^legtslattfe journal

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1 COMMONWEALTH OF PENNSYLVANIA ^legtslattfe journal MONDAY, FEBRUARY 14, 2005 SESSION OF TH OF THE GENERAL ASSEMBLY No. 11 SENATE MONDAY, February 14, 2005 The Senate met at 2 p.m., Eastern Standard Time. The PRESIDENT (Lieutenant Catherine Baker Knoll) in the Chair. PRAYER The Chaplain, Reverend CHARLES A. HAGAN, of Our Lady of Mount Carmel Church, Doylestown, offered the following prayer: Let us pray. Gracious and loving God, on this day when we express appreciation for the beauty and fragility of human love, we thank You for Your love for us, which is the source of all love. We thank You for Your spirit in every person You have created. You have made us in Your image and given us a mind to know You and Your creation, and a will to love and serve You. As a people, You have brought us out ofthe wilderness into a land of plenty beyond the wildest imagination of our ancestors. You constantly deliver us from evil by exposing the harshness and cruelty inherent in greed, violence, bigotry, and materialism. You have opened our eyes to the attraction of evil contained in the accumulation of material wealth without spiritual growth. We thank You today, especially for keeping us safe and opening our eyes to the heroic in our midst. You remind us each day to take good care of our brothers and sisters who cannot take care of themselves. It is Your stated will that we provide especially for the hungry, homeless, prisoners, and the weak and unwanted. You have called us from among Your people to protect and defend those unable to defend themselves, and to remind others of their duty to share the goods of this planet to protect Your creation. Gracious and loving God, look down on this community assembled today and bless our work. Let Your face shine upon us, be gracious to us, look upon us kindly, and give us Your peace. Amen. The PRESIDENT. The Chair thanks Reverend Hagan, who is the guest today of Senator Conti. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled, led by Senator Mary Jo White and Senator Vance.) JOURNAL APPROVED The PRESIDENT. A quorum ofthe Senate being present, the Clerk will read the Journal ofthe preceding Session of February 9,2005. The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator BRIGHTBILL, and agreed to by voice vote, further reading was dispensed with and the Journal was approved. COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the ofthe Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE PENNSYLVANIA GAME COMMISSION February 9,2005 advice and consent ofthe Senate, David W. Schreffler, (District 4), 1015 Elk Lick Road, Everett 15537, Bedford County, Thirtieth Senatorial District, for appointment as a member of the Pennsylvania Game Commission, to serve for a term of eight years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Samuel J. Dunkle, Duncansville, whose term expired. MEMBER OF THE STATE BOARD OF ACCOUNTANCY February 11, 2005 advice and consent ofthe Senate, Sam Cohn, (Public Member), 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member ofthe State Board of Accountancy, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Ronald Duska, Villanova, whose term expired.

2 96 LEGISLATIVE JOURNAL SENATE FEBRUARY 14, MEMBER OF THE COUNCIL OF TRUSTEES OF CLARION UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Council of Trustees of Clarion University of Pennsylvania ofthe State System of Higher Education, to serve until the third Tuesday of January 2007, and until his successor is appointed and qualified, vice Oleta Amsler, Clarion, deceased. MEMBER OF THE CONSTABLES' EDUCATION AND TRAINING BOARD advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member ofthe Constables' Education and Training Board, to serve until June 8,2005, and until his successor is appointed and qualified, vice The Honorable James E. Russo, Leetsdale, deceased. CONTROLLER, CHESTER COUNTY appointment as Controller, in and for the County of Chester, to serve until thefirstmonday of January 2006, vice Carol T. Aichele, resigned. MEMBER OF THE STATE BOARD OF COSMETOLOGY appointment as a member ofthe State Board of Cosmetology, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Franklin Schoeneman, Pottsville, whose term expired. MEMBER OF THE STATE BOARD OF COSMETOLOGY advice and consent of the Senate, Nora Peterman, (Public Member), 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the State Board of Cosmetology, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Michele Hansarick, Camp Hill, whose term expired. MEMBER OF THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD advice and consent ofthe Senate, Kimberly S. Gray, 6160 Springford Drive, C-5, Harrisburg 17111, Dauphin County, Fifteenth Senatorial District, for appointment as a member ofthe Pennsylvania Drug, Device and Cosmetic Board, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Keldeen Stambaugh, Harrisburg, whose term expired. MEMBER OF THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD advice and consent ofthe Senate, Margaret E. Hanna, 17 Naylor Court, Quakertown 18951, Bucks County, Twenty-fourth Senatorial District, for appointment as a member of the Pennsylvania Drug, Device and Cosmetic Board, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Austin Morris, Huntingdon Valley, whose term expired.

3 2005 LEGISLATIVE JOURNAL SENATE 97 MEMBER OF THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD February 11, 2005 advice and consent ofthe Senate, Patrick M. Gates, Ph.D., 1427 West Rockspray Road, Jamison 18929, Bucks County, Sixth Senatorial District, for appointment as a member ofthe Pennsylvania Drug, Device and Cosmetic Board, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Arthur Zucker, Richboro, deceased. MEMBER OF THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD advice and consent ofthe Senate, Cornelius D. Pitts, Pharm.D., 6614 North Sixth Street, Philadelphia 19126, Philadelphia County, Third Senatorial District, for appointment as a member ofthe Pennsylvania Drug, Device and Cosmetic Board, to serve until June 5, 2005, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Allan Shaughnessy, Mechanicsburg, resigned. MEMBER OF THE BOARD OF TRUSTEES OF HARRISBURG STATE HOSPITAL advice and consent ofthe Senate, B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member ofthe Board of Trustees of Harrisburg State Hospital, to serve until the third Tuesday of January 2009, and until his successor is appointed and qualified, vice Robert Hafer, Harrisburg, deceased. MEMBER OF THE BOARD OF TRUSTEES OF HARRISBURG STATE HOSPITAL advice and consent ofthe Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member ofthe Board of Trustees of Harrisburg State Hospital, to serve until the third Tuesday of January 2007, and until her successor is appointed and qualified, vice Raymond C. Braun, Jr., Gamp Hill, resigned. MEMBER OF THE PENNSYLVANIA LABOR RELATIONS BOARD of the Commonwealth of Pennsylvania: appointment as a member ofthe Pennsylvania Labor Relations Board, to serve until June 2, 2007, and until her successor is appointed and qualified, vice John Markle, Jr., Exton, deceased. MEMBER OF THE MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION appointment as a member ofthe Municipal Police Officers' Education and Training Commission, to serve until November 12,2005, and until her successor is appointed and qualified, vice Ed Connor, Petersburg, resigned. MEMBER OF THE STATE BOARD OF PODIATRY advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member ofthe State Board of Podiatry, to serve until November 14, 2005, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Jonathan B. Tocks, M.D., Mechanicsburg, resigned.

4 98 LEGISLATIVE JOURNAL SENATE FEBRUARY 14, MEMBER OF THE STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS advice and consent ofthe Senate, Stephanie Moore, (Public Member), 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member ofthe State Registration Board for Professional Engineers, Land Surveyors and Geologists, to serve for a term of six years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice James Flanigan, Villanova, whose term expired. MEMBER OF THE STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member ofthe State Registration Board for Professional Engineers, Land Surveyors and Geologists, to serve for a term of six years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice John M. Brinjac, Wormleysburg, whose term expired. MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING advice and consent ofthe Senate, Stephanie Moore, (Public Member), 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member ofthe State Board of Examiners in Speech-Language and Hearing, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice F. Irene Graybill, Duncannon, whose term expired. MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member ofthe State Board of Examiners in Speech-Language and Hearing, to serve until September 29, 2006, and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Michele Wallace, Mount Wolf, resigned. MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING advice and consent ofthe Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member ofthe State Board of Examiners in Speech- Language and Hearing, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Carol St. George, D.O., York, whose term expired. MEMBER OF THE BOARD OF TRUSTEES OF TORRANCE STATE HOSPITAL appointment as a member ofthe Board of Trustees of Torrance State Hospital, to serve until the third Tuesday of January 2007, and until her successor is appointed and qualified, vice Robert Seabol, Latrobe, resigned. TREASURER, JEFFERSON COUNTY advice and consent ofthe Senate, B. J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as Treasurer, in and for the County of Jefferson, to serve until the first Monday of January 2006, vice Paul Corbin, resigned.

5 2005 LEGISLATIVE JOURNAL SENATE 99 MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS advice and consent ofthe Senate, B. J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member ofthe State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Lou Bizzarro, Erie, whose term expired. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Jay Zimmerman, Mechanicsburg, whose term expired. MEMBER OF THE ALLEGHENY COUNTY advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member ofthe Allegheny County Board of Assistance, to serve until December 31,2006, and until her successor is appointed and qualified, vice Paul Stackhouse, Pittsburgh, deceased. MEMBER OF THE BEAVER COUNTY appointment as a member ofthe Beaver County Board of Assistance, to serve until December 31,2007, and until her successor is appointed and qualified, vice Allen Andrascik, Beaver Falls, resigned. MEMBER OF THE BEDFORD COUNTY advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member ofthe Bedford County Board of Assistance, to serve until December 31, 2005, and until his successor is appointed and qualified, vice Larry Garlock, Everett, resigned. MEMBER OF THE BRADFORD COUNTY advice and consent ofthe Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member ofthe Bradford County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice John Brenchley, Canton, resigned. MEMBER OF THE CENTRE COUNTY advice and consent ofthe Senate, B. J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member ofthe Centre County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice Robert Shepherd, Pennsylvania Furnace, resigned. MEMBER OF THE CENTRE COUNTY

6 100 LEGISLATIVE JOURNAL SENATE FEBRUARY 14, appointment as a member of thecentre County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Paul Houck, State College, deceased. MEMBER OF THE DELAWARE COUNTY appointment as a member ofthe Delaware County Board of Assistance, to serve until December 31,2005, and until her successor is appointed and qualified, vice Mary Ellen Balchunis-Harris, Ph.D., Drexel Hill, resigned. MEMBER OF THE ELK COUNTY advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member ofthe Elk County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice Burton Shaver, Ridgway, resigned. MEMBER OF THE ELK COUNTY appointment as a member of the Elk County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Charles W Constable, Johnsonburg, resigned. MEMBER OF THE ELK COUNTY advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member ofthe Elk County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Rose Heindl, Ridgway, resigned. MEMBER OF THE FAYETTE COUNTY advice and consent ofthe Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member ofthe Fayette County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Reverend DewVaul W Tracy, Jr., Lake Lynn, resigned. MEMBER OF THE FRANKLIN COUNTY advice and consent ofthe Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member ofthe Franklin County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice Charles W Frame, III, Waynesboro, resigned. MEMBER OF THE INDIANA COUNTY advice and consent ofthe Senate, Ron Airhart, (Democrat), 209 Crown Height Drive, Indiana 15701, Indiana County, Forty-first Senatorial District, for appointment as a member ofthe Indiana County Board of

7 2005 LEGISLATIVE JOURNAL SENATE 101 Assistance, to serve until December 31, 2006, and until his successor is appointed and qualified, vice Iris Holtz, Indiana, resigned. MEMBER OF THE INDIANA COUNTY advice and consent ofthe Senate, Rebecca M. Bams, (Democrat), 2716 US 22 Hwy. East, Blairsville 15717, Indiana County, Forty-first Senatorial District, for appointment as a member ofthe Indiana County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, add to complement. MEMBER OF THE JUNIATA COUNTY advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member ofthe Juniata County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Carlen D. McClure, Port Royal, resigned. MEMBER OF THE MCKEAN COUNTY advice and consent ofthe Senate, B. J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member ofthe McKean County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice Marcia Shuman, Rixford, resigned. MEMBER OF THE MCKEAN COUNTY advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member ofthe McKean County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice Shirley Reed, Eldred, resigned. MEMBER OF THE MERCER COUNTY advice and consent ofthe Senate, B. J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Mercer County Board of Assistance, to serve until December 31, 2007, and until his successor is appointed and qualified, vice Janet McDougall, Grove City, resigned. MEMBER OF THE MERCER COUNTY advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Mercer County Board of Assistance, to serve until December 31, 2006, and until his successor is appointed and qualified, vice Michael Reichart, Sharpsville, deceased. MEMBER OF THE MERCER COUNTY appointment as a member ofthe Mercer County Board of Assistance, to serve until December 31,2005, and until her successor is appointed and qualified, vice David Immonen, Greenville, resigned. MEMBER OF THE MERCER COUNTY

8 102 LEGISLATIVE JOURNAL SENATE FEBRUARY 14, advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member ofthe Mercer County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice Walter Matthews, Sharon, resigned. MEMBER OF THE PHILADELPHIA COUNTY advice and consent ofthe Senate, B. J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member ofthe Philadelphia County Board of Assistance, to serve until December 31, 2005, and until his successor is appointed and qualified, vice Lee Roy Harper, Philadelphia, resigned. MEMBER OF THE POTTER COUNTY advice and consent ofthe Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member ofthe Potter County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice William Stavisky, Shinglehouse, resigned. MEMBER OF THE SUSQUEHANNA COUNTY advice and consent ofthe Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member ofthe Susquehanna County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice Nancy Ross, Uniondale, resigned. MEMBER OF THE UNION COUNTY advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member ofthe Union County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice W. Earl Dieffenderfer, Lewisburg, resigned. MEMBER OF THE VENANGO COUNTY advice and consent ofthe Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member ofthe Venango County Board of Assistance, to serve until December 31, 2006, and until his successor is appointed and qualified, vice Evelyn McLaughlin, Oil City, resigned. MEMBER OF THE WAYNE COUNTY advice and consent ofthe Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member ofthe Wayne County Board of Assistance, to serve until December 31,2007, and until her successor is appointed and qualified, vice Donn T. Shepard, Honesdale, resigned. MEMBER OF THE YORK COUNTY advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District,

9 2005 LEGISLATIVE JOURNAL SENATE 103 for appointment as a member ofthe York County Board of Assistance, to serve until December 31, 2005, and until his successor is appointed and qualified, vice David Hawk, M.D., York, resigned. MEMBER OF THE YORK COUNTY advice and consent of the Senate, Stephanie Moore, 40 Red Barberry appointment as a member ofthe York County Board of Assistance, to serve until December 31, 2007, and until her successor is appointed and qualified, vice Virginia Hawkins, York, resigned. MAGISTERIAL DISTRICT JUDGE advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as Magisterial District Judge, in and for the County of Allegheny, Magisterial District , to serve until the first Monday of January 2006, vice James E. Russo, deceased. MAGISTERIAL DISTRICT JUDGE appointment as Magisterial District Judge, in and for the County of Armstrong, Magisterial District , to serve until thefirstmonday of January 2006, vice Jay A. Young, deceased. MAGISTERIAL DISTRICT JUDGE advice and consent ofthe Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as Magisterial District Judge, in and for the County of Monroe, Magisterial District , to serve until thefirstmonday of January 2006, vice Charles P. Eyer, resigned. MAGISTERIAL DISTRICT JUDGE advice and consent ofthe Senate, B. J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as Magisterial District Judge, in and for the County of Perry, Magisterial District , to serve until the first Monday of January 2006, vice James R. Moyer, Jr., resigned. MAGISTERIAL DISTRICT JUDGE advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as Magisterial District Judge, in and for the County of Washington, Magisterial District , to serve until the first Monday of January 2006, vice Ronald Amati, resigned. RECALL COMMUNICATION REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the ofthe Commonwealth, which was read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated Januaiy 12,2005, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member ofthe Pennsylvania Drug, Device and Cosmetic Board, to serve until June 5, 2005, or until his successor is appointed and quali-

10 104 LEGISLATIVE JOURNAL SENATE FEBRUARY 14, tied, but not longer than six months beyond that period, vice Allan Shaughnessy, Mechanicsburg, resigned. I respectfully request the return to me ofthe official message of nomination on the premises. 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: February Senators KASUNIC, COSTA, GREENLEAF, O'PAKE, STOUT, RAFFERTY, LAVALLE, KITCHEN, D. WHITE, PIPPY, LOGAN, BOSCOLA and STACK presented to the Chair SB 67, 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, February 10,2005. Senators KASUNIC, COSTA, GREENLEAF, OTAKE, STOUT, RAFFERTY, LAVALLE, KITCHEN, D. WHITE, PIPPY, LOGAN, BOSCOLA, STACK and WAUGH presented to the Chair SB 68, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Pennsylvania Consolidated Statutes, authorizing disposition of delinquent children to motivational boot camps. Which was committed to the Committee on JUDICIARY, February 10,2005. Senators PICCOLA, VANCE, BRIGHTBILL, CORMAN, PUNT, M. WHITE, GORDNER, WENGER, ORIE, ROBBINS, WAUGH, RAFFERTY and REGOLA presented to the Chan- SB 229, entitled: An Act imposing a moratorium on the closure of State mental health facilities and to require the Legislative Budget and Finance Committee to study the issue of closure of State mental health facilities and report to the General Assembly. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, February 10,2005. Senators VANCE, M. WHITE, EARLL, BOSCOLA, COSTA, KITCHEN, LOGAN, MADIGAN, MUSTO, O'PAKE, REGOLA, STACK, THOMPSON, WAUGH, WOZNIAK and C. WILLIAMS presented to the Chair SB 234, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, further providing for employment of school health personnel. Which was committed to the Committee on EDUCATION, February 10, Senators VANCE, M. WHITE, COSTA, EARLL, KITCHEN, MADIGAN, O'PAKE, PILEGGI, PUNT, REGOLA, WAUGH, WOZNIAK and C. WILLIAMS presented to the Chair SB 235, entitled: An Act amending the act of May 22,1951 (P.L.317, No.69), known as The Professional Nursing Law, providing for continuing nursing education. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, February 10,2005. Senators WENGER, WONDERLING, TOMLINSON, KITCHEN, GORDNER, MADIGAN, PILEGGI, GREENLEAF, TARTAGLIONE, RAFFERTY, WOZNIAK, COSTA, BOSCOLA, ROBBINS, WAUGH, RHOADES, SCARNATI, LEMMOND, ARMSTRONG, PUNT, D. WHITE, ERICKSON and C. WILLIAMS presented to the Chair SB 237, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for exclusions from the sales and use tax. Which was committed to the Committee on FINANCE, February 10,2005. Senators WENGER, PICCOLA, WONDERLING, CORMAN, KITCHEN, GORDNER, PILEGGI, EARLL, RAFFERTY, WOZNIAK, COSTA, BOSCOLA, WAUGH, RHOADES, M. WHITE, ARMSTRONG, GREENLEAF and ERICKSON presented to the Chair SB 238, entitled: An Act amending the act of April 9, 1929 (P.L.177, No. 175), known as The Administrative Code of 1929, further providing for fees chargeable by Department of State. Which was committed to the Committee on STATE GOVERNMENT, February 10, Senators GORDNER, THOMPSON, WONDERLING, VANCE, PICCOLA, CORMAN, WENGER, COSTA, SCARNATI, ROBBINS, O'PAKE, KASUNIC, PILEGGI, ORIE, WAUGH, KITCHEN, RHOADES, ERICKSON, M. WHITE, BOSCOLA, STACK, D. WHITE, RAFFERTY, PUNT, LOGAN, C. WILLIAMS and PIPPY presented to the Chair SB 246, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for time limitations for the research and development tax credit and for termination of approval ofthe tax credit. Which was committed to the Committee on FINANCE, February 10, Senators GORDNER, GREENLEAF, COSTA, EARLL, LEMMOND, ORIE, PICCOLA, RAFFERTY, PILEGGI, THOMPSON, KITCHEN and WONDERLING presented to the Chair SB 248, entitled: An Act amending the act of August 11, 1967 (P.L.205, No.69), entitled "An act to validate conveyances and other instruments which have been defectively acknowledged," extending the date for validation of certain conveyances and other instruments.

11 2005 LEGISLATIVE JOURNAL SENATE 105 Which was committed to the Committee on JUDICIARY, February 10,2005. February 11, 2005 Senators REGOLA, PICCOLA, JUBELIRER, BRIGHTBILL, M. WHITE, GORDNER, PILEGGI, CORMAN, RHOADES, PUNT, SCARNATI, ERICKSON, D. WHITE, ORIE, ROBBINS, WONDERLING, WAUGH, ARMSTRONG, WENGER, GREENLEAF, CONTI, PIPPY, RAFFERTY, MADIGAN, TOMLINSON, VANCE, LEMMOND, EARLL and THOMPSON presented to the Chair SB 10, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for personal income tax imposition. Which was committed to the Committee on FINANCE,. Senators CORMAN, ERICKSON, RAFFERTY, RHOADES, O'PAKE, COSTA, KITCHEN, ORIE, ROBBINS, C. WILLIAMS and PIPPY presented to the Chair SB 177, entitled: An Act establishing the Bureau of Privacy Protection within the Office of Attorney General; providing for its powers and duties; requiring State agencies to develop and implement permanent privacy policies; and requiring an annual report to the General Assembly. Which was committed to the Committee on STATE GOVERNMENT,. Senators CORMAN, WONDERLING, GREENLEAF, M. WHITE, KASUNIC, RHOADES, TARTAGLIONE, KITCHEN, MUSTO, O'PAKE, COSTA, D. WHITE, STACK, ORIE, RAFFERTY and ARMSTRONG presented to the Chan- SB 180, entitled: An Act providing for protection from identity theft, for security alerts and freezes, for procedures for access after imposition and removal of securityfreezesand for related matters. Which was committed to the Committee on BANKING AND INSURANCE, February 11, Senator PILEGGI presented to the Chair SB 239, entitled: An Act providing for sound barriers along a certain portion of Interstate 95 in the City of Chester and Chester Township, Delaware County, and for the powers and duties of the Department of Transportation. Which was committed to the Committee on TRANSPORTATION, February 11, Senators CONTI, WONDERLING, RAFFERTY, TOMLINSON, PILEGGI, RHOADES, TARTAGLIONE, GREENLEAF, COSTA, ORIE, KITCHEN, C. WILLIAMS and LOGAN presented to the Chair SB 240, entitled: An Act amending the act of June 11,1968 (P.L.149, No.84), known as the Volunteer Firefighters' Relief Association Act, authorizing funds of volunteer firefighters' relief association in Second Class A counties to be spent on qualified retirement plans. Which was committed to the Committee on FINANCE,. Senators CONTI, ARMSTRONG, GREENLEAF, EARLL, LEMMOND, O'PAKE, CORMAN, COSTA, ERICKSON, M. WHITE, WAUGH, WENGER, BOSCOLA and ROBBINS presented to the Chair SB 241, entitled: An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, further providing for fees charged by the Insurance Department. Which was committed to the Committee on BANKING AND INSURANCE,. Senators PILEGGI, CORMAN, RAFFERTY, WONDERLING, RHOADES, WOZNIAK, COSTA, KITCHEN, BOSCOLA, ERICKSON, ROBBINS, PUNT, KASUNIC, STOUT, WENGER, LEMMOND, TARTAGLIONE, STACK, GREENLEAF, ORIE, WAUGH, REGOLA and LOGAN presented to the Chair SB 242, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for veteran plates and placard. Which was committed to the Committee on TRANSPORTATION,. Senators PILEGGI, THOMPSON, ERICKSON, GREENLEAF, RHOADES, RAFFERTY, MUSTO, GORDNER, WOZNIAK, COSTA, KITCHEN, BOSCOLA, PUNT, KASUNIC, STOUT, MADIGAN, LAVALLE, STACK, WAUGH, LEMMOND, TARTAGLIONE, ORIE, WONDERLING and LOGAN presented to the Chair SB 243, entitled: An Act amending the act of June 28, 1935 (P.L.477, No. 193), referred to as the Enforcement Officer Disability Benefits Law, extending the payment ofthe salary, medical and hospital expenses to sheriffs and deputy sheriffs under certain circumstances. Which was committed to the Committee on LABOR AND INDUSTRY, February 11, Senators BOSCOLA, LAVALLE, WOZNIAK, KASUNIC, LOGAN, O'PAKE, MUSTO, GORDNER, COSTA, KITCHEN, RAFFERTY and STOUT presented to the Chair SB 244, 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 blood donation education. Which was committed to the Committee on EDUCATION,. Senator BOSCOLA presented to the Chair SB 245, entitled: An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, further providing for the definition of "police officer." Which was committed to the Committee on LAW AND JUSTICE, February 11, 2005.

12 106 LEGISLATIVE JOURNAL SENATE FEBRUARY 14, Senators GORDNER, WAUGH, RHOADES, D. WHITE, PILEGGI, WONDERLING, COSTA, STACK, TOMLINSON, ORIE, LOGAN, RAFFERTY and ROBBINS presented to the Chair SB 247, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for exclusions from sales and use tax. Which was committed to the Committee on FINANCE,. Senators GORDNER, VANCE, WOZNIAK, WONDERLING, ORIE, LEMMOND, RAFFERTY and KITCHEN presented to the Chair SB 249, entitled: An Act providing for approval by the Attorney General of the transfer, restructuring or conversion of nonprofit hospitals. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE,. Senators THOMPSON, BRIGHTBILL, RAFFERTY, MUSTO, WONDERLING, PILEGGI, WENGER, WOZNIAK, PICCOLA, LEMMOND, COSTA, KASUNIC, ORIE, KITCHEN, O'PAKE, ERICKSON, M. WHITE, LOGAN and D. WHITE presented to the Chair SB 251, entitled: An Act amending the act of May 26, 1947 (P.L.318, No. 140), known as the CPA Law, further providing for the title, for definitions, for the State Board of Accountancy, for administrative powers, for examinations and certificates, for education, for experience and for reciprocity; providing for substantial equivalency; further providing for fees; establishing the Accounting Licensure Restricted Account; further providing for licensing and for peer review, for grounds for discipline, for ownership of working papers, for unlawful acts, for lawful acts and for penalties; and making repeals. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,. Senators THOMPSON, CORMAN, WONDERLING, VANCE, MADIGAN, RHOADES, RAFFERTY, MUSTO, PILEGGI, WENGER, WOZNIAK, STOUT, LEMMOND, ARMSTRONG, COSTA, KASUNIC, KITCHEN, OTAKE, BOSCOLA and PUNT presented to the Chair SB 252, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for farmland valuation for inheritance tax. Which was committed to the Committee on FINANCE,. Senators THOMPSON, RHOADES, RAFFERTY, MUSTO, PILEGGI, TARTAGLIONE, WOZNIAK, LEMMOND, GREENLEAF, COSTA, KITCHEN, O'PAKE and BOSCOLA presented to the Chair SB 253, entitled: An Act amending the act of August 24, 1951 (P.L.1304, No.315), known as the Local Health Administration Law, fbrther providing for State grants to county departments of health and to certain municipalities. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, February 11, Senators THOMPSON, STOUT, COSTA, KITCHEN, M. WHITE and PUNT presented to the Chair SB 254, entitled: An Act selecting, designating and adopting the chocolate chip cookie as the official cookie ofthe Commonwealth of Pennsylvania. Which was committed to the Committee on STATE GOVERNMENT, February 11, Senators THOMPSON, ARMSTRONG, CORMAN, RAFFERTY, EARLL, PILEGGI, MADIGAN, WENGER, WOZNIAK, LEMMOND, KASUNIC, BOSCOLA, M. WHITE, ROBBINS, WAUGH, D. WHITE and PIPPY presented to the Chair SB 255, entitled: An Act amending the act of June 13,1967 (P.L.31, No.21), making repeals to eliminate county boards of assistance. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, February 11, Senators ARMSTRONG, RAFFERTY, MUSTO, THOMPSON, KASUNIC, PILEGGI, WENGER, RHOADES, WONDERLING, BOSCOLA, WAUGH, TARTAGLIONE, COSTA, KITCHEN, O'PAKE, ROBBINS, STACK, ERICKSON, C. WILLIAMS and REGOLA presented to the Chair SB 256, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Pennsylvania Consolidated Statutes, further providing for the right of action regarding profits received as a result of the commission of a crime. Which was committed to the Committee on JUDICIARY,. February 14, 2005 Senators ARMSTRONG, CORMAN, RAFFERTY, EARLL, PILEGGI, WAUGH, COSTA, KITCHEN, ERICKSON, D. WHITE and FUMO presented to the Chair SB 257, entitled: An Act providing for advertisement for bids on public contracts on the Internet. Which was committed to the Committee on COMMUNICATIONS AND TECHNOLOGY, February 14, Senators ARMSTRONG, RHOADES, WENGER, KASUNIC, THOMPSON, MUSTO, TARTAGLIONE, COSTA, KITCHEN, LAVALLE, ERICKSON and C. WILLIAMS presented to the Chair SB 258, entitled: An Act regulating the amount of property insurance coverage required by certain lenders. Which was committed to the Committee on BANKING AND INSURANCE, February 14,2005. Senators ARMSTRONG, WENGER, WONDERLING, WAUGH, CORMAN, EARLL, MADIGAN and M. WHITE presented to the Chair SB 259, entitled: An Act amending the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, further providing for the definition of "public work."

13 2005 LEGISLATIVE JOURNAL SENATE 107 Which was committed to the Committee on LABOR AND INDUSTRY, February 14, Senators ARMSTRONG, STACK, THOMPSON, RHOADES, MUSTO, RAFFERTY, KITCHEN, ORIE and OTAKE presented to the Chair SB 260, entitled: An Act joining with other states in an effort to establish an interstate compact to regulate designated insurance products. Which was committed to the Committee on BANKING AND INSURANCE, February 14, Senators ROBBINS, PUNT, THOMPSON, LAVALLE, RHOADES, COSTA, RAFFERTY, MUSTO, ORIE, WOZNIAK, PILEGGI, KITCHEN and GORDNER presented to the Chair SB 261, entitled: An Act amending the act of June 27,1996 (P.L.403, No.58), known as the Community and Economic Development Enhancement Act, providing for a Deputy Secretary for Local Government Services in the Department of Community and Economic Development. Which was committed to the Committee on COMMUNITY AND ECONOMIC DEVELOPMENT, February 14, Senators ROBBINS, D. WHITE, RHOADES, COSTA, MUSTO, THOMPSON, WENGER, KITCHEN, LEMMOND, PUNT, O'PAKE, TOMLINSON, ARMSTRONG, KASUNIC, EARLL, ORIE, LAVALLE, PILEGGI, GREENLEAF, STACK, RAFFERTY, GORDNER, WOZNIAK, WONDERLING, MADIGAN, BOSCOLA, ERICKSON, STOUT and LOGAN presented to the Chair SB 262, entitled: An Act amending Title 51 (Military Affairs) ofthe Pennsylvania Consolidated Statutes, providing for the establishment of a nursing loan forgiveness program for persons employed in the nursing profession at veterans' homes operated by the Department of Military and Veterans Affairs. Which was committed to the Committee on EDUCATION, February 14,2005. Senators C. WILLIAMS, KITCHEN, O'PAKE, MUSTO, KASUNIC, LOGAN, GREENLEAF, RHOADES, STOUT, COSTA, FERLO and STACK presented to the Chair SB 263, entitled: An Act establishing the Office of Women's Health within the Department of Health; and providing for purposes of the Office of Women's Health, for powers and duties ofthe Department of Health and the Secretary of Health and for the appointment ofthe Women's Health Advisory Committee. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, February 14, Senators C. WILLIAMS, ORIE, KITCHEN, O'PAKE, COSTA, MUSTO, KASUNIC, GREENLEAF, GORDNER, STOUT, LOGAN, ERICKSON, FERLO and STACK presented to the Chair SB 264, entitled: An Act establishing the Pennsylvania Commission for Women; and providing for its powers and duties. Which was committed to the Committee on STATE GOVERNMENT, February 14, Senators C. WILLIAMS, KITCHEN, ORIE, COSTA, O'PAKE, KASUNIC, GREENLEAF, LOGAN, ERICKSON, FERLO and WAUGH presented to the Chair SB 265, entitled: An Act establishing the Women's Business Ownership Council; providing for its powers and duties; and making an appropriation. Which was committed to the Committee on COMMUNITY AND ECONOMIC DEVELOPMENT, February 14,2005. Senators C. WILLIAMS, STOUT, MUSTO, KITCHEN, RHOADES, O'PAKE, LOGAN, COSTA, STACK and BOSCOLA presented to the Chair SB 266, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for exclusions from sales and use tax. Which was committed to the Committee on FINANCE, February 14, 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: February 10,2005 Senators WONDERLING, KITCHEN, ARMSTRONG, STOUT, FERLO, TARTAGLIONE, BRIGHTBILL, CONTI, EARLL, COSTA, THOMPSON, WENGER, LOGAN, O'PAKE, KASUNIC, LaVALLE, ERICKSON, BOSCOLA, SCARNATI, STACK, ORIE, D. WHITE, GREENLEAF, PIPPY, RHOADES, LEMMOND, M. WHITE and ROBBINS presented to the Chair SR 26, entitled: A Resolution designating March 6,2005, as "Lymphedema D-Day" in Pennsylvania. Which was committed to the Committee on RULES AND EXECUTIVE NOMINATIONS, February 10, February IK 2005 Senators THOMPSON, ERICKSON, MADIGAN, FERLO, KITCHEN, BOSCOLA, D. WHITE, ORE, PILEGGI, MUSTO, WOZNIAK, STOUT, PUNT, LEMMOND, O'PAKE, BRIGHTBILL, MELLOW, KASUNIC, TOMLINSON, TARTAGLIONE, LOGAN, COSTA, CONTI, M. WHITE, GREENLEAF, EARLL, LAVALLE, STACK, WONDERLING, RAFFERTY, WAUGH, WENGER, ARMSTRONG, ROBBINS, PIPPY and C. WILLIAMS presented to the Chair SR 23, entitled: A Resolution designating the week of April 10 through 16,2005, as "Local Government Week" in Pennsylvania. Which was committed to the Committee on LOCAL GOVERNMENT, February 11, 2005.

14 108 LEGISLATIVE JOURNAL SENATE FEBRUARY 14, Senators ROBBINS, RAFFERTY, THOMPSON, LOGAN, PICCOLA, WENGER, O'PAKE, M. WHITE, CONTI, COSTA, LAVALLE, CORMAN, RHOADES, KASUNIC, SCARNATI, VANCE, STACK, TARTAGLIONE, ORIE, ARMSTRONG, WOZNIAK, D. WHITE, TOMLINSON, KITCHEN, ERICKSON, LEMMOND, STOUT, GREENLEAF, WAUGH, MADIGAN, BOSCOLA, PILEGGI, PUNT, FERLO, EARLL, WONDERLING, MUSTO, GORDNER and FUMO presented to the Chair SR 27, entitled: A Resolution congratulating the Pennsylvania State Police on the occasion ofthe 100th anniversary of its founding. Which was committed to the Committee on LAW AND JUSTICE,. APPOINTMENTS BY THE PRESIDENT PRO TEMPORE The PRESIDENT. The Chair wishes to announce the President pro tempore has made the following appointments: Senator Robert J. Thompson as a member ofthe Governing Board ofthe Council of State Governments and as a member of the Public Safety and Justice Task Force ofthe Council of State Governments. Senator Raphael J. Musto as a member ofthe Tuition Account Programs Advisory Board. Senator Mary Jo White as a member ofthe Joint Legislative Air and Water Pollution Control and Conservation Committee, as a member ofthe Pennsylvania Commission on Sentencing, as a member of the Pennsylvania Public Television Network Commission, as a member of the Board of Directors of the Center for Rural Pennsylvania and as a member of the Environmental Quality Board. Senator Joe Scamati as a member of the Hardwoods Development Council and as a member of the Pennsylvania Workforce Investment Board. LEGISLATIVE LEAVE The PRESIDENT. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Madam President, I request a legislative leave for Senator Wozniak. The PRESIDENT. Senator O'Pake requests a legislative leave for Senator Wozniak. Without objection, the leave will be granted. SENATE CONCURRENT RESOLUTION ADOPTED WEEKLY RECESS Senator BRIGHTBILL offered the following resolution, which was read, considered, and adopted by voice vote: In the Senate, February 14,2005 RESOLVED, (the House of Representatives concurring), Pursuant to Article II, Section 14 ofthe Pennsylvania Constitution, that when the Senate recesses this week, it reconvene on Monday, March 14, 2005, unless sooner recalled by the President Pro Tempore ofthe Senate; and be it further RESOLVED, Pursuant to Article II, Section 14 ofthe Pennsylvania Constitution, that when the House of Representatives recesses this week, it reconvene on Monday, March 14, 2005, unless sooner recalled by the Speaker ofthe House of Representatives Ordered, That the Secretary ofthe Senate present the same to the House of Representatives for concurrence. LEAVE OF ABSENCE Senator O'PAKE asked and obtained a leave of absence for Senator FUMO, for today's Session, for personal reasons. CALENDAR SENATE RESOLUTION No. 21 CALLED UP OUT OF ORDER, ADOPTED Senator BRIGHTBILL, without objection, called up from page 2 ofthe Calendar, as a Special Order of Business, Senate Resolution No. 21, entitled: A Resolution declaring March 2005 as "American Red Cross Month" in Pennsylvania. On the question, Will the Senate adopt the resolution? The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz: Armstrong Boscola Brightbill Conti Corman Costa Earll Erickson Ferlo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie Piccola YEA-46 Pileggi Pippy Punt Rafiferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Tomlinson Vance Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A majority ofthe Senators having voted "aye," the question was determined in the affirmative. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR MICHAEL A. OTAKE PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Madam President, we are honored to have as our guests today an outstanding group of young student athletes from Berks County. They are the Antietam High School Boys' Soccer Team, which last year won the PIAA Class A Boys Soccer Championship by beating Trinity Christian 4 to 2. These fine young men won the Berks County Division IV Title and the District III Class A Championship. They finished the season with

15 2005 LEGISLATIVE JOURNAL SENATE 109 an impressive 26-2 win-loss record. This group of fine young men have set a standard of excellence that brought credit to themselves, to their school, to their families, and to their community. They are here with their head coach, who was named Coach ofthe Year, Milton Scholl, as well as some ofthe assistant coaches, the athletic director, and other dignitaries from the high school. I ask the Chair to extend its usual warm Senate welcome to the Antietam High School Boys' Soccer Team, the PIAA Class A Boys' Soccer Champions of Pennsylvania. The PRESIDENT. Will the Antietam High School Boys' Soccer Team please rise so we can give you a nice round of applause. (Applause.) The PRESIDENT. Thank you. They gave me a signed soccer ball, and I am very grateful. That is the first time that ever happened to me. GUESTS OF SENATOR ROBERT C. WONDERLING PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Montgomery, Senator Wonderling. Senator WONDERLING. Madam President, I rise today to also recognize scholar athletes and champions from my home district of Montgomery County, in Lansdale. The Lansdale Catholic High School Boys' Football Team is here today, and last year they won the Class AA Championship, defeating Grove City on December 11 by 40 to 17. They have been here all day visiting in the House, the Senate, and the Supreme Court, and I ask, Madam President, that we welcome the 2004 PIAA Class AA Championship Football Team from Lansdale Catholic High School. The PRESIDENT. Would the Lansdale Catholic 2004 PIAA Class AA Championship Football Team please rise so we can give you a nice round of applause. (Applause.) SPECIAL ORDER OF BUSINESS LINCOLN DAY ADDRESS The PRESIDENT. For a special honor, a special order of business, in honor of President Lincoln, the Chair recognizes the gentleman from Allegheny, Senator Pippy. Senator PIPPY. Madam President, I rise today to pay tribute to the 16th President ofthe United States, Abraham Lincoln. Historians have created the image of Abraham Lincoln that we now honor. Even as he reached a level of immortality, we tend to forget that he was mortal, with all the greatness and all the failings that we all share. What do we really know of this man and of this leader? We as Americans can all remember the anger, the sadness, and the pain of September 11. It is in that context that I ask you to imagine what went through the heart and mind of President Lincoln as he served as Commander-in-Chief during the Civil War, the bloodiest 4 years of our nation's history. I believe the true spirit of Abraham Lincoln as a man and as a leader is embodied in a quote by Joshua Chamberlain. Many of you may remember him, especially those who read the book, "The Killer Angels," or have seen the movie, "Gettysburg," as a Maine schoolteacher who left his children and students, his family, put down his pencil and paper, and went off to command the 20th Maine. We remember Colonel Chamberlain as a commander who held the Union Army's position on Little Round Top against wave after wave of Confederate attacks, just south of here, at the Battle of Gettysburg, and some historians have argued that it was at that point, that decisive point during the battle, that changed the tide ofthe Civil War. But the passage I am about to read to you today predates that. It goes back to October 2 of 1862 when then Lieutenant Colonel Chamberlain and his men ofthe 20th Maine were encamped in Maryland when they received a visit from then President Lincoln. It is important to keep in mind that in 1862 the fate ofthe Union was still very much in question. In fact, Lincoln's visit came less than a month before the Battle of Antietam, the single bloodiest day of the entire war. As we know from history, Abraham Lincoln was a man of deep compassion and thought. Here is how Colonel Chamberlain described his Commander-in-Chief as he reviewed his troops, and I quote, "We could see the deep sadness in his face, and feel the burden on his heart, thinking of his great commission to save this people," end quote. Colonel Chamberlain, in looking into the eyes of his Commander-in-Chief, recognized inherently that Lincoln understood the high cost that our nation and its people were paying in the name of freedom, and it is for good reason that President Lincoln is remembered today for his steadfast leadership and calmness under pressure, his determination that brought together a battered nation and gave freedom to those who had never experienced it. The men and women of this great Commonwealth of Pennsylvania believed in President Lincoln's ideals back then and answered his call to duty. Pennsylvanians have answered the call to duty from Valley Forge to Gettysburg, on the beaches of Normandy, and today on the mountains and sands of Afghanistan and Iraq. Today, Pennsylvanians are protecting liberty and democracy, and are once again givingfreedomto those who have never experienced it. It is in this spirit of service that the legacy of Abraham Lincoln lives on. This very common, humble man, this powerful and compassionate leader, set a high standard for government. It is our task, and I would argue, especially here in the Chamber of the Senate of Pennsylvania, to remember his charge to us, and every time we walk into this Chamber, understand, and I would like to think that we can all follow the example of Abraham Lincoln, a man who had a very common touch, a sense of humor, remarkable dignity, and unfailing humanity. Abraham Lincoln, and this to the students, Abraham Lincoln never quit, and through his perseverance saved a Union. I will end with this, as he said just south of here, "...we... resolve that these dead shall not have died in vain, that this nation...shall have a new birth of freedom, that government ofthe people, by the people, for the people shall not perish from the earth." So we honor President Lincoln today, and for that I say thank you. (Applause.) RECESS The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill.

16 no LEGISLATIVE JOURNAL SENATE FEBRUARY 14, Senator BRIGHTBILL. Madam President, at this time I ask for a recess ofthe Senate for purposes of a Republican caucus and a meeting of the Committee on Rules and Executive Nominations, which will be held immediately following recess, and caucus will be approximately 10 minutes later. We expect to be back here on the floor in about an hour. Caucus will be held downstairs in the Majority Caucus Room. The PRESIDENT. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Madam President, I ask all Democrats to report to the Senate Democratic caucus room immediately after the meeting of the Committee on Rules and Executive Nominations. The PRESIDENT. For a meeting ofthe Committee on Rules and Executive Nominations and then for caucuses, without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 146 (Pr. No. 131) - The Senate proceeded to consideration ofthe bill, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, further providing for powers and duties ofthe intermediate unit board of directors; and providing for academic improvement programs. Considered the third time and agreed to, Ordered, That the Secretary ofthe Senate present said bill to the House of Representatives for concurrence. SB 147 (Pr. No. 132) ~ The Senate proceeded to consideration ofthe bill, 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 technical assistance and information provided by department. Considered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Boscola Brightbill Conti Corman Costa Earll Erickson Ferlo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie Piccola YEA-46 Pileggi Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Tomlinson Vance Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary ofthe Senate present said bill to the House of Representatives for concurrence. On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Boscola Brightbill Conti Corman Costa Earll Erickson Ferlo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie Piccola YEA.46 Pileggi Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Tomlinson Vance Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. BILL OVER IN ORDER SB 148 ~ Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 149 (Pr. No. 217) ~ The Senate proceeded to consideration ofthe bill, entitled: An Act providing for the Hazardous Sites Cleanup Fund, for its funding and for expenditures from the fund; and making repeals. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, On the question, Shall the bill pass finally?

17 2005 LEGISLATIVE JOURNAL SENATE 111 The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Boscola Brightbill Conti Corman Costa Earll Erickson Ferlo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie Piccola YEA-46 Pileggi Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Tomlinson Vance Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary ofthe Senate present said bill to the House of Representatives for concurrence. SB 199 (Pr. No. 191) - The Senate proceeded to consideration ofthe bill, entitled: An Act providing for a temporary suspension of a limitation on the amount of sales tax revenue transferred to the Supplemental Public Transportation Account. Considered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Boscola Brightbill Conti Corman Costa Earll Erickson Ferlo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie Piccola YEA-46 Pileggi Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Tomlinson Vance Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary ofthe Senate present said bill to the House of Representatives for concurrence. SECOND CONSIDERATION CALENDAR BILL ON SECOND CONSIDERATION SB 18 (Pr. No. 11) - The Senate proceeded to consideration ofthe bill, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further defining "racketeering activity." Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 69 and SB 124 ~ Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILLS REREFERRED SB 143 (Pr. No. 130) - The Senate proceeded to consideration ofthe bill, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, establishing parent involvement programs and policies in school districts. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. SB 145 (Pr. No. 135) ~ The Senate proceeded to consideration ofthe bill, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, further providing for school lunch and breakfast reimbursement. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator ROBBINS, from the Committee on Rules and Executive Nominations, reported the following nomination made by His Excellency, the ofthe Commonwealth, which was read by the Clerk as follows: MEMBER OF THE STATE BOARD OF MEDICINE January 4, 2005

18 112 LEGISLATIVE JOURNAL SENATE FEBRUARY 14, advice and consent ofthe Senate, James W. Freeman, M.D., P.O. 344, Shippensburg 17257, Cumberland County, Thirty-first Senatorial District, for appointment as a member ofthe State Board of Medicine, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Richard E. Wright, M.D., Bethel Park, whose term expired. NOMINATION LAID ON THE TABLE Senator ROBBINS. Madam President, I request that the nomination just read by the Clerk be laid on the table. The PRESIDENT. The nomination will be laid on the table. EXECUTIVE NOMINATION EXECUTIVE SESSION Motion was made by Senator ROBBINS, That the Senate do now resolve itself into Executive Session for the purpose of considering a certain nomination made by the. Which was agreed to by voice vote. NOMINATION TAKEN FROM THE TABLE Senator ROBBINS. Madam President, I call from the table a certain nomination and ask for its consideration. The Clerk read the nomination as follows: MEMBER OF THE STATE BOARD OF MEDICINE January 4, 2005 advice and consent ofthe Senate, James W. Freeman, M.D., P.O. 344, Shippensburg 17257, Cumberland County, Thirty-first Senatorial District, for appointment as a member ofthe State Board of Medicine, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Richard E. Wright, M.D., Bethel Park, whose term expired. On the question, Will the Senate advise and consent to the nomination? The yeas and nays were required by Senator ROBBINS and were as follows, viz: Armstrong Boscola Brightbill Conti Corman Jubelirer Kasunic Kitchen LaValle Lemmond YEA-46 Pileggi Pippy Punt Rafferty Regola Tomlinson Vance Waugh Wenger White, Donald Costa Earll Erickson Ferlo Gordner Greenleaf Hughes Logan Madigan Mellow Musto O'Pake Orie Piccola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 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 be informed accordingly. EXECUTIVE SESSION RISES Senator ROBBINS. Madam President, I move that the Executive Session do now rise. The motion was agreed to by voice vote. UNFINISHED BUSINESS BILLS REPORTED FROM COMMITTEE Senator ORIE, from the Committee on Aging and Youth, reported the following bills: SB 63 (Pr. No. 271) (Amended) An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for, in child protective services, investigation of reports and for county agency requirements for general protective services. SB 86 (Pr. No. 79) An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for disposition of complaints received. RESOLUTION REPORTED FROM COMMITTEE Senator BRIGHTBILL, from the Committee on Rules and Executive Nominations, reported the following resolution: SR26(Pr.No.238) A Resolution designating March 6,2005, as "Lymphedema D-Day" in Pennsylvania. The PRESIDENT. The resolution will be placed on the Calendar. SENATE RESOLUTION ADOPTED Senators PICCOLA, RHOADES, BRIGHTBILL, WONDERLING, BOSCOLA, KITCHEN, THOMPSON, C. WILLIAMS, SCARNATI, STACK, MELLOW, MADIGAN, GORDNER, D. WHITE, PILEGGI, ERICKSON, WENGER, WOZNIAK, ORIE, ARMSTRONG, M. WHITE, OTAKE, COSTA, LOGAN, TOMLINSON, RAFFERTY, CONTI, GREENLEAF, ROBBINS, CORMAN, EARLL, LEMMOND and WAUGH, by unanimous consent, offered Senate Resolution No. 28, entitled:

19 2005 LEGISLATIVE JOURNAL SENATE 113 A Resolution designating the week of February 13 through 19, 2005, as "Career and Technical Education Week" in Pennsylvania. Which was read, considered, and adopted by voice vote. Senators C. WILLIAMS, BOSCOLA, KITCHEN, TARTAGLIONE, EARLL, M. WHITE, ORIE, VANCE, MELLOW, LaVALLE, O'PAKE, MUSTO, HUGHES, COSTA, PICCOLA, BRIGHTBILL and JUBELIRER, by unanimous consent, offered Senate Resolution No. 29, entitled: A Resolution designating February 14, 2005, as "League of Women Voters of Pennsylvania Day." On the question, Will the Senate adopt the resolution? The PRESIDENT. The Chair recognizes the gentlewoman from Montgomery, Senator Connie Williams. Senator C. WILLIAMS. Madam President, I rise to ask for support today for a resolution celebrating American women and the League of Women Voters of Pennsylvania on 85 years of furthering democracy, and proclaiming February 14, 2005, as League of Women Voters in Pennsylvania Day. In 1897, Susan B. Anthony, a key figure in the women's suffrage movement, said there would never be complete equality until women themselves help make the laws and elect lawmakers. We have come a long way since the women's suffrage amendment was first introduced in Congress in It took 40 years, with the amendment being introduced each and every year, until women were given the right to vote under the 19th Amendment, which was ratified in The 19th Amendment says, "The right of citizens ofthe United States to vote shall not be denied or abridged by the United States or by any State on account of sex." As a woman, daughter, wife, sister, mother, aunt, and an elected leader, and hopefully one day as a grandmother, I stand here today representing the women of Pennsylvania. We face many challenges and have taken advantage of hard-won opportunities. Yet, we know we cannot give up the fight for equal opportunity, equal access, and equal pay. The future is up to each of us. What we do today will create future opportunities for our daughters and our granddaughters. We are fortunate to have an ally in this effort, the League of Women Voters. Since the 1920s, the League has sought to empower individuals to become involved in public policy and to lead citizens in the Commonwealth by providing balanced, nonpartisan information. The League's success is the success of every woman, and the success of every woman is the success of every child, every family, every State, and ultimately the whole country. I am going to ask for this resolution to be kept open at the desk so all who have not signed on can sign on, and I am proud to say that every female Member ofthe Senate has. It is an honor to be part ofthe 85th celebration of furthering democracy and of celebrating the League of Women Voters of Pennsylvania. 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. CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Congratulations ofthe Senate were extended to Mr. and Mrs. Walter Kreider, Mr. and Mrs. Richard Harvey and to Minnie Stein by Senator Armstrong. Congratulations of the Senate were extended to Kevin M. Brewer by Senator Boscola. Congratulations of the Senate were extended to Reverend Amos Goodwine, Sr., Everline Jefferson Gilmore and to Betty Jean Jones Baldwin by Senator Earll. Congratulations ofthe Senate were extended to John Dezell by Senator Erickson. Congratulations ofthe Senate were extended to Goldenberg Rosenthal of Jenkintown by Senator Fumo. Congratulations ofthe Senate were extended to Mr. and Mrs. Jay Scott Hock by Senator Gordner. Congratulations of the Senate were extended to Anna Mae Neff by Senator Jubelirer. Congratulations ofthe Senate were extended to Mr. and Mrs. Michael Messarge and to Ida Reichard by Senator Madigan. Congratulations of the Senate were extended to the 13 th Annual Dr. Martin Luther King, Jr., Community Celebration Luncheon of Reading and Berks County by Senator O'Pake. Congratulations of the Senate were extended to Jeffrey Steinmetz, Heather Sopher, Ashley Tylavsky, Natalie Lubinsky, Tiffany McMillen and to Allison Romansky by Senator Regola. Congratulations of the Senate were extended to Andrew P. Reasinger and to Joseph P. McDonough by Senator Scamati. Congratulations of the Senate were extended to the Polish National Alliance by Senator Tartaglione. Congratulations ofthe Senate were extended to Todd Buch by Senator Tomlinson. Congratulations ofthe Senate were extended to Mary Louise Baradziej by Senators Tomlinson and Musto. Congratulations of the Senate were extended to Gary R. Richards, Sr., Sheila D'Arrigo, Carol Heltzel, Marie Breland and to Mark Becker by Senator Waugh. Congratulations of the Senate were extended to Matthew Patrick Campbell and to Brandon Adams by Senator Wenger. Congratulations ofthe Senate were extended to Mr. and Mrs. Kenneth L. Risinger by Senator D. White. Congratulations ofthe Senate were extended to Mr. and Mrs. Harry Sheatz by Senator M.J. White. Congratulations ofthe Senate were extended to the Keystone Central Youth International Basketball Team by Senator Wozniak. CONDOLENCE RESOLUTION The PRESIDENT laid before the Senate the following resolution, which was read, considered, and adopted by voice vote:

20 114 LEGISLATIVE JOURNAL SENATE FEBRUARY 14, Condolences ofthe Senate were extended to the family ofthe late Leone P. Irvine by Senator Orie. BILLS ON FIRST CONSIDERATION Senator BOSCOLA. Madam President, I move that the Senate do now proceed to consideration of all bills reported from committee for the first time at today's Session. The motion was agreed to by voice vote. The bills were as follows: SB 63 and SB 86. And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. PETITIONS AND REMONSTRANCES The PRESIDENT. The Chair recognizes the gentlewoman from Venango, Senator Mary Jo White. Senator M.J. WHITE. Madam President, I want to join Senator Connie Williams and my colleagues in celebrating women's suffrage in Pennsylvania and in the country. It is difficult for me to realize, but it is true that my adult grandmother could not vote, which is astonishing, and then for me to be here in this Chamber today with my colleagues. I do have granddaughters, and I think this is an exciting time for them, and the progress we have made here is tremendous. I also want to thank my colleagues for their unanimous support ofthe Hazardous Sites Clean-up Fund Continuation and Funding Act which we passed here today out of the Senate. Basically, it directs an amount equal to a quarter mill of the capital stock andfranchisetax from the General Fund to the Hazardous Sites Clean-up Fund, about $36 million. This is the steady revenue fund that has funded HSCA until This is not a permanent fix, and it does not affect our commitment to phase out the capital stock andfranchisetax by 2010, or earlier, but this is to prevent that fundfrombasically being bankrupt. At present, DEP has stopped remediation and clean-up efforts, stopped investigations into illegal contamination of hazardous sites, and threatened to furlough 225 employees beginning April 1, if funding for this program was not forthcoming. Obviously, the clean-up of toxic elements and spills in our environment is of great importance to the people of this Commonwealth. It must and should be afimdingpriority, and I am happy that my colleagues recognized that and voted unanimously to continue the funding, and I hope that the House will act very promptly on this piece of legislation so there is no interruption in these important efforts. Thank you very much. The PRESIDENT. The Chair recognizes the gentleman from Montgomery, Senator Wonderling. Senator WONDERLING. Madam President, I rise briefly this afternoon, not necessarily as a Member of this body, but as a user of mass transit in southeastern Pennsylvania. I briefly want to comment on those folks who visited our Capitol today with a clarion call to deal with the transit funding issue. In fact, I applaud, literally when I saw hundreds of individuals enter the Capitol, it truly was democracy in action, and I know that their intentions were well-meaning. As a Member of this body and as someone who represents a good portion of southeastern Pennsylvania, I have a real interest and earnest concern about how we deal with transitfimding,not necessarily just in the short term, but in the long term as well, which is why, Madam President, I wanted to speak briefly about my experience yesterday as a user ofthe system when two of my three boys, afriendof mine and his son, and I sought to use the train to leave our area to go to Philadelphia to see the Philadelphia Auto Show. My son's 14-year-oldfriendwent on the Internet to find out the train schedule for SEPTA. We got the schedule and arrived at the station 10 minutes early, only to find that, ultimately, the scheduled time had gone past, no train. We came to leam that, indeed, they had adopted a new and short-term weekend schedule which clearly was not altered on the Internet on the Web, as we were seeking the convenience of mass transit to enter Philadelphia. To make a long story short, we waited well over 1 hour and 20 minutes for the next train and made our way to Philadelphia. At the auto show, SEPTA customer service representatives were touting SEPTA as an alternative to automobiles, handing out train schedules, and we grabbed one for the R-5 local, and it, too, was outdated and not modified. Lord knows how many folks got that paper schedule yesterday in the hopes of catching the train at the appointed hour to find a way home. I only cite this story, Madam President, because I believe if we are going to have a serious discussion about mass transit in this Commonwealth, not just in southeastern Pennsylvania, then we really do need to think about structurally reforming these transit agencies to meet the needs ofthe 21st century. The fact of the matter is, we all transact now over the Internet for goods and services, whatever it might be, and Jake Radcliffe did so yesterday to obtain an accurate and timely train schedule, which indeed was not the case. I know I cannot speak for my colleagues in the southeastern part ofthe State or my colleagues in this body, but I think if we are going to have a serious discussion in the coming months about funding transit, we ought to, at a minimum, talk about funding an organization or organizations that are being repositioned for 21st century trends, demands, commuter and mobility needs and requirements. Otherwise, all we will be doing is funding the same old, same old and having to revisit the problem year in and year out. So, Madam President, I thank you for the opportunity today not to rise just as a Member of this body, but as a user of transit who thinks that now is the time for structural reform to our transit systems across the Commonwealth. Thank you. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITTEE MEETINGS TUESDAY, FEBRUARY 15, 2005