COMMONWEALTH OF PENNSYLVANIA TUESDAY, JUNE 12, 2007

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1 COMMONWEALTH OF PENNSYLVANIA TUESDAY, JUNE 12, 2007 SESSION OF ST OF THE GENERAL ASSEMBLY No. 41 SENATE TUESDAY, June 12,2007 The Senate met at 1 p.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Governor Catherine Baker Knoll) in the Chair. PRAYER The Chaplain, Reverend SCOTT MANGANELLA, of Precious Life Church, Altoona, offered the following prayer: Would you bow together with me. Almighty God and Father, it is with awe and reverence that we come into Your presence. We recognize the great calling that You have given this august body. We understand that government has been ordained by You and it is no mistake that the men and women who are gathered in this chamber are here today. It is not simply a matter of votes, but Your word declares that it is You who sets up kings and sets them down. It is You who sets up rulers and places them down, and Father, we thank You that You have brought this group of men and women together in this place at this time for this great Commonwealth. Lord, it is with a sense of pride that we stand in this chamber recognizing not just the great history but the awesome responsibility that these men and women bear. Father, might they understand this morning that You have called them ministers of God. Just as much as any priest, any pastor, any rabbi, anyone who stands behind the sacred desk and declares the word of God, these men and women, according to Your word, are ministers, ministers of God. Father, it would be our prayer this morning that You would take these men and women and accomplish the great purposes that You have for them. We thank You so much for the privilege of being able to be here. We ask, Dear Lord, Your blessings upon this body, upon the Senate, the House, our Governor, Lieutenant Governor, and all those who are in authority over us, because You have told us we ought to pray for them. So Father, we pray for them today and ask Your blessings upon them as they work out Your will for the Commonwealth of Pennsylvania, for it is in Your Son's name we pray. Amen. The PRESIDENT. The Chair thanks Reverend Manganella, who is the guest today of Senator Eichelberger. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: INSURANCE COMMISSIONER OF PENNSYLVANIA To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 12,2007 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Joel S. Ario, 6867 Quarry Road, NE, Silverton, Oregon 97381, for appointment as Insurance Commissioner of Pennsylvania, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified, vice The Honorable M. Diane Koken, Lancaster, resigned. EDWARD G. RENDELL Governor MEMBER OF THE PENNSYLVANIA PUBLIC TELEVISION NETWORK COMMISSION To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 12, 2007 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, John Saler, 350 Llandillo Road, Bala Cynwyd 19004, Montgomery County, Seventeenth Senatorial District, for appointment as a member of the Pennsylvania Public Television Network Commission, to serve until August 17, 2011, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Lita Indzel Cohen, Merion, whose term expired. EDWARD G. RENDELL Governor RECALL COMMUNICATION 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:

2 632 LEGISLATIVE JOURNAL SENATE JUNE 12, INSURANCE COMMISSIONER OF PENNSYLVANIA To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 12, 2007 In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated May 18, 2007, for the appointment of B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, as Insurance Commissioner of Pennsylvania, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified, vice The Honorable M. Diane Koken, Lancaster, resigned. I respectfully request the return to me of the official message of nomination on the premises. EDWARD G. RENDELL Governor GENERAL COMMUNICATION AUDITOR GENERALS 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 Joseph B. Scamati President Pro Tempore PENNSYLVANIA SENATE 292 Main Capitol Building Harrisburg, Pennsylvania Dear Senator Scamati: June 5, 2007 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 May 22,2007. 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 Governor 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 the outstanding net debt as of June 7, 2007[sic] $ 6,648,456,745 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 June 7, 2007[sic] $41,540,445,765 IN TESTIMONY WHEREOF, I have hereto set my hand and affixed the seal of the Auditor General, this 5th day of June JACK WAGNER Auditor General Commonwealth of Pennsylvania RESOLUTIONS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Resolutions numbered, entitled, and referred as follows, which were read by the Clerk: June Senators STOUT, MUSTO, DINNIMAN, KASUNIC and M. WHITE presented to the Chair SR 129, entitled: A Resolution opposing the designation of national interest electric transmission corridors and memorializing the Congress of the United States to repeal or modify certain provisions of the Energy Policy Act of2005. Which was committed to the Committee on ENVIRONMENTAL RESOURCES AND ENERGY, June 11, Senators SCARNATI, PILEGGI, ARMSTRONG, ORIE, WAUGH, ROBBINS, PUNT, M. WHITE, ERICKSON, GREENLEAF, FOLMER, GORDNER, McILHINNEY, RAFFERTY, PIPPY, EARLL, D. WHITE, FERLO, BOSCOLA, FONTANA, LOGAN, FUMO, COSTA, LAVALLE and WASHINGTON presented to the Chair SR 131, entitled: A Resolution honoring Dan Michaels, Kimio Nelson, Keith Sorensen and John Zingone, deputy sherififs in Warren County, Pennsylvania, for their prominent role in the September 8, 2006, apprehension of a New York State fugitive who later pled guilty to the fatal shooting of one New York State Trooper and the wounding of two other troopers. Which was committed to the Committee on RULES AND EXECUTIVE NOMINATIONS, June 11,2007. Senators GREENLEAF, PILEGGI, ARMSTRONG, ORIE, ROBBINS, FONTANA, BOSCOLA, FERLO, RAFFERTY, ERICKSON, D, WHITE, FUMO, WONDERLING, STACK and WASHINGTON presented to the Chair SR 135, entitled: A Resolution directing the Joint State Government Commission to establish a task force and advisory committee to study the distribution and use of methadone, including the diversion of methadonefromits proper and legal uses, and to make a report to the Senate on the distribution and use of methadone, including recommendations for changes in State law and regulations.

3 2007 LEGISLATIVE JOURNAL SENATE 633 Which was committed to the Committee on JUDICIARY, June 11, APPOINTMENTS BY THE MINORITY LEADER The PRESIDENT. The Chair wishes to announce the Minority Leader has made the following appointments: Senator Jim Ferlo as a member of the Port of Pittsburgh Commission and as a member of the Pennsylvania Historical and Museum Commission. Senator Wayne Fontana as a member of the Pennsylvania Public Television Network Commission. Senator Vincent J. Fumo as a member of the Pennsylvania Housing Advisory Committee and as a member of the Legislative Data Processing Committee. Senator Vincent J. Hughes as a member of the Executive Committee of the Joint State Government Commission and as a member of the Community Service Advisory Board. Senator Richard A. Kasunic as a member of the Hardwoods Development Council. Senator Sean F. Logan as a member of the Legislative Data Processing Committee. Senator Raphael J. Musto as a member of the Mining and Reclamation Advisory Board, as a member of the Recycling Fund Advisory Committee, as a member of the Pennsylvania Infrastructure Investment Authority (PENNVEST) and as a member of the Education Commission of the States. Senator Michael A. O'Pake as a member of the Pennsylvania Commission on Crime and Delinquency. Senator LeAnna M. Washington as a member of the Intra- Govemmental Council on Long-Term Care. Mr. James P. Cappucci as a member of the State Agricultural Land Preservation Board. Mr. Charles F. Harvey as a member of the Workers' Compensation Advisory Council. BILLS REPORTED FROM COMMITTEES Senator ARMSTRONG, from the Committee on Appropriations, reported the following bills: SB 929 (Pr. No. 1112) A Supplement to the act of April 1, 1863 (P.L.213, No.227), entitled "An act to accept the grant of Public Lands, by the United States, to the several states, for the endowment of Agricultural Colleges," making appropriations for carrying the same into effect; and providing for a basis for payments of such appropriations, for a method of accounting for the funds appropriated and for certain fiscal information disclosure. SB 930 (Pr. No. 1113) A Supplement to the act of July 28, 1966 (3rd Sp.Sess., P.L.87, No.3), known as the University of Pittsburgh-Commonwealth Act, making appropriations for Carrying the same into effect; providing for a basis for payments of such appropriations, for a method of accounting for the funds appropriated and for certain fiscal information disclosure. SB 931 (Pr. No. 1114) A Supplement to the act of November 30, 1965 (P.L.843, No.355), known as the Temple University-Commonwealth Act, making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated and for certain fiscal information disclosure. SB 932 (Pr. No. 1115) A Supplement to the act of July 7, 1972 (RL.743, No. 176), known as the Lincoln University-Commonwealth Act, making an appropriation for carrying the same into effect; providing for a basis for payments of the appropriation; and providing a method of accounting for the funds appropriated and for certain fiscal information disclosure. SB 933 (Pr. No. 1116) An Act making an appropriation to the Trustees of Drexel University, Philadelphia. SB 934 (Pr. No. 1117) An Act making appropriations to the Trustees of the University of Pennsylvania. SB 935 (Pr. No. 1118) An Act making appropriations to the Philadelphia Health and Education Corporation for the Colleges of Medicine, Public Health, Nursing and Health Professions and for continuation of pediatric services. SB 936 (Pr. No. 1119) An Act making appropriations to the Thomas Jefferson University, Philadelphia. SB 937 (Pr. No. 1120) An Act making an appropriation to the Philadelphia College of Osteopathic Medicine, Philadelphia. SB 938 (Pr. No. 1121) An Act making an appropriation to the Pennsylvania College of Optometry, Philadelphia. SB 939 (Pr. No. 1122) An Act making an appropriation to the University of the Arts, Philadelphia, for instruction and student aid. SB 940 (Pr. No. 1123) An Act making appropriations to the Trustees of the Berean Training and Industrial School at Philadelphia for operation and maintenance expenses. SB 941 (Pr. No. 1124) An Act making an appropriation to the Johnson Technical Institute of Scranton for operation and maintenance expenses.

4 634 LEGISLATIVE JOURNAL SENATE JUNE 12, SB 942 (Pr. No. 1125) An Act making an appropriation to the Williamson Free School of Mechanical Trades in Delaware County for operation and maintenance expenses. SB 943 (Pr. No. 1126) An Act making an appropriation to the Lake Erie College of Osteopathic Medicine, Erie. SB 944 (Pr. No. 1127) An Act making an appropriation to the Fox Chase Institute for Cancer Research, Philadelphia, for the operation and maintenance of the cancer research program. SB 945 (Pr. No. 1128) An Act making an appropriation to the Wistar Institute, Philadelphia, for operation and maintenance expenses and for AIDS research. SB 946 (Pr. No. 1129) An Act making an appropriation to the Central Penn Oncology Group. SB 947 (Pr. No. 1130) An Act making an appropriation to the Lancaster Cleft Palate for outpatient-inpatient treatment. SB 948 (Pr. No. 1131) An Act making an appropriation to the Bum Foundation, Philadelphia, for outpatient and inpatient treatment. SB 950 (Pr. No. 1132) An Act making an appropriation to The Children's Institute, Pittsburgh, for treatment and rehabilitation of certain persons with disabling diseases. SB 951 (Pr. No. 1133) An Act making an appropriation to The Children's Hospital of Philadelphia for comprehensive patient care and general maintenance and operation of the hospital. SB 952 (Pr. No. 1134) An Act making an appropriation to the Beacon Lodge Camp. SB 953 (Pr. No. 1135) An Act making appropriations to the Carnegie Museums of Pittsburgh for operations and maintenance expenses and the purchase of apparatus, supplies and equipment. SB 954 (Pr. No. 1136) An Act making an appropriation to the Franklin Institute Science Museum for maintenance expenses. SB 955 (Pr. No. 1137) An Act making an appropriation to the Academy of Natural Sciences for maintenance expenses. SB 956 (Pr. No. 1138) An Act making an appropriation to the African-American Museum in Philadelphia for operating expenses. SB 957 (Pr. No. 1139) An Act making an appropriation to the Everhart Museum in Scranton for operating expenses. SB 958 (Pr. No. 1140) An Act making an appropriation to the Mercer Museum in Doylestown, Pennsylvania, for operating expenses. SB 959 (Pr. No. 1141) An Act making an appropriation to the Whitaker Center for Science and the Arts in Harrisburg, Pennsylvania, for operating expenses. Senator VANCE, from the Committee on Aging and Youth, reported the following bills: SB 171 (Pr. No. 1164) (Amended) An Act establishing the Grandparent Caregiver Support Program. SB 811 (Pr. No. 995) An Act providing for long-term living facility licensure information; and imposing duties on the Department of Aging, the Department of Health and the Department of Public Welfare. Senator PICCOLA, from the Committee on State Government, reported the following bills: SB 648 (Pr. No. 700) An Act authorizing the Department of General Services, with the approval of the Department of Military and Veterans Affairs and the Governor, to grant and convey, at a price to be determined through a competitive bid process, certain lands, buildings and improvements situate in the Borough of Ligonier, Westmoreland County. SB 752 (Pr. No. 828) An Act amending the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, providing for acceptable data. SB 810 (Pr. No. 907) An Act authorizing and directing the Department of General Services, with the approval of the Governor, to grant and convey certain lands situate in the City of Pittston, Luzerne County, to the Redevelopment Authority of the City of Pittston.

5 2007 LEGISLATIVE JOURNAL SENATE 635 LEGISLATIVE LEAVE Lackawanna, Senator Mellow. Senator MELLOW. Madam President, I request temporary Capitol leaves for Senator Tartaglione and Senator Connie Williams. The PRESIDENT. Senator Mellow requests temporary Capitol leaves for Senator Tartaglione and Senator Connie Williams. Without objection, the leaves will be granted. SPECIAL ORDER OF BUSINESS JOURNAL APPROVED The PRESIDENT. The Journal of the Session of May 21, 2007, is now in print. A quorum of the Senate being present, the Clerk will read the Journal of the Session of May 21,2007. The Clerk proceeded to read the Journal. Senator PILEGGI. Madam 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: Armstrong Baker Boscola Browne Brubaker Corman Costa Dinniman Earll Eichelberger Erickson Ferlo Folmer Fontana Fumo Gordner Greenleaf Hughes Kasunic Kitchen LaValle Logan Madigan Mcllhinney Mellow Musto YEA-50 O'Pake Orie Piccola Pileggi Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout NAY-0 Tartaglione Tomlinson Vance Washington Waugh White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A majority of the Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. The Journal is approved. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR WAYNE D. FONTANA Allegheny, Senator Fontana. Senator FONTANA. Madam President, I rise to recognize a special group who traveled here todayfrompittsburgh, starting in the wee hours of the morning. The name of the group is Let Our Voices Be Heard. They are here today for their action and advocacy day in Harrisburg. This is a mental health association in Allegheny County, and there are about 60 people in attendance today. They are here to tour the Capitol and are taking the opportunity to visit some of their legislators. Would the Senate please welcome the group Let Our Voices Be Heard. The PRESIDENT. Will all our guestsfromlet Our Voices Be Heard please rise so we can welcome you. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Tartaglione has returned, and her temporary Capitol leave is cancelled. GUESTS OF SENATOR MICHAEL L. WAUGH York, Senator Waugh. Senator WAUGH. Madam President, it is that time of the year, I would imagine most of us have an intern or two around our office either here in the Capitol or back home in our district. I have joining me today at my Capitol office, Matt Dagette. Matt is presently interning through our district office in the city of York. He is a graduatefrompenn State, where he majored in political science and history. Matt plans on attending law school at the University of Baltimore in the fall. One of the things that Matt enjoys is ice hockey. I ask that my fellow Members give Matt a very warm welcome. The PRESIDENT. Would Matt please rise so we can give you a warm welcome. GUESTS OF SENATOR DON WHITE Indiana, Senator Don White. Senator D. WHITE. Madam President, I am pleased today to introduce a young constituentfrommy district, Ciara Strickland. Ciara submitted the winning entry in the "There Ought to be a Law" essay competition that I hold every year for fourth grade students in the district. Ciara suggested that every public television and radio station immediately post pictures and give important information to help locate missing children. I feel this is truly worth legislative consideration. Ciara is a great student at Curwensville Elementary School in Curwensville, Clearfield County. She enjoys basketball, soccer, reading, writing stories, crafts, and spending time with her family. She is accompanied in the gallery by her parents, Rich and Michele Strickland, her sister, Savannah, her teacher, Mr. Todd Butler, and his daughter, Krista. Also in the gallery is Tammy Weaver, of my Indiana County staff, and our two summer interns, Amelia DeGory and Katie Ackerman. I would appreciate a warm Senate welcome for each of these guests. The PRESIDENT. Would Ciara Strickland, her family and guests, and the Senator's Indiana County staff and interns please rise so we can give you a nice warm welcome.

6 636 LEGISLATIVE JOURNAL SENATE JUNE 12, GUESTS OF SENATOR ROBERT TOMLINSON Bucks, Senator Tomlinson. Senator TOMLINSON. Madam President, I am pleased to introduce Raymond Harrison, who is serving as guest Page today. Raymond isfrombensalem, Bucks County, going into his senior year at Bucks County Technical School. He is joined today by his parents, Kenneth and Susan Harrison, and his 5- year-old sister, Rachel. They enjoy visiting historical places throughout Pennsylvania, in fact, last summer they traveled along Route 6 in Pennsylvania. I would like to ask the Senate to welcome my guest Page and his family. The PRESIDENT. Would Raymond Harrison and his family please rise so we can welcome you. GUESTS OF SENATOR JOHN EICHELBERGER Blair, Senator Eichelberger. Senator EICHELBERGER. Madam President, I rise to introduce Twila Manganella, who is here with our Chaplain today, Scott, and she is seated in the gallery; she is joined by three other guests from the 30th District, Renee Cohn, Anne Zelnosky, and Nancy Head. Please join me in welcoming them to the Pennsylvania Senate. The PRESIDENT. Would you all please rise so we can welcome you. GUESTS OF SENATOR CHARLES McILHINNEY Bucks, Senator Mcllhinney. Senator McILHINNEY. Madam President, it is my pleasure to introduce Joyce Cooney, a former Senate employee and a goodfriendand constituentfromdoylestown. Accompanying Joyce is her son, Owen, and hisfriendblake, and Mrs. Linda Szymanski, Blake's mom. Both are fourth grade studentsfromlinden Elementary School in Doylestown. Please join me in welcoming them with a warm Senate welcome. The PRESIDENT. Would Senator Mcllhinney's guests please rise so we can give you a warm Senate welcome. GUESTS OF SENATOR MIKE FOLMER PRESENTED TO SENATE Lebanon, Senator Folmer. Senator FOLMER. Madam President, I am very honored and pleased to introduce a guest Page all the way from Lakeland, Florida, Tiffany Bachman, who happens to be the granddaughter of Jackie Bachman, one of our Pages. She is here with her father, Lance, and Madison. Tiffany is a junior at Lake Gibson High School and is on the tennis team, which she loves. After she graduates she wants to be a nurse. Please give Tiffany and her family a warm welcome. The PRESIDENT. Would Tiffany and her family please rise so we can give you a warm Senate welcome. GUESTS OF SENATOR MICHAEL BRUBAKER Lancaster, Senator Brubaker. Senator BRUBAKER. It is my honor to introduce today my constituent, Samantha Santoro. On May 3, 2007, at the 222 Dutch Bowling Lanes in Ephrata, Samantha broke the Pennsylvania and National Junior Girls' Bowling Series records. She rolled herfifthstraight 300 game in this record series. In addition to this honor, Samantha is also the 2007 Eastern Pennsylvania High School Girls' Singles champion and is looking forward to bowling this July in Buffalo, New York, in the United States Bowling Congress Youth Junior Gold Championship and Youth Open Championship. Samantha is a junior at Cocalico High School and is the daughter of Nicholas and Marci Santoro. Madam President and fellow Members, please join me in welcoming Samantha and her parents to the Senate of Pennsylvania. The PRESIDENT. Will Samantha and her parents please rise so we can give you a nice warm welcome. GUESTS OF SENATOR MICHAEL A, OTAKE Berks, Senator O'PAKE. Senator O'PAKE. Madam President, visiting the Capitol today are nurse practitionersfromthroughout Pennsylvania, and two of them are in the galleryfromberks County. I would like the Chair to welcome Cindy Dimovitz, who isfrommohrsville, and Sharon Zacckey, who isfrommohnton. The PRESIDENT. Would Cindy Dimovitz and Sharon Zacckey please rise so we can give you a nice warm welcome. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Connie Williams has returned, and her temporary Capitol leave is cancelled. GUESTS OF SENATOR CONSTANCE WILLIAMS The PRESIDENT. The Chair recognizes the gentlewoman from Montgomery, Senator Connie Williams. Senator C. WILLIAMS. Madam President, I have the pleasure of having two groups of guests visiting today. They were both high bidders on visiting the Senate and the Capitol, and I share one group with Senator Dinniman. They are from Senator Dinniman's district, but they put their bid in at an Ardmore Rotary function, and I am very delighted to have with us today

7 2007 LEGISLATIVE JOURNAL SENATE 637 Dr. Helise Bichefsky, an internist, her husband, David Reilly, who is a cardiac nurse, their son Jarrod, who is 8 and had a lot of interesting questions, and his neighbor and good friend, Alejendro Macaroon. They are from Malvern, but they came on an Ardmore Rotary auction trip. I am delighted they are here today and hope they are having a good time. The PRESIDENT. Would Dr. Helise Bichefsky, David Reilly, and other guests please rise so we may welcome you. Senator C. WILLIAMS. Madam President, the second group I have visiting today are students who have just graduated from Lower Merion High School and who had bid on and won the trip at "A Taste of Lower Merion," a charity event at the high school. I am very proud that these four students are going off to some wonderful colleges - Penn State, the University of Chicago, Swarthmore, and Johns Hopkins University. I would like to introduce Tom Smith, Seth Berlin, Sarah Hawkins, and Andrew Karasik. I am delighted that they are here today to see us in action. The PRESIDENT. Will our four new graduates please rise so we can welcome you. Good luck in the fixture. RECESS The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator Orie. Senator ORIE. Madam President, I request a recess of the Senate for the purpose of a Republican caucus. Berks, Senator O'Pake. Senator O'PAKE. Madam President, I ask the Democrats to report to our caucus room immediately. The PRESIDENT. For purposes of 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. LEGISLATIVE LEAVES Delaware, Senator Pileggi. Senator PILEGGI. Madam President, I request a temporary Capitol leave for Senator Piccola. The PRESIDENT. Senator Pileggi requests a temporary Capitol leave for Senator Piccola. The Chair recognizes the gentleman from Philadelphia, Senator Fumo. Senator FUMO. Madam President, I request a temporary Capitol leave for Senator Connie Williams. The PRESIDENT. Senator Fumo requests a temporary Capitol leave for Senator Connie Williams. Without objection, the leaves will be granted. CALENDAR BILL ON CONCURRENCE IN HOUSE AMENDMENTS SENATE CONCURS IN HOUSE AMENDMENTS SB 218 (Pr. No. 1056) - The Senate proceeded to An Act amending the act of December 31, 1965 (P.L. 1257, No.511), known as The Local Tax Enabling Act, providing for local services taxes; repealing provisions relating to emergency and municipal services taxes and to continuation of occupational privilege taxes; and making editorial changes. Will the Senate concur in the amendments made by the House to Senate Bill No. 218? Senator PILEGGI. Madam President, I move that the Senate do concur in the amendments made by the House to Senate Bill No Will the Senate agree to the motion? The yeas and nays were required by Senator PILEGGI and were as follows, viz: Armstrong Baker Boscola Browne Brubaker Corman Costa Dinniman Earll Eichelberger Erickson Ferlo Rafiferty Folmer Fontana Fumo Gordner Greenleaf Hughes Kasunic Kitchen LaValle Logan Madigan Mcllhinney Wonderling YEA-48 Mellow Musto O'Pake Orie Piccola Pileggi Pippy Punt Regola Rhoades Robbins Scamati NAY-2 Stack Stout Tartaglione Tomlinson Vance Washington Waugh White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance 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 inform the House of Representatives accordingly. THIRD CONSIDERATION CALENDAR BILL OVER IN ORDER SB 317 ~ Without objection, the bill was passed over in its order at the request of Senator PILEGGI.

8 638 LEGISLATIVE JOURNAL SENATE JUNE 12, BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 385 (Pr. No. 1152) - The Senate proceeded to An Act amending the act of July 9, 1990 (P.L.340, No.78), known as the Public Safety Emergency Telephone Act, providing for interconnected Voice over Internet Protocol service; and establishing the VoIP 911 Emergency Services Fund. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Baker Boscola Browne Brubaker Corman Costa Dinniman Earll Eichelberger Erickson Ferlo Folmer Fontana Fumo Gordner Greenleaf Hughes Kasunic Kitchen LaValle Logan Madigan Mcllhinney Mellow Musto YEA-50 O'Pake Orie Piccola Pileggi Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout NAY-0 Tartaglione Tomlinson Vance Washington Waugh White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak 11: Amend Sec. 1 (Sec. 304), page 3, by inserting between lines 10 and (8) Agriculture. (9) Health and welfare concerns. 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. BILL OVER IN ORDER SB 826 ~ Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 834 (Pr. No. 970) - The Senate proceeded An Act amending the act of June 14, 1961 (P.L.324, No.188), known as The Library Code, further providing for appointment, qualification and tenure of members of the Advisory Council on Library Development. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: to 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. BILLS OVER IN ORDER SB 466 and SB 688 ~ Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL AMENDED SB 799 (Pr. No. 891) ~ The Senate proceeded to Armstrong Baker Boscola Browne Brubaker Corman Costa Dinniman Earll Eichelberger Erickson Ferlo Folmer Fontana Fumo Gordner Greenleaf Hughes Kasunic Kitchen LaValle Logan Madigan Mcllhinney Mellow Musto YEA-50 O'Pake Orie Piccola Pileggi Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout NAY-0 Tartaglione Tomlinson Vance Washington Waugh White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak An Act amending the act of June 30,1987 (P.L.163, No.16), known as the Rural Pennsylvania Revitalization Act, further providing for board of directors and for grants. Will the Senate agree to the bill on third consideration? Senator GORDNER offered the following amendment No. A1339: 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. HB 876 (Pr. No. 1446) ~ The Senate proceeded to

9 2007 LEGISLATIVE JOURNAL SENATE 639 An Act amending Title 71 (State Government) of the Pennsylvania Consolidated Statutes, further providing for the employer contribution rate. 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: Armstrong Baker Boscola Browne Brubaker Corman Costa Dinniman Earll Eichelberger Erickson Ferlo Folmer Fontana Fumo Gordner Greenleaf Hughes Kasunic Kitchen LaValle Logan Madigan Mcllhinney Mellow Musto YEA-50 O'Pake Orie Piccola Pileggi Pippy Punt Rafiferty Regola Rhoades Robbins Scamati Stack Stout NAY-0 Tartaglione Tomlinson Vance Washington Waugh 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 return said bill to the House of Representatives with information that the Senate has passed the same without amendments. BILL OVER IN ORDER SB 877 ~ Without objection, the bill was passed over in its order at the request of Senator PILEGGI. SECOND CONSIDERATION CALENDAR BILL OVER IN ORDER SB 7 - Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL ON SECOND CONSIDERATION SB 87 (Pr. No. 121) - The Senate proceeded to consideration of the bill, entitled: An Act amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, providing for contracting with veteran-owned businesses; and imposing duties on the Department of General Services. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 246, SB 333, SB 612, SB 674 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL ON SECOND CONSIDERATION SB 726 (Pr. No. 882) - The Senate proceeded to An Act amending the act of August 24, 1963 (P.L. 1175, No.497), known as the Mechanics' Lien Law of 1963, further providing for definitions, for waiver of lien by claimant, for right to limit claims to unpaid balance of contract price and for priority of lien. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 737 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL ON SECOND CONSIDERATION SB 844 (Pr. No. 1142) - The Senate proceeded to An Act amending the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act, defining "qualified association"; further providing for prohibited acts and for duties of licensee generally; and providing for handling of deposits and other escrows. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILL OVER IN ORDER SB 896 ~ Without objection, the bill was passed over in its order at the request of Senator PILEGGI. RECESS Delaware, Senator Pileggi. Senator PILEGGI. Madam President, I request a recess of the Senate for the purpose of a meeting of the Committee on Rules and Executive Nominations, to be followed by a meeting of the Committee on Appropriations, to be held immediately in the Rules room. The PRESIDENT. For purposes of meetings of the Committee on Rules and Executive Nominations, to be followed by the Committee on Appropriations, to be held immediately in the Rules room, without objection, the Senate stands in recess.

10 640 LEGISLATIVE JOURNAL SENATE JUNE 12, AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. BILLS REPORTED FROM COMMITTEES Senator PILEGGI, from the Committee on Rules and Executive Nominations, reported the following bill: SB 437 (Pr. No. 853) (Rereported) (Concurrence) An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, further providing for the adoption of regulations. Senator ARMSTRONG, from the Committee on Appropriations, reported the following bill: HB 906 (Pr. No. 1887) (Amended) (Rereported) An Act amending the act of July 31, 2003 (P.L.73, No.17), known as the Volunteer Fire Company and Volunteer Ambulance Service Grant Act, further defining "volunteer ambulance service"; further providing for guidelines and procedures, for award of grants and for expiration of authority; providing for publication and notice, for special provisions; and repealing an obsolete act. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No. 1 BILL REREPORTED FROM COMMITTEE AS AMENDED ON SECOND CONSIDERATION HB 906 (Pr. No. 1887) - The Senate proceeded to An Act amending the act of July 31, 2003 (P.L.73, No.17), known as the Volunteer Fire Company and Volunteer Ambulance Service Grant Act, further defining "volunteer ambulance service"; further providing for guidelines and procedures, for award of grants and for expiration of authority; providing for publication and notice, for special provisions; and repealing an obsolete act. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. UNFINISHED BUSINESS 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 the Pennsylvania Federation of Democratic Women by Senator Boscola. Congratulations of the Senate were extended to the Allentown Flag Day Association by Senator Browne. Congratulations of the Senate were extended to Suzanne E. Kresge by Senators Browne and Boscola. Congratulations of the Senate were extended to Michael J. Dominick, Roberta S. Perry and to Downingtown West High School's Generation 4 Africa Club by Senator Dinniman. Congratulations of the Senate were extended to Mr. and Mrs. Leonard Sauers by Senator Earll. Congratulations of the Senate were extended to Demetri J.M. Patitsas, Scott Fozard, Deborah Krise, Anna Harris and to Corey R. Campbell by Senator Eichelberger. Congratulations of the Senate were extended to Thomas J. Judge, Sr., by Senators Erickson and Pileggi. Congratulations of the Senate were extended to Charles Lundy, Jean C. Lundy, Janet Lundy, Lela Space, John Springer and to Andrew D. Springer by Senator Madigan. Congratulations of the Senate were extended to Matthew Belfanti by Senator Mellow. Congratulations of the Senate were extended to Robert L. Stevenson, Carl S. Merluzzi, Michael D. Kravelk and to Fred Hussar by Senator Musto. Congratulations of the Senate were extended to the General Federation of Women's Clubs Pocono Mountain Women's Club by Senators Musto, Mellow, and Rhoades. Congratulations of the Senate were extended to Samuel M. Bond by Senator O'Pake. Congratulations of the Senate were extended to Shirley M. Yates and to the Pennsylvania State Foster Parent Association Senator Piccola. Congratulations of the Senate were extended to St. Mary's Byzantine Catholic Church of Saint Clair by Senator Rhoades. Congratulations of the Senate were extended to Joel and Christie Straub by Senator Robbins. Congratulations of the Senate were extended to Vincent L. Devitt by Senator Tartaglione. Congratulations of the Senate were extended to Howard Clausen and to Ario C. Andreoli, Jr., by Senator Vance. Congratulations of the Senate were extended to Glenda Sue Gordon, Andrea Diane Taylor, Mable E. Rivers, Rosalee Pliner, Peggy Skinner, Jeannie Frasier Bryant, Judith A. DeLellis, Loretta Harriett Lear, Patricia Sharkey, Dr. Dilip Abayasekara and to Arlene L. Baxter by Senator Washington. Congratulations of the Senate were extended to William H. Swartz, Jr., by Senator Waugh. BILLS ON FIRST CONSIDERATION Senator STOUT. Madam President, I move that the Senate do now proceed to consideration of all bills reported from committees for the first time at today's Session. The motion was agreed to. The bills were as follows: SB 171, SB 648, SB 752, SB 810, SB 811, SB 929, SB 930, SB 931, SB 932, SB 933, SB 934 SB 935, SB 936, SB 937, SB 938, SB 939, SB 940, SB 941, SB 942, SB 943, SB 944, SB 945, SB 946, SB 947, SB 948, SB 950, SB 951, SB 952, SB 953, SB 954, SB 955, SB 956, SB 957, SB 958 and SB 959. And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration.

11 2007 LEGISLATIVE JOURNAL SENATE 641 BILL SIGNED The PRESIDENT (Lieutenant Governor Catherine Baker Knoll) in the presence of the Senate signed the following bill: SB 218. PETITIONS AND REMONSTRANCES Philadelphia, Senator Fumo. Senator FUMO. Madam President, last month, in an action that is probably unprecedented in American history during a time of war against a foreign foe, we witnessed former military commanders speaking out against the Iraq conflict in paid television advertising. Major General John Batiste and Major General Paul Eaton, both of whom commanded our troops in Iraq before they retired, actually appeared personally in ads sponsored by a group of Iraq and Afghanistan veterans to criticize George W. Bush's mismanagement of the war. Among many in the military, it is an unwritten code that general officers should not publicly disagree with the strategic decisions made by the commander-in-chief and his administration. Such outspoken public comments by highranking members of the military are always controversial. Imagine how disgusted Batiste and Eaton must have been with the course of events in Iraq to go public. They are patriotic Americans who have devoted their entire adult lives to the service of the'ir country in the Armed Forces. Imagine how worried they must be about the future of our nation, and especially the future of our military. Batiste said this in his ad, quote, "You did not listen, Mr. President. You continue to pursue the failed strategy that is breaking our great Army and Marine Corps. I left in protest in order to speak out. Mr. President, you have placed our nation in peril. My only hope is that Congress will act now to protect our fighting men and women." That is from a general in the United States Army. Here is Eaton's statement in the ad, "President Bush says he listens to his military commanders. Well, Mr. President, I was one of those commanders, and you weren't listening when we warned you of the dangers we'd face invading Iraq. Now our military is overcommitted, and America is less secure. Mr. President, you're being told we need serious diplomacy, not escalation. And you're still not listening. If the President won't listen, Congress must." As remarkable as those statements are coming from military generals, here is something that makes them even more noteworthy. They are not the least bit partisan. Batiste describes himself as a "die-hard Republican," and Eaton says that he voted for George W. Bush for President. One footnote on the Batiste ad: after retiring from the Army, he had been hired as a consultant to CBS News, but after he spoke out in the ad, CBS fired him. Yet, while it cost him financially, Batiste said he believes that because he was in a unique position of someone with high-level, first-hand knowledge of the situation in Iraq, that he had a responsibility to speak his mind for the good of the country. These two former generals are not the only loyal Republicans to speak out lately against George W. Bush's war in Iraq. None other than Peggy Noonan, who was a high-profile special assistant to President Ronald Reagan and a speechwriter in 1988 for candidate George H.W. Bush when he ran for President, blasted this administration in her column in the Wall Street Journal recently. Mainly, Noonan laments the current Bush presidency for the way it is tearing apart the conservative movement in this country on issue after issue, and she includes foreign policy among the problems. Here is what she had to say, quote, "The beginning of my own sense of separation from the Bush administration came in January 2005, when the President declared that it is now the policy of the United States to eradicate tyranny in the world, and that the survival of American liberty is dependent on the liberty of every other nation. This was at once so Utopian and so aggressive that it shocked me. For others, the beginning of distance might have been Katrina and the incompetence it revealed, or the depth of the mishandling and misjudgments of Iraq. What I came in time to believe is that the great shortcoming of this White House, the great thing it is missing, is simple wisdom," end quote. And of course, that lack of wisdom, besides being tragic for our country as a whole, results in deadly sacrifice from some of our soldiers. The killing goes on because of that lack of wisdom, because of that aggressive Bush arrogance of which Peggy Noonan writes. In 2007, the fifth year of this war, Americans continue to die. Pennsylvanians continue to die. The following two soldiers were our State's first two casualties of this calendar year. Sergeant Thomas E. Vandling, Jr., 26, of Pittsburgh, died January 1, New Year's Day, as most of the nation was probably peacefully watching college football bowl games. He died in Baghdad of wounds suffered when an IED detonated near his vehicle as he was on combat patrol. Sergeant Vandling was assigned to the 303rd Psychological Operations Company, a subordinate unit of the U.S. Army Civil Affairs and Psychological Operations Command. Sergeant 1st Class Keith A. Callahan, 31, of McClure, died January 24 of wounds suffered when an IED detonated while he was conducting a combat patrol south of Baghdad. Sergeant Callahan was assigned to the 2nd Battalion, 325th Airborne Infantry Regiment, 82nd Airborne Division. They are among the 3,512 Americans killed in Iraq since the war began. Another 25,830 have been wounded. Thank you, Madam President. The PRESIDENT. I ask all Senators and staff to stand to observe a moment of silence for Sergeant Thomas E. Vandling, Jr., and Sergeant 1st Class Keith A. Callahan. (Whereupon, the Senate en bloc stood in a moment of silence in solemn respect to the memory of Sergeant THOMAS E. VANDLING, JR., and Sergeant 1st Class KEITH A. CALLAHAN.) ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate:

12 642 LEGISLATIVE JOURNAL SENATE JUNE 12, SENATE OF PENNSYLVANIA COMMITTEE MEETINGS WEDNESDAY, JUNE :30 A.M. FINANCE (to consider Senate Bills No. 97,375, 690 and 961) Room 461 Main Capitol 10:00 A.M. 10:30 A.M. PUBLIC HEALTH AND WELFARE (to Room 461 consider Senate Bill No. 968; and any Main Capitol other business that may come before the committee) ENVIRONMENTAL RESOURCES AND Room 8E-A ENERGY (to consider Senate Bills No. East Wing 715 and 913) 10:45 A.M. APPROPRIATIONS (to consider House Room 461 Bill No. 1286) Main Capitol RECESS The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator Orie. Senator ORIE. Madam President, I move that the Senate do now recess until Wednesday, June 13,2007, at 11 a.m., Eastern Daylight Saving Time. The motion was agreed to by voice vote. The Senate recessed at 4:13 p.m., Eastern Daylight Saving Time.