COMMONWEALTH OF PENNSYLVANIA

TUESDAY, NOVEMBER 13, 2007

SESSION OF 2007 191 ST OF THE GENERAL ASSEMBLY No. 84

SENATE The PRESIDENT. The Chair thanks Father Hahn, who is the guest today of Senator Brubaker. TUESDAY, November 13,2007 PLEDGE OF ALLEGIANCE The Senate met at 1 p.m., Eastern Standard Time. (The Pledge of Allegiance was recited by those assembled.) The PRESIDENT (Lieutenant Governor Catherine Baker Knoll) in the Chair. COMMUNICATIONS FROM THE GOVERNOR PRAYER NOMINATIONS REFERRED TO COMMITTEE The Chaplain, Reverend PETER 1. HAHN, of St. Peter's Cath­ The PRESIDENT laid before the Senate the following com­ olic Church, Columbia, offered the following prayer: munications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the Let us bow our heads in prayer. Committee on Rules and Executive Nominations: Dear God, our infinitely loving Father, the psalmist proclaims MEMBER OF THE STATE BOARD that Your law is perfect and that it refreshes the soul. We are OF FUNERAL DIRECTORS assembled this day and every day in the light of Your eternal wisdom and truth, from which that law flows. October 30,2007 Bless these men and women, the Members of the Senate of the To the Honorable, the Senate Commonwealth of Pennsylvania, our brothers and sisters whom of the Commonwealth of Pennsylvania: You have chosen to serve. Give them courage and insight. Give them the grace to always act in Your love, to deliberate with In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Anthony Scarantino, (Public Mem­ civility and respect, always remembering that each is a brother ber), 1213 Zorba Drive, Apartment 6, White Hall 18052, Lehigh and sister in the Lord, a child of God of inestimable value. May County, Eighteenth Senatorial District, for reappointment as a member they never lose sight of the fact that their work is Your work to of the State Board of Funeral Directors, to serve for a term of five years help build a more just and peaceful society. May they never for­ and until his successor is appointed and qualified, but not longer than get that their foremost task must always be to protect the sanctity six months beyond that period. and the dignity of all human life, and that without this protection, EDWARD G. RENDELL any society is doomed to inevitable destruction. May they pro­ Governor mote virtue and religion, foster liberty and equality, oppose all vice and immorality, and seek the common good with a special MEMBER OF THE STATE BOARD OF SOCIAL regard for the poor and the most vulnerable among us. WORKERS, MARRIAGE AND FAMILY Protect them from the seduction of power, for Jesus has re­ THERAPISTS AND PROFESSIONAL COUNSELORS minded us, what does it profit a man if he gain the whole world October 30, 2007 but lose his immortal soul? Shield them from the illusion that they are somehow the arbiter or determiner of law, that they To the Honorable, the Senate might rather always remember that You are the source of all law of the Commonwealth of Pennsylvania: and that their sacred responsibility is to receive that law and ap­ ply it in those ways that You inspire them. May they humbly In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Ami Michele Hooper-Knox, M.S., recognize that any action they undertake that opposes Your law NCC, CAC, LPC, 10487 Mapleton Road, Shippensburg, 17257, Frank- is illegitimate and an affront to Your absolute and universal sov­ lin County, Thirty-third Senatorial District, for appointment as a mem­ ereignty. ber of the State Board of Social Workers, Marriage and Family Thera­ We ask for mercy for all of our transgressions. We seek more pists and Professional Counselors, to serve for a term of four years and until her successor is appointed and qualified, but not longer than six and more each day to be transformed by the power of Your grace months beyond that period, vice Ronald Hayes, Broomall, whose term so that our society may be transformed in Your love. expired. We ask all of this in the name of Jesus Christ, Your son, who lives and reigns with You in the unity of the Holy Spirit, one God EDWARD G. RENDELL forever and ever. Amen. Governor 1274 LEGISLATIVE JOURNAL — SENATE NOVEMBER 13,

MEMBER OF THE COUNCIL OF TRUSTEES OF In conformity with law, I have the honor hereby to nominate for the MILLERSVILLE UNIVERSITY OF PENNSYLVANIA advice and consent of the Senate, Caroline M. Hofifer, 340 Rock Hill Road, Millersville 17551, Lancaster County, Thirteenth Senatorial Dis­ OF THE STATE SYSTEM OF HIGHER EDUCATION trict, for reappointment as a member of the Council of Trustees of Millersville University of Pennsylvania of the State System of Higher November 2,2007 Education, to serve until the third Tuesday of January 2013, and until her successor is appointed and qualified. To the Honorable, the Senate 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, Dr. James Argires, 245 Eshelman Road, Lancaster 17601, Lancaster County, Thirteenth Senatorial Dis­ MEMBER OF THE COUNCIL OF TRUSTEES OF trict, for appointment as a member of the Council of Trustees of MILLERSVILLE UNIVERSITY OF PENNSYLVANIA Millersville University of Pennsylvania of the State System of Higher OF THE STATE SYSTEM OF HIGHER EDUCATION Education, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified, vice Joseph Hennessey, Lan­ November 2, 2007 caster, whose term expired. To the Honorable, the Senate EDWARD G. RENDELL of the Commonwealth of Pennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, William Mcllwaine, 53 Brenner MEMBER OF THE COUNCIL OF TRUSTEES OF Street, Millersville 17551, Lancaster County, Thirteenth Senatorial MILLERSVILLE UNIVERSITY OF PENNSYLVANIA District, for reappointment as a member of the Council of Trustees of OF THE STATE SYSTEM OF HIGHER EDUCATION Millersville University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2013, and until November 2,2007 his successor is appointed and qualified. To the Honorable, the Senate EDWARD G. RENDELL of the Commonwealth of Pennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE COUNCIL OF TRUSTEES OF advice and consent of the Senate, Julianne Dickson, 130 East Vine MILLERSVILLE UNIVERSITY OF PENNSYLVANIA Street, Lancaster 17602, Lancaster County, Thirteenth Senatorial Dis­ trict, for appointment as a member of the Council of Trustees of OF THE STATE SYSTEM OF HIGHER EDUCATION Millersville University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2013, and until November 2,2007 her successor is appointed and qualified, vice James Stengel, York, To the Honorable, the Senate whose term expired. 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, Brian A. Rider, 35 Emlyn Lane, Mechanicsburg 17055, Cumberland County, Thirty-first Senatorial MEMBER OF THE COUNCIL OF TRUSTEES OF District, for appointment as a member of the Council of Trustees of MILLERSVILLE UNIVERSITY OF PENNSYLVANIA Millersville University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2013, and until OF THE STATE SYSTEM OF HIGHER EDUCATION his successor is appointed and qualified, vice Sue Walker, East Peters­ burg, deceased. November 2,2007 EDWARD G. RENDELL To the Honorable, the Senate Governor of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE COUNCIL OF TRUSTEES OF advice and consent of the Senate, Abram W Dififenbach, 296 Strasburg MILLERSVILLE UNIVERSITY OF PENNSYLVANIA Pike, Lancaster 17602, Lancaster County, Thirty-sixth Senatorial Dis­ OF THE STATE SYSTEM OF HIGHER EDUCATION trict, for reappointment as a member of the Council of Trustees of Millersville University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2011, and until November 2, 2007 his successor is appointed and qualified. To the Honorable, the Senate EDWARD G. RENDELL of the Commonwealth of Pennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Gerald Robinson, 158 Hess Boule­ MEMBER OF THE COUNCIL OF TRUSTEES OF vard, Lancaster 17601, Lancaster County, Thirteenth Senatorial District, MILLERSVILLE UNIVERSITY OF PENNSYLVANIA for reappointment as a member of the Council of Trustees of OF THE STATE SYSTEM OF HIGHER EDUCATION Millersville University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2013, and until November 2,2007 his successor is appointed and qualified. To the Honorable, the Senate EDWARD G. RENDELL of the Commonwealth of Pennsylvania: Governor 2007 LEGISLATIVE JOURNAL — SENATE 1275

MEMBER OF THE COUNCIL OF TRUSTEES OF In conformity with law, I have the honor hereby to nominate for the MILLERSVILLE UNIVERSITY OF PENNSYLVANIA advice and consent of the Senate, Ray Melcher, 37 Michigan Drive, Sinking Spring 19608, Berks County, Forty-eighth Senatorial District, OF THE STATE SYSTEM OF HIGHER EDUCATION for appointment as a member of the Council of Trustees of Kutztown University of Pennsylvania of the State System of Higher Education, to November 2, 2007 serve until the third Tuesday of January 2013, and until his successor is appointed and qualified, vice Dianne Lutz, Wemersville, whose term To the Honorable, the Senate expired. of the Commonwealth of Pennsylvania: EDWARD G. RENDELL Governor In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Paul G. Wedel, 3001 Lititz Pike, PO MEMBER OF THE COUNCIL OF TRUSTEES Box 5093, Lancaster 17606, Lancaster County, Thirty-sixth Senatorial District, for reappointment as a member of the Council of Trustees of OF KUTZTOWN UNIVERSITY OF PENNSYLVANIA Millersville University of Pennsylvania of the State System of Higher OF THE STATE SYSTEM OF HIGHER EDUCATION Education, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified. November 8, 2007 EDWARD G. RENDELL To the Honorable, the Senate Governor of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE APPALACHIAN STATES advice and consent of the Senate, Kim W Snyder, 4992 Saint Joseph's LOW-LEVEL RADIOACTIVE WASTE COMMISSION Road, Coopersburg 18036, Lehigh County, Twenty-fourth Senatorial District, for reappointment as a member of the Council of Trustees of Kutztown University of Pennsylvania of the State System of Higher November 5,2007 Education, to serve until the third Tuesday of January 2013, and until his successor is appointed and qualified. To the Honorable, the Senate EDWARD G. RENDELL of the Commonwealth of Pennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, John P. Blake, (Alternate Member), MEMBER OF THE STATE BOARD 100 Lackawanna Street, Archbald 18433, Lackawanna County, Twenty- OF OSTEOPATHIC MEDICINE second Senatorial District, for appointment as a member of the Appala­ chian States Low-level Radioactive Waste Commission, to serve at the November 8, 2007 pleasure of the Governor, vice Daniel C. Gundersen, New Freedom, resigned. To the Honorable, the Senate of the Commonwealth of Pennsylvania: EDWARD G. RENDELL Governor In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Brian Cormac Eury, (Public Member), 930 Anderson Avenue, Drexel Hill 19026, Delaware County, Twenty- MEMBER OF THE PHILADELPHIA SCHOOL sixth Senatorial District, for appointment as a member of the State REFORM COMMISSION Board of Osteopathic Medicine, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Warren Moser, Downingtown, whose term November 5,2007 expired. To the Honorable, the Senate EDWARD G. RENDELL of the Commonwealth of Pennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE PENNSYLVANIA advice and consent of the Senate, Heidi A. Ramirez, PhD., 1010 Clinton CANCER CONTROL, PREVENTION AND Street, Apt. IF, Philadelphia 19107, Philadelphia County, First Senato­ rial District, for appointment as a member of the Philadelphia School RESEARCH ADVISORY BOARD Reform Commission, to serve until January 18, 2009, and until her successor is appointed and qualified, vice James E. Nevels, West Ches­ November 9, 2007 ter, resigned. EDWARD G. RENDELL To the Honorable, the Senate Governor of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE COUNCIL OF TRUSTEES advice and consent of the Senate, Frances K. Barg, PhD., 423 Cole- OF KUTZTOWN UNIVERSITY OF PENNSYLVANIA brook Lane, Bryn Mawr 19010, Montgomery County, Seventeenth OF THE STATE SYSTEM OF HIGHER EDUCATION Senatorial District, for appointment as a member of the Pennsylvania Cancer Control, Prevention and Research Advisory Board to serve for a term of four years and until her successor is appointed and qualified, November 8, 2007 vice Rev. Stephen D. Rosendahl, Erie, deceased.

To the Honorable, the Senate EDWARD G. RENDELL of the Commonwealth of Pennsylvania: Governor 1276 LEGISLATIVE JOURNAL — SENATE NOVEMBER 13,

MEMBER OF THE PENNSYLVANIA In accordance with the power and authority vested in me as Gover­ CANCER CONTROL, PREVENTION AND nor of the Commonwealth, I do hereby recall my nomination dated September 17, 2007, for the appointment of Stephanie Moore, R.R. 2 RESEARCH ADVISORY BOARD Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the State Board of Social Workers, Marriage November 9,2007 and Family Therapists and Professional Counselors, to serve for a term of four years and until her successor is appointed and qualified, but not To the Honorable, the Senate longer than six months beyond that period, vice Ronald Hayes, of the Commonwealth of Pennsylvania: Broomall, whose term expired. In conformity with law, I have the honor hereby to nominate for the I respectfully request the return to me of the official message of advice and consent of the Senate, Joel S. Noumoff, M.D., 238 Lloyd nomination on the premises. Lane, Wynnewood 19096, Montgomery County, Seventeenth Senatorial District, for reappointment as a member of the Pennsylvania Cancer EDWARD G. RENDELL Control, Prevention and Research Advisory Board to serve for a term Governor of four years and until his successor is appointed and qualified. MEMBER OF THE COUNCIL OF TRUSTEES OF EDWARD G. RENDELL MILLERSVILLE UNIVERSITY OF PENNSYLVANIA Governor OF THE STATE SYSTEM OF HIGHER EDUCATION

MEMBER OF THE BOARD OF CLAIMS November 2, 2007 November 9,2007 To the Honorable, the Senate To the Honorable, the Senate of the Commonwealth of Pennsylvania: of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as Gover­ In conformity with law, I have the honor hereby to nominate for the nor of the Commonwealth, I do hereby recall my nomination dated advice and consent of the Senate, Harry G. Gamble, P.E., P.L.S., 28 August 3, 2007, for the appointment of Stephanie Moore, R.R. 2 Box Monticello Drive, Lebanon 17042, Lebanon County, Forty-eight Sena­ 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial Dis­ torial District, for appointment as a member of the Board of Claims, to trict, as a member of the Council of Trustees of Millersville University serve until November 15,2014, and until his successor is appointed and of Pennsylvania of the State System of Higher Education, to serve until qualified, vice Ronald E. Soder, P.E., Camp Hill, whose term expired. the third Tuesday of January 2013, and until her successor is appointed and qualified, vice Sue Walker, East Petersburg, deceased. EDWARD G. RENDELL I respectfully request the return to me of the official message of Governor nomination on the premises. EDWARD G. RENDELL MEMBER OF THE BOARD OF CLAIMS Governor November 9,2007 MEMBER OF THE STATE BOARD OF To the Honorable, the Senate OSTEOPATHIC MEDICINE of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the November 8, 2007 advice and consent of the Senate, Andrew Sislo, 40 W Southampton, Philadelphia 19118, Philadelphia County, Fourth Senatorial District, for To the Honorable, the Senate appointment as a member of the Board of Claims, to serve until Novem­ of the Commonwealth of Pennsylvania: ber 15, 2008, and until his successor is appointed and qualified, vice John R. McCarty, Harrisburg, resigned. In accordance with the power and authority vested in me as Gover­ nor of the Commonwealth, I do hereby recall my nomination dated July EDWARD G. RENDELL 16, 2007, for the appointment of Nina Tinari, (Public Member), 6401 Governor Church Road, Philadelphia 19151, Philadelphia County, Seventh Sena­ torial District, as a member of the State Board of Osteopathic Medicine, RECALL COMMUNICATIONS to serve for a term of four years or until her successor is appointed and REFERRED TO COMMITTEE qualified, but not longer than six months beyond that period, vice War­ ren Moser, Downingtown, whose term expired. The PRESIDENT laid before the Senate the following com­ I respectfully request the return to me of the official message of munications in writing fromHi s Excellency, the Governor of the nomination on the premises. Commonwealth, which were read as follows and referred to the EDWARD G. RENDELL Committee on Rules and Executive Nominations: Governor MEMBER OF THE STATE BOARD OF SOCIAL MEMBER OF THE BOARD OF CLAIMS WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS November 9, 2007 October 30,2007 To the Honorable, the Senate To the Honorable, the Senate of the Commonwealth of Pennsylvania: of the Commonwealth of Pennsylvania: 2007 LEGISLATIVE JOURNAL — SENATE 1277

In accordance with the power and authority vested in me as Gover­ BILLS INTRODUCED AND REFERRED nor of the Commonwealth, I do hereby recall my nomination dated September 11, 2007, for the appointment of B.J. Clark, 611 East Darby The PRESIDENT laid before the Senate the following Senate Road, Havertown 19083, Delaware County, Seventeenth Senatorial Bills numbered, entitled, and referred as follows, which were District, as a member of the Board of Claims, to serve until November 15, 2008, and until his successor is appointed and qualified, vice John read by the Clerk: R. McCarty, Harrisburg, resigned. I respectfully request the return to me of the official message of November L 2007 nomination on the premises. EDWARD G. RENDELL Senators ROBBINS, SCARNATI, PILEGGI, MELLOW, Governor ORIE, LAVALLE, WAUGH, CORMAN, M. WHITE, ERICKSON, PUNT, RAFFERTY, FOLMER and FERLO HOUSE MESSAGES presented to the Chair SB 1087, entitled: HOUSE BILLS FOR CONCURRENCE An Act amending Title 45 (Legal Notices) of the Pennsylvania Consolidated Statutes, providing for electronic publication of legal The Clerk of the House of Representatives presented to the advertising. Senate the following bills for concurrence, which were referred to the committees indicated: Which was committed to the Committee on COMMUNICA­ TIONS AND TECHNOLOGY, November 1,2007. November 5.2007 November 2, 2007 HB 292 - Committee on Labor and Industry. HB 1094 and HB 1324 - Committee on Veterans Affairs and Senators ORIE, RAFFERTY, SCARNATI, MELLOW, Emergency Preparedness. FONTANA, LOGAN, ERICKSON, STOUT, KITCHEN, November 9. 2007 MUSTO, TARTAGLIONE, BAKER, FOLMER, BOSCOLA, COSTA, PIPPY, WASHINGTON, BROWNE, REGOLA and HB 118 - Committee on Education. PICCOLA presented to the Chair SB 1130, entitled: HB 690 — Committee on Environmental Resources and En­ An Act amending Titles 23 (Domestic Relations) and 42 (Judiciary ergy. and Judicial Procedure) of the Pennsylvania Consolidated Statutes, HB 763 ~ Committee on Labor and Industry. further providing for information relating to prospective child-care personnel, for registration, for registration procedures and applicability, HB 1109 ~ Committee on Game and Fisheries. for verification of residence and for information made available on the HB 1192 — Committee on State Government. Internet. HB 1226 - Committee on Consumer Protection and Profes­ sional Licensure. Which was committed to the Committee on JUDICIARY, HB 1388 and HB 1511 - Committee on Judiciary. November 2, 2007. HB 1801 - Committee on Local Government. Senators WONDERLING, RAFFERTY, C. WILLIAMS, November 13.2007 BOSCOLA, KASUNIC, GREENLEAF, ERICKSON, HB 31, HB 523, HB 1147, HB 1548 and HB 1716 - Com­ MADIGAN, O'PAKE, LOGAN, COSTA, WAUGH, BAKER, mittee on Judiciary. EARLL, KITCHEN, FERLO, DINNIMAN, McILHINNEY, HB 110 ~ Committee on Environmental Resources and En­ BROWNE and EICHELBERGER presented to the Chair ergy. SB 1131, entitled: HB 948 ~ Committee on Game and Fisheries. An Act requiring insurers that approve claims for emergency services to directly reimburse organizations that provide such services. HB 1096 ~ Committee on Labor and Industry. HB 1612 - Committee on Consumer Protection and Profes­ Which was committed to the Committee on BANKING AND sional Licensure. INSURANCE, November 2, 2007. HB 1830 - Committee on Aging and Youth. HB 1838 ~ Committee on Education. Senators WONDERLING, VANCE, SCARNATI, ORIE, HB 1877 ~ Committee on Finance. FERLO, RAFFERTY, OTAKE, GORDNER, KITCHEN, HOUSE RESOLUTION FOR CONCURRENCE BOSCOLA, REGOLA and C. WILLIAMS presented to the Chair SB 1132, entitled: The Clerk of the House of Representatives presented to the An Act providing for the collection and banking of placental and Senate the following resolution for concurrence, which was re­ umbilical cord blood for therapeutic transplantation and research; and ferred to the committee indicated: making an appropriation.

November 9, 2007 Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, November 2, 2007. HR 410 ~ Committee on Environmental Resources and En­ ergy. 1278 LEGISLATIVE JOURNAL — SENATE NOVEMBER 13,

November 5,2007 An Act amending the act of April 9, 1929 (P.L.177, No. 175), known as The Administrative Code of 1929, establishing the Office of Consumer Advocate for Insurance as an independent office within the Senators PUNT, OTAKE, RAFFERTY, ERICKSON, Office of Attorney General and prescribing its powers and duties. FONTANA, ORIE, BOSCOLA, GREENLEAF, WAUGH, KITCHEN, TARTAGLIONE, COSTA, BAKER, Which was committed to the Committee on BANKING AND WASHINGTON, LAVALLE, DINNIMAN, M. WHITE, INSURANCE, November 5, 2007. PILEGGI, PIPPY and ROBBINS presented to the Chan- SB 1138, entitled: Senators OTAKE, FONTANA, HUGHES, KASUNIC, An Act amending the act of June 2,1915 (P.L.736, No.338), known as the Workers' Compensation Act, further defining "occupational RHOADES, RAFFERTY, MUSTO, LAVALLE, STOUT, disease." KITCHEN, LOGAN, STACK and WASHINGTON presented to the Chair SB 1145, entitled: Which was committed to the Committee on LABOR AND An Act amending the act of May 17, 1921 (P.L.682, No.284), INDUSTRY, November 5,2007. known as The Insurance Company Law of 1921, providing for medical nutrition therapy coverage requirements for health insurance policies. Senators FUMO, FERLO, FONTANA, WASHINGTON, COSTA, C. WILLIAMS, KITCHEN and A. WILLIAMS Which was committed to the Committee on BANKING AND presented to the Chair SB 1139, entitled: INSURANCE, November 5, 2007. An Act amending the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, further providing for Senator RAFFERTY presented to the Chair SB 1146, entitled: compensation of members of the Pennsylvania Human Relations An Act authorizing the Department of General Services, with the Commission. approval of the Governor and the Department of Military and Veterans' Affairs, to grant and convey, at a price to be determined through a Which was committed to the Committee on LABOR AND competitive bid process, certain lands, buildings and improvements INDUSTRY, November 5, 2007. situate in the Borough of Pottstown, Montgomery County; and authorizing the Department of General Services, with the approval of the Governor, to grant and convey, at a price to be determined through Senators GORDNER, REGOLA, BAKER, BRUBAKER, a competitive bid process, certain lands, buildings and improvements EARLL, ERICKSON, FERLO, FONTANA, RHOADES, situate in the Township of West Norriton, Montgomery County. M. WHITE, WONDERLING and WOZNIAK presented to the Chair SB 1141, entitled: Which was committed to the Committee on STATE GOV­ An Act amending the act of May 1,1933 (P.L.103, No.69), known ERNMENT, November 5,2007. as The Second Class Township Code, further providing for real property, for personal property and for letting contracts. Senators WASHINGTON, FONTANA, HUGHES, Which was committed to the Committee on LOCAL GOV­ MELLOW, C. WILLIAMS, KITCHEN, MUSTO, WOZNIAK ERNMENT, November 5,2007. and STACK presented to the Chair SB 1147, entitled: An Act amending Title 23 (Domestic Relations) of the Senators ORIE, TARTAGLIONE, WONDERLING, COSTA, Pennsylvania Consolidated Statutes, further providing for information relating to prospective child-care personnel. FOLMER, PIPPY and BROWNE presented to the Chan- SB 1142, entitled: Which was committed to the Committee on JUDICIARY, An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for limited Internet November 5, 2007. access for certain sex offenders. Senators REGOLA, EARLL, ERICKSON, FOLMER, Which was committed to the Committee on JUDICIARY, GORDNER, MADIGAN, ROBBINS and D. WHITE presented November 5, 2007. to the Chair SB 1148, entitled: An Act amending the act of June 3, 1937 (P.L.1333, No.320), Senators OTAKE, BOSCOLA, HUGHES, FONTANA, known as the Pennsylvania Election Code, further providing for manner TARTAGLIONE, ORIE, FERLO, RHOADES, MUSTO, of applying to vote. LAVALLE, STOUT, BROWNE, STACK and WASHINGTON presented to the Chair SB 1143, entitled: Which was committed to the Committee on STATE GOV­ An Act amending the act of March 28,2000 (P.L.23, No.7), known ERNMENT, November 5, 2007. as the Fair Credit Extension Uniformity Act, further providing for unfair or deceptive acts or practices. Senators TARTAGLIONE, GREENLEAF, LAVALLE, Which was committed to the Committee on BANKING AND COSTA, RAFFERTY, STACK, ERICKSON, WASHINGTON, INSURANCE, November 5,2007. TOMLINSON, STOUT, LOGAN, DINNIMAN, KASUNIC, BROWNE and HUGHES presented to the Chair SB 1149, Senators O'PAKE, BOSCOLA, HUGHES, FONTANA, entitled: An Act amending Title 18 (Crimes and Offenses) of the KASUNIC, FERLO, RHOADES, RAFFERTY, MUSTO, Pennsylvania Consolidated Statutes, further providing for aggravated LAVALLE, ERICKSON, STOUT, LOGAN, BROWNE, assault. KITCHEN and WASHINGTON presented to the Chair SB 1144, entitled: 2007 LEGISLATIVE JOURNAL — SENATE 1279

Which was committed to the Committee on JUDICIARY, STACK, C. WILLIAMS, KITCHEN, WONDERLING, PUNT, November 5, 2007. HUGHES, WOZNIAK, BROWNE and FONTANA presented to the Chair SB 1140, entitled: Senators PUNT, MUSTO, EARLL, O'PAKE, ERICKSON, An Act amending Title 24 (Education) of the Pennsylvania RAFFERTY, BOSCOLA, FONTANA, GREENLEAF, Consolidated Statutes, further providing for taxation, attachment and assignment of funds; establishing the Public School Employees' Benefit C. WILLIAMS, DINNIMAN, WAUGH, KITCHEN, COSTA, Board and providing for its powers and duties; requiring a school ROBBINS, WASHINGTON, LAVALLE, RHOADES, employee benefits study and evaluation; providing for a Statewide HUGHES, MELLOW and A. WILLIAMS presented to the Chair health benefits program for public school employees, for alternative SB 1151, entitled: measures for cost reduction and for a retirement health savings plan; and An Act amending the act of May 17, 1921 (P.L.682, No.284), establishing the Public School Employees' Benefit Trust Fund. known as The Insurance Company Law of 1921, further providing for coverage for mammographic examinations. Which was committed to the Committee on BANKING AND INSURANCE, November 13, 2007. Which was committed to the Committee on BANKING AND INSURANCE, November 5,2007. Senators TOMLINSON, TARTAGLIONE, FUMO, GREENLEAF, RAFFERTY, ORIE, BAKER, RHOADES, Senators CORMAN, COSTA, BOSCOLA, BROWNE, LAVALLE, MUSTO, LOGAN and WASHINGTON presented RAFFERTY, MELLOW, WASHINGTON, REGOLA, to the Chair SB 1155, entitled: TOMLINSON and BAKER presented to the Chair SB 1152, An Act implementing the provisions of the Model Cremation Law entitled: in Pennsylvania. An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for the commencement of actions. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, Novem­ Which was committed to the Committee on JUDICIARY, ber 13,2007. November 5, 2007. Senators MADIGAN, STOUT, SCARNATI, PILEGGI, Senators GREENLEAF, WAUGH, RAFFERTY, M. WHITE, RAFFERTY, ERICKSON, D. WHITE, M. WHITE, WAUGH, MUSTO, COSTA, O'PAKE and WASHINGTON presented to ARMSTRONG, WASHINGTON, RHOADES, the Chair SB 1153, entitled: WONDERLING, REGOLA and CORMAN presented to the An Act amending Title 42 (Judiciary and Judicial Procedure) of the Chair SB 1158, entitled: Pennsylvania Consolidated Statutes, in Philadelphia Municipal Court, An Act amending Title 74 (Transportation) of the Pennsylvania further providing for jurisdiction and venue; and further providing for Consolidated Statutes, providing for transportation infrastructure the Minor Judiciary Education Board and for qualifications of certain partnership and development. minor judiciary. Which was committed to the Committee on JUDICIARY, Which was committed to the Committee on TRANSPORTA­ November 5,2007. TION, November 13, 2007.

Senators BROWNE, M. WHITE, RAFFERTY, Senators RHOADES, MADIGAN, BAKER, STOUT, PUNT, McILHINNEY, PILEGGI, C. WILLIAMS, WONDERLING, MUSTO, RAFFERTY, ORIE, COSTA, WONDERLING, WAUGH and O'PAKE presented to the Chair SB 1159, entitled: ORIE, BOSCOLA, WAUGH and EARLL presented to the Chair An Act designating Long Pond Road in Tunkhannock Township, SB 1154, entitled: Monroe County, from the intersection with SR 115 eastward to the An Act amending the act of June 27, 2006 (1st Sp.Sess., P.L.1873, intersection with Stony Hollow Road, as Dr. Joseph Mattioli and Dr. No.l), known as the Taxpayer Relief Act, further providing for Rose Mattioli Drive. referendum requirements. Which was committed to the Committee on FINANCE, No­ Which was committed to the Committee on TRANSPORTA­ vember 5, 2007. TION, November 13, 2007.

Senator FOLMER and PILEGGI presented to the Chan- Senators FOLMER, RAFFERTY, ERICKSON and SB 1156, entitled: WONDERLING presented to the Chair SB 1160, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for notice and Pennsylvania Consolidated Statutes, further providing for grading of hearing and for disposition of dependent child. theft offenses.

Which was committed to the Committee on JUDICIARY, Which was committed to the Committee on JUDICIARY, November 5,2007. November 13,2007. November 13,2007 Senators PIPPY, FOLMER, FONTANA, COSTA, Senators MUSTO, MELLOW, FOLMER, LOGAN, STOUT, M. WHITE, ERICKSON, EARLL, WASHINGTON, FERLO, WASHINGTON, BOSCOLA, M. WHITE, O'PAKE, RAFFERTY, ORIE, C. WILLIAMS, KITCHEN, RHOADES, 1280 LEGISLATIVE JOURNAL — SENATE NOVEMBER 13,

WONDERLING, D. WHITE, BROWNE, REGOLA and A. D. WHITE, BAKER, REGOLA, RHOADES, BRUBAKER, WILLIAMS presented to the Chair SB 1161, entitled: KASUNIC, LAVALLE, STOUT, KITCHEN, LOGAN and An Act amending the act of March 10, 1949 (P.L.30, No.14), BOSCOLA presented to the Chair SR 203, entitled: known as the Public School Code of 1949, further providing, in A Resolution urging the President and the Congress of the United educational improvement tax credit, for the definitions of "educational States to suspend funding for the Cross-Border Trucking Demonstration improvement organization" and "innovative educational program." Project, implemented by the United States Department of Transportation, which allows Mexican trucks freeacces s to our nation's Which was committed to the Committee on EDUCATION, roads. November 13, 2007. Which was committed to the Committee on TRANSPORTA­ RESOLUTIONS INTRODUCED AND REFERRED TION, November 5,2007. The PRESIDENT laid before the Senate the following Senate November 13,2007 Resolutions numbered, entitled, and referred as follows, which were read by the Clerk: Senators BROWNE, LAVALLE, BOSCOLA, KASUNIC, FONTANA, FERLO, MUSTO, KITCHEN, COSTA, November 2,2007 ERICKSON, M. WHITE, REGOLA and RHOADES presented to the Chair SR 209, entitled: Senators ORIE, BOSCOLA, WASHINGTON, COSTA, A Resolution directing the Joint State Government Commission to ERICKSON, RAFFERTY, RHOADES, C. WILLIAMS, study the scope and quality of citizenship education in this BROWNE, WOZNIAK and STACK presented to the Chair Commonwealth. SR 204, entitled: A Concurrent Resolution directing the Joint State Government Which was committed to the Committee on EDUCATION, Commission to establish a task force to enlist the help of knowledgeable November 13, 2007. persons to develop educational materials to identify elderly persons at risk for suicide and to identify barriers and ways to surmount barriers encountered by professionals and nonprofessionals in connecting at-risk Senators BROWNE, ORIE, FONTANA, LAVALLE, persons with appropriate resources. RAFFERTY, ERICKSON, PIPPY, C. WILLIAMS, COSTA, GREENLEAF, MELLOW, A. WILLIAMS and MUSTO Which was committed to the Committee on AGING AND presented to the Chair SR 210, entitled: YOUTH, November 2, 2007. A Concurrent Resolution creating the Joint Legislative Commission on Public School Finance and providing for its powers and duties. Senators ORIE, M. WHITE, FUMO, ERICKSON, LOGAN, C. WILLIAMS, STACK, KITCHEN, RAFFERTY, FONTANA, Which was committed to the Committee on EDUCATION, TARTAGLIONE, MUSTO, COSTA, BROWNE, BRUBAKER, November 13,2007. WONDERLING and WASHINGTON presented to the Chair GENERAL COMMUNICATION SR 205, entitled: A Resolution directing the Legislative Budget and Finance 2006-07 ANNUAL REPORT ON THE MANDATE Committee to prepare a report on the mental health system for older WAIVER PROGRAM AND APPLICATION GUIDE adults in this Commonwealth. Which was committed to the Committee on AGING AND The PRESIDENT laid before the Senate the following com- YOUTH, November 2, 2007. munication, which was read by the Clerk as follows:

Senators RHOADES, PUNT, STOUT, ARMSTRONG, COMMONWEALTH OF PENNSYLVANIA WASHINGTON, TOMLINSON, MUSTO, TARTAGLIONE, Department of Education LOGAN, M. WHITE, RAFFERTY, C. WILLIAMS, EARLL, October 29, 2007 KITCHEN, D. WHITE, DINNIMAN, FUMO, FERLO, PILEGGI, BROWNE and REGOLA presented to the Chair Subject: Mandate Waiver Program SR 206, entitled: Annual Report for 2006-2007 A Resolution directing the Legislative Budget and Finance To: The Honorable James R. Roebuck Committee to study telecommunications "dead spots" in the cell phone The Honorable Raphael J. Musto industry. The Honorable Jess M. Stairs The Honorable James J. Rhoades Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, Novem­ From: GERALD L. ZAHORCHAK, D.Ed. ber 2,2007. Secretary of Education November 5,2007 Pursuant to 24 PS. § 17-1714-B (j) of the School Code, I forward to you the annual report on the status of the Mandate Waiver Program in Pennsylvania. Senators SCARNATI, ORIE, WAUGH, ROBBINS, The report provides an overview of the mandate waiver applications CORMAN, PUNT, MADIGAN, RAFFERTY, PIPPY, we received and the status of their approval, as and the following infor­ EICHELBERGER, ERICKSON, EARLL, FOLMER, mation as noted in the statute: 2007 LEGISLATIVE JOURNAL — SENATE 1281

• A list of all waiver applications received by the Department The PRESIDENT. Senator OTake requests a legislative leave beginning September 1, 2006 and ending August 31, 2007. for Senator Stout. • A list of Department approvals and denials of waiver requests, Without objection, the leaves will be granted. including waiver requests that have been withdrawn, returned for modification, deemed ineligible or are pending. SENATE CONCURRENT RESOLUTION • Mandate Waiver Program Process and Procedures. WEEKLY RECESS

If you would like additional copies of the report or for more infor­ Senator PILEGGI offered the following resolution, which was mation, please call the Office of Government Relations at 787-7575. read as follows:

The PRESIDENT. This report will be filed in the Library. In the Senate, November 13, 2007 BILLS SIGNED RESOLVED, (the House of Representatives concurring). Pursuant The PRESIDENT (Lieutenant Governor Catherine Baker to Article II, Section 14, of the Pennsylvania Constitution, that when the Regular Session of the Senate recesses this week, it reconvene on Mon­ Knoll) in the presence of the Senate signed the following bills: day, November 19, 2007, unless sooner recalled by the President Pro Tempore of the Senate; and be it further HB33andHB191. RESOLVED, Pursuant to Article II, Section 14, of the Pennsylva­ nia Constitution, that when the Regular Session of the House of Repre­ BILL REPORTED FROM COMMITTEE sentatives recesses this week, it reconvene on Monday, November 19, 2007, unless sooner recalled by the Speaker of the House of Representa­ Senator ARMSTRONG, from the Committee on Appropria­ tives. tions, reported the following bill: On the question, HB 1589 (Pr. No. 2829) (Amended) Will the Senate adopt the resolution?

An Act providing for the capital budget for the fiscal year 2007- The yeas and nays were required by Senator PILEGGI and 2008; itemizing public improvement projects, furniture and equipment were as follows, viz: projects, transportation assistance projects, redevelopment assistance capital projects, flood control projects. Keystone Recreation, Park and YEA-50 Conservation Fund projects. Environmental Stewardship Fund projects, Motor License Fund projects. State forestry bridge projects, Pennsylva­ Armstrong Fontana O'Pake Tartaglione nia Fish and Boat Commission projects, Manufacturing Fund projects Baker Fumo Orie Tomlinson and federally funded projects to be constructed or acquired or assisted Boscola Gordner Piccola Vance by the Department of General Services, the Department of Community Browne Greenleaf Pileggi Washington and Economic Development, the Department of Conservation and Natu­ Brubaker Hughes Pippy Waugh ral Resources, the Department of Environmental Protection, the Penn­ Corman Kasunic Punt White, Donald sylvania Fish and Boat Commission and the Department of Transporta­ Costa Kitchen Rafferty White, Mary Jo tion, together with their estimated financialcosts ; authorizing the incur­ Dinniman LaValle Regola Williams, Anthony H. ring of debt without the approval of the electors for the purpose of fi­ Earll Logan Rhoades Williams, Constance nancing the projects to be constructed, acquired or assisted by the De­ Eichelberger Madigan Robbins Wonderling partment of General Services, the Department of Community and Eco­ Erickson Mcllhinney Scamati Wozniak nomic Development, the Department of Conservation and Natural Re­ Ferlo Mellow Stack sources, the Department of Environmental Protection, the Pennsylvania Folmer Musto Stout Fish and Boat Commission or the Department of Transportation; stating the estimated useful life of the projects; providing an exemption; pro­ NAY-0 viding for limitation on certain capital projects, for special provisions for certain redevelopment assistance capital projects and for preemption A majority of the Senators having voted "aye," the question of local ordinances for Department of Corrections projects; and making was determined in the affirmative. appropriations. Ordered, That the Secretary of the Senate present the same to the House of Representatives for concurrence. LEGISLATIVE LEAVES SPECIAL ORDER OF BUSINESS The PRESIDENT. The Chair recognizes the gentleman from GUESTS OF SENATOR MICHAEL OTAKE Delaware, Senator Pileggi. PRESENTED TO THE SENATE Senator PILEGGI. Madam President, I request a temporary Capitol leave for Senator Rhoades, and a legislative leave for The PRESIDENT. The Chair recognizes the gentleman from Senator Greenleaf. Berks, Senator O'Pake. The PRESIDENT. Senator Pileggi requests a temporary Senator O'PAKE. Madam President, in the gallery are a group Capitol leave for Senator Rhoades, and a legislative leave for of students from the Legal Society Club of Reading High School. Senator Greenleaf. They make an annual visit to the Capitol to see how we legislate, The Chair recognizes the gentleman from Berks, Senator and I would like the Chair to recognize these 40 students, who O'Pake. are joined by 4 of their teachers, and led by Mrs. Hulya Senator OTAKE. Madam President, I request a legislative Sowerwine. leave for Senator Stout. 1282 LEGISLATIVE JOURNAL — SENATE NOVEMBER 13,

The PRESIDENT. Will the 40 students and their teachers special. We all have our own challenges in life, and we are all from Reading High School please rise so we can welcome you to blessed. We can all overcome our challenges if we believe in the Pennsylvania Senate. ourselves. (Applause.) I was blessed with the ability to ski. I train very hard, and my goal is to make it to the Paralympics. I hope to return to you LEGISLATIVE LEAVE CANCELLED someday and show you my Paralympics medal. I believe in my­ The PRESIDENT. Senator Rhoades has returned, and his self, and I am going to keep going. temporary Capitol leave is cancelled. Those veteran amputees who found hope in themselves can now overcome if they dig deep down within themselves. I do GUESTS OF SENATOR RAPHAEL MUSTO believe the road to achievement is one that leads rightbac k to the PRESENTED TO THE SENATE heart. That is why I am here today. Thank you so much for allowing me to spend a moment with The PRESIDENT. The Chair recognizes the gentleman from you. And again, thank you, Senator Musto, for inviting me. I Luzeme, Senator Musto. encourage all of you to believe in yourself and keep going. Spend Senator MUSTO. Madam President, it is a great honor and some time each day inspiring someone else to do the same. And pleasure to rise today for just a brief moment to introduce Steph­ if you are ever in a position where you do not know what to say anie Jallen to the Senate. Stephanie, an 11-year-old student from to someone, a simple smile will do. God bless you all. the Wyoming Area School District, is accompanied by her (Applause.) mother, Debra Jallen, her sister, Sarah, her grandmother Theresa The PRESIDENT. I ask the family to rise, and we welcome all Gashi, and her friend Josie Johnson. of you. As you will soon learn, Stephanie is an inspiration to us all. (Applause.) While bom without the use of an arm and a leg, she has shown The PRESIDENT. We are very proud of you. more courage and determination than many show in a lifetime. She has taken it upon herself to bring comfort and hope to others RECESS for the future. While she has more than coped with the challenges that confront her, she has not wilted or been afraid to help others. The PRESIDENT. The Chair recognizes the gentleman from The fact is, she recently returned from skiing with a group of Delaware, Senator Pileggi. Iraqi war veteran Marine amputees and spoke with them and Senator PILEGGI. Madam President, I request a recess of the encouraged them as they try to overcome their challenges. That Senate for the purpose, first, of a meeting of the Committee on is the reason why I am so proud to introduce Stephanie. Law and Justice to be held in the Rules room, to be followed by a Republican caucus to be held in the Majority Caucus Room. Madam President, would you recognize Stephanie for some remarks. The PRESIDENT. The Chair recognizes the gentleman from The PRESIDENT. Will Stephanie Jallen please come up and Berks, Senator O'Pake. speak. Senator O'PAKE. Madam President, I ask the Democrats to Miss JALLEN. Madam President, I am Stephanie. Thank you report to our caucus room after the committee meeting. very much for inviting me to talk with you today. I would like to The PRESIDENT. For purposes of a meeting of the Commit­ especially thank Senator Musto for inviting me. I am very hon­ tee on Law and Justice, and Republican and Democratic cau­ ored to join all of you in this amazing room. cuses, without objection, the Senate stands in recess. Eleven years ago, I was bom with certain physical disabilities, AFTER RECESS and they do not limit me in what I can do. It is about what is in my heart and my soul. How I was bom has absolutely nothing to The PRESIDENT. The time of recess having expired, the do with who I am. I love nature and I enjoy being outdoors. I am Senate will come to order. a soccer player. I am a skier. This is my passion. But I am not only here to talk about what I am able to accomplish. I am here CALENDAR to talk about what we all can accomplish as individuals, as a THIRD CONSIDERATION CALENDAR State, and as a country. Recently, I had the chance to ski with a group of United States BILLS OVER IN ORDER veterans who had just returned fromIra q and Afghanistan. While these brave soldiers lost limbs fighting for our country, I knew SB 777, SB 1013 and SB 1051 -- Without objection, the bills that deep down within themselves they had not lost their fight or were passed over in their order at the request of Senator their will. I told them they would overcome this next challenge PILEGGI. in their lives as long as they believed in themselves and they had determination. LEGISLATIVE LEAVES Hope comes fromdee p within all of us, from the heart, and The PRESIDENT. The Chair recognizes the gentleman from that is where our strength comes from.Har d knocks can put you Delaware, Senator Pileggi. down, but they cannot keep you down unless you let them. We Senator PILEGGI. Madam President, I request a temporary must use these things that make us different to make a difference Capitol leave for Senator Piccola, and a legislative leave for Sen­ in our communities. That is what makes each and every one of us ator Baker. 2007 LEGISLATIVE JOURNAL — SENATE 1283

The PRESIDENT. Senator Pileggi requests a temporary BILL ON SECOND CONSIDERATION Capitol leave for Senator Piccola, and a legislative leave for Sen­ ator Baker. Without objection, the leaves will be granted. HB 43 (Pr. No. 68) ~ The Senate proceeded to consideration of the bill, entitled: CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR RESUMED An Act amending Title 27 (Environmental Resources) of the Penn­ sylvania Consolidated Statutes, providing for uniform environmental covenants. BILL LAID ON THE TABLE Considered the second time and agreed to, HB 1152 (Pr. No. 1400) - The Senate proceeded to consider­ Ordered, To be printed on the Calendar for third consider­ ation of the bill, entitled: ation. An Act amending Title 13 (Commercial Code) of the Pennsylvania Consolidated Statutes, extensively revising preliminary provisions and BILL REREFERRED provisions relating to warehouse receipts, bills of lading and documents of title; further providing, in secured transactions, for definitions, for SB 313 (Pr. No. 348) - The Senate proceeded to consider­ perfection and priority in deposit accounts and for perfection upon attachment; and making editorial changes. ation of the bill, entitled: Upon motion of Senator PILEGGI, and agreed to by voice An Act amending the act of September 27, 1961 (P.L.1700, vote, the bill was laid on the table. No.699), known as the Pharmacy Act, further providing for definitions; and providing for registration, qualifications and supervision of phar­ macy technicians and pharmacy technician trainees. SECOND CONSIDERATION CALENDAR Upon motion of Senator PILEGGI, and agreed to by voice BILL REREPORTED FROM COMMITTEE vote, the bill was rereferred to the Committee on Appropriations. AS AMENDED, AMENDED BILL LAID ON THE TABLE SB 721 (Pr. No. 1508) - The Senate proceeded to consider­ ation of the bill, entitled: SB 366 (Pr. No. 404) - The Senate proceeded to consider­ An Act amending the act of July 10,1990 (P.L.404, No.98), known ation of the bill, entitled: as the Real Estate Appraisers Certification Act, further providing for real estate appraiser certification required, for powers and duties of An Act amending Title 23 (Domestic Relations) of the Pennsylva­ board, for application and qualifications, for reciprocity, for certification nia Consolidated Statutes, further providing, in divorce, for legislative renewal and record, for disciplinary and corrective measures, for rein­ findings and intent, defining "companion animal"; and further providing statement, for reporting of multiple certification, for surrender of sus­ for effect of agreement between parties and for equitable division of pended or revoked certificate, for penalties, for injunctive relief and for marital property. scope of practice. On the question, Upon motion of Senator PILEGGI, and agreed to by voice Will the Senate agree to the bill on second consideration? vote, the bill was laid on the table. Senator PILEGGI offered the following amendment No. A4104: BILL ON SECOND CONSIDERATION, AMENDED Amend Sec. 3 (Sec. 6), page 5, lines 15 and 16, by striking out "OF SB 390 (Pr. No. 1489) ~ The Senate proceeded to consider­ THE APPRAISER QUALIFICATIONS BOARD OF THE AP­ ation of the bill, entitled: PRAISAL FOUNDATION" and inserting: set by the board Amend Sec. 3 (Sec. 6), page 5, line 19, by striking out "A" and inserting: one An Act amending Title 18 (Crimes and Offenses) of the Pennsylva­ Amend Sec. 3 (Sec. 6), page 5, line 24, by inserting after "PRAC­ nia Consolidated Statutes, providing for the offense of phishing. TICE." The supervisory appraiser shall be in good standing, have at least five On the question, years of experience as a certified residential appraiser or certified gen­ eral appraiser and shall not supervise more than three appraiser trainees. Will the Senate agree to the bill on second consideration? Senator CORMAN offered the following amendment No. On the question, A4060: Will the Senate agree to the amendment? It was agreed to. Amend Sec. 1 (Sec. 7672), page 6, line 20, by striking out "AN ACTOR" and inserting: A person On the question, Amend Sec. 1 (Sec. 7672), page 6, line 21, by striking out "AC; Will the Senate agree to the bill on second consideration, as TOR" and inserting: person Amend Sec. 1 (Sec. 7672), page 6, line 22, by striking out "ANY­ amended? ONE" and inserting: another It was agreed to. Amend Sec. 1 (Sec. 7672), page 6, line 24, by striking out "ANY­ Ordered, To be printed on the Calendar for third consider­ ONE" and inserting: another person Amend Sec. 1 (Sec. 7672), page 6, line 29, by striking out "THE ation. 1284 LEGISLATIVE JOURNAL — SENATE NOVEMBER 13,

PERSON PROVIDES THE" and inserting: receives BILLS LAID ON THE TABLE Amend Sec. 1 (Sec. 7672), page 6, line 30, by inserting after "IN­ FORMATION" pursuant to the action taken under subparagraph (i) HB 642 (Pr. No. 2557) ~ The Senate proceeded to consider­ Amend Sec. 1 (Sec. 7672), page 7, line 2, by striking out "IN VIO­ ation of the bill, entitled: LATION OF" and inserting: under Amend Sec. 1 (Sec. 7674), page 8, line 11, by inserting after "A" An Act amending Title 18 (Crimes and Offenses) of the Pennsylva­ where it appears the first time: legitimate nia Consolidated Statutes, further providing for the offense of neglect Amend Sec. 1 (Sec. 7674), page 8, line 15, by striking out "IN­ of care-dependent person. DUCING," Amend Sec. 1 (Sec. 7674), page 8, line 19, by striking out "THE VIOLATOR" and inserting: a person Upon motion of Senator PILEGGI, and agreed to by voice Amend Sec. 1 (Sec. 7674), page 8, lines 27 and 28, by striking out vote, the bill was laid on the table. all of said lines SB 920 (Pr. No. 1145) - The Senate proceeded to consider­ On the question, ation of the bill, entitled: Will the Senate agree to the amendment? It was agreed to. An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, further providing for gu­ On the question, bernatorial appointments. Will the Senate agree to the bill on second consideration, as amended? Upon motion of Senator PILEGGI, and agreed to by voice It was agreed to. vote, the bill was laid on the table. Ordered, To be printed on the Calendar for third consider­ ation. BILL OVER IN ORDER

BILLS REREFERRED SB 1000 ~ Without objection, the bill was passed over in its order at the request of Senator PILEGGI. HB 489 (Pr. No. 1992) - The Senate proceeded to consider­ ation of the bill, entitled: BILL REREFERRED

An Act amending the act of December 4,1996 (P.L.893, No.141), SB 1023 (Pr. No. 1350) ~ The Senate proceeded to consider­ entitled "An act providing for volunteer health services; limiting liabil­ ation of the bill, entitled: ity of a volunteer license holder; and requiring reports," further provid­ ing for license renewal, continuing education requirements and disci- An Act amending the act of February 14, 1986 (P.L.2, No.2), plinaiy and corrective measures. known as the Acupuncture Registration Act, redesignating registration as licensure. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. HB 500 (Pr. No. 2777) - The Senate proceeded to consider­ ation of the bill, entitled: BILL OVER IN ORDER

An Act amending the act of December 20, 1985 (P.L.457, No. 112), HB 1420 ~ Without objection, the bill was passed over in its known as the Medical Practice Act of 1985, providing for perfusionist order at the request of Senator PILEGGI. licensing, qualifications, supervision and scope of practice, regulations and exemptions. RESOLUTION LAID ON THE TABLE Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. SR 141 (Pr. No. 1270) ~ The Senate proceeded to consider­ ation of the resolution, entitled: HB 501 (Pr. No. 2778) - The Senate proceeded to consider­ ation of the bill, entitled: A Resolution memorializing the President and Congress of the United States, in the reauthorization of the No Child Left Behind Act of 2001, to address funding issues, teacher certification issues, issues re­ An Act amending the act of October 5,1978 (P.L.1109, No.261), garding certain disadvantaged students and reliability of present assess­ known as the Osteopathic Medical Practice Act, providing for ment standards. perfusionist licensing, qualifications, supervision and scope of practice, regulations and exemptions. Upon motion of Senator PILEGGI, and agreed to by voice vote, the resolution was laid on the table. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. 2007 LEGISLATIVE JOURNAL — SENATE 1285

SB 317 TAKEN FROM THE TABLE MEMBER OF THE COUNCIL OF TRUSTEES OF MILLERSVILLE UNIVERSITY OF PENNSYLVANIA Senator PILEGGI. Madam President, I move that Senate Bill OF THE STATE SYSTEM OF HIGHER EDUCATION No. 317, Printer's No. 1088, be taken from the table and placed on the Calendar. November 2, 2007 A voice vote having been taken, the question was determined To the Honorable, the Senate in the affirmative. of the Commonwealth of Pennsylvania: The PRESIDENT. The bill will be placed on the Calendar. In accordance with the power and authority vested in me as Gover­ HB 642 TAKEN FROM THE TABLE nor of the Commonwealth, I do hereby recall my nomination dated August 3, 2007, for the appointment of Stephanie Moore, R.R. 2 Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial Dis­ Senator PILEGGI. Madam President, I move that House Bill trict, as a member of the Council of Trustees of Millersville University No. 642, Printer's No. 2557, be taken from the table and placed of Pennsylvania of the State System of Higher Education, to serve until on the Calendar. the third Tuesday of January 2013, and until her successor is appointed and qualified, vice Sue Walker, East Petersburg, deceased. A voice vote having been taken, the question was determined I respectfully request the return to me of the official message of in the affirmative. nomination on the premises. The PRESIDENT. The bill will be placed on the Calendar. EDWARD G. RENDELL RECESS Governor

Senator PILEGGI. Madam President, I request a recess of the MEMBER OF THE STATE BOARD OF Senate for the purpose of a meeting of the Committee on Rules OSTEOPATHIC MEDICINE and Executive Nominations to be held in the Rules room at the rear of the Senate. November 8, 2007 The PRESIDENT. Without objection, for the purpose of a meeting of the Committee on Rules and Executive Nominations, To the Honorable, the Senate the Senate stands in recess. of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as Gover­ AFTER RECESS nor of the Commonwealth, I do hereby recall my nomination dated July 16, 2007, for the appointment of Nina Tinari, (Public Member), 6401 The PRESIDENT. The time of recess having expired, the Church Road, Philadelphia 19151, Philadelphia County, Seventh Sena­ Senate will come to order. torial District, as a member of the State Board of Osteopathic Medicine, to serve for a term of four years or until her successor is appointed and COMMUNICATIONS FROM THE GOVERNOR qualified, but not longer than six months beyond that period, vice War­ REPORTED FROM COMMITTEE ON RULES ren Moser, Downingtown, whose term expired. I respectfully request the return to me of the official message of AND EXECUTIVE NOMINATIONS nomination on the premises. Senator ROBBINS, from the Committee on Rules and Execu­ EDWARD G. RENDELL tive Nominations, reported communications from His Excel­ Governor lency, the Governor of the Commonwealth, recalling the follow­ ing nominations, which were read by the Clerk as follows: MEMBER OF THE STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY MEMBER OF THE BOARD OF CLAIMS THERAPISTS AND PROFESSIONAL COUNSELORS

November 9, 2007 October 30, 2007 To the Honorable, the Senate To the Honorable, the Senate of the Commonwealth of Pennsylvania: of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as Gover­ In accordance with the power and authority vested in me as Gover­ nor of the Commonwealth, I do hereby recall my nomination dated nor of the Commonwealth, I do hereby recall my nomination dated September 17, 2007, for the appointment of Stephanie Moore, R.R. 2 September 11, 2007, for the appointment of B.J. Clark, 611 East Darby Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, as a member of the State Board of Social Workers, Marriage District, as a member of the Board of Claims, to serve until November and Family Therapists and Professional Counselors, to serve for a term 15,2008, and until his successor is appointed and qualified, vice John of four years and until her successor is appointed and qualified, but not R. McCarty, Harrisburg, resigned. longer than six months beyond that period, vice Ronald Hayes, I respectfully request the return to me of the official message of Broomall, whose term expired. nomination on the premises. I respectfully request the return to me of the official message of nomination on the premises. EDWARD G. RENDELL Governor EDWARD G. RENDELL Governor 1286 LEGISLATIVE JOURNAL — SENATE NOVEMBER 13,

NOMINATIONS RETURNED TO THE GOVERNOR for reappointment as a member of the Pennsylvania Housing Finance Agency, to serve until July 20, 2011, and until his successor is ap­ pointed and qualified. Senator ROBBINS. Madam President, I move that the nomi­ nations just read by the Clerk be returned to His Excellency, the EDWARD G. RENDELL Governor. Governor A voice vote having been taken, the question was determined in the affirmative. MEMBER OF THE PENNSYLVANIA The PRESIDENT. The nominations will be returned to the HOUSING FINANCE AGENCY Governor. October 18,2007 REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS To the Honorable, the Senate of the Commonwealth of Pennsylvania: Senator ROBBINS, from the Committee on Rules and Execu­ tive Nominations, reported the following nominations made by In conformity with law, I have the honor hereby to nominate for the His Excellency, the Governor of the Commonwealth, which were advice and consent of the Senate, Howard B. Slaughter, Jr., 205 Tilford Road, Pittsburgh 15235, Allegheny County, Forty-third Senatorial Dis­ read by the Clerk as follows: trict, for reappointment as a member of the Pennsylvania Housing Fi­ nance Agency, to serve until July 20, 2013, and until his successor is MEMBER OF THE STATE BOARD OF ACCOUNTANCY appointed and qualified. EDWARD G. RENDELL October 17, 2007 Governor

To the Honorable, the Senate MEMBER OF THE STATE BOARD of the Commonwealth of Pennsylvania: OF OSTEOPATHIC MEDICINE In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Martin C. Levin, CPA, 1633 North October 1, 2007 26th Street, Allentown 18104, Lehigh County, Sixteenth Senatorial District, for appointment as a member of the State Board of Accoun­ tancy, to serve for a term of four years and until his successor is ap­ To the Honorable, the Senate pointed and qualified, but not longer than six months beyond that pe­ of the Commonwealth of Pennsylvania: riod, vice Kevin Foley, Mountain Top, whose term expired. In conformity with law, I have the honor hereby to nominate for the EDWARD G. RENDELL advice and consent of the Senate, Joseph E. Toner, III (Public Member), Governor 10 Arianna Lane, Exton 19341, Chester County, Nineteenth Senatorial District, for appointment as a member of the State Board of Osteopathic Medicine, to serve for a term of four years or until his successor is ap­ MEMBER OF THE CHILDREN'S TRUST FUND BOARD pointed and qualified, but not longer than six months beyond that pe­ riod, vice Esther Richwine, Harrisburg, whose term expired. August 10,2007 EDWARD G. RENDELL Governor To the Honorable, the Senate of the Commonwealth of Pennsylvania: NOMINATIONS LAID ON THE TABLE In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Glen S. Bartlett, M.D., Ph.D., 1420 Senator ROBBINS. Madam President, I request that the nomi­ Deerfield Drive, Hummlestown 17036, Dauphin County, Fifteenth nations just read by the Clerk be laid on the table. Senatorial District, for reappointment as a member of the Children's Trust Fund Board, to serve for a term of three years and until his succes­ The PRESIDENT. The nominations will be laid on the table. sor is appointed and qualified. EXECUTIVE NOMINATIONS EDWARD G. RENDELL Governor EXECUTIVE SESSION Motion was made by Senator ROBBINS, MEMBER OF THE PENNSYLVANIA That the Senate do now resolve itself into Executive Session HOUSING FINANCE AGENCY for the purpose of considering certain nominations made by the Governor. October 18,2007 Which was agreed to by voice vote. To the Honorable, the Senate NOMINATIONS TAKEN FROM THE TABLE of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the Senator ROBBINS. Madam President, I call from the table advice and consent of the Senate, John Paone, 8610 Thomas Mill Drive, certain nominations and ask for their consideration. Philadelphia 19128, Philadelphia County, Seventh Senatorial District, The Clerk read the nominations as follows: 2007 LEGISLATIVE JOURNAL — SENATE 1287

MEMBER OF THE STATE BOARD OF ACCOUNTANCY MEMBER OF THE STATE BOARD OF OSTEOPATHIC MEDICINE October 17,2007 To the Honorable, the Senate October 1,2007 of the Commonwealth of Pennsylvania: To the Honorable, the Senate In conformity with law, I have the honor hereby to nominate for the of the Commonwealth of Pennsylvania: advice and consent of the Senate, Martin C. Levin, CPA, 1633 North 26th Street, Allentown 18104, Lehigh County, Sixteenth Senatorial In conformity with law, I have the honor hereby to nominate for the District, for appointment as a member of the State Board of Accoun­ advice and consent of the Senate, Joseph E. Toner, HI (Public Member), tancy, to serve for a term of four years and until his successor is ap­ 10 Arianna Lane, Exton 19341, Chester County, Nineteenth Senatorial pointed and qualified, but not longer than six months beyond that pe­ District, for appointment as a member of the State Board of Osteopathic riod, vice Kevin Foley, Mountain Top, whose term expired. Medicine, to serve for a term of four years or until his successor is ap­ pointed and qualified, but not longer than six months beyond that pe­ EDWARD G. RENDELL riod, vice Esther Richwine, Harrisburg, whose term expired. Governor EDWARD G. RENDELL MEMBER OF THE CHILDREN'S TRUST FUND BOARD Governor

August 10, 2007 On the question, To the Honorable, the Senate Will the Senate advise and consent to the nominations? of the Commonwealth of Pennsylvania: The yeas and nays were required by Senator ROBBINS and In conformity with law, I have the honor hereby to nominate for the were as follows, viz: advice and consent of the Senate, Glen S. Bartlett, M.D., Ph.D., 1420 Deerfield Drive, Hummlestown 17036, Dauphin County, Fifteenth YEA-50 Senatorial District, for reappointment as a member of the Children's Trust Fund Board, to serve for a term of three years and until his succes­ Armstrong Fontana O'Pake Tartaglione sor is appointed and qualified. Baker Fumo Orie Tomlinson Boscola Gordner Piccola Vance EDWARD G. RENDELL Browne Greenleaf Pileggi Washington Governor Brubaker Hughes Pippy Waugh Corman Kasunic Punt White, Donald MEMBER OF THE PENNSYLVANIA Costa Kitchen Rafferty White, Mary Jo Dinniman LaValle Regola Williams, Anthony H. HOUSING FINANCE AGENCY Earll Logan Rhoades Williams, Constance Eichelberger Madigan Robbins Wonderling October 18, 2007 Erickson Mcllhinney Scamati Wozniak Ferlo Mellow Stack To the Honorable, the Senate Folmer Musto Stout of the Commonwealth of Pennsylvania: NAY-0 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, John Paone, 8610 Thomas Mill Drive, A constitutional majority of all the Senators having voted Philadelphia 19128, Philadelphia County, Seventh Senatorial District, "aye," the question was determined in the affirmative. for reappointment as a member of the Pennsylvania Housing Finance Agency, to serve until July 20, 2011, and until his successor is ap­ Ordered, That the Governor be informed accordingly. pointed and qualified. EXECUTIVE SESSION RISES EDWARD G. RENDELL Governor Senator ROBBINS. Madam President, I move that the Execu­ tive Session do now rise. MEMBER OF THE PENNSYLVANIA The motion was agreed to by voice vote. HOUSING FINANCE AGENCY UNFINISHED BUSINESS October 18,2007 SENATE RESOLUTIONS ADOPTED To the Honorable, the Senate of the Commonwealth of Pennsylvania: Senators VANCE, ARMSTRONG, BAKER, BROWNE, BRUBAKER, COSTA, EARLL, ERICKSON, FERLO, In conformity with law, I have the honor hereby to nominate for the FOLMER, FONTANA, FUMO, GREENLEAF, KASUNIC, advice and consent of the Senate, Howard B. Slaughter, Jr., 205 Tilford KITCHEN, LAVALLE, MADIGAN, McILHINNEY, MUSTO, Road, Pittsburgh 15235, Allegheny County, Forty-third Senatorial Dis­ trict, for reappointment as a member of the Pennsylvania Housing Fi­ O'PAKE, ORIE, PILEGGI, PIPPY, PUNT, RAFFERTY, nance Agency, to serve until July 20, 2013, and until his successor is RHOADES, ROBBINS, STOUT, TARTAGLIONE, appointed and qualified. TOMLINSON, WASHINGTON, WAUGH, D. WHITE, M. WHITE and C. WILLIAMS, by unanimous consent, offered EDWARD G. RENDELL Governor Senate Resolution No. 211, entitled: 1288 LEGISLATIVE JOURNAL — SENATE NOVEMBER 13,

A Resolution designating the week of November 11 through 17, Congratulations of the Senate were extended to George E. 2007, as 'Terioperative Nurses Week" in Pennsylvania. Christianson by Senator Folmer. Which was read, considered, and adopted by voice vote. Congratulations of the Senate were extended to the Honorable Shirley F. Drake, Ronald E. LeVan, Jr., Fred Zankiewicz and to Senators OTAKE, TARTAGLIONE, KASUNIC, ORIE, Joshua Emory Gallagher by Senator Gordner. FONTANA, LAVALLE, STOUT, PUNT, PIPPY, RAFFERTY, Congratulations of the Senate were extended to Edward Fran­ BRUBAKER, MUSTO, C. WILLIAMS, WAUGH, ERICKSON, cis Valibus and to John V. Nowotarski III by Senator OTake. ARMSTRONG, BROWNE, LOGAN, ROBBINS, GREEN­ Congratulations of the Senate were extended to Marie C. LEAF, WONDERLING, EARLL, TOMLINSON, MELLOW, Capuano by Senator Orie. COSTA, KITCHEN, WASHINGTON and A. WILLIAMS, by Congratulations of the Senate were extended to John Daniel unanimous consent, offered Senate Resolution No. 212, entitled: Poling III, Luke DTJrso, Jeremy David Irwin, Kevin Downs and to Gregory Mazmanian by Senator Pileggi. A Resolution designating November 14,2007, as "Leukemia, Lym­ Congratulations of the Senate were extended to David 31aine phoma and Myeloma Awareness Day" in Pennsylvania. Shedlock by Senator Pippy. Congratulations of the Senate were extended to Kyle Garvin Which was read, considered, and adopted by voice vote. and to Brian Lauderback by Senator Rafferty. Congratulations of the Senate were extended to Amanda Sgro, Senators FONTANA, LOGAN, FERLO, WASHINGTON, Sophia Datsko, Dorothy Vosik, Jeffrey Rizzo, Steven Miller, STOUT, TARTAGLIONE, KASUNIC, M. WHITE, COSTA, Nicholas Wu, Hanna Millstein, Nicole Zibelman, Tyler Patricelli ORIE, RAFFERTY, MUSTO, GREENLEAF, BRUBAKER, and to Rosemary Adiletto by Senator Tomlinson. ARMSTRONG, ERICKSON, O'PAKE, PILEGGI, STACK, C. Congratulations of the Senate were extended to Armand WILLIAMS, LAVALLE, PIPPY, WONDERLING, WOZNIAK, McKissick by Senator Washington. BAKER and FOLMER, by unanimous consent, offered Senate Congratulations of the Senate were extended to Charles Resolution No. 213, entitled: Robson, Viola Robson, Julie Yahnke, Rusty Brown and to Dylan Oliver by Senator Waugh. A Resolution recognizing and congratulating the Student Conserva­ Congratulations of the Senate were extended to Thomas S. tion Association on its 50th anniversary of public service to parks and Lever III, Richard's Drive-In of Easton, Lions Club of Palmer public lands in the Pittsburgh area, throughout this Commonwealth and across the United States. Township, Bucks County Transport, Inc., and to Spectrum of Floors of Easton by Senator Wonderling.

Which was read, considered, and adopted by voice vote. CONDOLENCE RESOLUTIONS Senators ORIE, RAFFERTY, FERLO, FONTANA, C. WIL­ The PRESIDENT laid before the Senate the following resolu­ LIAMS, EARLL, ERICKSON, COSTA, GREENLEAF, tions, which were read, considered, and adopted by voice vote: KASUNIC, ARMSTRONG, PILEGGI, OTAKE, STACK, Condolences of the Senate were extended to the family of the LAVALLE, REGOLA, BAKER and WOZNIAK, by unanimous late Sergeant Lonny D. Wells by Senator Ferlo. consent, offered Senate Resolution No. 214, entitled: Condolences of the Senate were extended to the family of the late Carolyn Yvonne Brown by Senator Piccola. A Resolution designating November 13, 2007, as "Prematurity Condolences of the Senate were extended to the family of the Awareness Day" in Pennsylvania and encouraging efforts to fund re­ late Charles E. Cassidy by Senator Stack. search and programs to find causes of prematurity. BILL ON FIRST CONSIDERATION Which was read, considered, and adopted by voice vote. Senator A.H. WILLIAMS. Madam President, I move that the CONGRATULATORY RESOLUTIONS Senate do now proceed to consideration of the bill reported from committee for the first time at today's Session. The PRESIDENT laid before the Senate the following resolu­ The motion was agreed to by voice vote. tions, which were read, considered, and adopted by voice vote: The bill was as follows: Congratulations of the Senate were extended to Thomas M. Perry, Matthew Adam Sikora, Christopher Bowman, Daniel HB 1589. Donowski and to Richard J. Dodson by Senator Baker. Congratulations of the Senate were extended to Sheila And said bill having been considered for the first time, Drummond by Senators Boscola, Browne, and Wonderling. Ordered, To be printed on the Calendar for second consider­ Congratulations of the Senate were extended to Mr. and Mrs. ation. Thomas Breslauer, Robert Uguccioni, Grace Marks, Denise PETITIONS AND REMONSTRANCES Cebular, Bruce Denlinger and to James Becker by Senator Boscola and others. The PRESIDENT. The Chair recognizes the gentleman from Congratulations of the Senate were extended to Andrew R. Berks, Senator O'Pake. Register and to the Chester County Drug Court by Senator Senator O'PAKE. Madam President, I rise to speak about Dinniman. school property tax reform. I am convinced we cannot afford to 2007 LEGISLATIVE JOURNAL — SENATE 1289 drop this ball. I am convinced we need to keep this ball on the their homeowner school property tax bill was completely wiped field, in bounds, and in play. I am referring. Madam President, to out. the long-festering, difficult, and elusive struggle to reform our Combined with the anticipated $1 billion fromslot s gaming, system of school finance in Pennsylvania generally, and more we can raise the $5.3 billion needed to totally lift the school specifically, to lift the school property tax burden from the backs property tax from the backs of Pennsylvania's homeowners by of homeowners. imposing a gradual one-half of 1 percent increase in the State As we all know, there have been many efforts over many years income tax rate for every $50,000 in income over $100,000, to to deal with this issue. Act 1 was our most recent effort and the a maximum rate of 6.57 percent on income over $400,000 a year. first to set the stage for as much as $1 billion in relief, with senior By converting to a graduated State income tax to eliminate the citizen homeowners as the first beneficiaries to the tune of some homeowner school property tax, Pennsylvanians would also be $200 million in property tax cuts. And while I am encouraged by joining the vast majority of States in America that impose a grad­ the fact that many more seniors, more than 7,000 in Berks uated State income tax. The maximum 6.57 percent rate on the County alone, are receiving property tax rebate checks this year wealthiest Pennsylvanians, those with incomes over $400,000 a than last year via our historic expansion of the Property Tax and year, would still be below the maximum income tax rate in our Rent Rebate Program, my Berks County constituents have told neighboring States of New Jersey, which is 8.97 percent, and me loud and clear, and I suspect the same holds true for many of New York, which is 6.85 percent. my colleagues, that Act 1 did not go nearly far enough. Of course, the beauty of this plan is that more than 90 percent The fact is, Madam President, there is rarely a day or week of those who pay State income tax, more than 5.2 million low to that goes by that my office is not flooded with calls, letters, or e- moderate to higher middle income families, those who earn less mails urging an absolute end to Pennsylvania's archaic and ineq­ than $100,000 a year, would not pay a dime more in income tax uitable property tax system and describing many times in frustrat­ but would have their homeowner school property tax eliminated. ing and worrisome detail how the crushing burden of property As I said before, the majority of the remaining 10 percent who taxes is threatening the ability of our hardworking families and would pay somewhat more in State income tax would still pay fixed-income seniors to hold on to their homes. We have some less in total taxes once the homeowner property tax from their folks who are paying their property taxes by racking up huge school district was a thing of the past. additional charges on credit cards. We have others who are just My plan does require a constitutional amendment, but one of giving up, selling their homes, and moving back into a rental the bills I am introducing in the package today is an emergency property, or worse, moving to another State where they have amendment to our State Constitution that, if approved by a heard things might be better. two-thirds majority of the General Assembly, could reach the That is why, Madam President, I am convinced that we need voters for a final decision in short order, and without the custom­ to go further, much further I hope, in addressing this issue. That ary two-Session timeframe for consideration of a constitutional is why, Madam President, I am today introducing a new proposal change. The fact remains, in my view, that people being taxed that is aimed at finally ridding Pennsylvanians of the most bur­ out of their homes constitutes an emergency, and I hope there are densome of the property taxes, the homeowner school property enough of my colleagues who would agree that this warrants such tax, by shifting the burden to those with the greatest ability to a determination and our urgent deliberation and action. pay. Equally important, the constitutional change is needed to for­ Similar to the Stop Taxing Our Property proposal introduced ever prohibit the reinstitution of the homeowner school property by my colleague Senator Logan, which I and others have cospon- tax once it has been eliminated. As I indicated, this plan received sored, this alternative is aimed at trying to find a common ground the most support, 75 percent of the survey respondents by a re­ to at least move forward with a plan or a combination of plans to cent newsletter questionnaire, 15 percent were opposed, and 10 finally extinguish the homeowner school property tax once and percent had no opinion. for all. I also asked my constituents what they thought of the The legislation I am introducing today is supported by over 75 still-being-developed House-initiated Commonwealth Caucus percent of my constituents who responded to a recent constituent Plan for Pennsylvania's Future that hinges in large measure on survey in the 11th Senatorial District. While the survey was un­ expansion of the sales tax base to include almost every good and scientific, the 1,785 constituents who took the time to respond service. It is similar to the Senate measure introduced by Senator have told me in no uncertain terms that they want us to pick up Piccola which I cosponsored, and that received a favorable re­ this ball again and at this time attack this problem with finality sponse of 48 percent, with 38 percent opposed and 13.5 percent and in a comprehensive fashion. with no opinion. The legislative concept that I am formally introducing today, Sixty-seven percent of the respondents favored Senator Lo­ and which more than three-quarters of the 11th Senatorial Dis­ gan's S.T.O.P. plan, which also calls for a graduated State income trict survey respondents said they favored, would totally elimi­ tax but adds an increase in the sales tax to eliminate all home­ nate the homeowner school property tax by shifting the burden owner property taxes - school, municipal, and county. to a graduated State income tax on those with the greatest ability Twenty-one percent were opposed to the S.T.O.P. plan, and 11 to shoulder the burden. No one earning less than $100,000 would percent had no opinion. pay more in State income tax, and most of those who would pay In the many accompanying comments in response to the sur­ more in State income tax would still pay less in total taxes once vey, Madam President, my constituents also made very clear that 1290 LEGISLATIVE JOURNAL — SENATE NOVEMBER 13, they want all of us to work together on this issue to find the bi­ would have health insurance. That number gradually grows until partisan common ground necessary to finally get this job done, by 2012 there will be 95,712 Pennsylvania children who will not and, last but not least, to address this issue in a comprehensive be covered because of George Bush's veto. fashion that not only reforms the way we pay for our schools but And concerning the killed and wounded, Pennsylvania pays a also embraces a concerted effort to control and reduce school price there as well. So far in this war, 1,197 of our sons and costs whenever possible. daughters have been wounded, and another 175 have been killed. Greater efficiency in cost control must be a part of this effort, I will mention two of them by name in a few minutes. along with adequacy and equity in school funding, a subject we As he made his war funding request last month, Bush had the are expecting to hear a lot more about tomorrow when the educa­ nerve to say that the money was necessary to, quote, "Support tion costing-out study is expected to be released. The bottom our troops," end of quote. The only meaningful way to support line, Madam President, is that our constitutional obligation is to our troops after 4 1/2 years of Bush's foreign policy calamity is provide for both a thorough and efficient system of public educa­ to bring them home and out of harm's way. tion in Pennsylvania, and I believe we can do a much better job Most of America realizes that. A Washington Post-ABC News on both counts, just as we must find a more equitable way to pay poll showed that a majority of Americans oppose fiilly funding for it. As Senator Rhoades indicated at a news conference about Bush's $190 billion war request. Seventy percent want the pro­ a month ago when he offered another solution to this difficult posed allocation reduced. The same poll showed that a sizable issue, we have to keep this dialogue going. I agree. But we also majority, almost 70 percent, support expansion of the Children's have to stop talking and start doing, and as I said at the outset, we Health Insurance Program. have to keep this ball on the field, in bounds, and in play. Our Bush's war hurts children in another respect too. With all the people are demanding and deserve a more permanent solution, no deficit spending it is causing, it will be our children and our more fumbles, no more fouls. And all sports analogies aside, grandchildren who will have to pay the bill. No sooner had Bush Madam President, this is serious business and a serious proposal increased his war funding request than the Congressional Budget that I advance today. Office came out with a new estimate on the cost of the war. For any Senator who has not yet signed on to my three-bill Through the next decade, according to the CBO, the wars in Iraq legislation package and would like to, I have left the bills at the and Afghanistan will carry a price tag of $2.4 trillion. Of that, Secretary's desk. We can do better, Madam President, much $1.9 trillion is just for Iraq. And that is only the direct cost. It better. does not count for the care of our wounded veterans for years to Thank you. come. The PRESIDENT. Thank you, Senator O'Pake, for your ex­ As I described on this floor in March of last year, two highly cellent petition. respected economists, one fromHarvar d and another one a Nobel The Chair recognizes the gentleman fromPhiladelphia , Sena­ Prize winner, estimated that you can add another trillion dollars tor Fumo. to that direct cost. As of the end of last month, the hard dollar Senator FUMO. Madam President, last month America was cost of the war so far has been $604 billion. Adjusted for infla­ given a very stark and very sad look at the priorities of the Bush tion, that is higher than the cost of either the Korean or the Viet­ administration. With bipartisan support, the United States Senate nam wars, according to the Center for Strategic and Budgetary and House passed and sent to the White House a $35 billion Assessment. And still, there is no end in sight. expansion of the SCHIP program to provide health care coverage George Bush said a lot of things that were not true prior to the to more children across the country. But telling the American invasion of Iraq in March of 2003, but one that people may have public that we could not afford it, George Bush vetoed the legis­ forgotten is this: he said then that the war would cost no more lation. than $50 billion. Much of what we are spending in Iraq may be This is the same George Bush who took a $236 billion budget waste. Military officials said in September that $88 billion worth surplus from Bill Clinton and turned it into a 6-year record of of contracts for services in Iraq are currently being audited be­ soaring budget deficits. Yet just days after saying that we could cause of financial irregularities. One high-ranking defense de­ not afford to give kids an additional $35 billion worth of health partment official told a House hearing that the military war pro­ insurance, Bush asked Congress for an additional $46 billion in curement system was in disarray. Shay Assad, the director of war spending for 2008. That money was on top of the $147 bil­ defense procurement and acquisition policy, said, quote, "In a lion request that he had submitted earlier to Congress for the combat environment, we did not have the checks and balances we same year. Almost all of the money would go toward fightingth e should have had," end of quote. war in Iraq. That ruinous war is costing us now about $2 billion While this goes on, Iraq continues to drain our military re­ a day. sources. That is a topic about which I will have more to say in the So here is George Bush's message to the children of America: upcoming weeks. For now, I will simply point out that retired we are not going to pay to keep you healthy. Instead, we are go­ General Paul Eaton said last year that because of the Iraq war ing to spend the money to send other young people over to Iraq spending, the Army had a $530 million shortfall for its posts. So to get killed and horribly wounded. other facilities have gotten squeezed. It is a message that we hear loud and clear in Pennsylvania. That is just the tip of the iceberg of a much greater problem in Regarding SCHIP, our State will have to scale back our expected the way the war is weakening our military and thus jeopardizing enrollment growth if this legislation is not enacted. Next year our nation's security. And, of course, most tragic of all, we con­ alone we would be unable to cover 9,288 children who otherwise tinue to suffer the loss of our men and women in combat. As of 2007 LEGISLATIVE JOURNAL — SENATE 1291 the end of last week, there have been 3,860 American soldiers RECESS killed in Iraq. Another 28,451 have been wounded. Among those killed earlier this year in Iraq were these two The PRESIDENT. The Chair recognizes the gentlewoman Pennsylvanians whose memory I now ask you to honor. Sergeant from Allegheny, Senator Orie. Russell A. Kurtz, 22, of Bethel Park died in Fallujah on February Senator ORIE. Madam President, I move that the Senate do 11 of wounds suffered when an IED detonated near his vehicle now recess until Wednesday, November 14, 2007, at 1 p.m., during combat operations. Sergeant Kurtz was assigned to the Eastern Standard Time. 3rd Battalion, 509th Parachute Infantry Regiment, 4th Airborne The motion was agreed to by voice vote. Brigade Combat Team, 25th Infantry Division. The Senate recessed at 3:28 p.m., Eastern Standard Time. Captain Todd M. Seibert, 34, of Baden died February 16 while conducting combat operations in Al Anbar Province. Cap­ tain Seibert was assigned to the 3rd Battalion, 6th Marine Regi­ ment, 2nd Marine Division, II Marine Expeditionary Force. Thank you, Madam President. The PRESIDENT. I ask all of the Senators and the staff to please stand up for a moment of silence for Sergeant Russell Kurtz, Bethel Park, and Captain Todd Seibert, Baden, Pennsylva­ nia. (Whereupon, the Senate en bloc stood in a moment of silence in solemn respect to the memory of Sergeant RUSSELL A. KURTZ and Captain TODD M. SEIBERT.) ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate:

SENATE OF PENNSYLVANIA

COMMITTEE MEETINGS

WEDNESDAY, NOVEMBER 14,2007

10:00 A.M. FINANCE (public hearing on Divestment Room 461 as it relates to PA Public Employee Retire- Main Capitol ment Systems)

11:30 A.M. AGRICULTURE AND RURAL AFFAIRS Room 8E-A (to consider Senate Bills No. 863 and East Wing 1020; and Senate Resolutions No. 193 and 195)

12:00 Noon STATE GOVERNMENT (to consider Room 8E-B Senate Bills No. 428,776 and 1122; and East Wing House Bills No. 419, 1621 and 1627)

12:30 P.M. GAME AND FISHERIES (to consider Room 461 House Bills No. 948 and 1109) Main Capitol

12:40 P.M. APPROPRIATIONS (to consider Senate Room 461 Bills No. land 266) Main Capitol

Off the RULES AND EXECUTIVE NOMINA­ Rules Cmte. Floor TIONS (to consider certain executive Conf. Rm. nominations)

MONDAY, NOVEMBER 19, 2007

10:00 A.M. JUDICIARY (public hearing on the bene- Hrg. Rm. 1 fits of treatment courts) North Off.

TUESDAY, NOVEMBER 20. 2007

9:30 A.M. CONSUMER PROTECTION AND PRO- Hrg. Rm. 1 FESSIONAL LICENSURE (public hear- North Off. ing to receive comments on amendments to Senate Bill No. 1134)