, 19 pavilions Congratulations of the Senate were extended to the University and 68 support buildings; improved or developed 53 miles of trails and of Pennsylvania School of Veterinary Medicine by Senators over 300 acres of wildlife habitat; helped preserve five historic build- ings and 9,700 historical artifacts; and planted more than 49,000 seed- Brubaker and Pileggi. lings and trees--to name just a few of their accomplishments. Congratulations of the Senate were extended to Mr. and Mrs. In summary, FY 2007-08 reflected a tradition of challenges, oppor- Robert W. Howell, Steve Knudson, Ethan Pellman, Seth Irvin tunities and accomplishments, all of which are documented in the pages Clark, Michael Robert Hogan, Matthew Thomas Hogan, Jeff that follow. Kelly and to Jerome R. Spease by Senator Corman. Sincerely, Congratulations of the Senate were extended to Frederic R. Ernsberger and to Natalie Ann Ferraro by Senator Costa. SANDI VITO Congratulations of the Senate were extended to Joseph W. Acting Secretary Kujawski, Edward L. Welsh, Charles J. Owens, Luke M. Tamney, Matthew Joseph DiSanto, Michael James Anderson, The PRESIDENT. This report will be filed in the Library Rebecca Carey, Evan Steinberger, Mildred Lukashiw, David APPOINTMENTS BY THE Bussom, Michael Schwind, Jr., Garrett Miller, Ashbridge House PRESIDENT PRO TEMPORE of Downingtown and to St. Paul's Baptist Church of West Ches- ter by Senator Dinniman. The PRESIDENT. The Chair wishes to announce the Presi- Congratulations of the Senate were extended to Nancy dent pro tempore has made the following appointments: Burkhart Kovel by Senator Eichelberger. Senator Sean F. Logan as a member of the Legislative Audit Congratulations of the Senate were extended to Sharon P. Advisory Commission. Miller and to Carla Gladden by Senator Erickson. Senator Mary Jo White as a member of the Environmental Congratulations of the Senate were extended to Anne Quality Board. Mahlum, Theresa De Cero and to the Graboyes Commercial Mr. Joseph W. Marshall III as a Commonwealth Trustee of Window Company by Senator Famese. Temple University. Congratulations of the Senate were extended to Evan Scott Mosser by Senator Folmer. APPOINTMENTS BY THE Congratulations of the Senate were extended to Mr. and Mrs. MINORITY LEADER Richard C. Whitmoyer by Senator Gordner. Congratulations of the Senate were extended to Stephen The PRESIDENT. The Chair wishes to announce the Minor- McDermott and to Florence McColley by Senator Greenleaf. ity Leader has made the following appointments: Congratulations of the Senate were extended to Catherine Senator Raphael J. Musto as a member of the Environmental Hellfrich by Senators Greenleaf and Wonderling. Quality Board. Congratulations of the Senate were extended to the Reverend Mr. James Mellow to serve on the Board of the Pennsylvania Dr. Ronald King Hill, the Reverend Clement M. Lupton III, Housing Finance Agency. D'aone Johnson and to J. Denise Barnes by Senator Hughes. CONGRATULATORY RESOLUTIONS Congratulations of the Senate were extended to Shirley Williams-Gibbons and to Emma Williams by Senator Kitchen. The PRESIDENT laid before the Senate the following resolu- Congratulations of the Senate were extended to Harold tions, which were read, considered, and adopted by voice vote: Beckler Pough, Yonaton Yehuda Eckmann, Michael T. Marra- Congratulations of the Senate were extended to Sergeant Ma- Powers and to Temple Brith Achim of King of Prussia by Sena- jor Curtis B. Green by Senator Alloway. tor Leach. Congratulations of the Senate were extended to Mr. and Mrs. Congratulations of the Senate were extended to Wendy Barge George Mizenko, Louise Watson, Frederick San Fanandre and by Senator Logan. to the Back Mountain Police Association of Shavertown by Sena- Congratulations of the Senate were extended to Travis Harry tor Baker. Fosbenner, Brian Charles Murray, Dante Morgnanesi, Danielle Congratulations of the Senate were extended to Chief David Maxwell, Christy Orzulak, Jaclyn M. Berry, Regina McLaughlin, Gashi by Senators Baker and Musto. Matthew Joseph Tentilucci, Andrew David White and to the Congratulations of the Senate were extended to Dr. James E. Point Pleasant Baptist Church by Senator McIlhinney. Sturm, Melissa Freedman and to Quadeerah Havard by Senator Congratulations of the Senate were extended to Garrick Boscola. Charles Krichten by Senators Mcllhinney and Tomlinson. Congratulations of the Senate were extended to the Liberty Congratulations of the Senate were extended to Mr. and Mrs. High School Football Team by Senators Boscola and Browne. Alvin Kirkwood, Frank P. Castellano, Paul Adam Reed, Jr., and Congratulations of the Senate were extended to the Honorable to Frank D. Jones by Senator Mellow. Joseph R. Zeller, Lois M. Griffiths and to Adam Michael Macias Congratulations of the Senate were extended to Peter Sharp, Del Valle by Senator Browne. Joseph K. Jacobs and to Karen Tranell by Senator Musto. 2009 LEGISLATIVE JOURNAL - SENATE 37

Congratulations of the Senate were extended to Dr. David Q. Congratulations of the Senate were extended to Mr. and Mrs. Voight, Jacob Tyler Auman, Steele Michael Phillips, Evan Scott Howard Price, Mr. and Mrs. Thomas Vandzura, Mr. and Mrs. J. Mosser, African American Coalition of Reading and to the Robert New, Mr. and Mrs. S. Joe Stumpo, Mr. and Mrs. Robert American Cancer Society, Berks Unit volunteers, by Senator Edward Lewis, Mr. and Mrs. William E. Barkhimer, Charles O'Pake. Trail, Sr., and to Helen Cessna by Senator Wozniak. Congratulations of the Senate were extended to the members Congratulations of the Senate were extended to Mr. and Mrs. of the Board of Directors, administrators, staff and volunteers of James E. Ennis, Sr., Mr. and Mrs. Carlyle Pepper, Mr. and Mrs. the Berks Visiting Nurse Association by Senators O'Pake and James Allen, Keith J. Howard, Will E. Poost, Devon DeVito, Folmer. Michael W. Istre, Jr., R. Bradley Hess, Jessica Leigh Ranck and Congratulations of the Senate were extended to the Honorable to Taylor Woznicki by Senator Yaw. G. Reynolds Clark, St. Mary of the Assumption Church of Glenshaw and to the Pine-Richland High School Science Bowl CONDOLENCE RESOLUTIONS Team by Senator Orie. The PRESIDENT laid before the Senate the following resolu- Congratulations of the Senate were extended to Chief Donald tions, which were read, considered, and adopted by voice vote: Konkle, Gayle E. Howard and to Sarah Wilson by Senator Condolences of the Senate were extended to the family of the Piccola. late Pauline P. Friedman, to the family of the late Dorothy Grif- Congratulations of the Senate were extended to James L. fith, to the family of the late James H. Jacobs, to the family of the Hinderhofer and to Amelia Pompilii by Senator Pileggi. late Gregg R. Tonkin, to the family of the late Edith H. Firmstone Congratulations of the Senate were extended to Annie Mae and to the family of the late Dorothy Newhouse by Senator Clark, Timothy Salvatore DiFrancesco, Robert Fitzgibbons, Ty- Baker. ler Mackenzie Wood and to Kory Miller by Senator Rafferty. Condolences of the Senate were extended to the family of the Congratulations of the Senate were extended to Dr. John Pat- late Charles A. Brown by Senator Boscola. rick Scullin III, Terry Verrelli and to the Wilmington Area High Condolences of the Senate were extended to the family of the School Football Team by Senator Robbins. late Ella B. Ledbetter and to the family of the late Mark M. Essis Congratulations of the Senate were extended to Mr. and Mrs. by Senator Kitchen. Harold Fillhart, Mary B. Scarnati, Charles V. Erickson, Maxine Condolences of the Senate were extended to the family of the Youngdahl and to Michael N. Trisket by Senator Scarnati. late Marvin L. James by Senator Leach. Congratulations of the Senate were extended to Captain Condolences of the Senate were extended to the family of the Benjamin Kenion, Latter Day Saints Philanthropies, Magee Re- late George Hotchkiss Wetherill, to the family of the late Ronald habilitation Hospital, Independence Blue Cross and to Flat T. D'Auria, to the family of the late Robert H. Winters, to the World Productions by Senator Tartaglione. family of the late Sharon A. Kerwin, to the family of the late Congratulations of the Senate were extended to Kevin Hillborn Darlington, Jr., and to the family of the late Norman R. Glasson, Melissa Haxel, Alan Schaffer, Daniel Darnley, Lorren Boucher by Senator Mcllhinney. Barrett, Harold Voorhees, John Werner, Joseph Huber, Norman Condolences of the Senate were extended to the family of the Schnitzer, James Leonardo, Jr., Jeffrey Philip Miele, Kevin E. late Myrtle B. Quier by Senator O'Pake. Seifert, Harold H. Heffelfinger, Jr., and to Matthew Brahan by Condolences of the Senate were extended to the family of the Senator Tomlinson. late Charles R. Soergel by Senator Orie. Congratulations of the Senate were extended to Josiah Condolences of the Senate were extended to the family of the Lindquist, Janice G. Jensen, Messiah College Women's Soccer late Private First Class Christopher W. Lotter by Senator Pileggi. Team, Messiah College Men's Soccer Team and to Harrisburg Condolences of the Senate were extended to the family of the Academy by Senator Vance. late Edgar N. Putman by Senators Tomlinson, Greenleaf, and Congratulations of the Senate were extended to Mr. and Mrs. Wonderling. Gill Clark, Christena Williford, Benjamin Adam Clear and to the Martin Luther King Celebration Committee by Senator Vogel. POSTHUMOUS CITATION Congratulations of the Senate were extended to Charles A. The PRESIDENT laid before the Senate the following cita- Benson by Senator Ward. tion, which was read, considered, and adopted by voice vote: Congratulations of the Senate were extended to the Salem A posthumous citation honoring the late Christopher Evans Baptist Church of Jenkintown by Senator Washington. was extended to the family by Senator Ferlo. Congratulations of the Senate were extended to Edwin Snyder, Sr., Dale Snyder, Chase Barnett, Richard Rutledge, Dale PETITIONS AND REMONSTRANCES Ehrhart, Jr., Francis Deller, Vincent J. Velez and to Anderson Produce of Dallastown by Senator Waugh. The PRESIDENT. The Chair recognizes the gentleman from Congratulations of the Senate were extended to Preston Montgomery, Senator Rafferty. Clinton Hall by Senator M.J. White. Senator RAFFERTY. Mr. President, I want to take this oppor- Congratulations of the Senate were extended to Burlyn Moyer tunity to thank you for allowing me to preside today over the and to the North Penn High School Girls' Varsity Water Polo Senate of Pennsylvania. It was a very special day. It was indeed Team by Senator Wonderling. an honor and a privilege, and then to have the opportunity to 38 LEGISLATIVE JOURNAL - SENATE JANUARY 6, welcome you once again as President pro tempore of the Senate of Pennsylvania. And I do want to thank the Secretary of the Senate, Mr. Mark Corrigan, for his assistance and for his guid- ance as I performed the job as Presiding Officer, along with the Clerks of the Senate, who were very helpful and beneficial as well. So thank you, Mr. President, and to all the Senators-elect, especially the new faces here in the Senate, I wish them a very happy and productive Session. Thank you, Mr. President. The PRESIDENT. The Chair appreciates your comments and recognizes your service today. Thank you.

ANNOUNCEMENT BY THE SECRETARY The following announcement was read by the Secretary of the Senate:

SENATE OF PENNSYLVANIA

COMMITTEE MEETING

TUESDAY, FEBRUARY 10, 2009

10:00 A.M. PUBLIC HEALTH AND WELFARE Hrg. Rm. 1 (public hearing on overview of North Off. drug and alcohol funding and service delivery system)

RECESS The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I move that the Senate do now recess until Tuesday, January 20, 2009, at 4 p.m., Eastern Standard Time. The motion was agreed to by voice vote. The Senate recessed at 2:36 p.m., Eastern Standard Time.