^ie^mbdxbt journal COMMONWEALTH OF PENNSYLVANIA MONDAY, DECEMBER 12, SESSION OF TH OF THE GENERAL ASSEMBLY No.

Transcription

1 COMMONWEALTH OF PENNSYLVANIA ^ie^mbdxbt journal MONDAY, DECEMBER 12, 2005 SESSION OF TH OF THE GENERAL ASSEMBLY No. 74 SENATE MONDAY, December 12,2005 The Senate met at 2 p.m., Eastern Standard Time. The PRESIDENT (Lieutenant Catherine Baker Knoll) in the Chair. PRAYER The Chaplain, Reverend SAMUEL JAMES MUNDELL, of West Grove United Methodist Church, West Grove, offered the following prayer: Join me in prayer. God of Abraham, Isaac, and Jacob, Father of the Lord Jesus Christ, we come invoking Your presence. We ask Your blessings on this body as they establish just and right laws. To this end, we pray for each Senator, their families, and their staff. We lift up those who are sick or physically detained, that You may raise them up to good health and spirit. We pray for the officers as they guide and direct and mold the functions of the Senate. We pray for the work of this body. Give each Senator the grace to compromise, the unity of oneness, and the light of their political diversity. We pray for our State and its role and mission within the Union, which was founded on Judeo-Christian principles of life. May we never forsake our forefathers' ideals, but may we build upon them. We give thanks for this festive time of the year when people are free to celebrate their beliefs and continue their traditions of Hanukkah, Christmas, and Kwanzaa. Peace is of prime concern with these traditions, peace within the family, peace with each other, peace with one's self, and peace with God. In Thessalonians II, 3:16, it says, quote, "Now may the Lord of peace himself give you peace at all times and in every way. The Lord be with all of you." Father in heaven, this I ask and pray in the name of Jesus Christ, the Savior of the world. Amen. The PRESIDENT. The Chair thanks Reverend Mundell, who is the guest today of Senator Pileggi. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) JOURNAL APPROVED The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of December 7,2005. The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator BRIGHTBILL, and agreed to by voice vote, further reading was dispensed with and the Journal was approved. COMMUNICATION FROM THE GOVERNOR NOMINATION REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the of the Commonwealth, which was read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE MUNICIPAL POLICE EDUCATION AND TRAINING COMMISSION December 8, 2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Municipal Police Officers' Education and Training Commission, to serve for a term of three years and until her successor is appointed and qualified, vice Richard Herron, Woodlyn, resigned. GENERAL COMMUNICATION AUDITOR GENERAL'S CERTIFICATE The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: COMMONWEALTH OF PENNSYLVANIA Office of the Auditor General Harrisburg, PA The Honorable Robert C. Jubelirer President Pro Tempore PENNSYLVANIA SENATE 292 Main Capitol Building Harrisburg, Pennsylvania December 8, 2005

2 1080 LEGISLATIVE JOURNAL SENATE DECEMBER 12, Dear Senator Jubelirer: In accordance with the provisions of Article VIII, Section 7(a)(4) of the Constitution of the Commonwealth of Pennsylvania and Section 304 of the Capital Facilities Debt Enabling Act (Act 1 of 1999, as amended), I am providing you with the accompanying certification in connection with the general obligation bond sale of November 29, A duplicate original of the Auditor General's Certificate is enclosed. Sincerely, JACK WAGNER Auditor General AUDITOR GENERAL'S CERTIFICATE Pursuant to ARTICLE VIII, Section 7(a) (4) of the CONSTITUTION OF PENNSYLVANIA and Section 304 of the Capital Facilities Debt Enabling Act To The and The General Assembly: I, Jack Wagner, Auditor General of the Commonwealth of Pennsylvania, pursuant to Article VIII, (Section 7(a)(4) of the Constitution of the Commonwealth of Pennsylvania and Section 304 of the Capital Facilities Debt Enabling Act (Act 1 of 1999, as amended) certify as follows: The amount of outstanding net debt as of December 15, 2005 $ 6,023,849,290 The difference between the limitation upon all net debt outstanding as provided in Article VIII, Section 7(a)(4) of the Constitution of the Commonwealth of Pennsylvania and the amount of outstanding net debt as of December 15, 2005 $ 39,723,308,747 IN TESTIMONY WHEREOF, I have hereto set my hand and affixed the seal of the Auditor General, this 8th day of December JACK WAGNER Auditor General Commonwealth of Pennsylvania APPOINTMENT BY THE PRESIDENT PRO TEMPORE The PRESIDENT. The Chair wishes to announce the President pro tempore has made the following appointment: Mr. H. Lee Noble as a Commonwealth Trustee of the University of Pittsburgh. APPOINTMENTS BY THE MINORITY LEADER The PRESIDENT. The Chair wishes to announce the Minority Leader has made the following appointments: Senator John Wozniak as a member of the Small Business Policy Advisory Board. Senator Wayne Fontana as a member of the Small Business Policy Advisory Board. LEGISLATIVE LEAVES Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I ask for a legislative leave for Senator Punt, and a temporary Capitol leave for Senator Gordner. The PRESIDENT. Senator Brightbill requests a legislative leave for Senator Punt, and a temporary Capitol leave for Senator Gordner. Without objection, the leaves will be granted. SENATE CONCURRENT RESOLUTION WEEKLY RECESS Senator BRIGHTBILL offered the following resolution, which was read as follows: In the Senate, December 12, 2005 RESOLVED, (the House of Representatives concurring). Pursuant to Article II, Section 14 of the Pennsylvania Constitution, that when the Regular Session of the Senate recesses this week, it reconvene on Tuesday, January 3, 2006, unless sooner recalled by the President Pro Tempore of the Senate; and be it further RESOLVED, Pursuant to Article II, Section 14 of the Pennsylvania Constitution, that when the Regular Session of the Senate recesses the week of January 3rd, it reconvene on Monday, January 23,2006, unless sooner recalled by the President Pro Tempore of the Senate; and be it further RESOLVED, Pursuant to Article II, Section 14 of the Pennsylvania Constitution, that when the Regular Session of the House of Representatives recesses this week, it reconvene on Monday, December 19, 2005, unless sooner recalled by the Speaker of the House of Representatives; and be it further RESOLVED, Pursuant to Article II, Section 14 of the Pennsylvania Constitution, that when the Regular Session of the House of Representatives recesses the week of December 19th, it reconvene on Tuesday, January 3,2006, unless sooner recalled by the Speaker of the House of Representatives; and be it further RESOLVED, Pursuant to Article H, Section 14 of the Pennsylvania Constitution, that when the Regular Session of the House of Representatives recesses the week of January 3rd, it reconvene on Monday, January 23, 2006, unless sooner recalled by the Speaker of the House of Representatives On the question, Will the Senate adopt the resolution? The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz: Armstrong Boscola Brightbill Browne Conti Corman Costa Earll Erickson Ferlo Fontana Fumo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie YEA-50 Piccola Pileggi Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Tomlinson Vance Washington Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak

3 2005 LEGISLATIVE JOURNAL SENATE 1081 A majority of the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present the same to the House of Representatives for concurrence. PERMISSION TO ADDRESS Blair, Senator Jubelirer. The PRESIDENT pro tempore. Madam President, I rise to introduce a distinguished colleague. Madam President, for the last several months, Senator Madigan has been recuperating from open heart surgery, and today he returns. With his return, I anticipate a new meaning to "getting things done." I think Senator Madigan's presence here today is a harbinger of things to come. He looks great, and he sounds great. I had the privilege of presenting Senator Madigan at Troy High School as a distinguished alumnus of that high school just a short time ago, and today he is back with us. I think each and every one of us are delighted to see Roger back, and I just ask every one of my colleagues to welcome back a very special colleague, Senator Madigan. The PRESIDENT. Will all of our Senators please rise to welcome Senator Roger Madigan back. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator OPAKE. Madam President, as one who went through the same procedure in 1980,1 want to assure the gentleman that he has 25 more years with us here in the Senate. God bless him. SPECIAL ORDER OF BUSINESS GUEST OF SENATOR JOHN N. WOZNIAK PRESENTED TO THE SENATE Cambria, Senator Wozniak. Senator WOZNIAK. Madam President, it is my pleasure today to introduce to the Senate and people of Pennsylvania a young gentleman from Pakistan, Usama Khilji. That is not exactly how it is pronounced, but he told me even in his home country it is difficult to pronounce his name. He is a 16-year-old exchange student at West Branch Area High School, and he resides with his host family in Phillipsburg, Pennsylvania. He is very proud of his country, Pakistan. It is one of the fastest growing economies in the world. He came to the United States because he wanted to have the opportunity to come to a nation that he admires, and he wants to understand our democracy and our economics. He wants to become a politician, and he wants to be an economist to help turn his country's economy around. It is interesting to note, folks, that here in the cynical United States, where we see the negatives of our own country so often, it takes the eyes of a young manfroma foreign country, a nation that is our ally, a nation that is helpingfightterrorism, to see democracy and all the good things that are in this country. It is my pleasure to have this young student come to Pennsylvania to study. I hope he can leam a lot to take back to his home country, and I hope he becomes that statewide politician he wishes to be and the economist that helps turn his country around. I have one interesting note in a conversation I had with this young gentleman, that unlike Pennsylvania and the United States, there is an official language in Pakistan, and guess what it is? It is English. Ladies and gentlemen, a fine young man, a friend of the United States, a future leader of Pakistan, may I introduce to you Usama Khilji. The PRESIDENT. Will Usama Khilji please rise so we can give you a nice welcome. (Applause.) GUESTS OF SENATOR DOMINIC F. PILEGGI PRESENTED TO THE SENATE Chester, Senator Pileggi. Senator PILEGGI. Madam President, it is my pleasure this afternoon to introduce the Senate Chaplain for today, Reverend Jim Mundell of the West Grove United Methodist Church. Pastor Mundell grew up in Delaware County, and remained in southeastern Pennsylvania to earn a degree in mechanical engineering from Drexel University. From there he moved to Washington, D.C., to study at Wesley Seminary. Reverend Mundell worked for Southco, Incorporated, for 41 years as a manager in the engineering department, retiring in At the same time, for 20 years, he served as the pastor of the Hamorton United Methodist Church in Kennett Square in Chester County. He retired from that church in 1999, but remains active as the pastor of the West Grove United Methodist Church and the Jenner's Pond Retirement Community. Reverend Mundell is accompanied today by his wife, Betty, who is seated in the gallery, and I ask that we extend our traditional warm welcome to them. The PRESIDENT. Would Reverend Mundell and his wife, Betty, please rise so we can give you a nice welcome. (Applause.) Senator PILEGGI. Madam President, it is also my pleasure this afternoon to introduce Kseniya Belfatkina, a 16-year-old exchange studentfromrussia, who is currently attending Garnet Valley High School in Glen Mills, Pennsylvania. Kseniya, who is known to her friends as Susha, comes from the city of Magadan on the Pacific coast of Russia. This year she is completing her senior year in the United States. In herfreetime she enjoys listening to music, traveling, ice skating, and bowling. She intends to go to college at the State University in Russia, and she is participating this year in the Future Leaders Exchange program, also known as FLEX. This program provides an opportunity for studentsfromeurasia to live in a democratic society and promote democratic values and institutions upon their return to their home country. Susha currently lives with Ted and Jennifer Greenman, her American host family, and Susha and Jennifer Greenman are in the gallery today. I ask that we extend our traditional warm welcome to Miss Kseniya Balfetkina and her host, Jennifer Greenman. The PRESIDENT. Will Kseniya and her host, Jennifer Greenman, please rise so we can give you a nice round of applause. (Applause.)

4 1082 LEGISLATIVE JOURNAL SENATE DECEMBER 12, GUESTS OF SENATOR CONSTANCE H. WILLIAMS PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentlewoman from Montgomery, Senator Connie Williams. Senator C. WILLIAMS. Madam President, I had some guests here today who were beneficiaries of the silent auction item Visit the Capitol, which we donated to the Jewish Heritage organization. Unfortunately, they had to get back to Philadelphia, but it was a pleasure for me to have them with me today. He is an attorney and had three of his young staff members with him, a law student, a newly minted law student who had just passed the bar, another lawyer who is studying for the bar, and one who is in her third year of law school, so I had a pleasure of having them with me today. Thank you, Madam President. The PRESIDENT. Let us give a round of applause for Senator Connie Williams' guests who had to leave. (Applause.) GUESTS OF SENATOR ROBERT D. ROBBINS PRESENTED TO THE SENATE Mercer, Senator Robbins. Senator ROBBINS. Madam President, today I have the pleasure of introducing Casey Howsare and Bill Nelson, who are serving as guest Pages in the Senate. Casey and Bill, both seniors, attend Reynolds High School in Mercer County. Casey is a student council representative, and is a member of the boys' varsity baseball and basketball teams. He additionally is a member of the school jazz band, and is an active participant in the school's Raiders Against Drugs and peer mediation programs. Bill serves as a student council representative, and is a member of the school's varsity baseball and basketball teams. He is also a member of the school jazz band. Casey and Bill are accompanied here today by Casey's father, Larry Howsare, who is seated in the Senate gallery. Madam President and fellow Members, please join me in welcoming my special guests to the Senate of Pennsylvania. The PRESIDENT. Will Casey Howsare, Bill Nelson, and Casey's father, Larry, please rise so we can welcome you to the Pennsylvania Senate. (Applause.) RECESS Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I request a recess of the Senate for purposes of a meeting of Committee on Appropriations, to be followed by a meeting of the Committee on Labor and Industry, to be followed by a Republican caucus, and then to be followed by a meeting of the Committee on Rules and Executive Nominations. Lackawanna, Senator Mellow. Senator MELLOW. Madam President, I ask that the Democratic Members report to our caucus room immediately upon completion of the off-the-floor meetings that will be held shortly. The PRESIDENT. For purposes of meetings of the Committee on Appropriations and the Committee on Labor and Industry, Democratic and Republican caucuses in their respective areas, and then for a meeting of the Committee on Rules and Executive Nominations, without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. CALENDAR THIRD CONSIDERATION CALENDAR BILLS OVER IN ORDER HB 163, SB 170 and SB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. LEGISLATIVE LEAVE Allegheny, Senator Costa. Senator COSTA. Madam President, I request a legislative leave for Senator Anthony Williams. The PRESIDENT. Senator Costa requests a legislative leave for Senator Anthony Williams. Without objection, the leave will be granted. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR RESUMED BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 811 (Pr. No. 1234) - The Senate proceeded to consideration of the bill, entitled: An Act amending the act of August 31, 1971 (P.L.398, No.96), known as the County Pension Law, further providing for transfers between certain classes and for additional class options. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Boscola Greenleaf Hughes YEA-50 Piccola Pileggi Tomlinson Vance

5 2005 LEGISLATIVE JOURNAL SENATE 1083 Brightbill Browne Conti Corman Costa Earll Erickson Ferlo Fontana Fumo Gordner Jubelirer Kasunic Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Washington Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Gordner has returned, and his temporary Capitol leave is cancelled. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR RESUMED BILLS OVER IN ORDER SB 856, HB 894, HB 1686 and HB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. SECOND CONSIDERATION CALENDAR BILLS OVER IN ORDER HB 87 and HB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILL ON SECOND CONSIDERATION SB 656 (Pr. No. 1405) ~ The Senate proceeded to consideration of the bill, entitled: An Act providing for dispute resolution procedures relating to residential construction defects between contractors and homeowners or members of associations. Considered the second time and agreed to. Ordered, To be printed on the Calendar for third consideration. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL. BILL OVER IN ORDER TEMPORARILY SB 770 ~ Without objection, the bill was passed over in its order temporarily at the request of Senator BRIGHTBILL. BILL REREFERRED SB 936 (Pr. No. 1409) - The Senate proceeded to consideration of the bill, entitled: An Act amending the act of July 9, 1990 (P.L.340, No.78), known as the Public Safely Emergency Telephone Act, providing for interconnected Voice over Internet Protocol service; and establishing the VoIP 911 Emergency Services Fund. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL ON SECOND CONSIDERATION AND REREFERRED HB 2041 (Pr. No. 3284) - The Senate proceeded to consideration of the bill, entitled: An Act amending the act of March 20, 2002 (P.L.I54, No. 13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, further providing for the Patient Safety Authority; establishing the Health Care Provider Retention Program and the Health Care Provider Retention Account; and repealing provisions relating to the Health Care Provider Retention Program and the Health Care Provider Retention Account in the Public Welfare Code. Considered the second time and agreed to, Ordered, To be printed for third consideration. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. SB 770 CALLED UP SB 770 (Pr. No. 1408) ~ Without objection, the bill, which previously went over in its order temporarily, was called up, from page 3 of the Second Consideration Calendar, by Senator BRIGHTBILL. BILL AMENDED SB 770 (Pr. No. 1408) - The Senate proceeded to consideration of the bill, entitled: An Act amending the act of December 16,1999 (P.L.971, No.69), known as the Electronic Transactions Act, providing for the definition of "United States Postal Service Electronic Postmark" and for electronic postmark. On the question, Will the Senate agree to the bill on second consideration? Senator COSTA, on behalf of Senator C. WILLIAMS, offered the following amendment No. A5090:

6 1084 LEGISLATIVE JOURNAL SENATE DECEMBER 12, Amend Sec. 2 (Sec. 504), page 2, line 13, by striking out "state" and inserting: governmental On the question, Will the Senate agree to the amendment? It was agreed to. On the question, Will the Senate agree to the bill on second consideration, as amended? It was agreed to. Ordered, To be printed on the Calendar for third consideration. UNFINISHED BUSINESS BILLS REPORTED FROM COMMITTEE Senator THOMPSON, from the Committee on Appropriations, reported the following bills: SB 398 (Pr. No. 1404) (Rereported) An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, further providing for life insurance. SB 437 (Pr. No. 1306) (Rereported) An Act amending the act of June 28, 1935 (P.L.477, No. 193), referred to as the Enforcement Officer Disability Benefits Law, extending benefits to corrections employees; and making an editorial change. HB 603 (Pr. No. 676) (Rereported) An Act amending Title 71 (State Government) of the Pennsylvania Consolidated Statutes,fiirtherdefining "enforcement officer" to include certain Pennsylvania Game Commission employees. SENATE RESOLUTION ADOPTED Senator ORIE, by unanimous consent, offered the following condolence resolution. The resolution was read as follows: Whereas, The Senate of Pennsylvania mourns the loss of Sergeant First Class Brent Adams, a member of Headquarters Company, 28th Infantry Division (Mechanized), 2nd Brigade Combat Team, of the United States Army who made the greatest of all sacrifices when he was killed in the line of duty at the age of forty on December 1, On the question, Will the Senate agree to the resolution? The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator Orie. Senator ORIE. Madam President, it is with great sadness that I ask the Senate to adopt this resolution. On December 1, 2005, Sergeant First Class Brent Adams, a member of the Pennsylvania National Guard, a husband, father, and son, was killed in the line of duty in a roadside bombing in Iraq. Sergeant Adams was a Pennsylvania native raised in Lancaster County, later living with his family in Pittsburgh and West View Borough. He graduated from Indiana University of Pennsylvania in 1995 and was employed in the Pittsburgh area before being deployed first to Kuwait earlier this year, and then to Iraq. I know that we all offer our deepest sympathy to Sergeant Adams' wife, children, mother and father, and his entire family, and we are all inspired by his courage, knowing that he will be remembered as having exemplified the best of this human experience. At this point in time, I ask that my colleagues adopt this condolence resolution. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. RECESS Dauphin, Senator Piccola. Senator PICCOLA. Madam President, at this time I ask for a recess of the Senate for a meeting of the Committee on Rules and Executive Nominations in the Rules room. The PRESIDENT. For the purpose of a meeting of the Committee on Rules and Executive Nominations in the Rules room, without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. BILL REPORTED FROM COMMITTEE Senator BRIGHTBILL, from the Committee on Rules and Executive Nominations, reported the following bill: SB 712 (Pr. No. 1410) (Rereported) (Concurrence) An Act providing for the notification of residents whose personal information data was or may have been disclosed due to a security system breach; and imposing penalties. COMMUNICATIONS FROM THE GOVERNOR REPORTED FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator ROBBINS, from the Committee on Rules and Executive Nominations, reported communications from His Excellency, the of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows: MEMBER OF THE ADAMS COUNTY In accordance with the power and authority vested in me as October 4,2005, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District,

7 2005 LEGISLATIVE JOURNAL SENATE 1085 for appointment as a member of the Adams County Board of Assistance, to serve until December 31, 2005, and until his successor is appointed and qualified, vice Sharon Price, Gettysburg, deceased. MEMBER OF THE ALLEGHENY COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Allegheny County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Paul Stackhouse, Pittsburgh, deceased. MEMBER OF THE BEAVER COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Beaver County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice Allen Andrascik, Beaver Falls, resigned. MEMBER OF THE BEDFORD COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Bedford County Board of Assistance, to serve until December 31,2005, and until his successor is appointed and qualified, vice Larry Garlock, Everett, resigned. MEMBER OF THE BLAIR COUNTY In accordance with the power and authority vested in me as July 8, 2005, for the appointment of BJ. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Blair County Board of Assistance, to serve until December 31, 2005, and until his successor is appointed and qualified, vice Kathie Richardson, Hollidaysburg, resigned. MEMBER OF THE BLAIR COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Blair County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice George C. Kelchner, Hollidaysburg, resigned. MEMBER OF THE BRADFORD COUNTY In accordance with the power and authority vested in me as July 8,2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Bradford County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice William E. Krause, Canton, resigned.

8 1086 LEGISLATIVE JOURNAL SENATE DECEMBER 12, MEMBER OF THE BRADFORD COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Bradford County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice John Brenchley, Canton, resigned. MEMBER OF THE BUTLER COUNTY In accordance with the power and authority vested in me as July 18, 2005, for the appointment of BJ. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Butler County Board of Assistance, to serve until December 31,2006, and until his successor is appointed and qualified, vice Joseph Macurak, Chicora, resigned. MEMBER OF THE CARBON COUNTY In accordance with the power and authority vested in me as September 9,2005, for the appointment of B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Carbon County Board of Assistance, to serve until December 31,2005, and until his successor is appointed and qualified, vice Marsha M. Macalush, Nesquehoning, resigned. MEMBER OF THE CENTRE COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Centre County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice Robert Shepherd, Pennsylvania Furnace, resigned. MEMBER OF THE CENTRE COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Centre County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Paul Houck, State College, deceased. MEMBER OF THE CHESTER COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Chester County Board of Assistance, to serve until December 31, 2006, and until his successor is appointed and qualified, vice Caroline A. Novak, declined appointment. MEMBER OF THE CHESTER COUNTY

9 2005 LEGISLATIVE JOURNAL SENATE 1087 In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Chester County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Rose Middleton, Thomdale, resigned. MEMBER OF THE CLARION COUNTY In accordance with the power and authority vested in me as July 18,2005, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Clarion County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Dorothy Ostrander, Lebanon, resigned. MEMBER OF THE DELAWARE COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Stephanie Moore, 40 Red Barbeny Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Delaware County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice Mary Ellen Balchunis-Harris, Ph.D., Drexel Hill, resigned. MEMBER OF THE ELK COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Elk County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice Burton Shaver, Ridgway, resigned. MEMBER OF THE ELK COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Elk County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Charles W Constable, Johnsonburg, resigned. MEMBER OF THE ELK COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Elk County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Rose Heindl, Ridgway, resigned. MEMBER OF THE FAYETTE COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial Dis-

10 1088 LEGISLATIVE JOURNAL SENATE DECEMBER 12, trict, for appointment as a member of the Fayette County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice Reverend DewVaul W. Tracy, Jr., Lake Lynn, resigned. MEMBER OF THE FOREST COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Forest County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice Clyde Holmes, Tionesta, resigned. MEMBER OF THE FRANKLIN COUNTY In accordance with the power and authority vested in me as July 21, 2005, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Franklin County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice Marie Baughman, Shippensburg, resigned. MEMBER OF THE FRANKLIN COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Franklin County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice Charles W. Frame, III, Waynesboro, resigned. MEMBER OF THE GREENE COUNTY In accordance with the power and authority vested in me as July 21, 2005, for the appointment of BJ. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Greene County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice William Thomas, Waynesburg, resigned. MEMBER OF THE JUNIATA COUNTY In accordance with the power and authority vested in me as July 18, 2005, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Juniata County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice Willis E. Kauffinan, Mifflintown, resigned. MEMBER OF THE JUNIATA COUNTY In accordance with the power and authority vested in me as July 18, 2005, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Juniata County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Esther E. Rhine, Mifflintown, resigned.

11 2005 LEGISLATIVE JOURNAL SENATE 1089 MEMBER OF THE JUNIATA COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Juniata County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Carlen D. McClure, Port Royal, resigned. MEMBER OF THE JUNIATA COUNTY In accordance with the power and authority vested in me as July 18,2005, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Juniata County Board of Assistance, to serve until December 31,2007, and until her successor is appointed and qualified, vice Fred N. Noble, Honey Grove, resigned. MEMBER OF THE LEBANON COUNTY In accordance with the power and authority vested in me as July 18, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Lebanon County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice Joyce Dissinger, Lebanon, resigned. MEMBER OF THE LEHIGH COUNTY In accordance with the power and authority vested in me as August 8, 2005, for the appointment of BJ. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Lehigh County Board of Assistance, to serve until December 31,2005, and until his successor is appointed and qualified, vice Wendy Engler Shade, Allentown, resigned. MEMBER OF THE LYCOMING COUNTY In accordance with the power and authority vested in me as July 21, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Lycoming County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice John Losch, Montoursville, deceased. MEMBER OF THE MCKEAN COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the McKean County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice Marcia Shuman, Rixford, resigned.

12 1090 LEGISLATIVE JOURNAL SENATE DECEMBER 12, MEMBER OF THE MCKEAN COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the McKean County Board of Assistance, to serve until December 31,2007, and until his successor is appointed and qualified, vice Shirley Reed, Eldred, resigned. MEMBER OF THE MCKEAN COUNTY In accordance with the power and authority vested in me as October 4, 2005, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the McKean County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice Vincent Goodrich, Bradford, resigned. MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of BJ. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Mercer County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice Janet McDougall, Grove City, resigned. MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Mercer County Board of Assistance, to serve until December 31, 2006, and until his successor is appointed and qualified, vice Michael Reichart, Sharpsville, deceased. MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Stephanie Moore, 40 Red Barbeny Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Mercer County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice David Immonen, Greenville, resigned. MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Mercer County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice Walter Matthews, Sharon, resigned. MEMBER OF THE NORTHUMBERLAND COUNTY In accordance with the power and authority vested in me as September 2, 2005, for the appointment of Stephanie Moore, 40 Red

13 2005 LEGISLATIVE JOURNAL SENATE 1091 Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Northumberland County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice Allen Dexter Kunkel, Northumberland, resigned. MEMBER OF THE PHILADELPHIA COUNTY In accordance with the power and authority vested in me as September 9,2005, for the appointment of B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Philadelphia County Board of Assistance, to serve until December 31, 2005, and until his successor is appointed and qualified, vice Lee Roy Harper, Philadelphia, resigned. MEMBER OF THE PHILADELPHIA COUNTY In accordance with the power and authority vested in me as July 12, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Philadelphia County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Earl Ross, Philadelphia, resigned. MEMBER OF THE PIKE COUNTY In accordance with the power and authority vested in me as August 30, 2005, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Pike County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Helen Gassmann, Matamoras, resigned. MEMBER OF THE POTTER COUNTY In accordance with the power and authority vested in me as October 4,2005, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Potter County Board of Assistance, to serve until December 31,2006, and until her successor is appointed and qualified, vice William Schweigart, Genesee, deceased. MEMBER OF THE POTTER COUNTY In accordance with the power and authority vested in me as October 4, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Potter County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Raymond Forsythe, Coudersport, resigned. MEMBER OF THE POTTER COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Potter County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice William Stavisky, Shinglehouse, resigned.

14 1092 LEGISLATIVE JOURNAL SENATE DECEMBER 12, MEMBER OF THE SCHUYLKILL COUNTY In accordance with the power and authority vested in me as July 8, 2005, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Schuylkill County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice Robert J. Bozylinski, Lost Creek, resigned. MEMBER OF THE SCHUYLKILL COUNTY In accordance with the power and authority vested in me as July 8,2005, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Schuylkill County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice John C. Phillips, Pottsville, resigned. MEMBER OF THE SNYDER COUNTY In accordance with the power and authority vested in me as July 12,2005, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Snyder County Board of Assistance, to serve until December 31,2007, and until her successor is appointed and qualified, vice Ann Bergstresser, Selinsgrove, deceased. MEMBER OF THE SULLIVAN COUNTY In accordance with the power and authority vested in me as October 4,2005, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Sullivan County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice John Potuck, Dushore, deceased. MEMBER OF THE SUSQUEHANNA COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Susquehanna County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice Nancy Ross, Uniondale, resigned. MEMBER OF THE UNION COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Union County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice W Earl Dieffenderfer, Lewisburg, resigned.

15 2005 LEGISLATIVE JOURNAL SENATE 1093 MEMBER OF THE VENANGO COUNTY In accordance with the power and authority vested in me as September 8, 2005, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Venango County Board of Assistance, to serve until December 31,2006, and until his successor is appointed and qualified, vice Evelyn McLaughlin, Oil City, resigned. MEMBER OF THE WASHINGTON COUNTY In accordance with the power and authority vested in me as July 28, 2005, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Washington County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice Arthur M. Wilson, Amity, resigned. MEMBER OF THE WAYNE COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Wayne County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice Donn T. Shepard, Honesdale, resigned. MEMBER OF THE YORK COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the York County Board of Assistance, to serve until December 31, 2005, and until his successor is appointed and qualified, vice David Hawk, M.D., York, resigned. MEMBER OF THE YORK COUNTY In accordance with the power and authority vested in me as September 9, 2005, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the York County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice Virginia Hawkins, York, resigned. NOMINATIONS RETURNED TO THE GOVERNOR Senator ROBBINS. Madam President, I move that the nominations just read by the Clerk be returned to His Excellency, the. A voice vote having been taken, the question was determined in the affirmative. The PRESIDENT. The nominations will be returned to the. REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator ROBBINS, from the Committee on Rules and Executive Nominations, reported the following nominations made by His Excellency, the of the Commonwealth, which were read by the Clerk as follows: MEMBER OF THE CONSTABLES' EDUCATION AND TRAINING BOARD October 17, 2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Honorable Julie Sokoloff, 217 East Athens Avenue, Ardmore 19003, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Constables' Education and Training Board, to serve for a term of three years and

16 1094 LEGISLATIVE JOURNAL SENATE DECEMBER 12, until her successor is appointed and qualified, vice The Honorable John S. Anderson, Pittston, whose term expired. MEMBER OF THE BOARD OF TRUSTEES OF EBENSBURG CENTER August 30,2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Alice Zemba, P.O. Box 29, Black Lick 15716, Indiana County, Forty-first Senatorial District, for reappointment as a member of the Board of Trustees of Ebensburg Center, to serve until the third Tuesday of January 2011, and until her successor is appointed and qualified. MAGISTERIAL DISTRICT JUDGE November 22, 2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Duane Quinn, 509 Stonehouse Road, Clarion 16214, Clarion County, Twenty-first Senatorial District, for appointment as Magisterial District Judge, in and for the County of Clarion, Magisterial District , to serve until the first Monday of January 2006, vice Anthony A. Lapinto, deceased. NOMINATIONS LAID ON THE TABLE Senator ROBBINS. Madam President, I request that the nominations just read by the Clerk be laid on the table. The PRESIDENT. The nominations will be laid on the table. EXECUTIVE NOMINATIONS EXECUTIVE SESSION Motion was made by Senator ROBBINS, That the Senate do now resolve itself into Executive Session for the purpose of considering certain nominations made by the. Which was agreed to by voice vote. NOMINATIONS TAKEN FROM THE TABLE MEMBER OF THE CONSTABLES' EDUCATION AND TRAINING BOARD October 17, 2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Honorable Julie Sokoloff, 217 East Athens Avenue, Ardmore 19003, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Constables' Education and Training Board, to serve for a term of three years and until her successor is appointed and qualified, vice The Honorable John S. Anderson, Pittston, whose term expired. MEMBER OF THE BOARD OF TRUSTEES OF EBENSBURG CENTER August 30, 2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Alice Zemba, P.O. Box 29, Black Lick 15716, Indiana County, Forty-first Senatorial District, for reappointment as a member of the Board of Trustees of Ebensburg Center, to serve until the third Tuesday of January 2011, and until her successor is appointed and qualified. MAGISTERIAL DISTRICT JUDGE November 22, 2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Duane Quinn, 509 Stonehouse Road, Clarion 16214, Clarion County, Twenty-first Senatorial District, for appointment as Magisterial District Judge, in and for the County of Clarion, Magisterial District , to serve until thefirstmonday of January 2006, vice Anthony A. Lapinto, deceased. On the question, Will the Senate advise and consent to the nominations? The yeas and nays were required by Senator ROBBINS and were as follows, viz: Senator ROBBINS. Madam President, I call from the table certain nominations and ask for their consideration. The Clerk read the nominations as follows: Armstrong Boscola Brightbill Browne Greenleaf Hughes Jubelirer Kasunic YEA.50 Piccola Pileggi Pippy Punt Tomlinson Vance Washington Waugh

17 2005 LEGISLATIVE JOURNAL SENATE 1095 Conti Corman Costa Earll Erickson Ferlo Fontana Fumo Gordner Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie Rafferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A constitutional majority of all the Senators having voted "aye," the question was determined in the aflbrmative. Ordered, That the be informed accordingly. EXECUTIVE SESSION RISES Senator ROBBINS. Madam President, I move that the Executive Session do now rise. The motion was agreed to by voice vote. DISCHARGE PETITIONS The PRESIDENT laid before the Senate the following communications, which were read by the Clerk as follows: A PETITION December 12,2005 To place before the Senate the nomination of Robert A. Rovner, Esquire as a Commonwealth Trustee of Temple University. TO: The Presiding Officer of the Senate: WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Robert A. Rovner, Esquire, Bryn Mawr, Pennsylvania, as a Commonwealth Trustee of Temple University, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert D. Robbins David J. Brightbill Jeffrey E. Piccola Noah W. Wenger Robert C. Jubelirer A PETITION December 12,2005 To place before the Senate the nomination of Leonard L. Lichvar as a member of the Pennsylvania Fish and Boat Commission. TO: The Presiding Officer of the Senate: WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Leonard L. Lichvar, Stoystown, Pennsylvania, as a member of the Pennsylvania Fish and Boat Commission, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert D. Robbins David J. Brightbill Jeffrey E. Piccola Noah W. Wenger Robert C. Jubelirer A PETITION December 12,2005 To place before the Senate the nomination of David E. Zazworsky, P.E. as a member of the Board of Trustees of The Pennsylvania State University. TO: The Presiding Officer of the Senate: WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of David E. Zazworsky, RE. State College, Pennsylvania, as a member of the Board of Trustees of The Pennsylvania State University, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert D. Robbins David J. Brightbill Jeffrey E. Piccola Noah W Wenger Robert C. Jubelirer The PRESIDENT. The communications will be laid on the table. PETITIONS AND REMONSTRANCES Allegheny, Senator Costa. Senator COSTA. Madam President, last week here in this Senate Chamber, we had a number of very extensive and enlightening discussions about a very important issue in Pennsylvania, the minimum wage issue. My colleagues, Senator Vincent Hughes and Senator Anthony Williams from Philadelphia, along with the Majority Leader, Senator Brightbill, had very engaging and enlightening discussions about that important issue. So, Madam President, I rise today to ask if the Majority Leader would stand for interrogation relative to that issue. The PRESIDENT. Senator Brightbill? Senator BRIGHTBILL. Yes, Madam President, I am always happy to stand for interrogation. The PRESIDENT. Senator Brightbill indicates he will. Senator COSTA. Madam President, I rise today to ask the Majority Leader whether or not it is his intention at any time in the near future to move legislation, more specifically Senate Bill No. 926, the minimum wage legislation offered and introduced by Senator Tartaglione, and are there any plans on moving that legislation forward anytime soon? Senator BRIGHTBILL. Madam President, I have been informed by Senator Scamati, who is the chairman of the committee, that in the weeks when we come back, which would be the week of January 23 and the week of January 30, he would bring a bill to the floor that would deal with the issue of minimum wage, particularly an act amending the act of January 17, Whether it would be specifically Senate Bill No. 926 or another bill is to be determined by Senator Scamati as the chairman of the committee. It is his commitment, and therefore our Caucus' commitment, that we will deal with this issue by the end of January. Senator COSTA. Madam President, I would like to thank the Majority Leader for listening to the input of some of the Mem-

18 1096 LEGISLATIVE JOURNAL SENATE DECEMBER 12, bers on this particular issue, and we thank him for the commitment of moving some form of legislation in the near future. Thank you, Madam President. Philadelphia, Senator Hughes. Senator HUGHES. Madam President, I just want to stand here and confirm the dialogue that has just occurred between Senator Costa and the Majority Leader, that, in fact, when we return in January, I believe we are scheduled to be back here the week of January 23, I think that is the correct date, that the Majority Leader and the Majority will grant and provide an opportunity for us to vote on the issue of the minimum wage in accordance with, if I am reading here correctly, the Minimum Wage Act of think that is what the conversation was with the Majority Leader and myself a few moments ago. Am I stating that correctly, Mr. Majority Leader? Senator BRIGHTBILL. Madam President, I think I have spoken on this subject on the interrogation from Senator Costa, and I cannot think of words enough to expand on that commitment that I made. It is now a matter of public record. Senator HUGHES. Okay, I was just confirming that, Mr. Majority Leader. Thank you very much. Thank you very much, Madam President. I have no more to say on the matter. The PRESIDENT. The Chair recognizes the gentlewoman from Philadelphia, Senator Kitchen. Senator KITCHEN. Madam President, just last month this body approved a proposal that would supplement the Low Income Home Energy Assistance Program with up to $25 million in State fimds. Pennsylvania has been the only cold-weather State that has not taken this step to shore up LIHEAP. With passage of House Bill No. 1539, the State could direct up to 1 mill of the utility gross receipts tax to a special account for energy assistance. Right now there are county assistance offices reporting that they are processing two to three times as many LIHEAP applications this year. The demand is there for expanding the program, and the time for action is now. Even as Pennsylvanians crowd assistance offices to apply for LIHEAP, the Federal government has cut funding for this program. Last year the Federal government provided $145 million for LIHEAP in Pennsylvania. This year, the Bush budget request appropriated $9.2 million less for Pennsylvania, even though energy prices are significantly higher this year. The Center on Budget and Policy Priorities estimates that Pennsylvania will need an additional $168 million just to help those Pennsylvania families and seniors who received LIHEAP last winter. We cannot wait for Washington to bail Pennsylvania out of the LIHEAP crisis. The increased demand for heating assistance by low and moderate income families has been driven by skyrocketing fuel prices and tougher winter shutoffs. High energy prices are affecting everyone this winter, rich and poor, urban and rural, eastern and western Pennsylvania. In October, the Philadelphia Gas Works, which serves city gas customers, hiked its rates 29 percent. On November 29, PECO, which provides gas to suburban Philadelphia customers, announced a 26-percent rate hike. This means the average customer will spend $50 to $100 more each month to heat his home. Homeowners who use oil can expect a 23-percent increase in their heating costs. According to the Energy Information Institute, heating a home with oil is expected to cost $1,454 this winter. Higher energy prices will force some families to choose between heating or eating during the cold winter months. We have the power to save impoverished families and seniors from making this impossible choice. Therefore, I am calling on my colleagues in the House to take up House Bill No without delay and send it to the 's desk now. The time for action is now. We cannot wait for Washington. We have the power to save lives, but we cannot wait another Session day. Thank you, Madam President. COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE STATE BOARD OF LANDSCAPE ARCHITECTS December 12,2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the State Board of Landscape Architects, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Daniel Dahlkemper, Erie, whose term expired. MEMBER OF THE TIOGA COUNTY December 12, 2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Tioga County Board of Assistance, to serve until December 31, 2005, and until his successor is appointed and qualified, vice Virginia Serine, Mansfield, resigned. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate:

19 2005 LEGISLATIVE JOURNAL SENATE 1097 SENATE OF PENNSYLVANIA COMMITTEE MEETINGS TUESDAY, DECEMBER 13,2005 9:30 A.M. ENVIRONMENTAL RESOURCES AND Room8E-A ENERGY and TRANSPORTATION East Wing (joint public hearing on Clean Vehicle Emission Standards) 10:00 A.M. FINANCE (to consider Senate Bills Room 461 No. 292, 592 and 993; and House Main Capitol Bills No. 459 and 1427) 10:30 A.M. PUBLIC HEALTH AND WELFARE Room8E-B (to consider Senate Bills No. 255 and East Wing 819; and House Bill No. 801) 11:00 A.M. STATE GOVERNMENT (to consider Rules Com. Senate Bill No. 977; and House Bill Conf. Rm. No. 1318) 11:30 A.M. JUDICIARY (public hearing and Room 8E-B committee meeting to consider the East Wing nomination of Dwayne D. Woodruff, Esq. for Judge, Court of Common Pleas, Allegheny Co.; to consider Senate Bills No. 553, 772,935 and 957; and House Bills No. 456,477, 750 and 1704) 12:00 Noon GAME AND FISHERIES (to consider Rules Com. House Bill No. 1504; and any other Conf. Rm. business that may come before the Committee) WEDNESDAY, DECEMBER 14, :00 A.M. LOCAL GOVERNMENT (to consider Room 461 Senate Bills No. 928 and 986; House Main Capitol Bill No. 893; and any other business that may come before the Committee) CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Congratulations of the Senate were extended to Barry F. Frey by Senator Armstrong. Congratulations of the Senate were extended to John Hoogerwerff by Senators Armstrong, Brightbill, and Wenger. Congratulations of the Senate were extended to James B. Thrash by Senator Boscola. Congratulations of the Senate were extended to Douglas Robert Cheyney and to the Honorable Harold McQuate by Senator Brightbill. Congratulations of the Senate were extended to N. James Sterner and to the Honorable Linda J. Sterner by Senators Browne and Boscola. Congratulations of the Senate were extended to Mr. and Mrs. James R. Teats, Bartholomew Robert Beck, Nicholas David Montgomery and to Andrew E. Miller by Senator Corman. Congratulations of the Senate were extended to Rick Cooney by Senator Earll. Congratulations of the Senate were extended to Michael Samschick by Senator Fumo. Congratulations of the Senate were extended to Mr. and Mrs. David W. Knarr by Senator Gordner. Congratulations of the Senate were extended to Frederick Vincent Hencken by Senator Greenleaf. Congratulations of the Senate were extended to Mr. and Mrs. Max W. Moyer by Senator Jubelirer. Congratulations of the Senate were extended to Joseph R. Hrezo by Senator Kasunic. Congratulations of the Senate were extended to the Philadelphia Juneteenth Coalition by Senator Kitchen. Congratulations of the Senate were extended to the Honorable Andrew J. Benyo, Jr., by Senator Musto. Congratulations of the Senate were extended to Central Dauphin High School of Harrisburg by Senator Piccola. Congratulations of the Senate were extended to Tyler LaBuz by Senator Rhoades. Congratulations of the Senate were extended to Reverend Leo J. Gallina, Holly Heatherdale and to OSRAM-Sylvania of St. Marys by Senator Scamati. Congratulations of the Senate were extended to the Lower Bucks County Chapter of the American Red Cross by Senator Tomlinson. Congratulations of the Senate were extended to Mr. and Mrs. Charles Wiser and to Todd Matthew Rajchel by Senator Vance. Congratulations of the Senate were extended to James D. Slaugh, Jr., by Senator Waugh. Congratulations of the Senate were extended to Mr. and Mrs. Kenneth D. Tarter by Senator D. White. Congratulations of the Senate were extended to Norman W. Bean by Senator Wozniak. RECESS Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I move that the Senate do now recess until Tuesday, December 13, 2005, at 1 p.m., Eastern Standard Time. The motion was agreed to by voice vote. The Senate recessed at 7:47 p.m., Eastern Standard Time.