COMMONWEALTH OF PENNSYLVANIA

TUESDAY, JUNE 12, 2007

SESSION OF 2007 191 ST OF THE GENERAL ASSEMBLY No. 41

SENATE COMMUNICATIONS FROM THE GOVERNOR TUESDAY, June 12,2007 NOMINATIONS REFERRED TO COMMITTEE

The Senate met at 1 p.m., Eastern Daylight Saving Time. The PRESIDENT laid before the Senate the following com­ munications in writing from His Excellency, the Governor of the The PRESIDENT (Lieutenant Governor Catherine Baker Commonwealth, which were read as follows and referred to the Knoll) in the Chair. Committee on Rules and Executive Nominations: PRAYER INSURANCE COMMISSIONER The Chaplain, Reverend SCOTT MANGANELLA, of Pre­ OF PENNSYLVANIA cious Life Church, Altoona, offered the following prayer: Would you bow together with me. June 12,2007 Almighty God and Father, it is with awe and reverence that we To the Honorable, the Senate come into Your presence. We recognize the great calling that of the Commonwealth of Pennsylvania: You have given this august body. We understand that govern­ ment has been ordained by You and it is no mistake that the men In conformity with law, I have the honor hereby to nominate for the and women who are gathered in this chamber are here today. It advice and consent of the Senate, Joel S. Ario, 6867 Quarry Road, NE, Silverton, Oregon 97381, for appointment as Insurance Commissioner is not simply a matter of votes, but Your word declares that it is of Pennsylvania, to serve until the third Tuesday of January 2011, and You who sets up kings and sets them down. It is You who sets up until his successor is appointed and qualified, vice The Honorable M. rulers and places them down, and Father, we thank You that You Diane Koken, Lancaster, resigned. have brought this group of men and women together in this place EDWARD G. RENDELL at this time for this great Commonwealth. Governor Lord, it is with a sense of pride that we stand in this chamber recognizing not just the great history but the awesome responsi­ MEMBER OF THE PENNSYLVANIA bility that these men and women bear. Father, might they under­ PUBLIC TELEVISION NETWORK COMMISSION stand this morning that You have called them ministers of God. Just as much as any priest, any pastor, any rabbi, anyone who June 12, 2007 stands behind the sacred desk and declares the word of God, these men and women, according to Your word, are ministers, To the Honorable, the Senate ministers of God. Father, it would be our prayer this morning that of the Commonwealth of Pennsylvania: You would take these men and women and accomplish the great In conformity with law, I have the honor hereby to nominate for the purposes that You have for them. We thank You so much for the advice and consent of the Senate, John Saler, 350 Llandillo Road, Bala privilege of being able to be here. Cynwyd 19004, Montgomery County, Seventeenth Senatorial District, We ask, Dear Lord, Your blessings upon this body, upon the for appointment as a member of the Pennsylvania Public Television Senate, the House, our Governor, Lieutenant Governor, and all Network Commission, to serve until August 17, 2011, or until his suc­ those who are in authority over us, because You have told us we cessor is appointed and qualified, but not longer than six months be­ yond that period, vice Lita Indzel Cohen, Merion, whose term expired. ought to pray for them. So Father, we pray for them today and ask Your blessings upon them as they work out Your will for the EDWARD G. RENDELL Commonwealth of Pennsylvania, for it is in Your Son's name we Governor pray. Amen. RECALL COMMUNICATION The PRESIDENT. The Chair thanks Reverend Manganella, REFERRED TO COMMITTEE who is the guest today of Senator Eichelberger. The PRESIDENT laid before the Senate the following com­ PLEDGE OF ALLEGIANCE munication in writing from His Excellency, the Governor of the (The Pledge of Allegiance was recited by those assembled.) Commonwealth, which was read as follows and referred to the Committee on Rules and Executive Nominations: 632 LEGISLATIVE JOURNAL — SENATE JUNE 12,

INSURANCE COMMISSIONER The amount of the outstanding net debt OF PENNSYLVANIA as of June 7, 2007[sic] $ 6,648,456,745 June 12, 2007 The difference between the limitation upon all net debt outstanding as provided To the Honorable, the Senate in Article VIII, Section 7(a)(4) of the Constitution of the Commonwealth of the Commonwealth of Pennsylvania: of Pennsylvania and the amount of In accordance with the power and authority vested in me as Gover­ outstanding net debt as of nor of the Commonwealth, I do hereby recall my nomination dated May June 7, 2007[sic] $41,540,445,765 18, 2007, for the appointment of B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, IN TESTIMONY WHEREOF, I have hereto set my hand and af­ as Insurance Commissioner of Pennsylvania, to serve until the third fixed the seal of the Auditor General, this 5th day of June 2007. Tuesday of January 2011, and until his successor is appointed and quali­ fied, vice The Honorable M. Diane Koken, Lancaster, resigned. JACK WAGNER I respectfully request the return to me of the official message of Auditor General nomination on the premises. Commonwealth of Pennsylvania EDWARD G. RENDELL RESOLUTIONS INTRODUCED AND REFERRED Governor The PRESIDENT laid before the Senate the following Senate GENERAL COMMUNICATION Resolutions numbered, entitled, and referred as follows, which were read by the Clerk: AUDITOR GENERALS CERTIFICATE June 11. 2007 The PRESIDENT laid before the Senate the following com­ munication, which was read by the Clerk as follows: Senators STOUT, MUSTO, DINNIMAN, KASUNIC and M. WHITE presented to the Chair SR 129, entitled: COMMONWEALTH OF PENNSYLVANIA A Resolution opposing the designation of national interest electric Office of the Auditor General transmission corridors and memorializing the Congress of the United Harrisburg, PA 17120-0018 States to repeal or modify certain provisions of the Energy Policy Act of2005. June 5, 2007 The Honorable Joseph B. Scamati Which was committed to the Committee on President Pro Tempore ENVIRONMENTAL RESOURCES AND ENERGY, June 11, PENNSYLVANIA SENATE 2007. 292 Main Capitol Building Harrisburg, Pennsylvania 17120 Senators SCARNATI, PILEGGI, ARMSTRONG, ORIE, Dear Senator Scamati: WAUGH, ROBBINS, PUNT, M. WHITE, ERICKSON, GREENLEAF, FOLMER, GORDNER, McILHINNEY, In accordance with the provisions of Article VIII, Section 7(a)(4) of the Constitution of the Commonwealth of Pennsylvania and Section RAFFERTY, PIPPY, EARLL, D. WHITE, FERLO, BOSCOLA, 304 of the Capital Facilities Debt Enabling Act (Act 1 of 1999, as FONTANA, LOGAN, FUMO, COSTA, LAVALLE and amended), I am providing you with the accompanying certification in WASHINGTON presented to the Chair SR 131, entitled: connection with the general obligation bond sale of May 22,2007. A Resolution honoring Dan Michaels, Kimio Nelson, Keith A duplicate original of the Auditor General's Certificate is enclosed. Sorensen and John Zingone, deputy sherififs in Warren County, Pennsylvania, for their prominent role in the September 8, 2006, Sincerely, apprehension of a New York State fugitive who later pled guilty to the fatal shooting of one New York State Trooper and the wounding of two JACK WAGNER other troopers. Auditor General Which was committed to the Committee on RULES AND AUDITOR GENERAL'S CERTIFICATE EXECUTIVE NOMINATIONS, June 11,2007. Pursuant to ARTICLE VIII, Section 7(a)(4) Senators GREENLEAF, PILEGGI, ARMSTRONG, ORIE, of the CONSTITUTION OF PENNSYLVANIA ROBBINS, FONTANA, BOSCOLA, FERLO, RAFFERTY, and ERICKSON, D, WHITE, FUMO, WONDERLING, STACK and Section 304 of the Capital Facilities Debt Enabling Act WASHINGTON presented to the Chair SR 135, entitled: A Resolution directing the Joint State Government Commission to To the Governor and The General Assembly: establish a task force and advisory committee to study the distribution and use of methadone, including the diversion of methadone fromit s I, Jack Wagner, Auditor General of the Commonwealth of Pennsyl­ proper and legal uses, and to make a report to the Senate on the vania, pursuant to Article VIII, Section 7(a)(4) of the Constitution of the distribution and use of methadone, including recommendations for Commonwealth of Pennsylvania and Section 304 of the Capital Facili­ changes in State law and regulations. ties Debt Enabling Act (Act 1 of 1999, as amended) certify as follows: 2007 LEGISLATIVE JOURNAL — SENATE 633

Which was committed to the Committee on JUDICIARY, SB 931 (Pr. No. 1114) June 11, 2007. A Supplement to the act of November 30, 1965 (P.L.843, No.355), APPOINTMENTS BY THE known as the Temple University-Commonwealth Act, making appropriations for carrying the same into effect; providing for a basis for MINORITY LEADER payments of such appropriations; and providing a method of accounting The PRESIDENT. The Chair wishes to announce the for the funds appropriated and for certain fiscal information disclosure. Minority Leader has made the following appointments: Senator Jim Ferlo as a member of the Port of Pittsburgh SB 932 (Pr. No. 1115) Commission and as a member of the Pennsylvania Historical and A Supplement to the act of July 7, 1972 (RL.743, No. 176), known Museum Commission. as the Lincoln University-Commonwealth Act, making an appropriation Senator Wayne Fontana as a member of the Pennsylvania for carrying the same into effect; providing for a basis for payments of Public Television Network Commission. the appropriation; and providing a method of accounting for the funds Senator Vincent J. Fumo as a member of the Pennsylvania appropriated and for certain fiscal information disclosure. Housing Advisory Committee and as a member of the Legislative Data Processing Committee. SB 933 (Pr. No. 1116) Senator Vincent J. Hughes as a member of the Executive Committee of the Joint State Government Commission and as a An Act making an appropriation to the Trustees of Drexel University, Philadelphia. member of the Community Service Advisory Board. Senator Richard A. Kasunic as a member of the Hardwoods SB 934 (Pr. No. 1117) Development Council. Senator Sean F. Logan as a member of the Legislative Data An Act making appropriations to the Trustees of the University of Processing Committee. Pennsylvania. Senator Raphael J. Musto as a member of the Mining and Reclamation Advisory Board, as a member of the Recycling SB 935 (Pr. No. 1118) Fund Advisory Committee, as a member of the Pennsylvania Infrastructure Investment Authority (PENNVEST) and as a An Act making appropriations to the Philadelphia Health and member of the Education Commission of the States. Education Corporation for the Colleges of Medicine, Public Health, Senator Michael A. O'Pake as a member of the Pennsylvania Nursing and Health Professions and for continuation of pediatric services. Commission on Crime and Delinquency. Senator LeAnna M. Washington as a member of the Intra- SB 936 (Pr. No. 1119) Govemmental Council on Long-Term Care. Mr. James P. Cappucci as a member of the State Agricultural An Act making appropriations to the Thomas Jefferson University, Land Preservation Board. Philadelphia. Mr. Charles F. Harvey as a member of the Workers' Compensation Advisory Council. SB 937 (Pr. No. 1120) BILLS REPORTED FROM COMMITTEES An Act making an appropriation to the Philadelphia College of Osteopathic Medicine, Philadelphia. Senator ARMSTRONG, from the Committee on Appropriations, reported the following bills: SB 938 (Pr. No. 1121) SB 929 (Pr. No. 1112) An Act making an appropriation to the Pennsylvania College of Optometry, Philadelphia. A Supplement to the act of April 1, 1863 (P.L.213, No.227), entitled "An act to accept the grant of Public Lands, by the United States, to the several states, for the endowment of Agricultural SB 939 (Pr. No. 1122) Colleges," making appropriations for carrying the same into effect; and providing for a basis for payments of such appropriations, for a method An Act making an appropriation to the University of the Arts, of accounting for the funds appropriated and for certain fiscal Philadelphia, for instruction and student aid. information disclosure. SB 940 (Pr. No. 1123) SB 930 (Pr. No. 1113) An Act making appropriations to the Trustees of the Berean A Supplement to the act of July 28, 1966 (3rd Sp.Sess., P.L.87, Training and Industrial School at Philadelphia for operation and No.3), known as the University of Pittsburgh-Commonwealth Act, maintenance expenses. making appropriations for Carrying the same into effect; providing for a basis for payments of such appropriations, for a method of accounting SB 941 (Pr. No. 1124) for the funds appropriated and for certain fiscal information disclosure.

An Act making an appropriation to the Johnson Technical Institute of Scranton for operation and maintenance expenses. 634 LEGISLATIVE JOURNAL — SENATE JUNE 12,

SB 942 (Pr. No. 1125) SB 955 (Pr. No. 1137)

An Act making an appropriation to the Williamson Free School of An Act making an appropriation to the Academy of Natural Mechanical Trades in Delaware County for operation and maintenance Sciences for maintenance expenses. expenses. SB 956 (Pr. No. 1138) SB 943 (Pr. No. 1126) An Act making an appropriation to the African-American Museum An Act making an appropriation to the Lake Erie College of in Philadelphia for operating expenses. Osteopathic Medicine, Erie. SB 957 (Pr. No. 1139) SB 944 (Pr. No. 1127) An Act making an appropriation to the Everhart Museum in An Act making an appropriation to the Fox Chase Institute for Scranton for operating expenses. Cancer Research, Philadelphia, for the operation and maintenance of the cancer research program. SB 958 (Pr. No. 1140)

SB 945 (Pr. No. 1128) An Act making an appropriation to the Mercer Museum in Doylestown, Pennsylvania, for operating expenses. An Act making an appropriation to the Wistar Institute, Philadelphia, for operation and maintenance expenses and for AIDS research. SB 959 (Pr. No. 1141)

SB 946 (Pr. No. 1129) An Act making an appropriation to the Whitaker Center for Science and the Arts in Harrisburg, Pennsylvania, for operating expenses. An Act making an appropriation to the Central Penn Oncology Group. Senator VANCE, from the Committee on Aging and Youth, reported the following bills: SB 947 (Pr. No. 1130) An Act making an appropriation to the Lancaster Cleft Palate for SB 171 (Pr. No. 1164) (Amended) outpatient-inpatient treatment. An Act establishing the Grandparent Caregiver Support Program. SB 948 (Pr. No. 1131) SB 811 (Pr. No. 995) An Act making an appropriation to the Bum Foundation, Philadelphia, for outpatient and inpatient treatment. An Act providing for long-term living facility licensure information; and imposing duties on the Department of Aging, the SB 950 (Pr. No. 1132) Department of Health and the Department of Public Welfare. An Act making an appropriation to The Children's Institute, Pittsburgh, for treatment and rehabilitation of certain persons with Senator PICCOLA, from the Committee on State disabling diseases. Government, reported the following bills:

SB 951 (Pr. No. 1133) SB 648 (Pr. No. 700)

An Act making an appropriation to The Children's Hospital of An Act authorizing the Department of General Services, with the Philadelphia for comprehensive patient care and general maintenance approval of the Department of Military and Veterans Affairs and the and operation of the hospital. Governor, to grant and convey, at a price to be determined through a competitive bid process, certain lands, buildings and improvements SB 952 (Pr. No. 1134) situate in the Borough of Ligonier, Westmoreland County.

An Act making an appropriation to the Beacon Lodge Camp. SB 752 (Pr. No. 828)

SB 953 (Pr. No. 1135) An Act amending the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, providing for acceptable data. An Act making appropriations to the Carnegie Museums of Pittsburgh for operations and maintenance expenses and the purchase SB 810 (Pr. No. 907) of apparatus, supplies and equipment. An Act authorizing and directing the Department of General SB 954 (Pr. No. 1136) Services, with the approval of the Governor, to grant and convey certain lands situate in the City of Pittston, Luzerne County, to the Redevelopment Authority of the City of Pittston. An Act making an appropriation to the Franklin Institute Science Museum for maintenance expenses. 2007 LEGISLATIVE JOURNAL — SENATE 635

LEGISLATIVE LEAVE in Allegheny County, and there are about 60 people in attendance today. They are here to tour the Capitol and are taking the The PRESIDENT. The Chair recognizes the gentleman from opportunity to visit some of their legislators. Would the Senate Lackawanna, Senator Mellow. please welcome the group Let Our Voices Be Heard. Senator MELLOW. Madam President, I request temporary The PRESIDENT. Will all our guests from Let Our Voices Be Capitol leaves for Senator Tartaglione and Senator Connie Heard please rise so we can welcome you. Williams. (Applause.) The PRESIDENT. Senator Mellow requests temporary Capitol leaves for Senator Tartaglione and Senator Connie LEGISLATIVE LEAVE CANCELLED Williams. Without objection, the leaves will be granted. The PRESIDENT. Senator Tartaglione has returned, and her SPECIAL ORDER OF BUSINESS temporary Capitol leave is cancelled. JOURNAL APPROVED GUESTS OF SENATOR MICHAEL L. WAUGH The PRESIDENT. The Journal of the Session of May 21, PRESENTED TO THE SENATE 2007, is now in print. The PRESIDENT. The Chair recognizes the gentleman from A quorum of the Senate being present, the Clerk will read the York, Senator Waugh. Journal of the Session of May 21,2007. Senator WAUGH. Madam President, it is that time of the The Clerk proceeded to read the Journal. year, I would imagine most of us have an intern or two around Senator PILEGGI. Madam President, I move that further our office either here in the Capitol or back home in our district. reading of the Journal be dispensed with and that the Journal be I have joining me today at my Capitol office, Matt Dagette. approved. Matt is presently interning through our district office in the On the question, city of York. He is a graduate fromPen n State, where he majored in political science and history. Matt plans on attending law Will the Senate agree to the motion? school at the University of Baltimore in the fall. One of the The yeas and nays were required by Senator PILEGGI and things that Matt enjoys is ice hockey. I ask that my fellow Members give Matt a very warm welcome. were as follows, viz: The PRESIDENT. Would Matt please rise so we can give you YEA-50 a warm welcome. (Applause.) Armstrong Fontana O'Pake Tartaglione Baker Fumo Orie Tomlinson GUESTS OF SENATOR DON WHITE Boscola Gordner Piccola Vance PRESENTED TO THE SENATE Browne Greenleaf Pileggi Washington Brubaker Hughes Pippy Waugh The PRESIDENT. The Chair recognizes the gentleman from Corman Kasunic Punt White, Donald Indiana, Senator Don White. Costa Kitchen Rafferty White, Mary Jo Dinniman LaValle Regola Williams, Anthony H. Senator D. WHITE. Madam President, I am pleased today to Earll Logan Rhoades Williams, Constance introduce a young constituent from my district, Ciara Strickland. Eichelberger Madigan Robbins Wonderling Ciara submitted the winning entry in the "There Ought to be a Erickson Mcllhinney Scamati Wozniak Ferlo Mellow Stack Law" essay competition that I hold every year for fourth grade Folmer Musto Stout students in the district. Ciara suggested that every public television and radio station NAY-0 immediately post pictures and give important information to help locate missing children. I feel this is truly worth legislative A majority of the Senators having voted "aye," the question consideration. was determined in the affirmative. Ciara is a great student at Curwensville Elementary School in The PRESIDENT. The Journal is approved. Curwensville, Clearfield County. She enjoys basketball, soccer, reading, writing stories, crafts, and spending time with her SPECIAL ORDER OF BUSINESS family. She is accompanied in the gallery by her parents, Rich GUESTS OF SENATOR WAYNE D. FONTANA and Michele Strickland, her sister, Savannah, her teacher, Mr. PRESENTED TO THE SENATE Todd Butler, and his daughter, Krista. The PRESIDENT. The Chair recognizes the gentleman from Also in the gallery is Tammy Weaver, of my Indiana County staff, and our two summer interns, Amelia DeGory and Katie Allegheny, Senator Fontana. Ackerman. I would appreciate a warm Senate welcome for each Senator FONTANA. Madam President, I rise to recognize a of these guests. special group who traveled here today from Pittsburgh, starting in the wee hours of the morning. The name of the group is Let The PRESIDENT. Would Ciara Strickland, her family and guests, and the Senator's Indiana County staff and interns please Our Voices Be Heard. They are here today for their action and rise so we can give you a nice warm welcome. advocacy day in Harrisburg. This is a mental health association (Applause.) 636 LEGISLATIVE JOURNAL — SENATE JUNE 12,

Tiffany is a junior at Lake Gibson High School and is on the GUESTS OF SENATOR ROBERT TOMLINSON tennis team, which she loves. After she graduates she wants to be PRESENTED TO THE SENATE a nurse. Please give Tiffany and her family a warm welcome. The PRESIDENT. The Chair recognizes the gentleman from The PRESIDENT. Would Tiffany and her family please rise so we can give you a warm Senate welcome. Bucks, Senator Tomlinson. (Applause.) Senator TOMLINSON. Madam President, I am pleased to introduce Raymond Harrison, who is serving as guest Page GUESTS OF SENATOR MICHAEL BRUBAKER today. Raymond is from Bensalem, Bucks County, going into his PRESENTED TO THE SENATE senior year at Bucks County Technical School. He is joined today by his parents, Kenneth and Susan Harrison, and his 5- The PRESIDENT. The Chair recognizes the gentleman from year-old sister, Rachel. They enjoy visiting historical places Lancaster, Senator Brubaker. throughout Pennsylvania, in fact, last summer they traveled along Senator BRUBAKER. It is my honor to introduce today my Route 6 in Pennsylvania. I would like to ask the Senate to constituent, Samantha Santoro. On May 3, 2007, at the 222 welcome my guest Page and his family. Dutch Bowling Lanes in Ephrata, Samantha broke the The PRESIDENT. Would Raymond Harrison and his family Pennsylvania and National Junior Girls' Bowling Series records. please rise so we can welcome you. She rolled her fifthstraigh t 300 game in this record series. (Applause.) In addition to this honor, Samantha is also the 2007 Eastern Pennsylvania High School Girls' Singles champion and is looking GUESTS OF SENATOR JOHN EICHELBERGER forward to bowling this July in Buffalo, New York, in the United PRESENTED TO THE SENATE States Bowling Congress Youth Junior Gold Championship and Youth Open Championship. The PRESIDENT. The Chair recognizes the gentleman from Blair, Senator Eichelberger. Samantha is a junior at Cocalico High School and is the Senator EICHELBERGER. Madam President, I rise to daughter of Nicholas and Marci Santoro. Madam President and introduce Twila Manganella, who is here with our Chaplain fellow Members, please join me in welcoming Samantha and her today, Scott, and she is seated in the gallery; she is joined by parents to the Senate of Pennsylvania. three other guests from the 30th District, Renee Cohn, Anne The PRESIDENT. Will Samantha and her parents please rise Zelnosky, and Nancy Head. Please join me in welcoming them so we can give you a nice warm welcome. to the Pennsylvania Senate. (Applause.) The PRESIDENT. Would you all please rise so we can GUESTS OF SENATOR MICHAEL A, OTAKE welcome you. PRESENTED TO THE SENATE (Applause.) The PRESIDENT. The Chair recognizes the gentleman from GUESTS OF SENATOR CHARLES McILHINNEY Berks, Senator O'PAKE. PRESENTED TO THE SENATE Senator O'PAKE. Madam President, visiting the Capitol today The PRESIDENT. The Chair recognizes the gentleman from are nurse practitioners from throughout Pennsylvania, and two of Bucks, Senator Mcllhinney. them are in the gallery fromBerk s County. I would like the Chair Senator McILHINNEY. Madam President, it is my pleasure to welcome Cindy Dimovitz, who is fromMohrsville , and Sharon to introduce Joyce Cooney, a former Senate employee and a Zacckey, who is fromMohnton . good friendan d constituent from Doylestown. The PRESIDENT. Would Cindy Dimovitz and Sharon Accompanying Joyce is her son, Owen, and his friendBlake , Zacckey please rise so we can give you a nice warm welcome. and Mrs. Linda Szymanski, Blake's mom. Both are fourth grade (Applause.) students fromLinde n Elementary School in Doylestown. Please LEGISLATIVE LEAVE CANCELLED join me in welcoming them with a warm Senate welcome. The PRESIDENT. Would Senator Mcllhinney's guests please The PRESIDENT. Senator Connie Williams has returned, and rise so we can give you a warm Senate welcome. her temporary Capitol leave is cancelled. (Applause.) GUESTS OF SENATOR CONSTANCE WILLIAMS GUESTS OF SENATOR MIKE FOLMER PRESENTED TO THE SENATE PRESENTED TO SENATE The PRESIDENT. The Chair recognizes the gentlewoman The PRESIDENT. The Chair recognizes the gentleman from from Montgomery, Senator Connie Williams. Lebanon, Senator Folmer. Senator C. WILLIAMS. Madam President, I have the pleasure Senator FOLMER. Madam President, I am very honored and of having two groups of guests visiting today. They were both pleased to introduce a guest Page all the way from Lakeland, high bidders on visiting the Senate and the Capitol, and I share Florida, Tiffany Bachman, who happens to be the granddaughter one group with Senator Dinniman. They are from Senator of Jackie Bachman, one of our Pages. She is here with her father, Dinniman's district, but they put their bid in at an Ardmore Lance, and Madison. Rotary function, and I am very delighted to have with us today 2007 LEGISLATIVE JOURNAL — SENATE 637

Dr. Helise Bichefsky, an internist, her husband, David Reilly, CALENDAR who is a cardiac nurse, their son Jarrod, who is 8 and had a lot of interesting questions, and his neighbor and good friend, BILL ON CONCURRENCE IN Alejendro Macaroon. They are from Malvern, but they came on HOUSE AMENDMENTS an Ardmore Rotary auction trip. I am delighted they are here today and hope they are having a good time. SENATE CONCURS IN HOUSE AMENDMENTS The PRESIDENT. Would Dr. Helise Bichefsky, David Reilly, and other guests please rise so we may welcome you. SB 218 (Pr. No. 1056) - The Senate proceeded to (Applause.) consideration of the bill, entitled: Senator C. WILLIAMS. Madam President, the second group I have visiting today are students who have just graduated from An Act amending the act of December 31, 1965 (P.L. 1257, No.511), known as The Local Tax Enabling Act, providing for local Lower Merion High School and who had bid on and won the trip services taxes; repealing provisions relating to emergency and municipal at "A Taste of Lower Merion," a charity event at the high school. services taxes and to continuation of occupational privilege taxes; and I am very proud that these four students are going off to some making editorial changes. wonderful colleges - Penn State, the University of Chicago, Swarthmore, and Johns Hopkins University. I would like to On the question, introduce Tom Smith, Seth Berlin, Sarah Hawkins, and Andrew Will the Senate concur in the amendments made by the House Karasik. I am delighted that they are here today to see us in to Senate Bill No. 218? action. The PRESIDENT. Will our four new graduates please rise so Senator PILEGGI. Madam President, I move that the Senate we can welcome you. Good luck in the fixture. do concur in the amendments made by the House to Senate Bill (Applause.) No. 218.

RECESS On the question, Will the Senate agree to the motion? The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator Orie. The yeas and nays were required by Senator PILEGGI and Senator ORIE. Madam President, I request a recess of the were as follows, viz: Senate for the purpose of a Republican caucus. The PRESIDENT. The Chair recognizes the gentleman from YEA-48 Berks, Senator O'Pake. Senator O'PAKE. Madam President, I ask the Democrats to Armstrong Folmer Mellow Stack report to our caucus room immediately. Baker Fontana Musto Stout The PRESIDENT. For purposes of Republican and Boscola Fumo O'Pake Tartaglione Democratic caucuses, without objection, the Senate stands in Browne Gordner Orie Tomlinson Brubaker Greenleaf Piccola Vance recess. Corman Hughes Pileggi Washington Costa Kasunic Pippy Waugh AFTER RECESS Dinniman Kitchen Punt White, Donald Earll LaValle Regola White, Mary Jo The PRESIDENT. The time of recess having expired, the Eichelberger Logan Rhoades Williams, Anthony H. Senate will come to order. Erickson Madigan Robbins Williams, Constance Ferlo Mcllhinney Scamati Wozniak LEGISLATIVE LEAVES NAY-2 The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Rafiferty Wonderling Senator PILEGGI. Madam President, I request a temporary Capitol leave for Senator Piccola. A constitutional majority of all the Senators having voted The PRESIDENT. Senator Pileggi requests a temporary "aye," the question was determined in the affirmative. Capitol leave for Senator Piccola. Ordered, That the Secretary of the Senate inform the House of The Chair recognizes the gentleman from Philadelphia, Representatives accordingly. Senator Fumo. Senator FUMO. Madam President, I request a temporary THIRD CONSIDERATION CALENDAR Capitol leave for Senator Connie Williams. The PRESIDENT. Senator Fumo requests a temporary BILL OVER IN ORDER Capitol leave for Senator Connie Williams. Without objection, the leaves will be granted. SB 317 ~ Without objection, the bill was passed over in its order at the request of Senator PILEGGI. 638 LEGISLATIVE JOURNAL — SENATE JUNE 12,

BILL ON THIRD CONSIDERATION Amend Sec. 1 (Sec. 304), page 3, by inserting between lines 10 and AND FINAL PASSAGE 11: (8) Agriculture. (9) Health and welfare concerns. SB 385 (Pr. No. 1152) - The Senate proceeded to consideration of the bill, entitled: On the question, Will the Senate agree to the amendment? An Act amending the act of July 9, 1990 (P.L.340, No.78), known It was agreed to. as the Public Safety Emergency Telephone Act, providing for interconnected Voice over Internet Protocol service; and establishing Without objection, the bill, as amended, was passed over in its the VoIP 911 Emergency Services Fund. order at the request of Senator PILEGGI.

Considered the third time and agreed to, BILL OVER IN ORDER And the amendments made thereto having been printed as required by the Constitution, SB 826 ~ Without objection, the bill was passed over in its order at the request of Senator PILEGGI. On the question, Shall the bill pass finally? BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: SB 834 (Pr. No. 970) - The Senate proceeded to consideration of the bill, entitled: YEA-50 An Act amending the act of June 14, 1961 (P.L.324, No.188), Armstrong Fontana O'Pake Tartaglione known as The Library Code, further providing for appointment, Baker Fumo Orie Tomlinson qualification and tenure of members of the Advisory Council on Library Boscola Gordner Piccola Vance Development. Browne Greenleaf Pileggi Washington Brubaker Hughes Pippy Waugh Considered the third time and agreed to, Corman Kasunic Punt White, Donald Costa Kitchen Rafferty White, Mary Jo And the amendments made thereto having been printed as Dinniman LaValle Regola Williams, Anthony H. required by the Constitution, Earll Logan Rhoades Williams, Constance Eichelberger Madigan Robbins Wonderling Erickson Mcllhinney Scamati Wozniak On the question, Ferlo Mellow Stack Shall the bill pass finally? Folmer Musto Stout The yeas and nays were taken agreeably to the provisions of NAY-0 the Constitution and were as follows, viz:

A constitutional majority of all the Senators having voted YEA-50 "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to Armstrong Fontana O'Pake Tartaglione the House of Representatives for concurrence. Baker Fumo Orie Tomlinson Boscola Gordner Piccola Vance Browne Greenleaf Pileggi Washington BILLS OVER IN ORDER Brubaker Hughes Pippy Waugh Corman Kasunic Punt White, Donald Costa Kitchen Rafferty White, Mary Jo SB 466 and SB 688 ~ Without objection, the bills were Dinniman LaValle Regola Williams, Anthony H. passed over in their order at the request of Senator PILEGGI. Earll Logan Rhoades Williams, Constance Eichelberger Madigan Robbins Wonderling Erickson Mcllhinney Scamati Wozniak BILL AMENDED Ferlo Mellow Stack Folmer Musto Stout SB 799 (Pr. No. 891) ~ The Senate proceeded to consideration of the bill, entitled: NAY-0

An Act amending the act of June 30,1987 (P.L.163, No.16), known A constitutional majority of all the Senators having voted as the Rural Pennsylvania Revitalization Act, further providing for "aye," the question was determined in the affirmative. board of directors and for grants. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. On the question, Will the Senate agree to the bill on third consideration? HB 876 (Pr. No. 1446) ~ The Senate proceeded to Senator GORDNER offered the following amendment No. consideration of the bill, entitled: A1339: 2007 LEGISLATIVE JOURNAL — SENATE 639

An Act amending Title 71 (State Government) of the Pennsylvania BILLS OVER IN ORDER Consolidated Statutes, further providing for the employer contribution rate. SB 246, SB 333, SB 612, SB 674 and SB 707 - Without objection, the bills were passed over in their order at the request Considered the third time and agreed to, of Senator PILEGGI. On the question, BILL ON SECOND CONSIDERATION Shall the bill pass finally? SB 726 (Pr. No. 882) - The Senate proceeded to The yeas and nays were taken agreeably to the provisions of consideration of the bill, entitled: the Constitution and were as follows, viz: An Act amending the act of August 24, 1963 (P.L. 1175, No.497), YEA-50 known as the Mechanics' Lien Law of 1963, further providing for definitions, for waiver of lien by claimant, for right to limit claims to Armstrong Fontana O'Pake Tartaglione unpaid balance of contract price and for priority of lien. Baker Fumo Orie Tomlinson Boscola Gordner Piccola Vance Browne Greenleaf Pileggi Washington Considered the second time and agreed to, Brubaker Hughes Pippy Waugh Ordered, To be printed on the Calendar for third Corman Kasunic Punt White, Donald consideration. Costa Kitchen Rafiferty White, Mary Jo Dinniman LaValle Regola Williams, Anthony H. Earll Logan Rhoades Williams, Constance BILLS OVER IN ORDER Eichelberger Madigan Robbins Wonderling Erickson Mcllhinney Scamati Wozniak Ferlo Mellow Stack SB 737 and SB 838 - Without objection, the bills were Folmer Musto Stout passed over in their order at the request of Senator PILEGGI.

NAY-0 BILL ON SECOND CONSIDERATION

A constitutional majority of all the Senators having voted SB 844 (Pr. No. 1142) - The Senate proceeded to "aye," the question was determined in the affirmative. consideration of the bill, entitled: Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate An Act amending the act of February 19, 1980 (P.L.15, No.9), has passed the same without amendments. known as the Real Estate Licensing and Registration Act, defining "qualified association"; further providing for prohibited acts and for duties of licensee generally; and providing for handling of deposits and BILL OVER IN ORDER other escrows.

SB 877 ~ Without objection, the bill was passed over in its Considered the second time and agreed to, order at the request of Senator PILEGGI. Ordered, To be printed on the Calendar for third consideration. SECOND CONSIDERATION CALENDAR BILL OVER IN ORDER BILL OVER IN ORDER SB 896 ~ Without objection, the bill was passed over in its SB 7 - Without objection, the bill was passed over in its order order at the request of Senator PILEGGI. at the request of Senator PILEGGI. RECESS BILL ON SECOND CONSIDERATION The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. SB 87 (Pr. No. 121) - The Senate proceeded to consideration Senator PILEGGI. Madam President, I request a recess of the of the bill, entitled: Senate for the purpose of a meeting of the Committee on Rules An Act amending Title 62 (Procurement) of the Pennsylvania and Executive Nominations, to be followed by a meeting of the Consolidated Statutes, providing for contracting with veteran-owned Committee on Appropriations, to be held immediately in the businesses; and imposing duties on the Department of General Services. Rules room. The PRESIDENT. For purposes of meetings of the Considered the second time and agreed to, Committee on Rules and Executive Nominations, to be followed Ordered, To be printed on the Calendar for third by the Committee on Appropriations, to be held immediately in consideration. the Rules room, without objection, the Senate stands in recess. 640 LEGISLATIVE JOURNAL — SENATE JUNE 12,

AFTER RECESS Congratulations of the Senate were extended to Mr. and Mrs. Leonard Sauers by Senator Earll. The PRESIDENT. The time of recess having expired, the Congratulations of the Senate were extended to Demetri J.M. Senate will come to order. Patitsas, Scott Fozard, Deborah Krise, Anna Harris and to Corey R. Campbell by Senator Eichelberger. BILLS REPORTED FROM COMMITTEES Congratulations of the Senate were extended to Thomas J. Senator PILEGGI, from the Committee on Rules and Judge, Sr., by Senators Erickson and Pileggi. Executive Nominations, reported the following bill: Congratulations of the Senate were extended to Charles Lundy, Jean C. Lundy, Janet Lundy, Lela Space, John Springer SB 437 (Pr. No. 853) (Rereported) (Concurrence) and to Andrew D. Springer by Senator Madigan. Congratulations of the Senate were extended to Matthew An Act amending the act of November 10, 1999 (P.L.491, No.45), Belfanti by Senator Mellow. known as the Pennsylvania Construction Code Act, further providing Congratulations of the Senate were extended to Robert L. for the adoption of regulations. Stevenson, Carl S. Merluzzi, Michael D. Kravelk and to Fred Hussar by Senator Musto. Senator ARMSTRONG, from the Committee on Congratulations of the Senate were extended to the General Appropriations, reported the following bill: Federation of Women's Clubs Pocono Mountain Women's Club by Senators Musto, Mellow, and Rhoades. HB 906 (Pr. No. 1887) (Amended) (Rereported) Congratulations of the Senate were extended to Samuel M. Bond by Senator O'Pake. An Act amending the act of July 31, 2003 (P.L.73, No.17), known as the Volunteer Fire Company and Volunteer Ambulance Service Congratulations of the Senate were extended to Shirley M. Grant Act, further defining "volunteer ambulance service"; further Yates and to the Pennsylvania State Foster Parent Association providing for guidelines and procedures, for award of grants and for Senator Piccola. expiration of authority; providing for publication and notice, for special Congratulations of the Senate were extended to St. Mary's provisions; and repealing an obsolete act. Byzantine Catholic Church of Saint Clair by Senator Rhoades. SPECIAL ORDER OF BUSINESS Congratulations of the Senate were extended to Joel and SUPPLEMENTAL CALENDAR No. 1 Christie Straub by Senator Robbins. Congratulations of the Senate were extended to Vincent L. BILL REREPORTED FROM COMMITTEE AS Devitt by Senator Tartaglione. AMENDED ON SECOND CONSIDERATION Congratulations of the Senate were extended to Howard Clausen and to Ario C. Andreoli, Jr., by Senator Vance. HB 906 (Pr. No. 1887) - The Senate proceeded to Congratulations of the Senate were extended to Glenda Sue consideration of the bill, entitled: Gordon, Andrea Diane Taylor, Mable E. Rivers, Rosalee Pliner, Peggy Skinner, Jeannie Frasier Bryant, Judith A. DeLellis, An Act amending the act of July 31, 2003 (P.L.73, No.17), known as the Volunteer Fire Company and Volunteer Ambulance Service Loretta Harriett Lear, Patricia Sharkey, Dr. Dilip Abayasekara Grant Act, further defining "volunteer ambulance service"; further and to Arlene L. Baxter by Senator Washington. providing for guidelines and procedures, for award of grants and for Congratulations of the Senate were extended to William H. expiration of authority; providing for publication and notice, for special Swartz, Jr., by Senator Waugh. provisions; and repealing an obsolete act. Considered the second time and agreed to, BILLS ON FIRST CONSIDERATION Ordered, To be printed on the Calendar for third Senator STOUT. Madam President, I move that the Senate do consideration. now proceed to consideration of all bills reported from commit­ tees for the first time at today's Session. UNFINISHED BUSINESS The motion was agreed to. CONGRATULATORY RESOLUTIONS The bills were as follows: The PRESIDENT laid before the Senate the following resolutions, which were read, considered, and adopted by voice SB 171, SB 648, SB 752, SB 810, SB 811, SB 929, SB 930, vote: SB 931, SB 932, SB 933, SB 934 SB 935, SB 936, SB 937, SB Congratulations of the Senate were extended to the 938, SB 939, SB 940, SB 941, SB 942, SB 943, SB 944, SB Pennsylvania Federation of Democratic Women by Senator 945, SB 946, SB 947, SB 948, SB 950, SB 951, SB 952, SB Boscola. 953, SB 954, SB 955, SB 956, SB 957, SB 958 and SB 959. Congratulations of the Senate were extended to the Allentown Flag Day Association by Senator Browne. And said bills having been considered for the first time, Congratulations of the Senate were extended to Suzanne E. Ordered, To be printed on the Calendar for second consider­ Kresge by Senators Browne and Boscola. ation. Congratulations of the Senate were extended to Michael J. Dominick, Roberta S. Perry and to Downingtown West High School's Generation 4 Africa Club by Senator Dinniman. 2007 LEGISLATIVE JOURNAL — SENATE 641

BILL SIGNED These two former generals are not the only loyal Republicans to speak out lately against George W. Bush's war in Iraq. None The PRESIDENT (Lieutenant Governor Catherine Baker other than Peggy Noonan, who was a high-profile special Knoll) in the presence of the Senate signed the following bill: assistant to President Ronald Reagan and a speechwriter in 1988 for candidate George H.W. Bush when he ran for President, SB 218. blasted this administration in her column in the Wall Street Journal recently. Mainly, Noonan laments the current Bush PETITIONS AND REMONSTRANCES presidency for the way it is tearing apart the conservative The PRESIDENT. The Chair recognizes the gentleman from movement in this country on issue after issue, and she includes Philadelphia, Senator Fumo. foreign policy among the problems. Here is what she had to say, Senator FUMO. Madam President, last month, in an action quote, that is probably unprecedented in American history during a time of war against a foreign foe, we witnessed former military "The beginning of my own sense of separation from the Bush commanders speaking out against the Iraq conflict in paid administration came in January 2005, when the President declared that it is now the policy of the United States to eradicate tyranny in the television advertising. world, and that the survival of American liberty is dependent on the Major General John Batiste and Major General Paul Eaton, liberty of every other nation. This was at once so Utopian and so both of whom commanded our troops in Iraq before they retired, aggressive that it shocked me. For others, the beginning of distance actually appeared personally in ads sponsored by a group of Iraq might have been Katrina and the incompetence it revealed, or the depth of the mishandling and misjudgments of Iraq. What I came in time to and Afghanistan veterans to criticize George W. Bush's mis­ believe is that the great shortcoming of this White House, the great management of the war. thing it is missing, is simple wisdom," end quote. Among many in the military, it is an unwritten code that general officers should not publicly disagree with the strategic And of course, that lack of wisdom, besides being tragic for decisions made by the commander-in-chief and his our country as a whole, results in deadly sacrifice from some of administration. Such outspoken public comments by high- our soldiers. The killing goes on because of that lack of wisdom, ranking members of the military are always controversial. because of that aggressive Bush arrogance of which Peggy Imagine how disgusted Batiste and Eaton must have been with Noonan writes. In 2007, the fifth year of this war, Americans the course of events in Iraq to go public. They are patriotic continue to die. Pennsylvanians continue to die. The following Americans who have devoted their entire adult lives to the two soldiers were our State's first two casualties of this calendar service of the'ir country in the Armed Forces. Imagine how year. worried they must be about the future of our nation, and Sergeant Thomas E. Vandling, Jr., 26, of Pittsburgh, died especially the future of our military. January 1, New Year's Day, as most of the nation was probably Batiste said this in his ad, quote, "You did not listen, Mr. peacefully watching college football bowl games. He died in President. You continue to pursue the failed strategy that is Baghdad of wounds suffered when an IED detonated near his breaking our great Army and Marine Corps. I left in protest in vehicle as he was on combat patrol. Sergeant Vandling was order to speak out. Mr. President, you have placed our nation in assigned to the 303rd Psychological Operations Company, a peril. My only hope is that Congress will act now to protect our subordinate unit of the U.S. Army Civil Affairs and fighting men and women." That is from a general in the United Psychological Operations Command. States Army. Sergeant 1st Class Keith A. Callahan, 31, of McClure, died Here is Eaton's statement in the ad, "President Bush says he January 24 of wounds suffered when an IED detonated while he listens to his military commanders. Well, Mr. President, I was was conducting a combat patrol south of Baghdad. Sergeant one of those commanders, and you weren't listening when we Callahan was assigned to the 2nd Battalion, 325th Airborne warned you of the dangers we'd face invading Iraq. Now our Infantry Regiment, 82nd Airborne Division. They are among the military is overcommitted, and America is less secure. Mr. 3,512 Americans killed in Iraq since the war began. Another President, you're being told we need serious diplomacy, not 25,830 have been wounded. escalation. And you're still not listening. If the President won't Thank you, Madam President. listen, Congress must." The PRESIDENT. I ask all Senators and staff to stand to As remarkable as those statements are coming from military observe a moment of silence for Sergeant Thomas E. Vandling, generals, here is something that makes them even more Jr., and Sergeant 1st Class Keith A. Callahan. noteworthy. They are not the least bit partisan. Batiste describes (Whereupon, the Senate en bloc stood in a moment of silence himself as a "die-hard Republican," and Eaton says that he voted in solemn respect to the memory of Sergeant THOMAS E. for George W. Bush for President. VANDLING, JR., and Sergeant 1st Class KEITH A. One footnote on the Batiste ad: after retiring from the Army, CALLAHAN.) he had been hired as a consultant to CBS News, but after he spoke out in the ad, CBS fired him. Yet, while it cost him ANNOUNCEMENTS BY THE SECRETARY financially, Batiste said he believes that because he was in a unique position of someone with high-level, first-hand The following announcements were read by the Secretary of knowledge of the situation in Iraq, that he had a responsibility to the Senate: speak his mind for the good of the country. 642 LEGISLATIVE JOURNAL — SENATE JUNE 12,

SENATE OF PENNSYLVANIA

COMMITTEE MEETINGS

WEDNESDAY, JUNE 13. 2007

9:30 A.M. FINANCE (to consider Senate Bills No. Room 461 97,375, 690 and 961) Main Capitol

10:00 A.M. PUBLIC HEALTH AND WELFARE (to Room 461 consider Senate Bill No. 968; and any Main Capitol other business that may come before the committee)

10:30 A.M. ENVIRONMENTAL RESOURCES AND Room 8E-A ENERGY (to consider Senate Bills No. East Wing 715 and 913)

10:45 A.M. APPROPRIATIONS (to consider House Room 461 Bill No. 1286) Main Capitol RECESS The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator Orie. Senator ORIE. Madam President, I move that the Senate do now recess until Wednesday, June 13,2007, at 11 a.m., Eastern Daylight Saving Time. The motion was agreed to by voice vote. The Senate recessed at 4:13 p.m., Eastern Daylight Saving Time.