COMMONWEALTH OF PENNSYLVANIA

TUESDAY, JANUARY 31, 2006

SESSION OF 2006 190TH OF THE GENERAL ASSEMBLY NaT

SENATE a Senate that was filled with wise leaders. This is a complicated time to be a State leader. I pray for them here today, that they TUESDAY, January 31,2006 will be worthy of the moment. Continue to bless the Pennsylva­ The Senate met at 1 p.m., Eastern Standard Time. nia State Senate, continue to bless our great State of Pennsylva­ nia, and continue to bless the United States of America. Amen. The PRESIDENT (Lieutenant Governor Catherine Baker Knoll) in the Chair. The PRESIDENT. The Chair thanks Reverend Landman, who is the guest today of Senator Stout. PRAYER The Chaplain, Reverend RANDY K. LANDMAN, of Grace PLEDGE OF ALLEGIANCE United Methodist Church, Coal Center, offered the following (The Pledge of Allegiance was recited by those assembled.) prayer: JOURNAL APPROVED Just before I pray, I want to thank you for the privilege of being here today. As a pastor and as a Christian, I pray daily for The PRESIDENT. A quorum of the Senate being present, the those who are in authority - national, State, and local leaders - Clerk will read the Journal of the preceding Session of January and I consider it a great honor to be here today with you. 30,2006. My father, Bob Landman, who is 81 and a World War II vet­ The Clerk proceeded to read the Journal of the preceding eran, cried when he found out I was going to be here today, be­ Session, when, on motion of Senator BRIGHTBILL, and agreed cause he never thought that one of his children would have this to by voice vote, further reading was dispensed with and the honor. I thank you so much. It is a great privilege. I would like Journal was approved. to thank Senator Mary Jo White, Senator Stout, who is my Sena­ tor, and also Senator Pippy, who was at my church back in Octo­ COMMUNICATIONS FROM THE GOVERNOR ber and first talked to me about this. Thank you so much, I am CORRECTIONS TO NOMINATIONS thrilled to be here. REFERRED TO COMMITTEE Let us pray. Father, we are here today in the State Capitol of Pennsylvania, The PRESIDENT laid before the Senate the following com­ yet we realize that You alone are the true power in the universe. munications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the We bow before You today acknowledging Your supremacy in all Committee on Rules and Executive Nominations: things. We pray, asking for Your blessing upon our State. Though we are united, our State is made up of millions of differ­ MEMBER OF THE BOARD OF TRUSTEES ent people, and many of us are hurting right now. We ask for OF ALLENTOWN STATE HOSPITAL Your help. We pray for those who protect us, and especially for those soldiers who are in harm's way today. January 30, 2006 I also ask for You to help the men and women who are State Senators. Encourage the hearts of each person in this room. Use To the Honorable, the Senate these Senators to make a difference. I pray for wisdom from on of the Commonwealth of Pennsylvania: high for them, wisdom to know what is best, what is best for Pennsylvania, and since we are also Americans, what is best for Please note the nomination dated December 22,2005, for the reap­ the United States. I also pray for courage for each Senator here pointment of Dr. Michael Kaufifinan, 2545 Schoenersville Road, Bethle­ hem 18017, Northampton County, Eighteenth Senatorial District, for today, courage to stand for what is right and to oppose what is reappointment as a member of the Board of Trustees of Allentown State wrong. I pray for unity. Help each person here to find a way to Hospital, to serve until the third Tuesday of January 2011, and until his work for the good with those from the other party. May the Penn­ successor is appointed and qualified, should be corrected to read: sylvania State Senate always be a place where no politics are Dr. Michael Kaufinan, 2545 Schoenersville Road, Bethlehem 18017, Northampton County, Eighteenth Senatorial District, for reap­ found. pointment as a member of the Board of Trustees of Allentown State We remember the great State leaders from our past. I pray that Hospital, to serve until the third Tuesday of January 2011, and until his in future years people will look back at this time and remember successor is appointed and qualified. 1202 LEGISLATIVE JOURNAL — SENATE JANUARY 31,

MEMBER OF THE BOARD OF TRUSTEES 18411, Lackawanna County, Twenty-second Senatorial District, for OF CLARKS SUMMIT STATE HOSPITAL reappointment as a member of the Board of Trustees of Clark Summit State Hospital, to serve until the third Tuesday of January 2011, and January 30, 2006 until his successor is appointed and qualified, should be corrected to read: To the Honorable, the Senate Warren E. Watkins, 301 Stone Avenue, Clarks Summit 18411, of the Commonwealth of Pennsylvania: Lackawanna County, Twenty-second Senatorial District, for reappoint­ ment as a member of the Board of Trustees of Clarks Summit State Please note the nomination dated December 22, 2005, for the reap­ Hospital, to serve until the third Tuesday of Januaiy 2011, and until his pointment of Samuel C. Cali, 303 West Elm Street, Dunmore 18512, successor is appointed and qualified. Lackawanna County, Twenty-second Senatorial District, for reappoint­ ment as a member of the Board of Trustees of Clark Summit State Hos­ MEMBER OF THE BOARD OF TRUSTEES pital, to serve until the third Tuesday of January 2009, and until his successor is appointed and qualified, should be corrected to read: OF DANVILLE STATE HOSPITAL Samuel C. Cali, 303 West Elm Street, Dunmore 18512, Lackawanna County, Twenty-second Senatorial District, for reappoint­ January 30, 2006 ment as a member of the Board of Trustees of Clarks Summit State Hospital, to serve until the third Tuesday of Januaiy 2009, and until his successor is appointed and qualified. To the Honorable, the Senate of the Commonwealth of Pennsylvania: MEMBER OF THE BOARD OF TRUSTEES Please note the nomination dated December 22,2005, for the reap­ OF CLARKS SUMMIT STATE HOSPITAL pointment of C. Herbert Zeager, 155 Shady Hill Road, Watsontown 17777, Northumberland County, Twenty-seventh Senatorial District, for January 30,2006 reappointment as a member of the Board of Trustees of Danville State Hospital, to serve until the third Tuesday of Januaiy 2007, and until his To the Honorable, the Senate successor is appointed and qualified, should be corrected to read: of the Commonwealth of Pennsylvania: C. Herbert Zeager, 155 Shady Hill Road, Watsontown 17777, Montour County, Twenty-seventh Senatorial District, for reappointment Please note the nomination dated December 22,2005, for the reap­ as a member of the Board of Trustees of Danville State Hospital, to pointment of James T. Davenport, 104 Sunset Drive, Dunmore 18512, serve until the third Tuesday of Januaiy 2007, and until his successor is Lackawanna County, Twenty-second Senatorial District, for reappoint­ appointed and qualified. ment as a member of the Board of Trustees of Clark Summit State Hos­ pital, to serve until the third Tuesday of Januaiy 2011, and until his successor is appointed and qualified, should be corrected to read: MEMBER OF THE STATE BOARD OF MEDICINE James T. Davenport, 104 Sunset Drive, Dunmore 18512, Lackawanna County, Twenty-second Senatorial District, for reappoint­ January 30,2006 ment as a member of the Board of Trustees of Clarks Summit State Hospital, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified. To the Honorable, the Senate of the Commonwealth of Pennsylvania: MEMBER OF THE BOARD OF TRUSTEES Please note the nomination dated November 9, 2005, for the ap­ OF CLARKS SUMMIT STATE HOSPITAL pointment of Rabbi Shloime Isaacson (Public Member), 11006 Audu­ bon Avenue, Philadelphia 19116, Philadelphia County, Fifth Senatorial January 30,2006 District, for appointment as a member of the State Board of Medicine, to serve for a term of four years or until his successor is appointed and To the Honorable, the Senate qualified, but not longer than six months beyond that period, vice of the Commonwealth of Pennsylvania: Howard Goldstein, Jenkintown, whose term expired, should read: Rabbi Solomon Isaacson (Public Member), 11006 Audubon Ave­ Please note the nomination dated December 22, 2005, for the reap­ nue, Philadelphia 19116, Philadelphia County, Fifth Senatorial District, pointment of William P. Grochowski, 425 West Drinker Street, Dun­ for appointment as a member of the State Board of Medicine, to serve more 18509, Lackawanna County, Twenty-second Senatorial District, for a term of four years or until his successor is appointed and qualified, for reappointment as a member of the Board of Trustees of Clark Sum­ but not longer than six months beyond that period, vice Howard mit State Hospital, to serve until the third Tuesday of January 2011, and Goldstein, Jenkintown, whose term expired. until his successor is appointed and qualified, should be corrected to read: William P. Grochowski, 425 West Drinker Street, Dunmore 18509, MEMBER OF THE HUNTINGDON COUNTY Lackawanna County, Twenty-second Senatorial District, for reappoint­ BOARD OF ASSISTANCE ment as a member of the Board of Trustees of Clarks Summit State Hospital, to serve until the third Tuesday of January 20fl, and until his January 30,2006 successor is appointed and qualified. To the Honorable, the Senate MEMBER OF THE BOARD OF TRUSTEES of the Commonwealth of Pennsylvania: OF CLARKS SUMMIT STATE HOSPITAL Please note the nominated dated Januaiy 13, 2006, for the appoint­ January 30, 2006 ment of B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member To the Honorable, the Senate of the Huntingdon County Board of Assistance, to serve until December of the Commonwealth of Pennsylvania: 31, 2005, and until his successor is appointed and qualified, vice Joann Condellone, Huntingdon, resigned, should be corrected to read: Please note the nomination dated December 22,2005, for the reap­ B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware pointment of Warren E. Watkins, 301 Stone Avenue, Clarks Summit County, Seventeenth Senatorial District, for appointment as a member 2006 LEGISLATIVE JOURNAL — SENATE 1203

of the Huntingdon County Board of Assistance, to serve until December HB 1467 (Pr. No. 3261) 31, 2008, and until his successor is appointed and qualified, vice Joann Condellone, Huntingdon, resigned. An Act providing for dispute resolution procedures relating to residential construction defects between contractors and homeowners HOUSE MESSAGES or members of associations. HOUSE CONCURS IN SENATE LEGISLATIVE LEAVE CONCURRENT RESOLUTION The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill. The Clerk of the House of Representatives informed the Sen­ Senator BRIGHTBILL. Madam President, I ask for a legisla­ ate that the House has concurred in the resolution from the Sen­ tive leave for Senator Punt. ate, entitled: The PRESIDENT. Senator Brightbill requests a legislative leave for Senator Punt. Without objection, the leave will be Senate Concurrent Resolution No. 137. granted.

HOUSE CONCURS IN SENATE AMENDMENTS LEAVE OF ABSENCE TO HOUSE CONCURRENT RESOLUTION Senator MELLOW asked and obtained a leave of absence for The Clerk of the House of Representatives informed the Sen­ Senator O'PAKE, for today's Session, for personal reasons. ate that the House has concurred in amendments made by the Senate to House Concurrent Resolution No. 382. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR DONALD C. WHITE BILLS REPORTED FROM COMMITTEES PRESENTED TO THE SENATE Senator GREENLEAF, from the Committee on Judiciary, The PRESIDENT. The Chair recognizes the gentleman from reported the following bills: Indiana, Senator Don White. Senator D. WHITE. Madam President, I have a great honor SB 506 (Pr. No. 1487) (Amended) today. For the last 5 years that I have been in the Senate, I have watched colleague after colleague bring students here to visit us An Act codifying and amending Titles 61 (Penal and Correctional at the Capitol who have accomplished something pretty remark­ Institutions) and 42 (Judiciary and Judicial Procedure) of the Pennsylva­ nia Consolidated Statutes, amending the title heading; adding defini­ able, and in most cases, a State championship of some kind, tions, provisions relating to general administration of correctional insti­ whether it was a girls' or boys' basketball team or volleyball tutions. State correctional institutions, county correctional institutions, team, and in all of that time, I was pretty envious because I never the Philadelphia County Prison, house of detention for untried inmates had that opportunity. and witnesses and correctional institutions improvement, inmate labor, medical services, visitation, motivational boot camp, execution proce­ Well, today I do for the first time, and I think it is only fitting dure and method, miscellaneous matters relating thereto, probation and that I have this team here this week. They are a western Pennsyl­ parole generally, the Pennsylvania Board of Probation and Parole, vania team, and as you know, we have another western Pennsyl­ County Probation and Parole Agents' Firearm Education and Training, vania team that we are rooting on this week, so I think it is very and correctional institution interstate compacts; and making repeals relating to codification. fitting they are here this week. We have two professional football teams in the State, and last year our friends in the southeast did not quite get it done, but I think we are going to bring it home SB 780 (Pr. No. 982) this Sunday. As you can see all the Terrible Towels, thanks to An Act amending Title 18 (Crimes and Offenses) of the Pennsylva­ Senator Stout, enthusiasm has never been higher. nia Consolidated Statutes, further providing for purchase, consumption, I have a great group of young men who accomplished some­ possession or transportation of liquor or malt or brewed beverages. thing pretty remarkable, and I am pleased to have distinguished guests from my district here today. We have the mayor of SB 1003 (Pr. No.1488) (Amended) Murrysville, the Honorable Joyce Somers, who has accompanied the 2005 PIAA Class AAA State Champion Franklin Regional An Act amending Title 18 (Crimes and Offenses) of the Pennsylva­ High School Football Team, along with the district superinten­ nia Consolidated Statutes, further providing for the definition of "dan­ dent, Dr. D., Dr. Emery D'Arcangelo; principal, Mr. Bob Duffy; gerous weapon." head coach, Greg Botta; assistant coaches, Chad Roland and Dean Tortorice; athletic director, Ron Suvak; and assistant ath­ Senator PILEGGI, from the Committee on Urban Affairs and letic director and president of the school board, Herb Yingling. Housing, reported the following bills: What is remarkable about this team, Madam President, is they captured the first WPLAL and PIAA State titles in their school HB 395 (Pr. No. 422) history and the first State title in football in Westmoreland County history. They had a 15-1 record. One game they lost over An Act prohibiting any municipal pension or retirement system in a city of the first class from denying certain benefits to surviving 2 days because during the first half they had a lightning storm spouses of firefighterso r certain employees upon a subsequent remar­ and they had to cancel the game. Well, football is not meant to be riage of the surviving spouse; and making repeals. played over 2 days, so I do not call that a loss. 1204 LEGISLATIVE JOURNAL — SENATE JANUARY 31,

I ask the Senate to extend this special group of young men and Widener University, the Children of Active and Reserve Educa­ distinguished guests a warm welcome, as we always do, from the tional Scholarship, (CARES), which provides a free education at floor of the Senate. Widener to any dependent of a member of the United States Thank you, Madam President. Armed Forces who was killed in action in Operation Enduring The PRESIDENT. Will you all please rise so we can give you Freedom and Operation Iraqi Freedom. I would like to quote a warm welcome. from President Dr. James T. Harris III, "We certainly hope we (Applause.) don't have to award many Widener CARES scholarships because that would mean more soldiers have died. Unfortunately, death CALENDAR is a reality of war. What should never be a reality in this country, however, is the door of opportunity closing on an innocent child SENATE RESOLUTION No. 213 simply because his or her parent served our country bravely." Dr. CALLED UP OUT OF ORDER, ADOPTED Harris is with us today, but I would mention that scholarships like this, as well as those provided by this general assembly, Act Senator ROBBINS, without objection, called up from page 5 129 of 1998, will provide some relief in times of uncertainty and of the Calendar, as a Special Order of Business, Senate Resolu­ distress for the families of our fallen heroes. tion No. 213, entitled: Madam President, earher today at a press conference promot­ A Resolution congratulating Widener University on the establish­ ing this program, I was joined by the president of Widener Uni­ ment of the Children of Active & Reserve Educational Scholarship versity, Dr. James T. Harris III, who is seated in the gallery, and (CARES) program. with him is Marcus Lingenfelter. We were also joined today at the press conference by Senator Brightbill, who was a cadet at On the question, the Pennsylvania Military College, which Widener grew from, Will the Senate adopt the resolution? Senator Rhoades, Senator Pileggi, who is the home Senator for Widener University, Senator Don White, and Senator Pippy. It The yeas and nays were required by Senator ROBBINS and is important to note that Senator Bob Thompson represented the were as follows, viz: Exton campus. He will not only be missed by Widener, but by all of us. YEA-48 I would like to thank President Harris and Widener University for taking the initiative on their own to create this program. More Armstrong Gordner Orie Tartaglione importantly, I would like to encourage other colleges and univer­ Boscola Greenleaf Piccola Tomlinson Brightbill Hughes Pileggi Vance sities to take similar steps. Browne Jubelirer Pippy Washington Thank you, Madam President. I wish that we would honor our Conti Kasunic Punt Waugh special guests. Corman Kitchen Rafferty Wenger Costa LaValle Regola White, Donald The PRESIDENT. Would Dr. James T. Harris III, the presi­ Earll Lemmond Rhoades White, Mary Jo dent of Widener, and Marcus Lingenfelter please rise so we can Erickson Logan Robbins Williams, Anthony H. give you a warm welcome. Ferlo Madigan Scamati Williams, Constance (Applause.) Fontana Mellow Stack Wonderling Fumo Musto Stout Wozniak SPECIAL ORDER OF BUSINESS NAY-0 GUEST OF THE PRESIDENT PRESENTED TO THE SENATE A majority of the Senators having voted "aye," the question The PRESIDENT. It is also another very memorable day for was determined in the affirmative. all of us, and we would like to welcome Benjamin Franklin here SPECIAL ORDER OF BUSINESS for his 300th birthday. GUESTS OF SENATOR ROBERT D. The Chair recognizes the gentleman from Philadelphia, ROBBINS PRESENTED TO THE SENATE Benjamin Franklin. Dr. FRANKLIN. It is good to see young folks taking care of The PRESIDENT. The Chair recognizes the gentleman from things here in Pennsylvania. I was involved in the government Mercer, Senator Robbins. here in Pennsylvania quite a few years ago, and I am a little too Senator ROBBINS. Madam President, since September 11, 91 old, but you young folks have a handle on things. I would like to Pennsylvanians have been killed in action, including most re­ see a victory in that football game, and I see you have the towel. cently Lieutenant Colonel Michael "Mack" McLaughlin, the first That would be good for Pennsylvania. field grade officer of the Pennsylvania National Guard to die in (Applause.) action since World War II. Lieutenant Colonel McLaughlin, a But what is good for Pennsylvania is that we bring people to constituent of mine, left behind two daughters, one of whom is this wonderful Commonwealth. We bring them from all over this ready to enter college. country, and they come not just to see the wonderful exhibit, Before us was a resolution which we passed unanimously, "Benjamin Franklin in Search of a Better World," which is set­ which recognizes the establishment of a scholarship program by ting records for attendance and also getting attention from around the world as one of the finest exhibits. If you have not been down 2006 LEGISLATIVE JOURNAL — SENATE 1205 there, please bring your family. There are things on display that Now it took me all day Saturday to get this many Terrible never have been on display before and never will be. They are Towels. They are very scarce and hard to get, and I thought I had from private collections, and there are interactives for every age. enough. I ended up with 80, but I am still running out right now. But we have found in studies that have been done, 16 percent of I am sorry I do not have one for everybody in the whole Cham­ the people who come to that exhibit will go throughout our State, ber, but I made a sincere effort to accommodate the Members of will visit your areas, and that is what we want. This Common­ the Senate and staff who supports us here. Again, it is very im­ wealth is a great Commonwealth, and it is a Commonwealth be­ portant that we celebrate this, and I want to share with my col­ cause we all hold in common the same ideals. The noblest ques­ leagues and all who received a Terrible Towel that there were no tion being, what good might we do in this world? Ladies and public funds used for this project. It all came from personal gentlemen, go forth, do good for the Commonwealth of Pennsyl­ funds. vania. (Applause.) Thank you. I want to make it clear that I did not use any public money for (Applause.) this project, but I thought it was proper and fitting for everybody The PRESIDENT. Thank you, Benjamin. to have one as a memento of the Steelers' victory in Super Bowl The Chair recognizes the gentleman from Washington, Sena­ XL. Again, I thank you and I ask all my colleagues who represent tor Stout. western Pennsylvania, Senator Fontana and Senator Ferlo, and Senator STOUT. Madam President, before Ben leaves the everybody who represents southwestern Pennsylvania and west- Chamber, I have a towel for him, even though he is from Phila­ em Pennsylvania, the home of the Steelers, to show how we use delphia. the Terrible Towel and sing, "Here we go Steelers, here we go." (Applause.) Good luck. Thank you. PERMISSION TO ADDRESS (Applause.) The PRESIDENT. The Chair recognizes the gentleman from The PRESIDENT. Thank you so much, Senator Stout. We Washington, Senator Stout. appreciate it. Senator STOUT. Madam President, when the Senate began SPECIAL ORDER OF BUSINESS Session yesterday, we opened it with a dark pall over the Senate GUEST OF SENATOR CONSTANCE H. as we acknowledged the loss of our good friend and colleague, Senator Bob Thompson, and we learned of the death of Senator PRESENTED TO THE SENATE Mike OTake's mother, so that was a very sad time for this Cham­ The PRESIDENT. The Chair recognizes the gentlewoman ber. Now I hope when we come here next week, we will be able from Montgomery, Senator Connie Williams. to celebrate Pennsylvania's team, the Steelers, being Senator C. WILLIAMS. Madam President, I have the honor victorious in Super Bowl XL in Detroit. today to introduce to you Joshua Swarz, who is a student at Now, a little bit about the history of the Terrible Towel, which Dickinson College and an intern in our office this semester. I am is known throughout the world. I was just told by Jim Haberski glad to welcome him here. While he is a New York State resi­ that you cannot get a Terrible Towel in Pittsburgh, but they have dent, I know that he will root for the Steelers this weekend. He two Terrible Towels on the Great Wall of China, so they are is a political science major, and we look forward to having him celebrating with the Terrible Towel around the world. When the work with us. Today he is in the gallery watching what we do Steelers were going for , , who was a here. sports broadcaster in the Pittsburgh media market for over 35 The PRESIDENT. Joshua, would you please rise so we can years, came up with the idea of the Terrible Towel to build sup­ welcome you. port for the Steelers. (Applause.) As you know, the Steelers in the 1970s had four Super Bowl rings, one for each phalange, and now for the last 25 years they SPECIAL ORDER OF BUSINESS were hoping to get one for the thumb, so I hope on Sunday we PETITIONS AND REMONSTRANCES will get one for the thumb with a Super Bowl victory. The PRESIDENT. The Chair recognizes the gentleman from It is a very honored sports history in the Pittsburgh media Philadelphia, Senator Anthony Williams. market, so I will mention the names of the people of the decade Senator A.H. WILLIAMS. Madam President, I appreciate the of the 1970s when the Steelers were so successful. They were the brief interruption to our normal schedule, but within the last few , , , , Joe months we have twice stood here on the Senate floor and paid Greene, the late , Jack Lambert, Andy Russell, tribute to the lives of two of the civil rights movement's greatest Washington County's , wide receiver , female leaders. Miss Rosa Parks and Dr. C. DeLores Tucker. and to be politically correct in this election year, wide receiver That is why today is particularly painful and sad. We must now . I want to be politically correct. But to be bipartisan, moum the passing of the first lady of this movement, Mrs. last weekend in Washington County, I presented a Terrible Coretta Scott King, who passed away this morning at 78 years Towel to Governor Rendell so he would have one. I want every­ old. If Dr. King was a drum major for change, clearly his wife one to be properly attired if you go to the game in Detroit or was first commander-in-chief. She was a selfless woman who set watch it at home on TV, and to cheer them on properly attired aside her own dreams and aspirations to take up the dreams and with a Terrible Towel. 1206 LEGISLATIVE JOURNAL — SENATE JANUARY 31, aspirations of her husband and to fight for the rights of all men is coming together. Whatever differences China has had with and women of this country. She stood by his side during the most Russia, they have put aside. Whatever inability to communicate tumultuous of times. She was widowed in 1968 when an assassin the languages of those who live in India, trust me, the people in killed her husband. As a young woman and a mother, she China are learning. We need to learn that the civil rights move­ mourned her husband with dignity and grace, and declared at that ment in this country was not simply about people of a different moment, I shall not be moved. skin color. It was, if you truly understand it, unshackling the After his death, she kept his dream alive, she kept our dream ability and genius of the Founding Fathers of this country, recog­ alive, ensuring that his legacy of human rights and equality re­ nizing that differences are what make us the strongest in this mained a reality for all Americans, not just African-Americans, country, that those who live in what they describe as the quote, but white Americans, Latino-Americans, Asian-Americans, dis­ unquote, "intercity," will one day be the Michael Jordans, the abled Americans, any American who, because of their differ­ Michelangelos, the Maya Angelous of this country. ences, suffered unequal treatment. She worked tirelessly to keep We put to rest a woman who understood what this country his ideology of equality for all Americans at the forefront of this truly stands for. In the next coming months when we pass the nation's agenda. State budget, it is my hope that I will be able to look heavenward In 1969, she founded the multimillion dollar Martin Luther and say, we did not forget what you stood for, that we invested King, Jr. Center for Nonviolent Social Change. She saw to it that in all parts of the Commonwealth of Pennsylvania, that we the center became deeply involved with the issues that bred vio­ reached for those who were not touched in the previous budget, lence, hunger, unemployment, voting rights, and racism. In 1982, that we did enough for education, we did for the homeless, we she saw the fruition of her dreams, the completion of the King did for the unemployed, and we did not sacrifice anybody. Center in Atlanta and the $8.5 million Freedom Hall adjacent to God bless you, Mrs. King. God bless you, Dr. King, and God the center, which was dedicated later that year. The slain civil rest both your souls. rights leader's tomb, surrounded by a reflecting pool, is the cen­ The PRESIDENT. Thank you so much, Senator Williams. terpiece of that campus. She goaded and pulled for more than a decade to have her husband's birthday observed as a national SPECIAL ORDER OF BUSINESS holiday, and then watched with pride in 1983 as President Rea­ GUESTS OF THE PRESIDENT gan signed the bill into law, and it was first celebrated as a na­ PRESENTED TO THE SENATE tional holiday in 1986. She became increasingly outspoken against businesses that promoted violence and called for the reg­ The PRESIDENT. I also have been made aware I have guests ulation of their advertising. She turned a life abruptly interrupted I have not introduced who are here from Pittsburgh, the Rever­ by the assassination of her husband into one that ensured his end Adrian Young and Tommy Doswell. Tommy came to play today to benefit the Rare Book Library with Benjamin Franklin. dream would not die. Dr. King's legacy will live on through her Please rise and we will give you a welcome. and her children. Mrs. King's quiet, steady, stoic presence made (Applause.) her a symbol of her husband's nonviolent method of gaining peace and equality. Her actions, her activities, her ability to com­ RECESS municate through grace and dignity remains very poignant in these times. The PRESIDENT. The Chair recognizes the gentleman from I come from a county, Philadelphia County, that represents Lebanon, Senator Brightbill. probably one of the highest murder rates in this nation's history, Senator BRIGHTBILL. Madam President, I request a recess almost 400 lives have been lost in Philadelphia County. A lot of of the Senate for purposes of three committee meetings. The first comments will be made today about what Mrs. King's life meant will be a meeting of the Committee on Appropriations, which and what Dr. King's life meant, but I suggest to you that those of will be held in the Rules room, followed by a meeting of the us who sit on this floor for all Pennsylvanians, those of us who Committee on Rules and Executive Nominations, and then a fight for minors who are sometimes abused and misused, those meeting of the Committee on Transportation with Senator of us who fight for the disabled, those of us who fight for the Madigan. mentally impaired, those of us who fight for those who may have The PRESIDENT. For purposes of meetings of the Commit­ different gender issues or pigmentation of their skin, the dream tee on Appropriations, the Committee on Rules and Executive is not a dream, it is a reality. It is borne out in the State Capitol Nominations, and the Committee on Transportation, and then everyday. When we show up on this Senate floor and do the Republican and Democratic caucuses, without objection, the work of the people whom we represent, we are doing the work Senate stands in recess. that Dr. King and Mrs. King established their legacy around. It AFTER RECESS is unfortunate that they have passed, but it is most appropriate that we remember their work, that we live their legacy, that when The PRESIDENT. The time of recess having expired, the we stand at the mike and we introduce a bill, when we pass a Senate will come to order. State budget this year, we do not do it in the sort of ho-hum man­ ner that we have in the past. BILL INTRODUCED AND REFERRED This country is at a crossroads. It is being challenged by The PRESIDENT laid before the Senate the following Senate places such as India, China, and Japan, whose workforces are as Bill numbered, entitled, and referred as follows, which was read diverse as any that I have ever seen. The international community by the Clerk: 2006 LEGISLATIVE JOURNAL — SENATE 1207

January 3 L 2006 An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for passing and overtaking streetcars. Senators TARTAGLIONE, HUGHES, COSTA, FERLO, FONTANA, FUMO, KASUNIC, KITCHEN, LAVALLE, Upon motion of Senator BRIGHTBILL, and agreed to by LOGAN, MELLOW, MUSTO, O'PAKE, STACK, STOUT, voice vote, the bill was rereferred to the Committee on WASHINGTON, A. WILLIAMS, C. WILLIAMS, WOZNIAK, Appropriations. BOSCOLA, BROWNE, CONTI, PILEGGI, RAFFERTY and TOMLINSON presented to the Chair SB 1090, entitled: BILL ON SECOND CONSIDERATION An Act amending the act of January 17, 1968 (P.L.ll, No.5), known as The Minimum Wage Act of 1968, giving effect to Federal SB 303 (Pr. No. 1356) - The Senate proceeded to changes in wage rates; and making editorial changes. consideration of the bill, entitled:

Which was committed to the Committee on LABOR AND An Act amending Title 42 (Judiciary and Judicial Procedure) of the INDUSTRY, January 31,2006. Pennsylvania Consolidated Statutes, further providing for fees for constables. CONSIDERATION OF CALENDAR RESUMED Considered the second time and agreed to, THIRD CONSIDERATION CALENDAR Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER BILLS REREFERRED HB 459, SB 563, HB 750, SB 935, HB 1114, HB 1183, HB 1281, HB 1401 and HB 1455 - Without objection, the bills were HB 509 (Pr. No. 3215) - The Senate proceeded to passed over in their order at the request of Senator consideration of the bill, entitled: BRIGHTBILL. An Act amending the act of March 10, 1949 (P.L.30, No. 14), BILL AMENDED known as the Public School Code of 1949, further providing for campus police powers and duties. HB 1504 (Pr. No. 3308) - The Senate proceeded to consideration of the bill, entitled: Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Appropriations. Statutes, providing for reduced license fees for former prisoners of war. SB 620 (Pr. No. 690) - The Senate proceeded to On the question, consideration of the bill, entitled: Will the Senate agree to the bill on third consideration? Senator COSTA, on behalf of Senator MELLOW, offered the An Act amending Title 18 (Crimes and Offenses) of the following amendment No. A5714: Pennsylvania Consolidated Statutes, further providing for penalties for selling or furnishing liquor or malt or brewed beverages to minors. Amend Sec. 2, page 3, line 10, by striking out "January 1, 2006" and inserting: in 30 days Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on On the question, Appropriations. Will the Senate agree to the amendment? It was agreed to. BILLS ON SECOND CONSIDERATION Without objection, the bill, as amended, was passed over in its AND REREFERRED order at the request of Senator BRIGHTBILL. SB 873 (Pr. No. 1128) - The Senate proceeded to BILL OVER IN ORDER consideration of the bill, entitled:

HB 1955 - Without objection, the bill was passed over in its An Act providing for the highway capital budget project itemization order at the request of Senator BRIGHTBILL. for the fiscal year 2005-2006.

SECOND CONSIDERATION CALENDAR Considered the second time and agreed to, Ordered, To be printed for third consideration. BILL REREFERRED Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill just considered was rereferred to the HB 121 (Pr. No. 126) - The Senate proceeded to Committee on Appropriations. consideration of the bill, entitled: 1208 LEGISLATIVE JOURNAL — SENATE JANUARY 31,

SB 874 (Pr. No. 1476) - The Senate proceeded to A Resolution urging the Governor to accelerate the deployment of traffic sensor networks across this Commonwealth. consideration of the bill, entitled:

A Supplement to the act of December 8, 1982 (P.L.848, No.235), On the question, known as the Highway-Railroad and Highway Bridge Capital Budget Will the Senate adopt the resolution? Act for 1982-1983, itemizing additional local and State bridge projects. A voice vote having been taken, the question was determined in the aflHrmative. Considered the second time and agreed to, Ordered, To be printed for third consideration. SENATE RESOLUTION No. 207, CALLED UP Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill just considered was rereferred to the Senator BRIGHTBILL, without objection, called up from Committee on Appropriations. page 4 of the Calendar, Senate Resolution No. 207, entitled:

BILLS OVER IN ORDER A Resolution directing the Department of Environmental Protection to place a moratorium on all actions required of affected entities relating SB 876, SB 957 and SB 969 -- Without objection, the bills to implementation of the Pennsylvania Chesapeake Bay Tributary Strategy for a period of nine months fromth e date the adoption of this were passed over in their order at the request of Senator resolution. BRIGHTBILL. And the amendments made thereto having been printed as BILL REREFERRED required by the Constitution,

SB 1000 (Pr. No. 1328) - The Senate proceeded to On the question, consideration of the bill, entitled: Will the Senate adopt the resolution? A voice vote having been taken, the question was determined An Act providing for the regulation of home improvement contracts in the affirmative. and for the registration of certain contractors; prohibiting certain acts; and providing for penalties. REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Senator ROBBINS, from the Committee on Rules and Appropriations. Executive Nominations, reported the following nominations made by His Excellency, the Governor of the Commonwealth, BILLS OVER IN ORDER which were read by the Clerk as follows: SB 1025 and SB 1050 - Without objection, the bills were MEMBER OF THE BOARD OF TRUSTEES passed over in their order at the request of Senator OF CLARKS SUMMIT STATE HOSPITAL BRIGHTBILL. BILL REREFERRED December 22, 2005

SB 1062 (Pr. No. 1475) - The Senate proceeded to To the Honorable, the Senate consideration of the bill, entitled: of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the An Act amending the act of April 12,1951 (P.L.90, No.21), known advice and consent of the Senate, Warren E. Watkins, 301 Stone as the Liquor Code, requiring the Bureau of Alcohol Education to make Avenue, Clarks Summit 18411, Lackawanna County, Twenty-second certain reports to the General Assembly. Senatorial District, for reappointment as a member of the Board of Trustees of Clarks Summit State Hospital, to serve until the third Upon motion of Senator BRIGHTBILL, and agreed to by Tuesday of January 2011, and until his successor is appointed and qualified. voice vote, the bill was rereferred to the Committee on Appropriations. EDWARD G. RENDELL Governor BILL OVER IN ORDER MEMBER OF THE ENVIRONMENTAL HB 2054 - Without objection, the bill was passed over in its HEARING BOARD order at the request of Senator BRIGHTBILL. November 15, 2005 SENATE RESOLUTION No. 143, CALLED UP To the Honorable, the Senate Senator BRIGHTBILL, without objection, called up from of the Commonwealth of Pennsylvania: page 4 of the Calendar, Senate Resolution No. 143, entitled: 2006 LEGISLATIVE JOURNAL — SENATE 1209

In conformity with law, I have the honor hereby to nominate for the Tuesday of January 2011, and until his successor is appointed and advice and consent of the Senate, Michael L. Krancer, Esquire, 844 qualified. Harritown Road, Bryn Mawr 19010, Montgomery County, Seventeenth Senatorial District, for reappointment as a member of the Environmental EDWARD G. RENDELL Hearing Board, to serve for a term of six years or until his successor is Governor appointed and qualified. MEMBER OF THE ENVIRONMENTAL EDWARD G. RENDELL Governor HEARING BOARD

MEMBER OF THE STATE BOARD OF EXAMINERS November 15, 2005 OF NURSING HOME ADMINISTRATORS To the Honorable, the Senate January 3, 2006 of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the To the Honorable, the Senate advice and consent of the Senate, Michael L. Krancer, Esquire, 844 of the Commonwealth of Pennsylvania: Harritown Road, Bryn Mawr 19010, Montgomery County, Seventeenth Senatorial District, for reappointment as a member of the Environmental In conformity with law, I have the honor hereby to nominate for the Hearing Board, to serve for a term of six years or until his successor is advice and consent of the Senate, Seth D. Levy, 1313 Laurel Point appointed and qualified. Center, Harrisburg 17110, Dauphin County, Fifteenth Senatorial District, as a member of the State Board of Examiners of Nursing Home EDWARD G. RENDELL Administrators, to serve for a term of four years or until his successor Governor is appointed and qualified, but not longer than six months beyond that period, vice Anastasia Valimont, whose term expired. MEMBER OF THE STATE BOARD OF EXAMINERS EDWARD G. RENDELL OF NURSING HOME ADMINISTRATORS Governor January 3, 2006 NOMINATIONS LAID ON THE TABLE To the Honorable, the Senate Senator ROBBINS. Madam President, I request that the of the Commonwealth of Pennsylvania: nominations just read by the Clerk be laid on the table. In conformity with law, I have the honor hereby to nominate for the The PRESIDENT. The nominations will be laid on the table. advice and consent of the Senate, Seth D. Levy, 1313 Laurel Point Center, Harrisburg 17110, Dauphin County, Fifteenth Senatorial EXECUTIVE NOMINATIONS District, as a member of the State Board of Examiners of Nursing Home Administrators, to serve for a term of four years or until his successor EXECUTIVE SESSION is appointed and qualified, but not longer than six months beyond that period, vice Anastasia Valimont, whose term expired. Motion was made by Senator ROBBINS, EDWARD G. RENDELL That the Senate do now resolve itself into Executive Session Governor for the purpose of considering certain nominations made by the Governor. On the question, Which was agreed to by voice vote. Will the Senate advise and consent to the nominations?

NOMINATIONS TAKEN FROM THE TABLE The yeas and nays were required by Senator ROBBINS and were as follows, viz: Senator ROBBINS. Madam President, I call from the table certain nominations and ask for their consideration. YEA-48 The Clerk read the nominations as follows: Armstrong Gordner Orie Tartaglione MEMBER OF THE BOARD OF TRUSTEES Boscola Greenleaf Piccola Tomlinson OF CLARKS SUMMIT STATE HOSPITAL Brightbill Hughes Pileggi Vance Browne Jubelirer Pippy Washington Conti Kasunic Punt Waugh December 22, 2005 Corman Kitchen Rafferty Wenger Costa LaValle Regola White, Donald Earll Lemmond Rhoades White, Mary Jo To the Honorable, the Senate Erickson Logan Robbins Williams, Anthony H. of the Commonwealth of Pennsylvania: Ferlo Madigan Scamati Williams, Constance Fontana Mellow Stack Wonderling In conformity with law, I have the honor hereby to nominate for the Fumo Musto Stout Wozniak advice and consent of the Senate, Warren E. Watkins, 301 Stone Avenue, Clarks Summit 18411, Lackawanna County, Twenty-second Senatorial District, for reappointment as a member of the Board of NAY-0 Trustees of Clarks Summit State Hospital, to serve until the third 1210 LEGISLATIVE JOURNAL — SENATE JANUARY 31,

A constitutional majority of all the Senators having voted estimated financial costs; authorizing the incurring of debt without the approval of the electors for the purpose of financing the projects to be "aye," the question was determined in the affirmative. constructed, acquired or assisted by the Department of General Ordered, That the Governor be informed accordingly. Services; stating the estimated useful life of the projects; providing an exemption; and making appropriations. EXECUTIVE SESSION RISES SENATE RESOLUTIONS ADOPTED Senator ROBBINS. Madam President, I move that the Senators TARTAGLIONE, ORIE, BOSCOLA, Executive Session do now rise. WONDERLING, FONTANA, C. WILLIAMS, BRIGHTBILL, The motion was agreed to by voice vote. COSTA, PIPPY, WENGER, PUNT, EARLL, RAFFERTY, SPECIAL ORDER OF BUSINESS FERLO, ERICKSON, TOMLINSON, OPAKE, ARMSTRONG, MJ. WHITE, PILEGGI, GREENLEAF, STACK, LOGAN, ANNOUNCEMENT BY THE SECRETARY KASUNIC, D. WHITE, MUSTO, KITCHEN, VANCE, CONTI, The SECRETARY. Consent has been given for the FUMO, RHOADES, WAUGH, LaVALLE, BROWNE and Committee on Labor and Industry to meet during today's Session SCARNATI, by unanimous consent, offered Senate Resolution in the Rules room to consider Senate Bill No. 1090. No. 217, entitled:

UNFINISHED BUSINESS A Resolution designating February 3, 2006, as "Wear Red for BILLS REPORTED FROM COMMITTEES Women Day" in Pennsylvania.

Senator MADIGAN, from the Committee on Transportation, Which was read, considered, and adopted by voice vote. reported the following bills: Senators ORIE, TARTAGLIONE, WASHINGTON, SB 664 (Pr. No. 845) O'PAKE, D. WHITE, WONDERLING, FONTANA, PIPPY, THOMPSON, C. WILLIAMS, COSTA, BRIGHTBILL, PUNT, An Act amending the act of June 25, 1931 (P.L.1352, No.332), referred to as the Delaware River Joint Toll Bridge Compact, providing ERICKSON, WOZNIAK, TOMLINSON, EARLL, RAFFERTY, for veto power by the Governor over certain actions; and further ARMSTRONG, LOGAN, PILEGGI, LEMMOND, MJ. providing for powers and duties and for audits. WHITE, MUSTO, CONTI, STACK, BROWNE, WENGER, SCARNATI, KASUNIC and REGOLA, by unanimous consent, SB 1056 (Pr. No. 1445) offered Senate Resolution No. 218, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania A Resolution recognizing the month of Februaiy 2006 as "Women's Consolidated Statutes, further providing for commercial driver's license Heart Awareness Month" in Pennsylvania. requirements. Which was read, considered, and adopted by voice vote. HB654(Pr.No.747) CONGRATULATORY RESOLUTIONS An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for period of revocation or The PRESIDENT laid before the Senate the following suspension of operating privilege. resolutions, which were read, considered, and adopted by voice vote: HB 1285 (Pr. No. 1966) Congratulations of the Senate were extended to Carolyn Corey Jarin, Corbett J. Carrel and to the Honorable William E. Neis by An Act amending Title 74 (Transportation) of the Pennsylvania Senator Conti. Consolidated Statutes, providing for administrative practice and Congratulations of the Senate were extended to Josie L. procedure; and making a related repeal. Lowers by Senator Ferlo. Senator TOMLINSON, from the Committee on Congratulations of the Senate were extended to Mr. and Mrs. Appropriations, reported the following bill: Harold Amwine and to Jeffery Emory Bruce by Senator Gordner. Congratulations of the Senate were extended to Eleanor Isenberg and to the Huntingdon County Holstein Club by Senator HB 2317 (Pr. No. 3457) (Amended) Jubelirer. An Act providing for the capital budget for the fiscal year 2005- Congratulations of the Senate were extended to the Honorable 2006; itemizing public improvement projects, furniture and equipment William Shovlin by Senator LaValle. projects, transportation assistance projects, redevelopment assistance Congratulations of the Senate were extended to Kasey M. capital projects, flood control projects, Keystone Recreation, Park and Koscianski and to William M. McCormley by Senator Logan. Conservation Fund projects, Environmental Stewardship Fund projects Congratulations of the Senate were extended to Mr. and Mrs. and Motor License Fund projects to be constructed or acquired or assisted by the Department of General Services, the Department of George Schroyer, Mr. and Mrs. Albert Anderson, Mr. and Mrs. Community and Economic Development, the Department of Raymond Stiner and to Tyler M. Reeder by Senator Madigan. Conservation and Natural Resources, the Department of Environmental Congratulations of the Senate were extended to Timothy M. Protection and the Department of Transportation, together with their Egger and to Garrett Williams Caldwell by Senator Robbins. 2006 LEGISLATIVE JOURNAL — SENATE 1211

Congratulations of the Senate were extended to Jacob Senator BRIGHTBILL. Madam President, in an order Stanisch, David Harrington, David Calvin Earle and to Dustin released on January 20,2006, in Berks County, Judge James M. Scott Beane by Senator Scamati. Bucci of the Court of Common Pleas, a new judge, refased the Congratulations of the Senate were extended to Mr. and Mrs. prosecutor's request to impose a mandatory minimum sentence Robert Espenshade, John Farrell, Jonathan James Geruntho and in a drug case. In that case, a motion for modification of the to Justin Brown by Senator Vance. sentence has been filed by the Commonwealth. This particular Congratulations of the Senate were extended to Dolores defendant was convicted of possessing 44 grams of cocaine and Abreu and to Laura Lamar by Senator Waugh. 103 grams of marijuana, and 105 grams of marijuana is three Congratulations of the Senate were extended to James J. Lutz, times the small amount of marijuana. A small amount is Chad Anthony Weaver and to the Warwick High School Boys' considered for personal use. This, by law, calls for a mandatory Varsity Soccer Team of Lititz by Senator Wenger. minimum sentence for a 3-year jail term. Congratulations of the Senate were extended to David L. The defendant was sentenced by Judge Bucci to only 15 to 30 Krainbucher, Lawrence E. Dorenkamp, Andrew Alan Raybuck months in State prison. The judge said, according to newspaper and to Ruth Dietrich by Senator M.J. White. reports, that he agreed with the defendant's lawyer that because Congratulations of the Senate were extended to the Business, the defendant acted as a police informant to help catch other drug Industrial and Professional Association of Palmer Township by dealers, an alleged supplier plea bargain, he deserved a break in Senator Wonderling. the case. According to the prosecution, this was not the case. It Congratulations of the Senate were extended to the Souderton is a disputed fact, but what is important here is that the judge's Area High School Boys' Water Polo Team by Senators decision not to impose a mandatory minimum sentence, Wonderling and Greenleaf. according to accounts in the Reading papers, which quoted other Congratulations of the Senate were extended to Mr. and Mrs. common pleas judges, is the first time that a local judge in Berks Fred L. Waters, Sr., Mr. and Mrs. Robert Hense, Mr. and Mrs. County ever deviated from a mandatory minimum sentence since Harold Wilson and to Vincent J. Ryder by Senator Wozniak. the law was enacted. Madam President, the law is very clear that, quote, "when the POSTHUMOUS CITATION aggregate weight of the compound or mixture containing the The PRESIDENT laid before the Senate the following substance involved is at least 10 grams and less than 100 grams;" citation, which was read, considered, and adopted by voice vote: there is a mandatory minimum sentence of 3 years in prison. The A posthumous citation honoring the late Judith L. Shelley was law also provides that "there shall be no authority in any court to extended to the family by Senator Waugh. impose on an offender to which this section is applicable a lesser sentence than provided for herein or to place the offender on BILLS ON FIRST CONSIDERATION probation, parole, work release or prerelease or to suspend sentence." Senator RAFFERTY. Madam President, I move that the The General Assembly by law has stated that the Senate do now proceed to consideration of all bills reported from Commonwealth has sole discretion to invoke mandatory committees for the first time at today's Session. minimum sentence provisions for drug trafficking offenses, and The motion was agreed to by voice vote. "When the Commonwealth gives reasonable notice that it intends The bills were as follows: to invoke statute governing mandatory minimum sentence for drug trafficking convictions, the notice shall state all relevant SB 506, SB 664, SB 780, SB 1003, SB 1056, HB 395, HB provisions...." 654, HB 1285, HB 1467 and HB 2317. Now, it is interesting because in the news article. Judge Ludgate and Judge Keller, both of whom say they impose And said bills having been considered for the first time. mandatory minimum sentences, say they disagree with the Ordered, To be printed on the Calendar for second General Assembly on this public policy issue. My reaction, consideration. Madam President, is that their disagreeing with us is fair and is ANNOUNCEMENT BY MAJORITY LEADER something that we should consider. What is not fair is when a judge like Judge Bucci just simply decides to ignore the law. The The PRESIDENT. The Chair recognizes the gentleman from judge would be free to criticize the district attorney if he feels Lebanon, Senator Brightbill. that the district attorney should not have invoked the minimum Senator BRIGHTBILL. Madam President, I ask the Members mandatory sentence, that would be acceptable. The judge can do of the Committee on Labor and Industry to report to the Rules that from the bench. The judge can criticize the General room for a short meeting. Assembly if he feels that people like myself are wrong for The PRESIDENT. Would the Members of the Committee on supporting legislation that accomplishes these things, we accept Labor and Industry please report to the Rules room. that. We have actually grown quite accustomed to getting criticism, but the judge needs to obey the law and cannot ignore PETITIONS AND REMONSTRANCES the law. (continued) Madam President, my question to Judge Bucci is, when he ran The PRESIDENT. The Chair recognizes the gentleman from for office, which was only a year or so ago, did he tell the Lebanon, Senator Brightbill. electorate that he was going to consider mandatory minimum 1212 LEGISLATIVE JOURNAL — SENATE JANUARY 31, sentences to be so much surplusage? I am going to suggest to the ANNOUNCEMENTS BY THE SECRETARY judge that there is a remedy. The remedy is that he can resign as a common pleas judge and run again, and if he runs again, that he The following announcements were read by the Secretary of make it clear to the public that he is going to disregard the Senate: mandatory minimum sentences because he thinks they are wrong, and if the public wants to accept that position and reelect him, SENATE OF PENNSYLVANIA God bless them, but in the meantime, the law is clear. COMMITTEE MEETINGS I would note that in the Commonwealth's motion for modification of the sentence, which is a matter of public record, WEDNESDAY. FEBRUARY 1.2006 the Commonwealth says that the defendant did not plead guilty 9:00 A.M. EDUCATION (public hearing on Senate Room 8E-B in reliance of any expectations, and the Commonwealth Bill No. 298) East Wing maintains there was never a plea bargain, and my recollection is, and I am looking for it now, is that they made an allegation that WEDNESDAY FEBRUARY 8. 2006 they intended, that they filed the intention to invoke the 10:30 A.M. AGING AND YOUTH (to consider Senate Room 461 mandatory minimum sentence. And finally,Mada m President, if Resolutions No. 166 and 167; Senate Bill Main Capitol the Chair allows me to read through all this legalese, the No. 1033; and House Bills No. 200 and defendant never cooperated with law enforcement in any 247) substantial way, which is the reason the judge said that he stated it. What I am suggesting to this judge is that he, on his own MONDAY FEBRUARY 27,2006 motion, can always continue a sentence, which is legalese for 9:30 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. saying he can always postpone it to make sure he knows what he Department of General Services) Caucus Rm. is doing. This is very serious business. In the meantime, Madam 10:45 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. President, I suggest very strongly that Judge Bucci reconsider his Department of Banking) Caucus Rm. conduct. Thank you. 1:15 RM. APPROPRIATIONS (Budget Hearing - Senate Maj. PA Emergency Management Agency) Caucus Rm. HOUSE MESSAGE 2:45 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. HOUSE CONCURS IN SENATE Budget Secretary) Caucus Rm. CONCURRENT RESOLUTION TUESDAY FEBRUARY 28. 2006 The Clerk of the House of Representatives informed the Senate that the House has concurred in the resolution from the 9:00 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Senate, entitled: Liquor Control Board) Caucus Rm. 10:30 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Department of State) Caucus Rm. Weekly recess. 1:15 RM. APPROPRIATIONS (Budget Hearing - Senate Maj. BILL REPORTED FROM COMMITTEE Department of Revenue) Caucus Rm.

Senator SCARNATI, from the Committee on Labor and 3:00 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Industry, reported the following bill: State Related Universities) Caucus Rm.

SB 1090 (Pr. No. 1492) WEDNESDAY MARCH 1. 2006

An Act amending the act of January 17, 1968 (P.L.ll, No.5), 9:00 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. known as The Minimum Wage Act of 1968, giving effect to Federal State Gaming Control Board) Caucus Rm. changes in wage rates; and making editorial changes. 10:30 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Insurance Department) Caucus Rm. BILL ON FIRST CONSIDERATION 1:15 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Senator BRIGHTBILL. Madam President, I move that the Department of Agriculture) Caucus Rm. Senate do now proceed to consideration of a bill reported from 2:45 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. committee for the firsttim e at today's Session. The motion was agreed to by voice vote. State System of Higher Education) Caucus Rm. The bill was as follows: THURSDAY MARCH 2.2006 SB 1090. 9:00 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. And said bill having been considered for the first time, Department of Labor and Industry) Caucus Rm. Ordered, To be printed on the Calendar for second 10:30 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Dept. of Conservation and Natural Caucus Rm. consideration. Resources) 2006 LEGISLATIVE JOURNAL — SENATE 1213

1:15 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Department of Health) Caucus Rm.

2:45 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Dept. of Community and Economic Caucus Rm. - Development)

MONDAY MARCH 6, 2006

9:30 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Dept. of Military and Veterans Affairs) Caucus Rm.

10:30 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Public Utilities Commission) Caucus Rm.

1:15 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Department of Education) Caucus Rm.

TUESDAY MARCH 7, 2006

9:00 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Department of Transportation) Caucus Rm.

1:15 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. PA School Employees' Retirement Caucus Rm. System and State Employees Retirement System)

2:45 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Department of Corrections) Caucus Rm.

WEDNESDAY MARCH 8, 2006

9:00 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Department of Public Welfare) Caucus Rm.

1:15 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Judiciary) Caucus Rm.

2:45 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. State Police) Caucus Rm.

THURSDAY MARCH 9.2006

9:00 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Department of Aging) Caucus Rm.

10:30 A.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Board of Probation and Parole) Caucus Rm.

1:15 P.M. APPROPRIATIONS (Budget Hearing - Senate Maj. Dept. of Environmental Protection) Caucus Rm. RECESS The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I move that the Senate do now recess until Wednesday, February 1, 2006, immediately following the recess of Special Session. The motion was agreed to by voice vote. The Senate recessed at 5:38 p.m., Eastern Standard Time.