ELejzLathii M rnwnat COMMONWEALTH OF PENNSYLVANIA MONDAY, APRIL 11, SESSION OF TH OF THE GENERAL ASSEMBLY No.

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1 COMMONWEALTH OF PENNSYLVANIA ELejzLathii M rnwnat MONDAY, APRIL 11, 2011 SESSION OF TH OF THE GENERAL ASSEMBLY No. 21 SENATE MONDAY, April 11, 2011 The Senate met at 1 p.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Governor Jim Cawley) in the Chair. PRAYER The Chaplain, Reverend LIN SMALEC, Pastor of Salem Church, Waynesboro, offered the following prayer: It is an honor to be here today. Let us pray. Almighty God, creator of all, as the season of spring brings refreshment and renewal to our world and to our lives, we take this moment to remember Your grace and provision for us. We thank You for this time and place in which You have placed us, for the beauty of our land, and for the work to which You have called us. We thank You for our country, Lord, and we remember and give You grateful thanks for the priceless blessings of liberty that, with Your help, were won for us by our ancestors. Stir up within us, we pray, a new appreciation of the life, liberty, and pursuit of happiness we enjoy in this land of the free. Let us never take for granted the abundant blessings we enjoy. Teach us that the enjoyment of freedom brings with it the responsibility to serve. To that end, we thank You, Lord, for these, Your servants, who have been elected to serve as Senators for the Commonwealth of Pennsylvania, for their staff members, and all those who work for the Pennsylvania State government. Thank you for their willingness to serve, often away from their homes, families, and friends. We pray that You give these men and women wisdom and faithfulness in their positions of leadership, as they fulfill the duties set before them. Preserve them from becoming the prey of selfish pressure groups, and give them willingness to serve the interests of the public. Guide them in their deliberations, today and every day, that all they do may serve the common good of our State. Lead these, Your servants, with Your wisdom; direct them with Your patience; and protect them with Your power. Give them compassion and love, for those who are struggling and in need, and make them aware of their great responsibility to the people of Pennsylvania and their even greater responsibility to You. And help them, Lord, to deal with one another with civility and respect, no matter what their differences of opinion or political party. May these Senators be an example to us all of gracious and wise leadership. And finally, Lord God, we pray that You will grant enduring peace and renewed prosperity to our country and protect all those who serve in the military, both at home and overseas. 0 loving God, bless our country, bless our government, bless our people, and make our nation a blessing to all the world. I lift up these prayers in the name of the One I am called to serve, Jesus, the Christ. Amen. The PRESIDENT. The Chair thanks Reverend Smalec, who is the guest today of Senator Alloway. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) COMMUNICATION FROM THE GOVERNOR NOMINATION REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the Governor of the Commonwealth, which was read as follows and referred to the Committee on Rules and Executive Nominations: SHERIFF, MONTGOMERY COUNTY To the Honorable, the Senate of the Commonwealth of Pennsylvania: April 6, 2011 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Eileen Whalon Behr, 4035 LaFrance Road, Lafayette Hill 19444, Montgomery County, Seventh Senatorial District, for appointment as Sheriff, in and for the County of Montgomery, to serve until the first Monday of January 2012, vice The Honorable John P. Durante, deceased. TOM CORBE11 Governor HOUSE MESSAGES HOUSE BILLS FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committees indicated: April 8, 2011 HB 66 and Committee on Transportation. HB 162,317 and Committee on Judiciary. HB Committee on Consumer Protection and Professional Licensure.

2 276 LEGISLATIVE JOURNAL - SENATE APRIL 11, HB Committee on Veterans Affairs and Emergency Preparedness. HB Committee on State Government. BILLS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk: April Senators CORMAN, TOMLINSON, SCARNATI, PILEGGI, ARGALL, BAKER, BOSCOLA, BROWNE, BRUBAKER, COSTA, EARLL, EICHELBERGER, ERICKSON, FOLMER, FONTANA, KASUNIC, KITCHEN, MENSCH, ORIE, PICCOLA, PIPPY, RAFFERTY, ROBBINS, SOLOBAY, TARTAGLIONE, VANCE, VOGEL, WARD, WAUGH, D. WHITE, M. WHITE, WILLIAMS, YAW, GORDNER, ALLOWAY, GREENLEAF, SCHWANK, LEACH and FARNESE presented to the Chair SB 932, entitled: An Act amending the act of December 4, 1996 (P.L.9 11, No.] 47), known as the Telemarketer Registration Act, further providing for duration of a listing. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, April 7, Senators ARGALL, ERICKSON, FONTANA, D. WHITE, RAFFERTY, PIPPY, BRUBAKER, TOMLINSON, MENSCH, BREWSTER, FARNESE, WARD and BOSCOLA presented to the Chair SB 952, entitled: A Joint Resolution proposing separate and distinct amendments to the Constitution of the Commonwealth of Pennsylvania, in the legislature, further providing for terms of members for legislative districts. Which was committed to the Committee on STATE GOV- ERNMENT, April 7, April 8, 2011 Senators WASHINGTON, ARGALL, COSTA, FERLO, BREWSTER, HUGHES, KITCHEN, SOLOBAY, STACK, WILLIAMS, WOZNIAK, YUDICHAK and FARNESE presented to the Chair SB 191, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for antibullying bill of rights. Which was committed to the Committee on EDUCATION, April 8, Senators BOSCOLA, COSTA, HUGHES, KASUNIC. TARTAGLIONE, FONTANA, BREWSTER, FARNESE. FERLO, KITCHEN, SOLOBAY, STACK, WOZNIAK and YUDICHAK presented to the Chair SB 689, entitled: An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, further providing for Small Business Council and for regulatory review. Which was committed to the Committee on COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, April 8,2011. Senators HUGHES, TARTAGLIONE, FERLO, BLAKE, YUDICHAK, LEACH, COSTA, FONTANA, WOZNIAK and FARNESE presented to the Chair SB 930, entitled: An Act amending the act of March 10, 1949 (P.L.30, No. 14), known as the Public School Code of 1949, providing for victory academies. Which was committed to the Committee on EDUCATION, April 8, Senators BOSCOLA, TARTAGLIONE, WAUGH, WASH- INGTON, RAFFERTY, BREWSTER, ALLOWAY, VOGEL, McILHINNEY, FOLMER and PICCOLA presented to the Chair SB 934, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in personal income tax, further providing for imposition of income tax. Which was committed to the Committee on FINANCE, April 8,2011. Senators ORIE, PILEGGI, EARLL, MENSCH, PIPPY, RAF- FERTY, WAUGH and D. WHITE presented to the Chair SB 935, entitled: An Act amending the act of June 13, 1967 (P.L.31, No.2 1), known as the Public Welfare Code, further providing for medical assistance benefit packages and Medicaid managed care organizations; and making inconsistent repeals. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, April 8, Senators M. WHITE, VANCE, BREWSTER, EARLL, WAUGH and BROWNE presented to the Chair SB 936, entitled: An Act amending the act of May 22, 1951 (PL.317, No.69), known as The Professional Nursing Law, providing for certified registered nurse anesthetist, certification requirements, qualifications, renewal of certification, for standards of practice and for professional liability. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, April 8, Senators FOLMER, SOLOBAY, RAFFERTY, EICHELBERGER, ERICKSON, BREWSTER, BRUBAKER and PICCOLA presented to the Chair SB 937, entitled: An Act providing for a citizens constitutional convention, for a referendum on the question, for the nomination and election of delegates, defining the powers and duties of the convention, providing for operation of the convention, conferring powers and imposing duties on the Governor, the Lieutenant Governor, the Secretary of the Commonwealth, the Chief Justice of the Supreme Court, certain judges of the Commonwealth Court, the State Treasurer, the Auditor General, the Attorney General, officers of the General Assembly, the Pennsylvania Historical and Museum Commission and county election boards, providing for a referendum on the convention's report; imposing penalties for violations of the act; and making an appropriation. Which was committed to the Committee on STATE GOV- ERNMENT, April 8, Senators PIPPY, RAFFERTY, FONTANA, BAKER, GREENLEAF, SOLOBAY and BRUBAKER presented to the Chair SB 938, entitled: An Act amending the act of February 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code, further providing for salaried mayor not to receive fees and for duties of solicitor and outside counsel.

3 2011 LEGISLATIVE JOURNAL - SENATE Which was committed to the Committee on LOCAL GOV- ERNMENT, April 8, Senators PIPPY, RAFFERTY, D. WHITE, FONTANA, FERLO, BREWSTER and FARNESE presented to the Chair SB 939, entitled: An Act amending the act of July 22, 1974 (P.L.589, No.205), known as the Unfair Insurance Practices Act, further providing for unfair acts. Which was committed to the Committee on BANKING AND INSURANCE, April 8, Senators RAFFERTY, TARTAGLIONE, ALLOWAY, COSTA, GREENLEAF, BOSCOLA and YUDICHAK presented to the Chair SB 945, entitled: An Act providing for tax credits to employers against their corporate net income tax liability for hiring employees 55 years of age or older for full-time employment. Which was committed to the Committee on FINANCE, April 8, Senators RAFFERTY, FONTANA, WAUGH, BREWSTER. TOMLINSON, YAW, M. WHITE, GREENLEAF, PICCOLA and TARTAGLIONE presented to the Chair SB 946, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in registration of vehicles, further providing for department vehicle registration records. Which was committed to the Committee on TRANSPORTA- TION, April 8, Senators RAFFERTY, BROWNE, ORIE, PIPPY, FONTANA, SCARNATI and BOSCOLA presented to the Chair SB 947, entitled: An Act prohibiting employment of illegal aliens; requiring participation in the Basic Pilot Program as a condition for Commonwealth contracts or grants; prohibiting business tax deductions for certain compensation; requiring suspension of licenses, registrations and certificates of incorporation under certain circumstances; and authorizing a private cause of action. Which was committed to the Committee on LABOR AND INDUSTRY, April 8, Senators RAFFERTY, ORIE, BRUBAKER, BREWSTER, WARD, FARNESE, TARTAGLIONE, FONTANA, ERICKSON, BOSCOLA and YUDICHAK presented to the Chair SB 948, entitled: An Act amending 'title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, barring the presence of sexual offenders in protected areas. Which was committed to the Committee on JUDICIARY, April 8, Senators KASUNIC, BOSCOLA, BREWSTER, BROWNE, FARNESE, FONTANA, KITCHEN, SOLOBAY, STACK, WASHINGTON, D. WHITE and WOZNIAK presented to the Chair SB 950, entitled: An Act establishing a motivational boot camp system for juveniles; imposing powers and duties on the Department of Public Welfare and the Department of Health; and providing for a performance audit. Which was committed to the Committee on JUDICIARY, April 8, Senators KASUNIC, BOSCOLA, BREWSTER, BROWNE, FARNESE, FONTANA, KITCHEN, SOLOBAY, STACK, WASHINGTON, WAUGH, D. WHITE and WOZNIAK presented to the Chair SB 951, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, authorizing disposition of delinquent children to motivational boot camps. Which was committed to the Committee on JUDICIARY, April 8, Senators BRUBAKER, PILEGGI, FOLMER, EICHELBERGER, ALLOWAY, WAUGH, D. WHITE, YAW, FERLO, EARLL and PICCOLA presented to the Chair SB 953, entitled: An Act amending Title 24 (Education) of the Pennsylvania Consolidated Statutes, in retirement for school employees, further providing for mandatory and optional membership. Which was committed to the Committee on FINANCE, April 8,2011. Senators EICHELBERGER, STACK, VOGEL, ERICKSON, KASUNIC, ALLOWAY, RAFFERTY, WAUGH, BREWSTER, WARD, TARTAGLIONE, FARNESE, D. WHITE and GREEN- LEAF presented to the Chair SB 955, entitled: An Act amending the act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act, further providing for definitions; and providing for specific powers and duties with regard to opioid addiction treatment. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, April 8, April 11, 2011 Senators RAFFERTY, BROWNE, ORIE, EICHELBERGER, MENSCH, EARLL, STACK, ERICKSON, ALLOWAY, TARTAGLIONE, GREENLEAF, BOSCOLA, WOZNIAK, PICCOLA and M. WHITE presented to the Chair SB 949, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for physician immunity for disclosure on controlled substances; and further providing for actions on insurance policies. Which was committed to the Committee on JUDICIARY, April 11, Senators RAFFERTY, BREWSTER, FONTANA, FERLO and WASHINGTON presented to the Chair SB 956, entitled: An Act amending the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act, further providing for Environmental Quality Board; and providing for control of emissions from halogenated solvent cleaning facilities and for control of trichloroethylene. Which was committed to the Committee on ENVIRONMEN- TAL RESOURCES AND ENERGY, April 11, 2011.

4 278 LEGISLATIVE JOURNAL - SENATE APRIL 11, Senators TARTAGLIONE, FONTANA and LEACH presented to the Chair SB 958, entitled: An Act amending the act of July 2, 1984 (P.L.561, No.112), known as the Pennsylvania Conservation Corps Act, further providing for supervisors. Which was committed to the Committee on LABOR AND INDUSTRY, April 11, Senators GREENLEAF, RAFFERTY and BROWNE presented to the Chair SB 960, entitled: An Act amending Title 15 (Corporations and Unincorporated Associations) of the Pennsylvania Consolidated Statutes, making extensive revisions, additions and deletions to partnership and limited liability company material on general provisions, on registered limited liability partnerships, on general partnerships, on limited partnerships and on limited liability companies. Which was committed to the Committee on JUDICIARY, April 11, RESOLUTION INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Resolution numbered, entitled, and referred as follows, which was read by the Clerk: April 11, 2011 Senators GREENLEAF, ALLOWAY, FONTANA, BREWSTER, YUDICHAK, BRUBAKER and FARNESE presented to the Chair SR 78, entitled: A Resolution amending the Rules of the Senate for the 195th and 196th Regular Session, further providing for Committee on Ethics and Official Conduct; and providing for duties of the Ethics Counsel. Which was committed to the Committee on RULES AND EXECUTIVE NOMINATIONS, April 11, GENERAL COMMUNICATIONS RESIGNATION OF MEMBER FROM STANDING COMMITTEE OF THE SENATE The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: The Honorable Joseph Scamati 292 Main Capitol Building Harrisburg, PA Dear Senator Scamati: SENATE OF PENNSYLVANIA March 16, 2011 RESIGNATION OF MEMBER FROM STANDING COMMITTEE OF THE SENATE The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: The Honorable Joseph Scamati 292 Main Capitol Building Harrisburg, PA Dear Senator Scamati: SENATE OF PENNSYLVANIA March 16, 2011 I hereby resign as a member of the Senate's Intergovernmental Operations Committee. I appreciate your consideration of this request. Thank you. Sincerely, TIMOTHY J. SOLOBAY State Senator 46th District RESIGNATION OF MEMBER FROM COMMITTEE The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: SENATE OF PENNSYLVANIA The Honorable Joseph Scamati, President Pro Tempore Senate of Pennsylvania 292 Main Capitol Building Harrisburg, PA Dear Senator Scamati: March 23, 2011 Please consider this letter as notice of my resignation as a member of the Senate's Public Health & Welfare Committee. I appreciate your attention to this matter. Thank you. Sincerely, WAYNE D. FONTANA State Senator, 42nd District RESIGNATION OF MEMBER FROM STANDING COMMITTEE OF THE SENATE The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: I hereby resign as a member of the Senates Agriculture & Rural SENATE OF PENNSYLVANIA Affairs Committee. I appreciate your consideration of this request. Thank you. March 23, 2011 Sincerely, The Honorable Joseph Scamati 292 Main Capitol Building LISA M. BOSCOLA Harrisburg, PA State Senator - 18th District Dear Senator Scamati:

5 2011 LEGISLATIVE JOURNAL - SENATE 279 I hereby resign my position as a member of the Senates Aging & Youth Committee. I appreciate your consideration of this request. Thank you. Sincerely, RICHARD A. KASUNIC 32nd District RESIGNATION OF MEMBER FROM STANDING COMMITTEE OF THE SENATE The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: The Honorable Joseph Scarnati 292 Main Capitol Building Harrisburg, PA Dear Senator Scarnati: SENATE OF PENNSYLVANIA March 23, 2011 I hereby resign as a member of the Senates Local Government Committee. I appreciate your consideration of this request. Thank you. Sincerely, CHRISTINE M. TARTAGLIONE State Senator APPOINTMENT OF MEMBER TO STANDING COMMITTEES OF THE SENATE The PRESIDENT. The Chair wishes to announce that the President pro tempore has made the following appointments: Senator Judy Schwank as a member of the Committee on Aging and Youth, as a member of the Committee on Agriculture and Rural Affairs, as a member of the Committee on Intergovernmental Operations, as a member of the Committee on Local Government, and as a member of the Committee on Public Health and Welfare. APPOINTMENT BY THE MINORITY LEADER The PRESIDENT. The Chair wishes to announce the Minority Leader has made the following appointment: Dr. Jennifer G McGough as a member of the Canine Health Board. LEGISLATIVE LEAVES Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a temporary Capitol leave for Senator Ward. Allegheny, Senator Costa. Senator COSTA. Mr. President, I request a legislative leave for Senator Williams. The PRESIDENT. Senator Pileggi requests a temporary Capitol leave for Senator Ward. Senator Costa requests a legislative leave for Senator Wilhams. Without objection, the leaves will be granted. LEAVE OF ABSENCE Senator PILEGGI asked and obtained a leave of absence for Senator McILHINNEY, for today's Session, for personal reasons. SPECIAL ORDER OF BUSINESS JOURNAL APPROVED The PRESIDENT. The Journal of the Session of March 7, 2011, is now in print. The Clerk proceeded to read the Journal of the Session of March 7, Senator PILEGGI. Mr. President, I move that further reading of the Journal be dispensed with and that the Journal be approved. Will the Senate agree to the motion? The yeas and nays were required by Senator PILEGGI and were as follows, viz: YEA-49 Alloway Erickson Piccola Vogel Argall Farnese Pileggi Ward Baker Ferlo Pippy Washington Blake Folmer Rafferty Waugh Boscola Fontana Robbins White Donald Brewster Gordner Scarnati White Mary Jo Browne Greenleaf Schwank Williams Brubaker Hughes Smucker Wozniak Corman Kasunic Solobay Yaw Costa Kitchen Stack Yudichak Dinniman Leach Tartaglione Earl! Mensch Tomlinson Eichelberger One Vance NAY-0 A majority of the Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. The Journal is approved. CALENDAR SECOND CONSIDERATION CALENDAR HB 377 CALLED UP OUT OF ORDER HB 377 (Pr. No. 1441) -- Without objection, the bill was called up out of order, from page 4 of the Second Consideration Calendar, by Senator PILEGGI, as a Special Order of Business. BILL ON SECOND CONSIDERATION AND REREFERRED HB 377 (Pr. No. 1441) -- The Senate proceeded to consideration An Act amending the act of November 10, 1999 (RL.491, No.45), known as the Pennsylvania Construction Code Act, further providing for Uniform Construction Code Review and Advisory Council, for revised or successor codes and for exemptions.

6 280 LEGISLATIVE JOURNAL - SENATE APRIL 11, Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. SB 654 CALLED UP OUT OF ORDER SB 654 (Pr. No. 689) -- Without objection, the bill was called up out of order, from page 5 of the Second Consideration Calendar, by Senator PILEGGI, as a Special Order of Business. BILL ON SECOND CONSIDERATION AND REREFERRED SB 654 (Pr. No. 689) -- The Senate proceeded to consideration An Act amending the act of June 2, 1915 (P1.736, No.338), known as the Workers' Compensation Act, further defining "occupational disease'; and providing for cancer in the occupation of firefighter. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. RECESS Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a recess of the Senate for purposes of a meeting of the Committee on Rules and Executive Nominations to be held in the Rules room immediately, to be followed by a meeting of the Committee on Appropriations, to be followed by a Republican caucus to be held in the Majority Caucus Room. Allegheny, Senator Costa. Senator COSTA. Mr. President, we will be reporting to the committee meetings as described by Senator Pileggi, and Senate Democrats will also be caucusing at the conclusion of both of those meetings. The PRESIDENT. For purposes of a meeting of the Committee on Rules and Executive Nominations, to be followed by a meeting of the Committee on Appropriations, to be followed by Republican and Democratic caucuses, without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. BILLS REPORTED FROM COMMITTEE Senator CORMAN, from the Committee on Appropriations, reported the following bills: SB 1 (Pr. No. 1031) (Amended) (Rereported) An Act amending the act of March 10, 1949 (P.L.30, No. 14), known as the Public School Code of 1949, providing for opportunity scholarships; establishing the Excess Scholarship Fund; providing for educational improvement tax credit; and repealing provisions of the Tax Reform Code of 1971 relating to educational improvement tax credit. SB 58 (Pr. No. 43) (Rereported) An Act providing for the protection of victims of sexual violence, for duties of law enforcement agencies, for procedure and for penalties. SB 274 (Pr. No. 250) (Rereported) An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting and furtaking licenses, further providing for unlawful acts concerning licenses; and, in special licenses and permits, further providing for authority to issue permits, for permit fees and for falconry permits. SB 654 (Pr. No. 689) (Rereported) An Act amending the act of June 2, 1915 (RL.736, No.338), known as the Workers' Compensation Act, further defining "occupational disease"; and providing for cancer in the occupation of firefighter. SB 745 (Pr. No. 744) (Rereported) An Act amending the act of July 5, 1984 (P1.587, No.119), known as the Rail Freight Preservation and Improvement Act, further providing for contracts, procurement and sale of property and competition in award of contracts. HB 377 (Pr. No. 1520) (Amended) (Rereported) An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, further providing for Uniform Construction Code Review and Advisory Council, for revised or successor codes and for exemptions. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Ward has returned, and her temporary Capitol leave is cancelled. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 264 (Pr. No. 241) -- The Senate proceeded to consideration An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, further providing for burial details for veterans. Considered the third time and agreed to, Shall the bill pass finally?

7 2011 LEGISLATIVE JOURNAL - SENATE 281 LEGISLATIVE LEAVE Allegheny, Senator Costa. Senator COSTA. Mr. President, I request a legislative leave for Senator Dinniman. The PRESIDENT. Senator Costa requests a legislative leave for Senator Dinniman. Without objection, the leave will be granted. And the question recurring, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Alloway Argall Baker Blake Boscola Brewster Browne Brubaker Corman Costa Dinniman Earli Eichelberger Erickson Farnese Ferlo Folmer Fontana Gordner Greenleaf Hughes Kasunic Kitchen Leach Mensch Ode YEA-49 Piccola Pileggi Pippy Rafferty Robbins Scarnati Schwank Smucker Solobay Stack Tartaglione Tomlinson Vance NAY-0 Vogel Ward Washington Waugh White Donald White Mary Jo Williams Wozniak Yaw Yudichak 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. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 456 (Pr. No. 443) -- The Senate proceeded to consideration An Act amending the act of August 9, 1955 (P1.323, No.130), known as The County Code, in special powers and duties of counties, further providing for flags to decorate graves. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-49 Alloway Erickson Piccola Vogel Argall Farnese Pileggi Ward Baker Ferlo Pippy Washington Blake Folmer Rafferty Waugh Boscola Fontana Robbins White Donald Brewster Gordner Scarnati White Mary Jo Browne Greenleaf Schwank Williams Brubaker Hughes Smucker Wozniak Corman Kasunic Solobay Yaw Costa Kitchen Stack Yudichak Dinniman Leach Tartaglione Earll Mensch Tomlinson Eichelberger One Vance NAY-0 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. SB 723 (Pr. No. 707) -- The Senate proceeded to consideration An Act designating the bridge that connects South Williamsport to Williamsport, known as the Market Street Bridge, carrying U.S. Route 15 over the Susquehanna River in Loyalsock Township, Lycoming County, as the Carl E. Stotz Memorial Little League Bridge. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-49 Alloway Erickson Piccola Vogel Argall Farnese Pileggi Ward Baker Ferlo Pippy Washington Blake Folmer Rafferty Waugh Boscola Fontana Robbins White Donald Brewster Gordner Scarnati White Mary Jo Browne Greenleaf Schwank Williams Brubaker Hughes Smucker Wozniak Corman Kasunic Solobay Yaw Costa Kitchen Stack Yudichak Dinniman Leach Tartaglione Earil Mensch Tomlinson Eichelberger One Vance NAY-0 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. SECOND CONSIDERATION CALENDAR BILL REREPORTED FROM COMMITTEE AS AMENDED ON SECOND CONSIDERATION (Pr. No. 982) -- The Senate proceeded to consideration

8 282 LEGISLATIVE JOURNAL - SENATE APRIL 11, An Act providing for the establishment of a searchable budget database-driven Internet website detailing certain information concerning taxpayer expenditures and investments. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 5, SB 101, SB 104, SB 106, SB 109, SB 202, SB 224, SB 225 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL REREFERRED SB 237 (Pr. No. 722) -- The Senate proceeded to consideration An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in budget and finance, further providing for Commonwealth portion of fines. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILLS OVER IN ORDER SB 260, SB 293, SB 296, SB 329, SB 330, SB 343 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILLS ON SECOND CONSIDERATION SB 357 (Pr. No. 347) -- The Senate proceeded to consideration An Act amending the act of February 1, 1966 (1965 P.L No.581), known as the Borough Code, further providing for general powers. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 358 (Pr. No. 348) -- The Senate proceeded to consideration An Act amending the act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code, further providing for suits and property. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 359 (Pr. No. 349) -- The Senate proceeded to consideration An Act amending the act of May 27, 1953 (P.L.244, No.34), entitled "An act relating to and regulating the contracts of incorporated towns and providing penalties,' further providing for power to convey. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 360 (Pr. No. 350) -- The Senate proceeded to consideration An Act amending the act of June 23, 1931 (P.L.932, No.3 17), known as The Third Class City Code, further providing for sales of personal property. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 537 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL AMENDED SB 566 (Pr. No. 576) -- The Senate proceeded to consideration An Act designating the Donora-Monessen Bridge in Washington and Westmoreland Counties as the Stan Musial Bridge. Will the Senate agree to the bill on second consideration? Senator SOLOBAY offered the following amendment No. A13l4: Amend Bill, page 1, line 2, by striking out "Stan" and inserting: "Stan the Man" Amend Bill, page 2, line 22, by striking out "Stan" and inserting: "Stan the Man" Amend Bill, page 2, line 26, by striking out "Stan" and inserting: "Stan the Man" Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator PILEGGI. BILLS OVER IN ORDER SB 612 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL AMENDED SB 631 (Pr. No. 638) -- The Senate proceeded to consideration An Act designating the section of State Route 23 that is situated between Chester County's border with Montgomery County and State Route 100 as the Medal of Honor Grove Highway. Will the Senate agree to the bill on second consideration? Senator COSTA, on behalf of Senator DINNIMAN, offered the following amendment No. Al 144:

9 2011 LEGISLATIVE JOURNAL - SENATE 283 Amend Bill, page 2, line 7, by striking out "located between and inserting: that is situated between Chester County's border with Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator PILEGGI. BILLS OVER IN ORDER SB 637, SB 717, SB 802, SB 803, SB 814, SB 844, SB 857, SB 858, SB 869, SB 870, SB 871, SB 872, SB 873 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL ON SECOND CONSIDERATION AND REREFERRED SB 911 (Pr. No. 944) -- The Senate proceeded to consideration An Act amending the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No. 1), known as the Taxpayer Relief Act, further providing for adoption of preliminary budget proposals and for public referendum requirements for increasing certain taxes. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No. 1 BILLS REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER SB 1 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. COMMUNICATION FROM THE GOVERNOR RECALL COMMUNICATION LAID ON THE TABLE The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the Governor of the Commonwealth, which was read as follows and laid on the table: SHERIFF, PHILADELPHIA COUNTY To the Honorable, the Senate of the Commonwealth of Pennsylvania: March 4, 2011 In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated January 3, 2011, and corrected on January 13, 2011, for the appoint- ment of The Honorable Barbara Deeley, 100 South Broad Street, 5th Floor, Philadelphia 19110, Philadelphia County, Fifth Senatorial District, as Sheriff, in and for the County of Philadelphia, to serve until the first Monday of January 2012, vice The Honorable John D. Green, resigned. I respectfully request the return to me of the official message of nomination on the premises. TOM CORBETF Governor 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 Governor of the Commonwealth, which were read by the Clerk as follows: SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT To the Honorable, the Senate of the Commonwealth of Pennsylvania: January 18, 2011 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Honorable fsic) C. Alan Walker, 1018 Country Club Road, Clearfield 16830, Clearfield County, Twentyfifth Senatorial District, for appointment as Secretary of Community and Economic Development, to serve until the third Tuesday of January 2015, and until his successor is appointed and qualified, vice The Honorable Austin J. Burke, Jr., Archbald, resigned. TOM CORBETF Governor SECRETARY OF GENERAL SERVICES To the Honorable, the Senate of the Commonwealth of Pennsylvania: January 18, 2011 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Honorable (sic) Sheri Phillips, 2837 North Front Street, Suite 302, Harrisburg 17110, Dauphin County, Fifteenth Senatorial District, for appointment as Secretary of General Services, to serve until the third Tuesday of January 2015, and until her successor is appointed and qualified, vice The Honorable James P. Creedon, Bethlehem, resigned. TOM CORBETF Governor COMMISSIONER OF THE PENNSYLVANIA STATE POLICE To the Honorable, the Senate of the Commonwealth of Pennsylvania: January 18, 2011 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Honorable [sic] Francis (Frank) Noonan, 217 Teaberry Lane, Clarks Summit 18411, Lackawanna County, Twenty-second Senatorial District, for appointment as Corn-

10 284 LEGISLATIVE JOURNAL - SENATE APRIL 11, missioner of the Pennsylvania State Police, to serve until the third Tuesday of January 2015, and until his successor is appointed and qualified. vice Colonel Frank E. Pawlowski, Exton, resigned. TOM CORBETI' Governor SECRETARY OF TRANSPORTATION To the Honorable, the Senate of the Commonwealth of Pennsylvania: January 26, 2011 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Barry Schoch, 750 Brentwater Road, Camp Hill 17011, Cumberland County, Thirty-first Senatorial District, for appointment as Secretary of Transportation, to serve until the third Tuesday of January 2015, and until his successor is appointed and qualified, vice The Honorable Allen Biehler, Pittsburgh, resigned. TOM CORBETF Governor NOMINATIONS LAID ON THE TABLE Senator ROBBINS. Mr. 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. UNFINISHED BUSINESS SENATE RESOLUTIONS ADOPTED Senators ORIE, TARTAGLIONE, BOSCOLA, BAKER, EARLL, KITCHEN, ALLOWAY, BREWSTER, BROWNE, COSTA, DINNIMAN, ERICKSON, FERLO, FONTANA, GREENLEAF, PILEGGI, PIPPY, RAFFERTY, SOLOBAY, STACK, YUDICHAK, BRIJBAKER and FARNESE, by unanimous consent, offered Senate Resolution No. 83, entitled: A Resolution designating April 12, 2011, as "Equal Pay Day" in Pennsylvania. Will the Senate adopt the resolution? The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator One. Senator ORIE. Mr. President, I rise today to ask for support for a resolution designating April 12 as "Equal Pay Day" in Pennsylvania. Women have made great strides in all professional fields, from politics and medicine to teaching and technology, but the fact remains that women still do not receive equal pay for the work that they do. This is something we must remedy for the sake of economic fairness. The Equal Pay Act was signed in 1963, making it illegal for employers to pay unequal wages to men and women who hold the same job and do the same work. At the time of the EPA's passage, women earned just 58 cents to every dollar earned by men. That figure has only changed to 72 cents to every dollar that a male earns. Equal Pay Day is an annual reminder of the fact that it takes the average woman nearly 4 months into the following year to catch up with what men earned the previous year. Weekly, women have to work until Tuesday of the following week to earn what a man earned in a prior week. Women work for pay in greater numbers, in more occupations, and for more years of their lives than ever before, yet they still earn less than their male counterparts. Equal pay for equal work is something that we not only expect, but women deserve. This resolution is intended to bring public awareness and attention to an issue that insures that women--and this also impacts families--are treated fairly in the workplace. Thank you, Mr. President. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. Senators TARTAGLIONE, STACK, RAFFERTY, BAKER, DINNIMAN, VOGEL, FONTANA, ORIE, ERICKSON, HUGHES, TOMLINSON, ALLOWAY, GREENLEAF, D. WHITE, COSTA, BREWSTER, PILEGGI, FERLO, EARLL, PIPPY, SOLOBAY, WOZNIAK, WASHINGTON, BRUBAKER and FARNESE, by unanimous consent, offered Senate Resolution No. 79, entitled: A Resolution recognizing the week of April 10 through 16, 2011, as "Crime Victims' Rights Week" in Pennsylvania. Will the Senate adopt the resolution? The PRESIDENT. The Chair recognizes the gentlewoman from Philadelphia, Senator Tartaglione. Senator TARTAGLIONE. Mr. President, a violent crime is committed in the United States every 19 seconds. Each year, 21 million Americans are victimized by crime; 5 million are victims of violent crime. As a nation devoted to liberty and justice for all, the United States must increase its effort to protect, restore, and expand crime victims' rights. Victim service providers, criminal justice officials, and concerned citizens throughout our nation are joining together to observe National Crime Victims' Rights Week. Today, I ask my colleagues to join me in observing the week of April 10 through April 16, 2011, as "Crime Victims' Rights Week" in Pennsylvania. Thank you, Mr. President. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. Senators PILEGGI, RAFFERTY, STACK, ORIE, WARD, KITCHEN, COSTA, DINNIMAN, ERICKSON, D. WHITE, PIPPY, SOLOBAY, ALLOWAY, GREENLEAF, FARNESE and EARLL, by unanimous consent, offered Senate Resolution No. 80, entitled: A Resolution designating April 11, 2011, as "Lincoln University Day" in Pennsylvania. Which was read, considered, and adopted by voice vote.

11 2011 LEGISLATIVE JOURNAL - SENATE 285 Senators ROBBINS, SCARNATI, PILEGGI, COSTA, BAKER, SOLOBAY, ALLOWAY, DINNIMAN, ERICKSON, FARNESE, FONTANA, GREENLEAF, KASUNIC, ORIE, RAFFERTY, STACK, TOMLINSON, VOGEL, WARD, D. WHITE, BREWSTER, BRUBAKER, PIPPY and EARLL, by unanimous consent, offered Senate Resolution No. 81, entitled: A Resolution recognizing the month of April 2011 as "Month of the Military Child" in Pennsylvania. Will the Senate adopt the resolution? Mercer, Senator Robbins. Senator ROBBINS. Mr. President, on many occasions, we have offered our thoughts and support for the thousands of our fellow Pennsylvanians who are serving in our nation's Armed Forces, here and around the globe. And without a doubt, that praise is well-earned and justified considering the sacrifices made by our military personnel in defense of freedom and liberty. However, it is also just as important that we recognize that the sacrifices and burdens of military service are not borne solely by the individual in uniform but are shared by their spouses and by their children as well. With our soldiers, sailors, airmen, and Marines deployed to posts around the world, particularly for duty in Iraq and Afghanistan, many families face long periods of separation. In fact, more than 32,000 of Pennsylvania's children and youth have been directly affected by the military deployment of at least one parent to a duty station far away from home. Therefore, Mr. President, it is only fitting that we as a Commonwealth think of those children and those families and the sacrifices that they are making as well. Thank you. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. Senators ALLOWAY, DINNIMAN, WARD, STACK, YAW, SOLOBAY, BAKER, ROBBINS, D. WHITE, ARGALL, WAUGH, ERICKSON, RAFFERTY, GORDNER, PILEGGI, ORIE, FERLO, TOMLINSON, WASHINGTON, FONTANA, COSTA, SCHWANK, BREWSTER, PIPPY, BRUBAKER and EARLL, by unanimous consent, offered Senate Resolution No. 82, entitled: A Resolution designating April 12, 2011, as the "official" start of Pennsylvania's commemoration of the 150th anniversary of the Civil War. Will the Senate adopt the resolution? The PRESIDENT. The Chair recognizes the genhlciiian ftm Franklin, Senator Alloway. Senator ALLOWAY. Mr. President, the American Civil War is recognized as one of the defining moments in American history. Pennsylvania occupied a pivotal location on the Ma- son-dixon line that further added to its role as the Keystone State. Pennsylvania volunteers were among the first defenders to respond to the call for troops to defend the capital of the United States in April On April 12, 1861, a bill titled "An Act for the Better Organization of the Militia of the Commonwealth" was passed by both Houses of the General Assembly and was signed by Governor Curtin. Over 400,000 Pennsylvanians from communities across the Commonwealth fought for the Union between 1861 and 1865, and approximately 8,600 African Americans from Pennsylvania volunteered as members of the United States Colored Troops to defend their families, their homes, and strike a decisive blow for freedom. Pennsylvania's homefront efforts, rich farmland, burgeoning industries, extensive rail transportation system, and unequaled medical facilities provided resources that were vital to the Union victory. The largest battle of the Civil War took place at Gettysburg, Pennsylvania, in July 1863, and resulted in a major victory for Union forces. The years 2011 through 2015 mark the sesquicentennial of the American Civil War. The 150th anniversary of the American Civil War represents a significant opportunity for Pennsylvanians to explore their collective history, including the continuing struggle for civil rights. The Pennsylvania Civil War 150 Committee, a collaboration of statewide partners, has been planning events and public programming for the four-year anniversary. Please join me in cosponsoring a resolution that marks April 12, 2011, as the Commonwealth of Pennsylvania's official start of Pennsylvania's Civil War 150th commemoration and encourage citizens, groups, and communities throughout the Commonwealth to learn and participate in events commemorating Pennsylvania's importance in the American Civil War throughout the sesquicentennial period. Thank you, Mr. President. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. 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 Mr. and Mrs. Charles Klein, Sr., Robert Clement Kray, Pocono Lake Region Chamber of Commerce, citizens of the Borough of Shickshinny and to the Wyoming Valley Chapter of the Daughters of the American Revolution by Senator Baker. Congratulations of the Senate were extended to Roy McCullagh, Nicholas Kuhns Rossi, Tyler N. Boone, Melissa Ann Fry and to Makenzie Tyler Hofer by Senator Corman. Congratulations of the Senate were extended to Sandra M. Claus, Mabel Purcell, Adrienne Nash, Anne Bernstein, Barbara Kirby and to Louis G. Colbert by Senator Dinniman. Congratulations of the Senate were extended to Anne L. Shenberger by Senators Dinniman and Farnese. Congratulations of the Senate were extended to Barbara Alexis Looby by Senators Dinniman and Pileggi. Congratulations of the Senate were extended to Kody A. Hummel by Senator Gordner.

12 286 LEGISLATIVE JOURNAL - SENATE APRIL 11, Congratulations of the Senate were extended to Sarah Colegrove by Senator Scarnati. Congratulations of the Senate were extended to Gregory Urig by Senator Smucker. Congratulations of the Senate were extended to Robert Miles and to Comcast, Keystone Region, of Pittsburgh, by Senator Solobay. PETITIONS AND REMONSTRANCES Philadelphia, Senator Hughes. Senator HUGHES. Mr. President, as we start to get into the nitty-gritty of trying to put a State budget together, as we conclude 3 long weeks of budget hearings, I think it is important that we all be reminded what is going on here in the Commonwealth of Pennsylvania, especially in the context of the economic reality that exists for thousands, if not millions, of hardworking Pennsylvania families who are working mightily to try to make ends meet. It is in the context of looking at the total economic picture in the Commonwealth and, to some extent, across the country, that I rise today to really try to understand what is happening to folks, what they are dealing with, what their economic reality is, what their concerns are, what their frustrations are, and what dilemmas exist for them as they relate to State government and what we do here in policy, but also as it relates to how they try to live their everyday lives. Most folks, Mr. President, are struggling, and they are struggling mightily. They have tried to live by the rules, they have tried to play by the rules, and they have tried to operate in the context of the rules, just trying to do the right thing. But we are seeing more and more folks in a position where they are having to work not just one job, but two jobs, three jobs, four jobs, just to make ends meet. And that is not just one member of that family unit, Mr. President, that is everybody. That is mom. That is dad. That is the kids. That is the teenagers going to high school. That is the students trying to make their way and trying to pay their college bills. They are struggling mightily, Mr. President, and they are getting a deaf ear from the Commonwealth. There seems to be a disconnect between what is happening with folks who are trying to make ends meet and it is best represented in, well, I guess maybe it is best represented in this USA Today article that I am looking at. It was no April Fool's Day joke, but it did come out on Friday, April 1. The interesting thing it says here, Mr. President, is "CEO Pay Soars While Workers' Pay Stalls." Let me read that again, "CEO Pay Soars While Workers' Pay Stalls." And the sub-headline here is, 75 percent of chief executives received raises in 2010, some of them substantial." Now, it has two pictures of two guys here. They look like nice guys. They are heads of major corporations. John Lundgren, I guess he is the CEO of Stanley Black & Decker. That is what it says right here, John Lundgren, Stanley Black & Decker. He received, in 2010, $32.6 million. I want you to hear what he received in 2010: $32.6 million. Now, the crime of this, I guess not for his family, but that the increase in his pay from the year before was not 2 percent. It was not 5 percent. It was not 3 percent. It was a 253-percent pay raise. Listen to me now. Pay attention closely, because I am go- ing to repeat what it says. It says he received a pay raise of 253 percent. Somebody has to figure that one out for me. Now, underneath this picture is Richard Davis. I guess he is the CEO of U.S. Bancorp. He did not do too badly during 2010 either. He received $16.1 million. I hope you are picking up what I am putting down here. I hope you are listening clearly. That is a 143-percent increase. I want you to think about that. Now, the rest of us are struggling, struggling mightily, trying to make ends meet. We still cannot get through this foreclosure crisis. Many of us, thousands, maybe millions of families in this Commonwealth and definitely all across the nation, are still underwater with respect to their mortgages. The rest of us cannot even get a mortgage. Working hard, trying to make ends meet. Working hard, trying to make ends meet. Workers in private industry received a 2.1-percent increase during the year of But John got a 253-percent pay raise, and Richard got a 143-percent pay raise, the heads of these companies. You know, it is not right. It is not fair, it is not appropriate, and the reality is that public policy has to respond to the realities that exist for the people in this Commonwealth. There is a trend that is consistent in the policies that have developed here so far in this year And I want you to see it clearly, very clearly. On February 28, the adultbasic health insurance program came to an end and 42,000 people were thrown off the rolls. No health insurance for them. I did not say 4,000 people. I did not say 400 people. I said 42,000 people were thrown off the rolls, with no attempt to try to rescue them. We took some steps. We brought folks together. We offered up some plans and concepts, but they fell on deaf ears. Forty-two thousand people thrown off of the rolls on February 28, and all those folks are working people. They are working hard every day. They take care of all of our needs. They take of all of our issues. They are working hard every day. Most of them are women. They are raising families. They are taking care of children. They are working at child care centers. They are taking care of our dry cleaning at the laundromat. They are doing everything that is necessary to keep life going for all of us, but they do not have any health insurance because the State abandoned them. Now, that was February 28. On March 3, three days later, the Commonwealth of Pennsylvania decided to give a $200 million tax break to the biggest corporations in this State, most of them represented in this USA Today article, getting these huge pay increases. They got a break. They got a pass. They got a tax break while we dropped 42,000 people off of the health insurance rolls. Now, where is the fairness in that? That was within a 3-day span. Think of this: 42,000 people were told on February 28 that there is no lifeline for them, that the State is in a budget crisis and there is no help for them, no manna from heaven, no money to pay their health insurance. Nothing for them. Three days later, the biggest corporations in this State got a $200 million tax break. What is the righteousness in that? What is the correctness of that? And the economists say that $200 million tax break--in technical terms, it is called accelerated depreciation--is one of the worst kind of ways to stimulate economy. Not one of the best, one of the worst ways to stimulate the economy. But the crime does not end there. On February 28--look at your calendar, now--february 28, 42,000 people dropped off of the rolls. On March 3, a $200 million tax break. On March 8, a

13 2011 LEGISLATIVE JOURNAL - SENATE budget proposal to the joint Members of the General Assembly over in the House. The Governor sits there, says to all of us, here is what we are going to do: We are going to provide another $300 million in tax breaks, at least--and we are still counting them up--another $300 million in tax breaks to those same corporations. Now, you go figure, because at the same time as he said that he cut education funding by $1.2 billion, he cut funding for higher education by 50 percent, which basically means that young people going to college right now will probably have to face a $1,000 to $2,000 increase in their tuition. So here it goes. On February 28, 42,000 people were kicked off the rolls. On March 3, a $200 million tax cut for the big corporations. Did not have to do it. A $200 million dollar tax Cut. On March 8, the Budget Address, a $1.2 billion cut for basic education, and a 50-percent cut in higher education, which means tuition is going up, and at the same time, at least $300 million in additional tax breaks for the big businesses. Remember, I am talking about these guys right here. That is the math. The truth is the light. No one is lying here. These are all facts. Nobody is bragging here. It is just facts. No brag, just facts. It is the truth. There is a tendency that is going on here that we have to put a break on. We know we have a difficult budget crisis. We know we have a difficult challenge ahead of us. We understand that we all have to work together. There is a concept called shared sacrifice, where everybody gives up a little bit for the greater good, everybody puts a little skin in the game for the greater good. How can you tell children that they are going to lose their afterschool programs, tutorial programs, all full-day kindergarten, extra support, technology, all the kind of stuff that makes kids special academically? How are you going to tell them that they lose and the corporations win? Because the real deal is this: you are taking money from the little children and giving it to the big corporations. And who am I talking about? I am talking about these guys right here. Now, that is the truth. There is no lying in this. These are the real facts right here. This is the lineage. It goes from February 28 to March 3 to March 8. In addition to that, the proposal cuts almost half of the Department of Community and Economic Development budget, almost 50 percent wiped out, and that is the budget that does job creation and economic development in the Commonwealth. I think we need to be thoughtful and conscious about what is going on here in this Commonwealth with the policies that are being established and how they do not represent the reality that exists for millions of people in this Commonwealth. How can you say that this is fair, that this is even-handed, that there is shared sacrifice here? Then, we hear from the other side of the building that the real problem we have here in this Commonwealth is that we have all those poor people. They are the ones who are causing this crisis. They are the ones who are causing this problem. They are the ones driving this economy into the tank, all these poor people. Are you kidding me? Working people who lost their health insurance, poor folks who are trying to make it through life in some of the programs of the Department of Public Welfare, they did not cause the economic crisis that exists right now. They did not put this Commonwealth in a deficit mode. This crisis was caused by these guys right here in the paper. That is who caused the crisis. That is where the problem exists. They are the people who have to deal with it. But in this State, at that point, they do not have any skin in the game. There is no shared sacrifice. Help me understand this. Explain this to the average Pennsylvanian walking down the street right now. Go to the day care center. Go to the child care center. Explain to the little children and their families, you know what, here is the deal coming from Harrisburg. We are going to take your programs from you. We are going to deny you the education that you deserve. And by the way, the money that we used to give you, we are going to give it to these guys here in USA Today. You know, the guy who got a 253-percent pay raise in 1 year. Think about it. And the guy at U.S. Bancorp, he got paltry money. He just got a 143-percent pay raise. Give me a break. Who are we here to represent? Who are we here to take care of? Who are we here to invest in? Where is the direction that we are going in this Commonwealth? Mr. President, it is not right. It is the wrong track. It is the wrong direction. It is the wrong course. They say that these guys are the big job creators. That is what they say. But the unemployment rate still is far too high. They say that these guys are the ones who pay taxes, but my goodness gracious, did I not see a report in the paper the other day that General Electric paid no Federal taxes? I am not making this stuff up. You can find out about this stuff all across the Commonwealth. It appears in the newspapers in Washington County. It appears on the TV screens in Scranton. It appears on the radio. You can listen to the radio while you are driving to the Pirates baseball game. You can hear it. You can hear it everywhere you go. But at the same time, we want to say that we are for the average Pennsylvania family, that everybody has to give a little. Well, who is giving anything in this community represented by these guys here? Seventy-five percent of chief executives received raises in 2010, some of them substantial. John from Stanley Black & Decker--I am just going to keep saying it again--got a 253-percent pay raise. What kind of sense does that make? What kind of sense does that make? And the average working people--now we are talking about saying the State workers, regular workers, teachers, and child care workers, look, would you do us a favor, would you not take a 2- or 3-percent pay raise this year? Do us that favor, because we have to balance this budget. We have to make all the ends come together. We have to work this thing out, and we do not want you to get an extra $500 over the course of the year. Where are the standards, Mr. President, because I see none. Where is the decency, Mr. President, because I see none. You know, there is a graph here from Philippe Dauman, chief executive at Viacom. His base pay was $2.6 million. He got $11.2 million in bonuses. He got another $141,000 in other compensation. He got stock option awards of $70 million. His total compensation package for 2010 was $84,469,000. He got a 148-percent pay raise over And we want to give these guys a break? Look at the numbers. Even the guys on the low end of the totem pole, the guy who is head of Aflac--you know, the commercial with the duck, you know that commercial--he got a 20-percent pay raise. The guy from 3M, he got a 41-percent pay raise. Where is the fairness here, Mr. President? These guys, while they got their pay raise, also got $200 million in tax cuts on March 3 and another $300 million in tax breaks on March 8. I have not even started talking about the Marcellus Shale, the joke of the century. If you are a CEO or any board member for

14 288 LEGISLATIVE JOURNAL - SENATE APRIL 11, a shale drilling company, you are right now sitting in your boardroom feeling good about yourself. And why are you feeling good about yourself? Because you are not paying any taxes here in the Commonwealth of Pennsylvania. You are not paying your fair share. Every dime you make from drilling in the Commonwealth of Pennsylvania is going right into your pocket. How do they get off? How do they get off? The audacity of them drilling at such a level in probably the largest deposit of shale in the world, and they get off without having to pay a dime. At the same time, we ask working people, average working people, to forego a pay raise. And at the same time, we say, you know what, we are going to take $1.2 billion out of your basic education funding, and you know what we are going to do? We are probably going to raise your property taxes just to compensate for it. Or at the same time, we say to the young people who are going to college, you know what, we are going to cut college by 50 percent, and do you know what that is going to mean? That is going to mean probably a $1,000 to $2,000 increase in your tuition. Imagine if you are finishing up your freshman year at one of the State system universities, and you are trying to put your summer together and you know you have to work in the summer, not just because you need some pocket change, but because you have to work during the summer to pay next years tuition bill. The next thing you know, you have a tuition bill that comes in the mail that says, hey, a 30-percent increase in your tuition. So the job that you had, or that you were planning to have during the summer, that was going to cover what your old tuition was, now you have to work two, three, or four jobs just to deal with the new tuition that you are going to have to pay. And the big guys, the fat cats, these guys right here, they are walking all the way to the bank, and the Marcellus drilling guys are not paying the Commonwealth of Pennsylvania anything. There is a lack of fairness that exists here, Mr. President, and we have to stop getting sidetracked by all the other issues and stay focused on what is real and what is relevant and what is the issue. The issue is shared sacrifice. If you are going to take $1.2 billion out of basic education funding, the big guys, the fat cats, the big corporations have to give up their fair share also. If you say you want to raise tuition rates by 30, 40, 50 percent for our young people going to college, then the fat corporations, the big guys, these guys who are making millions of dollars a year, they have to give up their fair share also, because right now in the proposal, they are not giving a dime. Where is the fairness? Where is the truth? Where is it? Well, the incidents that have happened from February 28 to March 3 and on to March 8 spell out a very clear picture: that education is not important, whether you are going to grade school or high school; that education is not important if you are going to college; that maybe what is important is to dump on poor folks and take a couple billion dollars out of the Department of Public Welfare and make it harder for folks who are struggling to try to get through, to seize control of their lives. Well, Mr. President, I rise on this day to stand up because, you know what, I cannot take it anymore. I cannot put up with it any longer, with the silence, the lack of truth-telling, the misrepresentation of the facts that are going on here. The truth of the matter is the proposed budget here in the Commonwealth of Pennsylvania is being balanced on the backs of working families, folks who are just trying to make it through. There is no shared sacrifice. Everybody is not asked to give up a little bit of something, especially what we are taking from the little guy and the working family and we are giving it to the big guy, and he does not need it because he just got a 253-percent pay raise. Mr. President, there has to be some rightness here. There has to be some justice here. We have to be in the business of doing the right thing and taking care of the people who we were sent here to take care of. Thank you very much, Mr. President. Schuylkill, Senator Argall. Senator ARGALL. Mr. President, we do not often take a moment here on the floor of the Senate to talk about something that has actually gone right, but I would like to do that. I would like to take just a minute to thank some very hardworking legislative committee staff for their very hard work on Senate Bill No My bill would extend protection to firefighters who have acquired cancer as a result of their firefighting duties, either as a professional or as a volunteer. This bill has been around in one way or another in the House and the Senate for many years. It was, of course, vetoed by Governor Rendell last Session, but we believe it now represents a very realistic compromise as a result of some very considerable efforts by both the organizations representing our townships, our cities, and our boroughs, as well as by those organizations representing our firefighters all across Pennsylvania. Our goal is very basic: to extend a simple protection to our firefighters while protecting our local communities from costly and overly burdensome mandates from Pennsylvania. This bill is the result of many, many months of hard work by staff of the Senate Committee on Labor and Industry. Today, the legislation was approved by the Senate Committee on Appropriations. I believe it is important for all of us to note that we have almost 70,000 volunteer firefighters in 2,400 fire departments here in Pennsylvania. They deserve protection not only in the line of duty, but in the years following their service to our communities. Many of us have talked to a large group of volunteer firemen over the years, talking about the fact that Pennsylvania is indeed the birthplace of volunteer fire service here in North America. The savings to the taxpayers by having those volunteer firefighters is very considerable. Estimates vary from $3 billion to $6 billion a year in savings to Pennsylvania taxpayers. And so, whether we are talking about our volunteers or whether we are talking about our professionals, certainly their service extends far beyond our local communities, their value is felt all across Pennsylvania. So, as many brave men and women, both volunteers and professionals throughout our State, risk their lives daily for our public safety and protection, I believe it is important that we should protect them, those who contract cancer while in the line of duty, and that is why I introduced this legislation. That is why I am very pleased to thank the staff that has worked so hard to get this bill to this stage, and that is why I look forward to asking my colleagues very shortly to support it here on the floor of the Senate. Thank you, Mr. President. Philadelphia, Senator Farnese.

15 2011 LEGISLATIVE JOURNAL - SENATE Senator FARNESE. Mr. President, I rise to follow up on some of the impassioned comments of my colleague from Philadelphia, the Minority Chairman of the Committee on Appropriations. He talked about the idea of job Creation, the idea of job expansion and economic development that has purportedly been a topic that both sides have discussed. During the Budget Address a few weeks ago, it became clear that on this issue of job Creation and job development and economic viability of the Commonwealth, that the two parties really are on different sides of this discussion. In our Chamber, the Senate Democrats, in our Caucus, have been at the job creation table since well before the budget was announced. We were ready then, and we remain ready right now with a strategy to address the economic needs of our citizens and to minimize the costs of doing business in the Commonwealth of Pennsylvania. Most importantly, Mr. President, we are focused on one goal, and that is getting people back to work. The PA Works plan rolled out by the Senate Democrats in February is our approach. PA Works is rooted in outcome-based programs with proven track records of success. It focuses on emerging technologies and targets job training. This six-point plan will put 28,000 people back to work and save $150 million in State money to leverage over $2 billion in new private investments. And yes, the Senate Democrats have been talking about this for months. For months. Pennsylvania has emerged as a world leader in green energy technology. A prime example of our leadership in this area can be seen at the Philadelphia Navy Yard, where The Greater Philadelphia Innovation Cluster for Energy-Efficient Buildings recently received a $129 million Federal grant. This type of investment will enable Pennsylvania to develop family-sustaining green jobs. Our plan, PA Works, continues to develop family-sustaining green jobs and puts money back into green jobs work training centers, again, which are going to get people back to work. Senate Bill No. 364, introduced by my colleague from Philadelphia, Senator Kitchen, would reallocate $15 million in unused funds over 3 years from the pollution control technology projects. These funds would be available to eligible entities who offer job training in green industries. Another area we looked to maximize our investment returns was in job training itself. Senator Yudichak's bill would allow Pennsylvania to fully leverage existing Federal subsidies that are currently undercapitalized. This can be accomplished through consolidation of job training services within the Department of Labor, including Vocational Education Programs, Youth Development Institutions, and New Directions training. And these are all for public assistance recipients. Senator Yudichak's bill would create a one-stop shop for job training programs, making it easier for those in need to find the right training and the right program for them. Again, Mr. President, it is all directed at getting Pennsylvanians back to work. The entire nation, as we know, is suffering from a lack of skilled workers. In order to address the need of small businesses that are ready and able to hire, we have looked to other States' innovative and proven strategies to better educate our underskilled workforce. From this approach, our colleague, Senator Tartaglione from Philadelphia, has introduced legislation establishing the Train-to-Work PA program. This program is based on the highly successful Georgia Works model. Georgia Works helped reduce unemployment and enabled the unem- ployed to quickly return to the workforce. This employer-driven program would subsidize up to 80 percent of wages for employees receiving on-the-job training for permanent employment. The priority trainee would be someone already receiving unemployment compensation. This program can be funded out of existing funding streams, including the industry partnerships funds and the dislocated worker funds. Again, the point that we have stressed and that we will continue to stress as part of our PA Works plan, the Senate Democrats, is that it is not going to cost any taxpayer money - existing funds leveraged against Federal dollars, in some cases. The legislation would also urge the Department of Labor and Industry to apply for additional funding under the Workforce Investment Act. Mr. President, these are just a few of the ideas the Senate Democrats have put forth in our effort to create jobs and make Pennsylvania more friendly to business. We believe that these bills and the other Pennsylvania Works legislation will be an integral part of creating a more vibrant climate for our workforce and further reducing the number of unemployed Pennsylvanians. We are ready and willing, and we have been at the table and will remain at the table to discuss these issues and this legislation with our colleagues not just across this aisle, but in this entire Chamber. Like my colleague, Senator Hughes, said, at some point, we can no longer remain silent. We have to take action. The time to take action is now. This administration talks about putting this budget on an expedited track. Well, if it is on an expedited track, then talk around this Chamber and this building better begin very quickly. And I cannot understand, if job training and job development and economic development are the issues of the day, why we have not been engaged and why I do not see this administration reaching out to discuss at least some of the legislative initiatives that this Chamber or this Senate Democratic Caucus has come up with. Again, the time to act is now. And I sincerely hope, Mr. President, that we can begin to have meaningful discussions on bringing this budget to a close, but more importantly, more importantly than just bringing this budget to a close is to get Pennsylvanians back to work. Because that is what the Senate Democrats stand for, getting people back to work and creating jobs, and we are very ready to do it. Thank you, Mr. President. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITTEE MEETINGS MONDAY, APRIL 11, :00 A.M. STATE GOVERNMENT (public hearing Room 461 to consider the nomination of Carol Main Capitol Aichele as Secretary of the Commonwealth) Off the Floor APPROPRIATIONS (to consider Senate Rules Cmte. Bills No. I, 58, 274, 654 and 745; and Conf. Rm. House Bill No. 377)

16 290 LEGISLATIVE JOURNAL - SENATE APRIL 11, Off the Floor RULES AND EXECUTIVE Rules Cmte. NOMINATIONS (to consider certain Conf. Rm. executive nominations) TUESDAY. APRIL 12, :00 A.M. BANKING AND INSURANCE (to Senate Maj. consider the nomination of Glenn Moyer Caucus Rm. as Secretary of Banking; and Senate Bill No. 118) 10:00 A.M. LOCAL GOVERNMENT (to consider Rm. 8E-A Senate Bills No. 375, 386, 725, 726, 828, East Wing 829, 830, 831, 832 and 834; and Senate Resolution No. 44; and a discussion on local health enforcement hearing and subpoena authorization) 10:00 A.M. STATE GOVERNMENT (confirmation Hrg. Rm. I heating and committee meeting to consider North Off. the nomination of the Hon. Carol Aichele for appointment as Secretary of the Commonwealth; and to consider Senate Bills No. 263 and 916 WEDNESDAY, MAY 4, :00 A.M. FINANCE (public hearing on the Hrg. Rm. I requirements for collecting sales tax on North Off. transactions made over the Internet) RECESS Lehigh, Senator Browne. Senator BROWNE. Mr. President, I move that the Senate do now recess until Tuesday, April 12, 2011, at 1 p.m., Eastern Daylight Saving Time, unless sooner recalled by the President pro tempore. The motion was agreed to by voice vote. The Senate recessed at 6:10 p.m., Eastern Daylight Saving Time. 11:30 A.M. JUDICIARY (confirmation heating on the Rm. 8E-B nomination of John E. Wetzel as Secretary East Wing of Corrections and to consider Senate Bills No. 626, 815, 816, 817, 818 and 850; and House Bill No. 38) 12:30 P.M. CONSUMER PROTECTION AND Rm. 8E-A PROFESSIONAL LICENSURE (to East Wing consider Senate Bills No. 27, 321, 366, 419, 747 and 932) WEDNESDAY, APRIL :00 A.M. TRANSPORTATION (public hearing on Hrg. Rm. I the PA Turnpike Commission) North Off. 9:30 A.M. FINANCE (to consider Senate Bills No. Room , 318, 320,405, 564,634 and 704) Main Capitol 9:30 A.M. VETERANS AFFAIRS AND Rm. 8E-B EMERGENCY PREPAREDNESS East Wing (confirmation hearing for Adjutant General of Pennsylvania, Major General Wesley E. Craig) 10:00 A.M. AGING AND YOUTH (to consider the Rm. 8E-A nomination of Brian M. Duke as Secretary East Wing of Aging) 10:00A.M. AGRICULTURE AND RURAL AFFAIRS Room 461 (the nomination of George Greig as Main Capitol Secretary of Agriculture) 10:00 A.M. LAW AND JUSTICE (public hearing on Sen. Maj. legislative proposals from Joe Conti of the Caucus Rm. PA Liquor Control Board) 2:00 P.M. PUBLIC HEALTH AND WELFARE Hrg. Rm. I (public hearing on abortion clinic North Off. legislation referred to the committee) MONDAY. APRIL 18, :00 P.M. LOCAL GOVERNMENT (public hearing Palpack on local enforcement of health laws) Alumni Ctr. POSTPONED DrexellJniv. Phila, PA