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COMMONWEALTH OF PENNSYLVANIA Legislative Journal TUESDAY, JANUARY 5, 2021 SESSION OF 2021 205th OF THE GENERAL ASSEMBLY No. 1 SENATE Senator AUMENT. Mr. President, I understand it is a request, but I just want to be clear that it was not in the form of a motion. TUESDAY, January 5, 2021 The PRESIDENT. Asking that all our guests and Senators please, out of respect for Senator Anthony Williams and others, The PRESIDENT. This being the constitutional day and hour to please put a mask on. The request has been extended. Thank for the convening of the 205th regular Session of the General you, Senator Anthony Williams. Assembly, the Senate will please come to order. The Chair recognizes the gentleman from Bucks, Senator Santarsiero. The PRESIDENT (Lieutenant Governor John K. Fetterman) Senator SANTARSIERO. Mr. President, I would like to speak called the Senate to order at 12 m., Eastern Standard Time. briefly on Senator Anthony Williams' request. I know that there ANNOUNCEMENT BY THE PRESIDENT is a rule with respect to visitors and non-Members to be wearing masks. Members, while enjoying the privileges of being Mem- The PRESIDENT. Senators and guests, please take your seats. bers of this body, are no less capable of contracting and spread- For the safety of the Senators and guests, in compliance with the ing COVID-19. As a consequence, I think, frankly, this needs to wishes of the State Fire Marshal, the Chair requests that those be more than a simple request, particularly now that we know the visitors without a seat please leave the Chamber in order to keep more transmissible variant of the virus is here in the United all exits clear. The Sergeant-at-Arms is hereby ordered to see that States, and, in all likelihood, here in Pennsylvania as well. This there are no standees. is a public health matter. It is not a political statement. It is The Senate will now come to order. The Chair has a special something that we should all be doing out of respect for each announcement this Opening Day. Due to the COVID-19 other and for the staff and, today, for our guests. pandemic, some of our Senate Members who are not taking the Thank you, Mr. President. oath of office may be remotely participating in today's Opening Day Session. This is permissible under parliamentary procedure PRAYER as it is consistent with usage and customs of the Senate from the The following prayer was offered by Hon. MEGAN MAR- last Session. TIN, Secretary of the Senate: MOTION REQUIRING WEARING OF MASKS Let us pray. The PRESIDENT. The Chair recognizes the gentleman from When I was reflecting and preparing today's prayer, I came Philadelphia, Senator Anthony Williams. across these beautiful words from St. Paul in his letter to the Senator A.H. WILLIAMS. Mr. President, there is an issue Romans. They are especially relevant today, given that it is with regard to masks that is kind of obvious to all of us. Based Opening Day and we are convening and organizing our Senate upon the guidelines that have been provided to us from the body today. He wrote: Governor, the CDC, and a variety of others, we are asking that the Senate follow its own guidelines and rules and that all Many parts in one body. For by the grace given to me I tell Members be required to--and all who are participating here--be everyone among you not to think of himself more highly than one ought to think, but to think soberly, each according to the measure of faith that required to wear masks on the floor, and we are presenting that God has apportioned. in the form of a motion. For as in one body we have many parts, and all the parts do not The PRESIDENT. Senator Anthony Williams requests that have the same function, so we, though many, are one body in Christ and everyone on the floor wear a mask. individually parts of one another. Since we have gifts that differ according to the grace given to us, let us exercise them: if prophecy, in proportion to the faith; if ministry, On the question, in ministering; if one is a teacher, in teaching; if one exhorts, in Will the Senate agree to the motion? exhortation; if one contributes, in generosity; if one is over others, with diligence; if one does acts of mercy, with cheerfulness. Senator AUMENT. Mr. President, is that in the form of a motion? That is not a rule of the Senate. Lord, each Senator brings different gifts and talents to the The PRESIDENT. It is a pandemic, Senator Aument. I think Senate and brings different perspectives to this body. Throughout that is an appropriate request, given the number of people that this next legislative Session, help us to see the value in all of the are in this building. gifts and perspectives of one another. Help us to respect the differences, and help us, Lord, to find common ground and ways 2 LEGISLATIVE JOURNAL — SENATE JANUARY 5, to work together as one body for the people of this great Com- Senator A.H. WILLIAMS. Mr. President, ditto to everything monwealth. All this we ask in Your name. Amen. I just said. Thank you. The PRESIDENT. Senator Anthony Williams has requested PLEDGE OF ALLEGIANCE a roll call on mandatory masks. The Clerk will call the roll, with (The Pledge of Allegiance was recited by those assembled, the note that only 25 Senators within the Chamber are entitled to led by the gentleman from Jefferson, Senator-elect Dush.) vote, and the roll call will reflect as such. The Chair recognizes the gentleman from Lancaster, Senator MOTION REQUIRING WEARING Aument. OF MASKS (Continued) Senator AUMENT. Mr. President, just to clarify, the motion is the rule for today, and voting 25 Members, the rule will be in The PRESIDENT. The Chair recognizes the gentleman from effect for today? Philadelphia, Senator Anthony Williams. The PRESIDENT. Correct. Senator A.H. WILLIAMS. Mr. President, I apologize, I had Senator AUMENT. Thank you. not completed my commentary with regard to my request. My The PRESIDENT. The Clerk will call the roll. request is very specific of the Chair in that there is a ruling that mandates all Members and those who are on the floor are And the question recurring, required to wear a mask today. If they choose not to--and by the Will the Senate agree to the motion? way, we want a roll-call vote with regard to it--but if they choose not to, we ask them to leave. This request was made by our The yeas and nays were required by Senator A.H. WIL- Minority Leader, Senator Costa, in the form of a letter to the LIAMS and were as follows, viz: President pro tempore, of which we have not received a re- sponse. So, while it is appropriate to make comments about it, it YEA-25 is much more significant to put it upon a public document, so we are asking a ruling of the Chair to mandate this request of every Arnold Browne Mensch Tartaglione Aument Collett Muth Tomlinson person on this floor. Baker Corman Phillips-Hill Ward, Judy Thank you, Mr. President. Bartolotta Fontana Santarsiero Williams, Anthony H. Blake Haywood Scavello Williams, Lindsey Boscola Kearney Stefano Yudichak And the question recurring, Brooks Will the Senate agree to the motion? NAY-0 The PRESIDENT. The Chair recognizes the gentleman from A majority of the Senators having voted "aye," the question Lancaster, Senator Aument. was determined in the affirmative. Senator AUMENT. Mr. President, may we go at ease for a The PRESIDENT. The motion passes. moment, please? The PRESIDENT. The Senate will be at ease. MOTION TO POSTPONE PRESENTATION (The Senate was at ease.) OF ELECTION RETURNS LEGISLATIVE LEAVE The PRESIDENT. The Chair recognizes the gentleman from Bucks, Senator Santarsiero. The PRESIDENT. The Chair recognizes the gentleman from Senator SANTARSIERO. Mr. President, I rise to make a Lancaster, Senator Aument. motion. Senator AUMENT. Mr. President, I request a legislative leave The PRESIDENT. Senator Santarsiero rises to make a motion. for Senator Arnold. Senator SANTARSIERO. Mr. President, I move that the next The PRESIDENT. The Chair recognizes the gentleman from order of business, the presentation of election returns and the Philadelphia, Senator Anthony Williams. subsequent swearing-in of Members, be postponed until such Senator A.H. WILLIAMS. Mr. President, for the benefit of time as the Federal District Court of the Western District of those who are here and may not understand the process, not Pennsylvania disposes of the matter captioned Ziccarelli vs. every Member on the Senate floor is able to vote, so for those Allegheny County. who are on Zoom, in particular the folks who represent my side of the aisle, I want them to be aware, if you are in a seat that is On the question, an even-numbered seat, you are able to vote. If you are not, you Will the Senate agree to the motion? are not able to vote. So, I just want to make sure that people on Senator SANTARSIERO. Mr. President, this motion is both sides of the aisle understand how the rules apply. So it is not necessary because while 25 Members of the State Senate have every Member of the Senate-- been duly elected to this Chamber in the past election in Novem- The PRESIDENT. Senator, with all due respect, we are just ber, and therefore should be sworn in today in this Chamber, as doing leaves of absence right now.