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1 COMMONWEALTH OF PENNSYLVANIA iii jzlafibr jnurnai WEDNESDAY, SEPTEMBER 24, 2008 SESSION OF ND OF THE GENERAL ASSEMBLY No. 61 SENATE WEDNESDAY, September 24, 2008 The Senate met at 11 a.m., Eastern Daylight Saving Time. The PRESIDENT pro tempore (Joseph B. Scarnati 111) in the Chair. PRAYER The Chaplain, Reverend W. CRAIG SMITH, of Mt. Jewett/Hazel Hurst United Methodist Church, Kane, offered the following prayer: We had a beautiful trip down here yesterday from Kane, and I was looking at the Scripture this morning, and it says, I look up to the hills, but where does my help come from? My help comes from the Lord, who made heaven and earth. Dear Lord, this morning, we come to You for help in the work that is before this body of government today. On this day of business, in this great place of government, we ask You for wisdom and knowledge. We pray for each person here today who represents a district with needs. Bring Your love and compassion to each one here, and help each one here reach out to find common ground for each and every person in this great State. Help direct the affairs of this legislative body, and on this day, we ask for the wisdom and direction of our Federal government as it works to put things in order with the financial problems we face. We ask this all in Your holy name. Amen. The PRESIDENT pro tempore. The Chair thanks Reverend Smith, who is a guest of mine today. Thank you for traveling down from the great northwest. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) SPECIAL ORDER OF BUSINESS ANNOUNCEMENT BY THE SECRETARY The SECRETARY. Consent has been given for the Committee on Appropriations to consider House Bill No. 647 during today's Session. BILLS INTRODUCED AND REFERRED The PRESIDENT pro tempore laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk: September 24, 2008 Senator WAUGH presented to the Chair SB 1590, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for required financial responsibility. Which was committed to the Committee on BANKING AND INSURANCE, September 24, Senators WAUGH, WOZNIAK, BRUBAKER, GREENLEAF and LOGAN presented to the Chair SB 1591, entitled: An act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for the issuance of identification cards. Which was committed to the Committee on TRANSPORTA- TION, September 24, Senators WAUGH, WASHINGTON, KITCHEN and PUNT presented to the Chair SB 1592, entitled: An Act amending the act of May 15, 1939 (P.L.134, No.65), referred to as the Fireworks Law, providing for a public safety fee. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, September 24, Senators WAUGH, WASHINGTON, RAFFERTY, KITCHEN and PUNT presented to the Chair SB 1593, entitled: An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, providing for testing prior to sewage sludge application. Which was committed to the Committee on ENVIRONMEN- TAL RESOURCES AND ENERGY, September 24, Senators FONTANA, WOZNIAK, McILHINNEY, FERLO, FUMO, MUSTO, STOUT, O'PAKE, WONDERLING, BRUBAKER, REGOLA, EICHELBERGER and GORDNER presented to the Chair SB 1594, entitled: An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, further providing for license requirements. Which was committed to the Committee on GAME AND FISHERIES, September 24, BILLS REPORTED FROM COMMITTEES Senator BRUBAKER, from the Committee on Agriculture and Rural Affairs, reported the following bill:

2 2546 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 24, HB 2525 (Pr. No. 4434) (Amended) (Rereported) An Act amending the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, further providing for definitions, for issuance of dog licenses, for applications for dog licenses, for license certificates, for kennels, for requirements for kennels, for out-of-state dealer license, for bills of sale, for revocation, suspension or refusal of kennel licenses, for transportation of dogs, for health certificates for importation, for inspections of premises and dogs and for additional duties of department; providing for refusal of entry and for the Canine Health Board; further providing for seizure and detention of dogs, for confinement of dogs, for dog bites, for registration, for certain requirements, for control of dangerous dogs, for public safety, for selling, bartering or trading dogs, for damages caused by coyotes, for burdens of proof, for enforcement and for violations; providing for exemption; further defining "releasing agency"; and making editorial changes. Senator GREENLEAF, from the Committee on Judiciary, reported the following bill: HB 1147 (Pr. No.1396) An Act amending the act of November 24, 1998 (P.L.874, No.110), known as the Motor Vehicle Chop Shop and Illegally Obtained and Altered Property Act, further providing for the definition of "chop shop." Senator ERICKSON, from the Committee on Public Health and Welfare, reported the following bills: SB 1455 (Pr. No. 2386) An Act establishing the Keystone Care Prescription Assistance Program in the Department of Public Welfare to provide prescription drug assistance; and making an appropriation. SB 1564 (Pr. No. 2363) An Act establishing the Keystone Care Program in the Department of Health to provide grants for health care services; and making an appropriation. HB 2034 (Pr. No. 4433) (Amended) An Act providing for long-term care patient access to pharmaceuticals; and conferring powers and duties on the State Board of Pharmacy. HB 2625 (Pr. No. 4117) An Act establishing the County Access to Community-based Care and Extended Safety-net Services (County Access) Program in the Department of Health; setting criteria for eligibility for counties and health care providers; developing plans to assure people and families with low income access to a continuum of health care services on a county basis; and providing for powers and duties of the Department of Public Welfare, the Department of Health and the Insurance Department. Senator PIPPY, from the Committee on Urban Affairs and Housing, reported the following bill: SB 1291 (Pr. No. 2447) (Amended) An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for neighborhood blight reclamation and revitalization. LEGISLATIVE LEAVE gentleman from Berks, Senator O'Pake. Senator O'PAKE. Mr. President, I request a legislative leave for Senator Washington. The PRESIDENT pro tempore. Senator O'Pake requests a legislative leave for Senator Washington. Without objection, the leave will be granted. SPECIAL ORDER OF BUSINESS JOURNALS APPROVED The PRESIDENT pro tempore. The Journals of the Sessions of July 2, 2008, July 3, 2008, July 4, 2008, and July 8, 2008, are now in print. The Clerk proceeded to read the Journals of the Sessions of July 2, 2008, July 3, 2008, July 4, 2008, and July 8, Senator PILEGGI. Mr. President, I move that further reading of the Journals be dispensed with and that the Journals be approved. Will the Senate agree to the motion? The yeas and nays were required by Senator PILEGGI and were as follows, viz: YEA-50 Armstrong Fontana O'Pake Tartaglione Baker Fumo One Tomlinson Boscola Gordner Piccola Vance Browne Greenleaf Pileggi Washington Brubaker Hughes Pippy Waugh Corman Kasunic Punt White, Donald Costa Kitchen Rafferty White, Mary Jo Dinniman LaValle Regola Williams, Anthony H. Earll Logan Rhoades Williams, Constance Eichelberger Madigan Robbins Wonderling Erickson McIlhinney Scarnati Wozniak Ferlo Mellow Stack Folmer Musto Stout NAY-0 A majority of the Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT pro tempore. The Journals are approved. SENATE RESOLUTION ADOPTED Senators BROWNE and COSTA, by unanimous consent, offered Senate Resolution No. 390, entitled: A Resolution recognizing Paul D. Halliwell for his numerous years of service to this Commonwealth, and honoring him upon his retirement as chair of the Public Employee Retirement Commission. Will the Senate adopt the resolution? gentleman from Lehigh, Senator Browne.

3 2008 LEGISLATIVE JOURNAL - SENATE 2547 Senator BROWNE. Mr. President, it is always a pleasure to have an opportunity to recognize those individuals who have dedicated a career toward the service of the citizens of this Commonwealth. In that regard, I am very proud, today, to join my colleague, Senator Costa, in recognizing Paul Halliwell for his long service to this Commonwealth, currently as chairman of the Public Employee Retirement Commission. As you know, the Retirement Commission provides this Assembly--which is very active on bills that affect our pension systems--with information that we can use to evaluate whether these pieces of legislation will have positive or negative implications on the fiscal solvency of our many pension systems throughout the Commonwealth. Mr. Halliwell has directed that for many, many years. In addition, during his tenure, the commission has provided tremendous leadership in public policy studies and public policy statements that have assisted us in making our decisions in this Assembly regarding legislation that will affect the long-term viability of our pensions. Mr. Halliwell has done a tremendous job during his career here, and in that regard, I am very proud to be able to offer a resolution from the State Senate recognizing his long service and wishing him well in his retirement. Please join me, all the Members of the Senate, in sponsoring this resolution and recognizing Mr. Halliwell. gentleman from Allegheny, Senator Costa. Senator COSTA. Mr. President, 1, too, want to rise and concur in the comments made by my friend and colleague, Senator Browne, regarding Mr. Halliwell. He is one of those individuals who, for a number of years, has been a faithful and dedicated servant of the Commonwealth of Pennsylvania. I have had the pleasure of working with him as a member of the Public Employee Retirement Commission for a number of years now, and he along with so many others in that agency are individuals who do a tremendous job. His service to the board and to the commission has been something that we have benefitted from. So I want to join my colleague and ask my other colleagues to join us in supporting this resolution recognizing one of the outstanding servants of Pennsylvania. Thank you, Mr. President. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. GUEST OF SENATOR PATRICK M. BROWNE AND SENATOR JAY COSTA PRESENTED TO THE SENATE The PRESIDENT pro tempore. Would the guest of Senator Browne and Senator Costa please rise so the Senate may give you a welcome. (Applause.) SPECIAL ORDER OF BUSINESS GUEST OF SENATOR MICHAEL A. O'PAKE PRESENTED TO THE SENATE gentleman from Berks, Senator O'Pake. Senator O'PAKE. Mr. President, one of our guest Pages today is from my district. He is a very bright senior from Muhlenberg High School, has close to a 4.0 average, and is very interested in political science. As a matter of fact, he recently attended a young leaders conference in Washington, D.C. So now he is here to see how a State legislature should work efficiently, effectively, and I hope that it will help him in his career decisions. His name is George Daniel Jonas, and I ask the Senate to welcome George to the Senate of Pennsylvania. The PRESIDENT pro tempore. Would the guest of Senator O'Pake please rise. (Applause.) GUESTS OF SENATOR ANDREW E. DINNIMAN PRESENTED TO THE SENATE gentleman from Chester, Senator Dinniman. Senator DINNIMAN. Mr. President, it is my privilege today to have a constituent who is another one of our guest Pages. His name is Justin Achee. Justin, by the way, is active in our community. He is very interested in understanding the legislative process, and that is one reason he wanted to be here today. He is very interested in politics as well. In fact, he will be competing in the Lincoln-Douglas debate this year, a debate program that is sponsored by the National Christian Forensics and Communications Association. And the resolution might interest us in the Senate. The resolution of the debate is one we can learn from: when in conflict, one should value idealism above pragmatism. Finally, I want to say that the homeschool movement in Chester County is alive and well, and Justin is a great example of the success of homeschooling. It is important in our community that we have school choice, and Justin shows us how well students can do in opportunities when a school choice such as homeschooling is an option within our communities. I would also like to introduce his mother, Patricia Achee, who is here. Patty has been one of the leaders in the homeschool movement in southeastern Pennsylvania, and Patty also was in charge of a reading contest every summer, where I was privileged, over the last 10 years, to be able to present awards., So, Mr. President, I hope we will have a warm Senate welcome for our Page Justin Achee and his mother, Patricia Achee. Thank you, Mr. President. The PRESIDENT pro tempore. Would the guests of Senator Dinniman please rise so we can give you a warm welcome. (Applause.) RECESS gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a recess of the Senate for the purpose, first, of a meeting of the Committee on Appropriations to be held in the Rules room, to be followed by a Republican caucus to be held in the Majority Caucus Room. I would expect the caucus to last no more than 1 hour. gentleman from Berks, Senator O'Pake.

4 2548 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 24, Senator O'PAKE. Mr. President, after the meeting of the Committee on Appropriations, I ask the Senate Democrats to report to our caucus room. It is a very important caucus. The PRESIDENT pro tempore. For the purpose of a meeting of the Committee on Appropriations, to be followed by Republican and Democratic caucuses, without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT pro tempore. The time of recess having expired, the Senate will come to order. BILLS REPORTED FROM COMMITTEE Senator ARMSTRONG, from the Committee on Appropriations, reported the following bills: SB 1422 (Pr. No. 2414) (Rereported) An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, in health and accident insurance, providing for group health policies to continue for period of time after termination of employment or membership in health maintenance organizations. SB 1453 (Pr. No. 2415) (Rereported) An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, further providing for conditions subject to which policies are to be issued; and providing for health insurance coverage for certain children of insured parents. HB 647 (Pr. No. 2449) (Rereported) An Act relating to crane operator licensure; establishing the State Board of Crane Operators; conferring powers and imposing duties relative to regulating the practice of crane operation; imposing penalties; and making an appropriation. HB 2629 (Pr. No. 3939) (Rereported) An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, further providing for licensure. LEGISLATIVE LEAVES gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a temporary Capitol leave for Senator Armstrong, and legislative leaves for Senator Earll and Senator Punt. The PRESIDENT pro tempore. Senator Pileggi requests a temporary Capitol leave for Senator Armstrong, and legislative leaves for Senator Earll and Senator Punt. Without objection, the leaves will be granted. CALENDAR THIRD CONSIDERATION CALENDAR BILLS ON THIRD CONSIDERATION REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER SB 5 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 884 (Pr. No. 2433) -- The Senate proceeded to consideration An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, restricting municipalities from regulating amateur radio service communications. 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: YEA-49 Armstrong Fumo One Tomlinson Baker Gordner Piccola Vance Boscola Greenleaf Pileggi Washington Browne Hughes Pippy Waugh Brubaker Kasunic Punt White, Donald Corman Kitchen Rafferty White, Mary Jo Costa LaValle Regola Williams, Anthony H. Dinniman Logan Rhoades Williams, Constance Earll Madigan Robbins Wonderling Eichelberger Mcllhinney Scarnati Wozniak Erickson Mellow Stack Folmer Musto Stout Fontana O'Pake Tartaglione Ferlo NAY] A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. SB 908 (Pr. No. 2374) -- The Senate proceeded to consideration An Act amending the act of December 22, 1983 (P.L.327, No.85), known as the Auctioneer and Auction Licensing Act, further providing for auctioneer and apprentice auctioneer licenses. 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:

5 2008 LEGISLATIVE JOURNAL - SENATE 2549 YEA-50 Armstrong Fontana O'Pake Tartaglione Baker Fumo One Tomlinson Boscola Gordner Piccola Vance Browne Greenleaf Pileggi Washington Brubaker Hughes Pippy Waugh Corman Kasunic Punt White, Donald Costa Kitchen Rafferty White, Mary Jo Dinniman LaValle Regola Williams, Anthony H. Earll Logan Rhoades Williams, Constance Eichelberger Madigan Robbins Wonderling Erickson Mcllhinney Scarnati Wozniak Ferlo Mellow Stack Folmer Musto Stout NAY-0 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. LEGISLATIVE LEAVES gentleman from Berks, Senator O'Pake. Senator O'PAKE. Mr. President, I request legislative leaves for Senator Boscola and Senator Kasunic. The PRESIDENT pro tempore. Senator O'Pake requests legislative leaves for Senator Boscola and Senator Kasunic. Without objection, leaves will be granted. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR RESUMED BILL ON THIRD CONSIDERATION AND FINAL PASSAGE HB 1177 (Pr. No. 4345) -- The Senate proceeded to consideration An Act amending Title 40 (Insurance) of the Pennsylvania Consolidated Statutes, further providing for definitions, for scope of service and for rights of health service doctors. 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: YEA-50 Armstrong Fontana O'Pake Tartaglione Baker Fumo One Tomlinson Boscola Gordner Piccola Vance Browne Greenleaf Pileggi Washington Brubaker Hughes Pippy Waugh Corman Kasunic Punt White, Donald Costa Kitchen Rafferty White, Mary Jo Dinniman LaValle Regola Williams, Anthony H. Earll Logan Rhoades Williams, Constance Eichelberger Madigan Robbins Wonderling Erickson Mcllhinney Scarnati Wozniak Ferlo Mellow Stack Folmer Musto Stout NAY-0 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same with amendments in which concurrence of the House is requested. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 1258 (Pr. No. 2410) -- The Senate proceeded to consideration An Act amending the act of May 21, 1943 (P.L.571, No.254), known as The Fourth to Eighth Class and Selective County Assessment Law, further providing for appeals by municipalities. 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: YEA-37 Armstrong Gordner O'Pake Stack Boscola Greenleaf One Stout Browne Hughes Pileggi Tomlinson Corman Kasunic Pippy Washington Costa LaValle Punt White, Donald Dinniman Logan Rafferty White, Mary Jo Earll Madigan Regola Wozniak Erickson Mcllhinney Rhoades Fontana Mellow Robbins Fumo Musto Scarnati NAY- 13 Baker Folmer Vance Wonderling Brubaker Kitchen Waugh Eichelberger Piccola Williams, Anthony H. Ferlo Tartaglione Williams, Constance 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.

6 2550 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 24, BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. SECOND CONSIDERATION CALENDAR BILLS REREPORTED FROM COMMITTEE AS AMENDED ON SECOND CONSIDERATION SB 1400 (Pr. No. 2435) -- The Senate proceeded to consideration An Act amending the act of December 3, 1959 (P.L. 1688, No.621), known as the Housing Finance Agency Law, providing for the Pennsylvania Housing Affordability and Rehabilitation Enhancement Program. SB 1584 (Pr. No. 2436) -- The Senate proceeded to consideration An Act providing for divestiture by the State Treasurer, the Pennsylvania Municipal Retirement System, the State Employees' Retirement System and the Public School Employees' Retirement System of investments in companies doing business in Iran and Sudan. BILLS ON SECOND CONSIDERATION HB 44 (Pr. No. 4414) -- The Senate proceeded to consideration An Act prohibiting the sale, installation and disposal of mercury thermostats; and prescribing penalties. SB 147 (Pr. No. 2373) -- The Senate proceeded to consideration An Act amending the act of July 2, 1993 (P.L.345, No.48), entitled "An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; providing additional powers to the Commissioner of Professional and Occupational Affairs; and further providing for civil penalties and license suspension," further providing for civil penalties; and making related repeals. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. AND REREFERRED HB 347 (Pr. No. 4430) -- The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in registration of vehicles, further providing for issuance and reissuance of registration plates and for lost, stolen, damaged or illegible registration plate; in commercial drivers, further providing for commercial driver's license qualification standards; in fees, further providing for exemptions from other fees; in rules of the road in general, further providing for speed timing devices; in inspection of vehicles, further providing for inspection by police or Commonwealth personnel; in powers of department and local authorities, further providing for promulgation of rules and regulations by department; and in snowmobiles and all-terrain vehicles, further providing for definitions. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. BILL OVER IN ORDER TEMPORARILY HB Without objection, the bill was passed over in its order temporarily at the request of Senator PILEGGI. BILL REREFERRED HB 708 (Pr. No. 4377) -- The Senate proceeded to consideration An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, further providing, in Local Government Capital Project Loan Fund provisions, for assistance to municipalities and for ranking of local government capital project loan applications. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. SB 739 (Pr. No. 2424) -- The Senate proceeded to consideration An Act amending the act of December 15, 1982 (P.L.1266, No.287), entitled, as amended, "An act conferring limited residency status on military personnel, their dependents and civilian personnel assigned to an active duty station in Pennsylvania," expanding applicability of the act to include all active duty personnel and their dependents.

7 2008 LEGISLATIVE JOURNAL - SENATE 2551 AND REREFERRED HB 834 (Pr. No. 4416) -- The Senate proceeded to consideration An Act relating to hours of employment of health-care employees; providing for penalties and remedies; and imposing powers and duties on the Department of Labor and Industry.. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. BILL REREFERRED SB 902 (Pr. No. 2429) -- The Senate proceeded to consideration An Act amending the act of December 18, 2001 (P.L.949, No.114), known as the Workforce Development Act, further providing for membership of the Pennsylvania Workforce Investment Board; and establishing the Pennsylvania Center for Health Careers. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. HB 949 (Pr. No. 4428) -- The Senate proceeded to consideration An Act amending the act of July 10, 1990 (P.L.404, No.98), known as the Real Estate Appraisers Certification Act, further providing for real estate appraiser certification required, for application and qualifications and for certification renewal, licensure renewal and records. BILLS OVER IN ORDER HB 1027, HB 1086, SB 1236 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. AND REREFERRED HB 1439 (Pr. No. 4390) -- The Senate proceeded to consideration An Act of June 26, 1931 (P.L.1379, No.348), referred to as the Third Class County Assessment Board Law, further providing for appeals by corporate authorities. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. BILLS OVER IN ORDER SB 1440 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI., AMENDED HB 1511 (Pr. No. 3764) -- The Senate proceeded to consideration An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for notice and hearing in juvenile matters. Will the Senate agree to the bill on second consideration? Senator GREENLEAF offered the following amendment No. A9288: Amend Title, page 1, line 2, by inserting after "Statutes,": in juvenile matters, adding definitions; Amend Title, page 1, line 3, by striking out "in juvenile matters." and inserting:, for other basic rights and for adjudications ofjuveniles. Amend Bill, page 1, lines 8 through 10, by striking out all of said lines and inserting: Section 1. Section 6302 of Title 42 of the Pennsylvania Consolidated Statutes is amended by adding definitions to read: Definitions. The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Assessment." An individualized examination of a child to determine the child's nsychosocial needs and problems, including the t y pe and extent of an y mental health, substance abuse or co-occurring mental health and substance abuse disorders and recommendations for treatment. The term includes, but is not limited to, a drug and alcohol, ps y chological and ps y chiatric evaluation, records review, clinical interview and the administration of a formal test and instrument. "Screening." A process regardless of whether it includes the administration of a formal instrument, that is designed to identif y a child who is at increased risk of having mental health, substance abuse or cooccurring mental health and substance abuse disorders that warrant immediate attention, intervention or more comprehensive assessment. Section 2. Section of Title 42 is amended to read: Amend Bill, page 5, by inserting between lines 19 and 20: Section 3. Section 6338 of Title 42 is amended by adding a subsection to read: Other basic rights. (c) Statements and information obtained during screening or assessment.- 1) No statements, admissions or confessions made b y or incriminating information obtained from a child in the course of a screening or assessment that is undertaken in conjunction with an y nroceedinas under this chanter including, but not

8 2552 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 24, limited to, that which is court-ordered, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under this chapter or on the issue of guilt in an y criminal proceeding. (2) The provisions of paragraph (1) are in addition to and do not over r ide an y existing statutor y and constitutional prohibition on the admission into evidence in delinquenc y and criminal proceedings of information obtained during screening, assessment or treatment. Section 4. Section 6341(d) of Title 42 is amended and the section is amended by adding a subsection to read: Adjudication. (b.2) Evidence on the finding of delinquency. (I) No statements, admissions or confessions made b y or incriminating information obtained from a child in the course of a screening or assessment that is undertaken in conjunction with an y proceedings under this chapter, including, but not limited to, that which is cou rt-ordered, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under this chapter or on the issue of guilt in an y criminal proceeding. (2) The provisions of paragraph (1) are in addition to and do not override an y existing statutor y and constitutional prohibition on the admission into evidence in delinquenc y and criminal proceedings of information obtained during screening. assessment or treatment. (d) Evidence on issue of disposition ) In disposition hearings under subsections (b) and (c) all evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. (ii) Subparagraph (I) includes an y screening and assessment examinations ordered b y the court to aid in disposition, even though no statements or admissions made during the course thereof ma y be admitted into evidence against the child on the issue of whether the child committed a delinquent act. The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making the reports. Sources of information given in confidence need not be disclosed. Amend Sec. 2, page 5, line 20, by striking out "2' and inserting: 5 Will the Senate agree to the amendment? The yeas and nays were required by Senator GREENLEAF and were as follows, viz: YEA-43 Armstrong Folmer O'Pake Stack Baker Fontana One Stout Boscola Gordner Piccola Tomlinson Browne Greenleaf Pileggi Vance Brubaker Kasunic Pippy Waugh Corman LaValle Punt White, Donald Costa Logan Rafferty White, Mary Jo Dinniman Madigan Regola Williams, Constance Earll Mcllhinney Rhoades Wonderling Eichelberger Mellow Robbins Wozniak Erickson Musto Scarnati NAY-7 Ferlo Hughes Tartaglione Williams, Anthony H. Fumo Kitchen Washington A majority of the Senators having voted "aye," the question was determined in the affirmative. Will the Senate agree to the bill on second consideration, as amended? It was agreed to. SB 1544 (Pr. No. 2334) -- The Senate proceeded to consideration An Act designating the bridge on State Route 655 on Main Street, Belleville, Union Township, Mifflin County as the Curt Zook Memorial Bridge. BILL REREFERRED SB 1573 (Pr. No. 2393) -- The Senate proceeded to consideration An Act amending the act of July 9, 2008 (P.L.915, No.64), known as the Water and Sewer Systems Assistance Act, further providing for definitions; further providing for incurring indebtedness and for the issue and sale of bonds; and creating the Water and Sewer Systems Assistance Bond Fund. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. HB 1742 (Pr. No. 4350) -- The Senate proceeded to consideration An Act requiring scrap processors and recycling facility operators to collect certain information relating to the purchase of scrap material; requiring commercial accounts; and restricting scrap processors and recycling facility operators from purchasing certain materials.

9 2008 LEGISLATIVE JOURNAL SENATE 2553 AND RECOMMITTED HB 2200 (Pr. No. 4429) -- The Senate proceeded to consideration An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further providing for definitions; providing for energy efficiency and conservation; further providing for duties of electric distribution companies; and providing for procurement. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill just considered was recommitted to the Committee on Consumer Protection and Professional Licensure. BILLS OVER IN ORDER HB 2289 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL REREFERRED HB 2548 (Pr. No. 3797) -- The Senate proceeded to consideration An Act amending the act of November 22, 1978 (P.L.1166, No.274), referred to as the Pennsylvania Commission on Crime and Delinquency Law, further providing for powers and duties of the commission. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. SENATE RESOLUTION No. 375, AMENDED AND ADOPTED Senator PILEGGI, without objection, called up from page 7 of the Calendar, Senate Resolution No. 375, entitled: A Resolution opposing certain Federal rules and procedures governing the regulation of the interstate transportation of natural gas and memorializing the Congress of the United States to repeal or modify certain provisions of the Natural Gas Policy Act of Will the Senate adopt the resolution? Senator DINNIMAN offered the following amendment No A9377: Amend Title, page 1, lines 4 and 5, by striking out "Policy Act of 1978" and inserting: Act of 1938 Amend First Whereas Clause, page 1, line 6, by striking out "created" and inserting: authorizes Amend Third Whereas Clause, page 1, line 12, by striking out "continued" and inserting: continues Amend Seventh Whereas Clause, page 2, line 22, by striking out "Policy Act of 1978" and inserting: Act of 1938 Amend Fourth Resolve Clause, page 3, line 15, by striking out "Policy Act of 1978" and inserting: Act of 1938 Amend Fifth Resolve Clause, page 3, line 21, by striking out "Policy Act of 1978" and inserting: Act of 1938 Will the Senate agree to the amendment? It was agreed to. Will the Senate adopt the resolution, as amended? A voice vote having been taken, the question was determined in the affirmative. SECOND CONSIDERATION CALENDAR RESUMED HB 588 CALLED UP HB 588 (Pr. No. 654) -- Without objection, the bill, which previously went over in its order temporarily, was called up, from page 3 of the Second Consideration Calendar, by Senator PILEGGI. HB 588 (Pr. No. 654) -- The Senate proceeded to consideration An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, further providing for purposes and powers of municipal authorities. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No. 1 BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 1422 (Pr. No. 2414) -- The Senate proceeded to consideration An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, in health and accident insurance, providing for group health policies to continue for period of time after termination of employment or membership in health maintenance organizations. 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?

10 2554 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 24, gentleman from Indiana, Senator Don White. Senator D. WHITE. Mr. President, I rise today to ask for an affirmative vote on Senate Bill No This legislation amends The Insurance Company Law of 1921 to create a mini-cobra Small Employer Group Health Plan in the Commonwealth. In essence, Senate Bill No extends the COBRA guidelines that permit temporary continuation of insurance coverage provided by small employers to groups that employ 2 to 19 employees. Currently, COBRA provides former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates when coverage is lost due to certain specific events. However, these benefits only apply to employers with 20 or more employees. It is estimated that the mini-cobra proposal included in Senate Bill No could provide an important safety net to an estimated 150,000 individuals who worked for small businesses but are between jobs. Mr. President, this benefit is already in place for larger companies. It is time to make it part of the health insurance network for small business employers, too. I ask for an affirmative vote on Senate Bill No Thank you. And the question recurring, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-50 Armstrong Fontana O'Pake Tartaglione Baker Fumo One Tomlinson Boscola Gordner Piccola Vance Browne Greenleaf Pileggi Washington Brubaker Hughes Pippy Waugh Corman Kasunic Punt White, Donald Costa Kitchen Rafferty White, Mary Jo Dinniman LaValle Regola Williams, Anthony H. Earl] Logan Rhoades Williams, Constance Eichelberger Madigan Robbins Wonderling Erickson Mcllhinney Scarnati Wozniak Ferlo Mellow Stack Folmer Musto Stout NAY-0 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. SB 1453 (Pr. No. 2415) -- The Senate proceeded to consideration An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, further providing for conditions subject to which policies are to be issued; and providing for health insurance coverage for certain children of insured parents. 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? gentleman from Centre, Senator Corman. Senator CORMAN. Mr. President, this bill is an attempt to target one of the largest populations of the uninsured here in Pennsylvania, young people between the ages of 18 and 35. This bill would affect those under the age of 30. Right now, if you are single and over the age of 18 and not in college, you cannot get on your parents' insurance plan. This would allow that to go up to the age of 29, just to allow those who may still not be in the employment market yet and trying to figure out where they can get health insurance, this will allow them, at their costs, their parents will be able to provide that insurance to them. So again, this is not the complete answer, by any stretch of the imagination, for the uninsured, but another tool, so to speak, to allow some part of this population to be able to gain health insurance, which is unavailable to them at this point in time. Thank you, Mr. President. gentleman from Chester, Senator Dinniman. Senator DINNIMAN. Mr. President, there is another wonderful benefit of this. Recently, parents of children with attention deficit disorder came to see me, and many of these youngsters can only take three courses at a time instead of a full load at a university, but at 23, they are knocked off of their parents' insurance. This will allow them to remain on, so this is another very positive effect of Senator Corman's bill. gentleman from Allegheny, Senator Ferlo. Senator FERLO. Mr. President, obviously I rise to speak in favor of this legislation. I think it is important to note, however, that it is not any particular windfall. It is basically still an obligation on that family to pay what presumably at some point will be an increased premium on the part of the private health insurance company, when and if they finally figure out what the actual cost and the risk is to them. In the previous bill, I also support the COBRA obligation. I think both of these bills are bills that were initially introduced by Senate Democratic colleagues. What I do want to characterize, though, with all due respect, even though I voted in the affirmative on this and in support of an expanded role for community health clinics, which is the third leg of this stool, is the attempt by the Republican Majority to kind of cherry-pick healthcare reforms and nip away at an issue and a substantive problem facing so many Pennsylvanians, both more than 1.2 million of the uninsured as well as many more who are insured but have inadequate insurance. So I believe that we have an obligation to try to improve the lot that we represent, but I do have a concern about the kind of, as I described, cherry-picking of the process, not dealing fundamentally and substantively with the fundamentals of the lack of affordability and availability of health insurance. As you know,

11 2008 LEGISLATIVE JOURNAL - SENATE 2555 I have a single-payer plan in concept which would actually eliminate the role of the profiteers in the healthcare industry in our State and would set up a more fundamental approach. So while we continue to cherry-pick around this issue, and it is a counterbalance, as well, to a substantive debate that this Legislature and this Senate needs to have on Governor Rendell's proposal for expanded adultbasic, it just seems like we are doing this in a piecemeal approach, albeit something that the Majority on both sides of the aisle supports. But I hope and pray that at some point we can get to brass tacks and deal fundamentally and in a principled manner with the healthcare crisis that we face, not only in our nation but certainly within our Commonwealth. Thank you, Mr. President. gentleman from Centre, Senator Corman. Senator CORMAN. Mr. President, I thank the gentleman from Allegheny County for his support on the legislation. One person may refer to it as cherry-picking, and others may refer to it as targeting. We have taken a long, hard look at the uninsured population and tried to come up with some products that are targeting those who are uninsured and develop products that may benefit some. Again, this is not an end-all answer by any stretch of the imagination for the uninsured, but just another tool to allow some portion of that population to be able to gain insurance. There is still more work to be done, but we think it is a better approach to target those populations who are uninsured, and particularly the young people who make up the vast majority of the uninsured, and come up with different products that they may be able to access to get insurance without necessarily developing a whole new plan that can be extremely costly to the taxpayers. So this is a long way from over. There is a lot more to be done on this issue, and we are going to continue to work on it, but I guess I would just like to use the word "target" as opposed to "cherry-picking," targeting those who are uninsured and trying to come up with products that some may be able to access and come up with others that others may be able to access. Thank you, Mr. President. And the question recurring, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-50 Armstrong Fontana O'Pake Tartaglione Baker Fumo One Tomlinson Boscola Gordner Piccola Vance Browne Greenleaf Pileggi Washington Brubaker Hughes Pippy Waugh Corman Kasunic Punt White, Donald Costa Kitchen Rafferty White, Mary Jo Dinniman LaValle Regola Williams, Anthony H. Earll Logan Rhoades Williams, Constance Eichelberger Madigan Robbins Wonderling Erickson McIlhinney Scarnati Wozniak Ferlo Mellow Stack Folmer Musto Stout NAY-0 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. REREPORTED FROM COMMITTEE AS AMENDED REREFERRED HB 2525 (Pr. No. 4434) -- The Senate proceeded to consideration An Act amending the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, further providing for definitions, for issuance of dog licenses, for applications for dog licenses, for license certificates, for kennels, for requirements for kennels, for out-of-state dealer license, for bills of sale, for revocation, suspension or refusal of kennel licenses, for transportation of dogs, for health certificates for importation, for inspections of premises and dogs and for additional duties of department; providing for refusal of entry and for the Canine Health Board; further providing for seizure and detention of dogs, for confinement of dogs, for dog bites, for registration, for certain requirements, for control of dangerous dogs, for public safety, for selling, bartering or trading dogs, for damages caused by coyotes, for burdens of proof, for enforcement and for violations; providing for exemption; further defining "releasing agency"; and making editorial changes. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. EXECUTIVE NOMINATIONS EXECUTIVE SESSION Motion was made by Senator ROBBINS, That the Senate do now resolve itself into Executive Session for the purpose of considering certain nominations made by the Governor. Which was agreed to by voice vote. NOMINATION TAKEN FROM THE TABLE Senator ROBBINS. Mr. 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 HORSE RACING COMMISSION To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 5, 2008 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, John B. (Jeb) Hannum III, 545 Upland Road, Kennett Square 19348, Chester County, Nineteenth Senatorial District, for appointment as a member of the State Horse Racing Commission, to serve for a term of three years and until his successor is appointed and qualified, vice Larry Kent, Ardmore, resigned. EDWARD G. RENDELL Governor

12 2556 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 24, Will the Senate advise and consent to the nomination? gentleman from York, Senator Waugh. Senator WAUGH. Mr. President, in somewhat an unusual tack here, normally these nominations are something that we just kind of run through after due diligence and a little time to discuss with the nominees. I have had that time. I have actually, for the nominee just mentioned, and there is a second one for the Horse Racing Commission that is coming up shortly, I have had the opportunity to talk with both of these individuals at one time or another--actually, I have known Dr. Sweeney for a number of years now--and review them. Before I make my comments, I would like to say, just so it is clear, I have no problem personally with either one of these nominees. In fact, I think they are both qualified individuals, so I start my comments with that. However, I do rise today, Mr. President, to express my concern for the nomination for a different reason, and frankly, I am going to object, just by luck of the draw, to the first nominee. My objection and concern here is based purely on geographics. The horseracing industry in our State is a statewide industry of statewide importance and concern. It should be a concern to each and every one of us. We have horse tracks, obviously, that are sort of the center or focal point of our horseracing industry, but across this State, in probably every one of our 67 counties, there are individuals, family farms, businesses, and other interests concerned with the horseracing industry. The horseracing industry in our State is a diverse industry, and of course, we always think of the tracks and the folks who are involved with owning horses, but it goes well beyond that to the owners of breeding farms, the owners and operators of training stables, the horsemen themselves, the individuals who train, ride, and jockey horses, and of course, the farms. And this is really one of the more important ones to me. I think the one that stretches the entire breadth of the State is the farms. Some may be two or three horses large, or small, if you will, and some much larger, but these operations--probably every one of our counties, maybe with one or two exceptions, have horse farms located in them. My point is that the diversity of this industry, I feel, requires a diversity in the makeup of the board, and what we are about to do today is create a board that is exclusive. There are three members on the Horse Racing Commission. The incumbent member is from Chester County, Pennsylvania. I will raise the name of the county because you can all see it. I am not trying to pick on Chester. It just so happens that is how it is. And the two nominees that we are about to approve are also from Chester County, Pennsylvania. In fact, once we have completed this exercise, two of the individuals will have the exact same ZIP Code. I happen to believe that that is unfair. I believe that our State Horse Racing Commission should represent the diversity of the industry, and I believe it is high time that we take action to make sure that that occurs. I do not believe that that is going to happen today, obviously. I am not so naive to think that my standing on this floor is going to, in any way, negate or stop the action. I am not sure that I would even want to do that, frankly. I have given it my best the last several weeks, and here we are. I ask the Members to seriously consider an action that I believe we can take sometime when we return after this week that will address this very serious concern, and I believe it is a serious one. I am introducing a bill that would require that, in the future, there be geographic diversity on the State Horse Racing Commission. This is not an unprecedented move. In fact, a good number of our statewide commissions today require, and have for some time required, geographic diversity - the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission, just to name two that we think of quite often. I believe it is time that we change the statute to require that our Horse Racing Commission also be geographically diverse, and I am asking the Members to consider the bill that I am introducing after today's event. Mr. President, I would like to be cast in the negative on the first nominee for the Pennsylvania Horse Racing Commission. I will support the second nominee, which I believe is Dr. Sweeney, but I would like to be registered in the negative on the Hannum nomination, and I appreciate the Members' consideration of my comments here today. gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, briefly, I support my friend, the gentleman from York County, in his call for diversity and have agreed to cosponsor his bill. However, the Governor did send over two highly qualified nominees who happen to be from the same county, one of the two counties that I represent, and I will be supporting these nominees and ask for an affirmative vote. I would point out, for the information of the Members, that there will be another member of this three-member commission whose term will expire early next year, so we will have another opportunity to add some diversity, geographically, to this board. Thank you, Mr. President. gentleman from Chester, Senator Dinniman. Senator DINNIMAN. Mr. President, I do appreciate Senator Waugh's comments, but in defense of Chester County, we simply have a lot of qualified people. I am sure, on most of our boards, we always have a lot of qualified people. But I do want to thank the gentleman. I want to thank the gentleman for his willingness to let these nominations go forward. You notice that even with the gentleman's "no" vote, he stated he did not wish to hold these nominees. He understood these would go forward and does not object to that. We appreciate that. Perhaps we can figure out who is the real center of the horseracing industry by the gentleman getting his best horse there in York County and us getting our best horse in Chester County. Thank you, Mr. President. And the question recurring, Will the Senate advise and consent to the nomination? The yeas and nays were required by Senator ROBBINS and were as follows, viz: YEA-47 Armstrong Folmer Mellow Stack Baker Fontana Musto Stout Boscola Fumo O'Pake Tartaglione

13 2008 LEGISLATIVE JOURNAL - SENATE 2557 Browne Gordner Orie Tomlinson Brubaker Greenleaf Pileggi Washington Corman Hughes Pippy White, Donald Costa Kasunic Punt White, Mary Jo Dinniman Kitchen Rafferty Williams, Anthony H. Earll LaValle Regola Williams, Constance Eichelberger Logan Rhoades Wonderling Erickson Madigan Robbins Wozniak Ferlo Mcllhinney Scarnati NAY-3 Piccola Vance Waugh A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Governor be informed accordingly. NOMINATION TAKEN FROM THE TABLE Senator ROBBINS. Mr. 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 HORSE RACING COMMISSION To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 4, 2008 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Corinne Raphel Sweeney, 112 Barnview Road, Kennett Square 19348, Chester County, Ninth Senatorial District, for appointment as a member of the State Horse Racing Commission, to serve for a term of three years and until her successor is appointed and qualified, vice F. Eugene Dixon, Jr., Lafayette Hill, deceased. EDWARD G. RENDELL Governor Will the Senate advise and consent to the nomination? The yeas and nays were required by Senator ROBBINS and were as follows, viz: YEA-50 Armstrong Fontana O'Pake Tartaglione Baker Fumo One Tomlinson Boscola Gordner Piccola Vance Browne Greenleaf Pileggi Washington Brubaker Hughes Pippy Waugh Corman Kasunic Punt White, Donald Costa Kitchen Rafferty White, Mary Jo Dinniman LaValle Regola Williams, Anthony H. Earll Logan Rhoades Williams, Constance Eichelberger Madigan Robbins Wonderling Erickson Mcllhinney Scarnati Wozniak Ferlo Mellow Stack Folmer Musto Stout NAY-0 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, that the Governor be informed accordingly. NOMINATIONS TAKEN FROM THE TABLE Senator ROBBINS. Mr. President, I call from the table certain nominations and ask for their consideration. The Clerk read the nominations as follows: MEMBER OF THE BOARD OF TRUSTEES OF CLARKS SUMMIT STATE HOSPITAL To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 5, 2008 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Germaine A. Carey, 505 Gladiola Drive, Clarks Summit 18411, Lackawanna County, Twenty-second Senatorial District, for appointment as a member of the Board of Trustees of Clarks Summit State Hospital, to serve until the third Tuesday of January 2009, and until her successor is appointed and qualified, vice Theodore J. Giglio, Old Forge, whose term expired. EDWARD G. RENDELL Governor MEMBER OF THE STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE To the Honorable, the Senate of the Commonwealth of Pennsylvania: July 29, 2008 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Andrea Mowen, 1040 Wallace Avenue, Chambersburg 17201, Franklin County, Thirty-third Senatorial District, for reappointment as a member of the State Board of Occupational Therapy Education and Licensure, to serve for a term of three years and until her successor is appointed and qualified. EDWARD G. RENDELL Governor MEMBER OF THE STATE BOARD OF PHARMACY To the Honorable, the Senate of the Commonwealth of Pennsylvania: August 7, 2008 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Juli Miller, PhD (Public Member), 1101 Washington Avenue, P5, Philadelphia 19147, Philadelphia County, First Senatorial District, for appointment as a member of the State Board of Pharmacy, 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 Carol Goertzel, Media, whose term expired. EDWARD G. RENDELL Governor

14 2558 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 24, MEMBER OF THE STATE BOARD OF PHYSICAL THERAPY To the Honorable, the Senate of the Commonwealth of Pennsylvania: August 28, 2008 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Beth Daugherty Carr, 105 Woodhill Road, Danville 17821, Montour County, Twenty-seventh Senatorial District, for appointment as a member of the State Board of Physical Therapy, 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 Z. Annette Iglarsh, Philadelphia, whose term expired. EDWARD G. RENDELL Governor MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING To the Honorable, the Senate of the Commonwealth of Pennsylvania: July 29, 2008 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nader Ayoub (Public Member), 115 School Lane, Springfield 19064, Delaware County, Twenty-sxith [sic] Senatorial District, for appointment as a member of the State Board of Examiners in Speech-Language and Hearing, to serve until April 24, 2010, and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Janis Williams, Pittsburgh, resigned. EDWARD G. RENDELL Governor MEMBER OF THE STATE BOARD OF VETERINARY MEDICINE To the Honorable, the Senate of the Commonwealth of Pennsylvania: August 7, 2008 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, David R. Wolfgang, V.M.D., 214 Diebler Road, PA Furnace 16865, Centre County, Thirty-fourth Senatorial District, for appointment as a member of the State Board of Veterinary 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 Robert Cloninger, Centre Hall, whose term expired. EDWARD G. RENDELL Governor Will the Senate advise and consent to the nominations? The yeas and nays were required by Senator ROBBINS and were as follows, viz: YEA-50 Armstrong Fontana O'Pake Tartaglione Baker Fumo One Tomlinson Boscola Gordner Piccola Vance Browne Greenleaf Pileggi Washington Brubaker Hughes Pippy Waugh Corman Kasunic Punt White, Donald Costa Kitchen Rafferty White, Mary Jo Dinniman LaValle Regola Williams, Anthony H. Earll Logan Rhoades Williams, Constance Eichelberger Madigan Robbins Wonderling Erickson Mcllhinney Scarnati Wozniak Ferlo Mellow Stack Folmer Musto Stout NAY-0 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Governor be informed accordingly. EXECUTIVE SESSION RISES Senator ROBBINS. Mr. President, I move that the Executive Session do now rise. The motion was agreed to by voice vote. UNFINISHED BUSINESS SENATE RESOLUTIONS ADOPTED Senators FONTANA, PIPPY, COSTA, LOGAN, LAVALLE, FERLO, ORIE, STOUT, BOSCOLA, WASHINGTON, A. WIL- LIAMS, DINNIMAN, ERICKSON, FUMO, PUNT, RAFFER- TY, TARTAGLIONE, C. WILLIAMS, KASUNIC, O'PAKE, STACK, WONDERLING, REGOLA, EARLL, PILEGGI and GREENLEAF, by unanimous consent, offered Senate Resolution No. 391, entitled: A Resolution commemorating September 24, 2008, as the 220th anniversary of the formation of Allegheny County. Will the Senate adopt the resolution? gentleman from Allegheny, Senator Fontana. Senator FONTANA. Mr. President, on behalf of myself and those of us representing Allegheny County - Senator Costa, Senator Pippy, Senator Logan, Senator Ferlo, Senator Orie, Senator Stout, and Senator LaValle, all representing parts of Allegheny County - we offer this resolution commemorating the occasion of Allegheny County's 220th birthday, today, September 24, Mr. President, Allegheny County was formed on September 24, 1788, from parts of Washington and Westmoreland Counties after settlers living around Pittsburgh lobbied the Commonwealth to create a new county. In the early years, Allegheny County quickly became one of the key manufacturing areas in the nation, with Pittsburgh becoming the largest inland port in the nation, which it remains today.

15 2008 LEGISLATIVE JOURNAL - SENATE 2559 In the beginning, farming played a critical role in the growth of the area. Then, steel production became the dominant manufacturing activity. Today, Allegheny County is recognized for its hospitals, universities, and industrial centers. Allegheny County is the second largest county in the State, with a population of approximately 1.3 million people, 130 municipalities, and 42 school districts. The county is the home to a number of major companies and is ranked in the top 10 among U.S. cities, hosting headquarters of Fortune 500 corporations, which include U.S. Steel Corporation, PNC Financial Services, PPG Industries, and H.J. Heinz Company. Allegheny County is the birthplace of a number of notable individuals, Mr. President, from all walks of life, including Andrew Carnegie, Rachel Carson, Michael Keaton, Honus Wagner, Andy Warhol, and August Wilson, just to name a few. Those of us from Allegheny County are also proud to note that the county has been home to a number of firsts in the nation as well, including the first cable suspension bridge, the first commercial radio station, the first Ice Capades show, development of the first injectable polio vaccine, the first bingo game, the first motion picture theater, the first World Series, the first heart-kidney-liver transplant, the first Federal hospital, and the first continuous roll printing press. Mr. President, I respectfully invite the entire Senate to participate in Allegheny County's birthday celebration by unanimously supporting this resolution. Thank you very much. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. Senators RAFFERTY, TOMLINSON, KASUNIC, STOUT, FERLO, TARTAGLIONE, ERICKSON, LAVALLE, STACK, GREENLEAF, KITCHEN, A. WILLIAMS, COSTA, DINNIMAN, PIPPY, BOSCOLA, WASHINGTON, WONDERLING and FONTANA, by unanimous consent, offered Senate Resolution No. 392, entitled: A Resolution designating October 11, 2008, as "Schuylkill River Day" in Pennsylvania. Which was read, considered, and adopted by voice vote. Senators TARTAGLIONE, KASUNIC, BOSCOLA, COSTA, REGOLA, FONTANA, BAKER, MELLOW, MUSTO, PUNT, A. WILLIAMS, STACK, WASHINGTON, TOMLINSON, ERICKSON, MADIGAN, KITCHEN, LAVALLE, C. WIL- LIAMS, FERLO, GORDNER, GREENLEAF, WAUGH, EARLL, BRUBAKER, D. WHITE, ORIE, FOLMER, WONDERLING, O'PAKE, CORMAN, PICCOLA, ARMSTRONG, VANCE, RAFFERTY, BROWNE, PIPPY, SCARNATI, McILHINNEY, PILEGGI, DINNIMAN, LOGAN and FUMO, by unanimous consent, offered Senate Resolution No. 393, entitled: A Resolution recognizing the month of October 2008 as "Breast Cancer Awareness Month" in Pennsylvania. Will the Senate adopt the resolution? gentlewoman from Philadelphia, Senator Tartaglione. Senator TARTAGLIONE. Mr. President, each year, approximately 9,500 women in this Commonwealth are diagnosed with breast cancer. It is the leading cause of cancer death for women in Pennsylvania between the ages of 25 and 54. It is the most commonly diagnosed cancer in women in the United States. One in seven American women will be diagnosed with breast cancer during their lifetimes, regardless of their race or ethnicity. I am sure all of us in this Chamber know someone who has been touched by breast cancer. I myself lost my sister 2 years ago after fighting an 11-year battle with breast cancer. Despite the grim statistics, nearly all breast cancers can be treated successfully if found early. When found at the earliest stage, the 5-year survival rate is 98 percent. Mr. President, Senator Kasunic and I are introducing this resolution to recognize the month of October as "Breast Cancer Awareness Month" to applaud the thousands who fight breast cancer every day and to encourage all women to take advantage of the early detection services available to them. I ask all of my colleagues to cast an affirmative vote on this resolution. Thank you, Mr. President. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. Senators PICCOLA, REGOLA, ARMSTRONG, BAKER, BOSCOLA, ROBBINS, FONTANA, COSTA, ERICKSON, FERLO, STOUT, MUSTO, LOGAN, M. WHITE, STACK, RAFFERTY, TARTAGLIONE, PIPPY, WOZNIAK, DINNIMAN, O'PAKE, BRUBAKER, PUNT, PILEGGI, GREENLEAF, WASHINGTON, D. WHITE, WAUGH, WONDERLING, KITCHEN, KASUNIC, LAVALLE, C. WIL- LIAMS, TOMLINSON, FOLMER, VANCE, BROWNE, EARLL, McILHINNEY, SCARNATI and FUMO, by unanimous consent, offered Senate Resolution No. 394, entitled: A Resolution designating October 11, 2008, as "Military Family Day" in Pennsylvania. Which was read, considered, and adopted by voice vote. Senators PICCOLA, REGOLA, ARMSTRONG, BOSCOLA, ROBBINS, FONTANA, COSTA, ERICKSON, FERLO, STOUT, MUSTO, MADIGAN, LOGAN, M. WHITE, STACK, WOZNIAK, MELLOW, RAFFERTY, PIPPY, TARTAGLIONE, DINNIMAN, O'PAKE, BAKER, BRUBAKER, PUNT, PILEGGI, GREENLEAF, WASHING- TON, D. WHITE, WAUGH, WONDERLING, KITCHEN, KASUNIC, LAVALLE, C. WILLIAMS, FOLMER, BROWNE, EARLL, McILHINNEY, SCARNATI and FUMO, by unanimous consent, offered Senate Resolution No. 395, entitled:

16 2560 LEGISLATIVE JOURNAL SENATE SEPTEMBER 24, A Resolution designating the month of October 2008 as "Italian- American Heritage Month" in Pennsylvania. Which was read, considered, and adopted by voice vote. Senators PICCOLA, FERLO, COSTA, ERICKSON, TARTAGLIONE, WASHINGTON, ORIE, GREENLEAF, ARMSTRONG, RAFFERTY, BROWNE, KASUNIC, BOB- BINS, BOSCOLA, PILEGGI, O'PAKE, FOLMER, FUMO, PIPPY, LOGAN and FONTANA, by unanimous consent, offered Senate Resolution No. 396, entitled: A Resolution designating September 25, 2008, as "International Ataxia Awareness Day" in Pennsylvania. Which was read, considered, and adopted by voice vote. CONGRATULATORY RESOLUTIONS The PRESIDENT pro tempore laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Donald Harman, Mr. and Mrs. Charlie Ezren, Mr. and Mrs. William S. Whare, Mr. and Mrs. Joseph Pro, Mr. and Mrs. Jim Stauffer, Mr. and Mrs. Ron Bowman, Mr. and Mrs. Clair Wagner, Mr. and Mrs. Carmine Taglieri, Eric D. Kilmer, Brandon Shea Hewitt, Gaudenzia, Inc., of Lancaster, and to the Junior League of Lancaster, Inc., by Senator Armstrong. Richard Kaulfers, Mr. and Mrs. Lee Posten, Mr. and Mrs. Don Lunger, Mr. and Mrs. Bernard Ferdo, James Lewis and to Michael Joseph Calkins by Senator Baker. Congratulations of the Senate were extended to Michael J. Mayrosh, Jr., by Senator Boscola. Congratulations of the Senate were extended to Dr. Hayden N. Pritchard, Tim H. East, Jason L. Hughes, Helena Kline Ninno, Michael R. Smith, Natalie B. Ziegler, Rocco Drago, Kirk R. Brown, Edmund P. Turtzo, Jr., Gary E. Oiler and to the 1987 Bangor Area High School Football Team by Senators Boscola and Browne. Congratulations of the Senate were extended to Richard E. Thulin, R. Chadwick Paul, Jr., Ellyn Gellar-Elstein, and to Coca- Cola Park by Senator Boscola and others. Congratulations of the Senate were extended to Luther Crest of Allentown, Louie's Restaurant and Catering of Allentown and to the Lehigh Valley Aging in Place Coalition by Senator Browne. Congratulations of the Senate were extended to Adrian Shanker, Isa Pereyra, Katie Loeb-Schwab, Linda M. Anthony, George Robles, Lehigh Valley Black African Heritage Project, Caring Place and to the Community Exchange of Lehigh Valley Hospital by Senator Browne and others. Kenneth Moyer, Nellie Sell, Grace Hoefel and to the Ephrata Area Boy Scouts of America by Senator Brubaker. Walter H. Kirk, Mr. and Mrs. Glenn A. Shawver, Larry Schardt, Andrew B. Druckenmiller, Russell E. Schleiden, Centre County Historical Society, Perry County Recreation Association and to Rattlesnake Mountain Farm of Julian by Senator Corman. Congratulations of the Senate were extended to Robert Allyn Brand by Senators Corman and Wozniak. Congratulations of the Senate were extended to Patricia A. Gennari by Senator Costa. Congratulations of the Senate were extended to Edward R. Toner, Ann M. Richardson, Ryan Joseph Sullivan and to Rejoicing Spirits of Exton by Senator Dinniman. Congratulations of the Senate were extended to Robert H. Hindle by Senators Dinniman and Rafferty. Congratulations of the Senate were extended to Stephen W. O'Neill and to Ryan Mattson by Senator Erickson. Congratulations of the Senate were extended to Monroe S. Buffenmeyer, Jr., Alex G. Matthew and to Andrew C. Sandridge by Senator Folmer. Albert Frank Kerstetter, Mr. and Mrs. Charles Korzenaski, Mr. and Mrs. Harold Kitchen, Mr. and Mrs. Daniel J. Bauman, Mr. and Mrs. Brient Wiest, Richard E. Troutman and to Sean Michael Hartzell by Senator Gordner. Paul McDermott, Waverly Kiehl, Larry Hannon, Stephen Sanderlin, William A. Mohr, Joseph J. Tryon, Jr., Thomas J. Burghart, Ruth P. Lewis, Rosamond Humphreys and to Spring House Estates of Lower Gwynedd by Senator Greenleaf. Congratulations of the Senate were extended to the Simpson- Fletcher Conestoga House by Senator Hughes. Congratulations of the Senate were extended to the Honorable J. Barry Stout, Robert Dorcon and to Mark Costello by Senator Kasunic. Congratulations of the Senate were extended to the Reverend John Abraham Johnson and to Gladys May Baylor by Senator Kitchen. Congratulations of the Senate were extended to the Ambridge Italian Woman's Club by Senator LaValle. Congratulations of the Senate were extended to James Chapman, Karen L. Corey, Phillip McKinney, Brian Jacob, Grant Wayne Harris, Joseph Demeo, Kevin Henry, Catherine Collett, Alexis Claassen and to Michael Santucci by Senator Logan. Jerry Tourscher, Mr. and Mrs. David C. Crain, Sr., Mr. and Mrs. Fred Stahl, Mr. and Mrs. Robert A. Shisler, Sr., and to Bryan John Eck by Senator Madigan. Congratulations of the Senate were extended to Jarred E. Clift, Larry Woodward, Darrin Bodisch, Daniel Lipson and to Charles Rumble by Senator Mcllhinney. Congratulations of the Senate were extended to the Reverend William B. Blake, the Honorable Jayme Morano, Chief James H. Gray, Dr. Stephen Mariani, Richard Ghilardi, Edward J. Ghilardi, Cindy Gillen Killenk, Mark Joseph DeLeo, Richard Louis Armezzani, Lori Bogedin, Colette Hughes, Lori A. Rudalavage, Christopher L. DiMattio, Christine Wargo and to the Lackawanna County Conservation District by Senator Mellow. William Burns and to Amy Galenty by Senator Musto. Congratulations of the Senate were extended to the Reverend Steven E. Belinski, Michael Brandt, Benjamin D. Hurst, David James Leinbach, the staff, donors and volunteers of the Greater

17 2008 LEGISLATIVE JOURNAL - SENATE 2561 Berks Food Bank and to the 2008 Boyertown Bears Legion Baseball Team by Senator O'Pake. Congratulations of the Senate were extended to 1st Lieutenant David A. Borden by Senators O'Pake and Waugh. Congratulations of the Senate were extended to Brandon David Barton and to Wesley Barnes by Senator Orie. Congratulations of the Senate were extended to Tammy Nichols, Jeffrey B. Miller, Susan Kelly-Dreiss, Prince of Peace Roman Catholic Parish of Bressler, WMSS Radio 91.1 FM of Middletown and to the "Echoes of Glory" radio broadcasting ministry of Harrisburg by Senator Piccola. Congratulations of the Senate were extended to Chief Albert C. Fasano, Chadds Ford Elementary School and to the Aston Township Lions Club by Senator Pileggi. Joseph Rotz by Senator Punt. Congratulations of the Senate were extended to Albert Joseph Augustine, Jr., Sanatoga Grange No. 25, Linfield Fire Company No. I and to Streamlight, Inc., of Eagleville, by Senator Rafferty. Congratulations of the Senate were extended to Chester County Parks and Recreation by Senator Rafferty and others. George Rittle, Mr. and Mrs. John Kiwak, Paul Brutto, Charles Connely, Stan Dakosty, John O'Gurek, Tony Pajakinas, Gracia Perilli, Mark Pollick, Bob Bydlon, Ted Fritz, Dave Houser, Dave Lewis, Sean Love, Jim Menconi, George W. Brimmer, Jr., Sandra E. Burger and to the Tri-Valley Community Fair by Senator Rhoades. Congratulations of the Senate were extended to Dale W. Deist, LeeAnn Kapanick, John R. Choffel, Jr., Mercer County Behavioral Health Commission, Inc., and to the Wesbury United Methodist Community by Senator Robbins. August Genevro and to Devion Lehman by Senator Scarnati. William Hickman, Mr. and Mrs. Stanley Stackowicz, Mr. and Mrs. Ernest Janeshek, Mr. and Mrs. Thomas W. Hart, Mr. and Mrs. Andy Pagac, Freda A. Brock, Gladys Daily and to Lawrence R. Boyd by Senator Stout. Congratulations of the Senate were extended to Adolph P. Schneider, George P. Forte, John J. Doster, Jeffrey A. McCallister, Mustafa Karagoz, Mark Kronberger and to Theresa Conejo by Senator Tomlinson. Congratulations of the Senate were extended to the Family of Austin Briel, Audrey J. Tucker, North Penn Community Health Foundation of Colmar, Magellan Behavioral Health and to the Family Service Association of Bucks County by Senator Tomlinson and others. Samuel Stone, Church of God Home of Carlisle, Ritter's True Value Hardware of Mechanicsburg and to the Carlisle Lions Club by Senator Vance. Congratulations of the Senate were extended to Bishop Joseph Charles Aiken, Sr., the Honorable Augusta Alexander Clark, Phil Goldsmith, Ahmeenah Young, William R. Miller IV, Beryl Kuhr, LeVan White, Cheng Gim, Jeannine Nurse, Richard Raisom, Carlton Williams, Zakiyyah Abdul-Raheem, Vicki Louise Edwards Redmond, Brittany Paris, Terri J. Brown, Peggy A. Pugh, Ameen Ibn Akbar, Donald Birts, Gerry Sizemore, Daniel Muroff, Julia Shivers Brooks, A. Christopher Dezzi, Karen Bojar, Johnna A. Pro, Liz Dow, Samuel Staten, Sr., Rayko Pacana, Deborah Thornton, Ruth E. Butcher, Doris J. Harris, Anthony A. Phillips by Senator Washington. Congratulations of the Senate were extended to Deborah Wright by Senator Waugh. John Feid, Mr. and Mrs. Harold Evans, Mr. and Mrs. William Mechling and to Arthur Templeton Siegel by Senator D. White. Bob DeWoody, Brian L. Mong, Raymond S. Woodard and to Stephen M. Hering by Senator M.J. White. Congratulations of the Senate were extended to Ivey Ahmed Ibrahim, Earl Boyd and to Kathy S. Bullock-Huggins by Senator A.H. Williams. Congratulations of the Senate were extended to Sherrylle Johnson by Senator C. Williams. Congratulations of the Senate were extended to Loretta Brooke, Daniel A. Grekula, Eugene H. Saylor, Frank Malack, Paul William Macolly, Bruce Reinert, Barry Troster, Matt Antunes, Brenda Ballance Brodt, Steven D. Bohner, Juliana Schulte O'Reilly, Carol Sames, Patricia Wagner Henry, the 1948 Lansdale High School Football Team and to the 1979 North Penn High School Girls' Swimming and Diving Team by Senator Wonderling. Congratulations of the Senate were extended to Marilyn Fuller-Smith by Senators Wonderling and Fumo. Congratulations of the Senate were extended to Chief David J. Worthington, Fred Diseroad, Bux-Mont Awards and Engraving Services and to the Dublin Lions Club by Senators Wonderling and Mcllhinney. Elwood Welshans, Mr. and Mrs. Robert Campana and to the SEDA-COG Joint Rail Authority of Lewisburg by Senator Wozniak. CONDOLENCE RESOLUTIONS The PRESIDENT pro tempore laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Condolences of the Senate were extended to the family of the late Raymond L. Kern, Jr., by Senator Baker. Condolences of the Senate were extended to the family of the late Helen High by Senator Kitchen. Condolences of the Senate were extended to the family of the late Anna E. Jarrett by Senator Mcllhinney. Condolences of the Senate were extended to the family of the late Patrick McDonald and to the family of the late Isabel Santiago Nazario by Senator Tartaglione. POSTHUMOUS CITATIONS The PRESIDENT pro tempore laid before the Senate the following citations, which were read, considered, and adopted by voice vote: A posthumous citation honoring the late Rodney J. Miller was extended to the family by Senators Boscola and Browne.

18 2562 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 24, A posthumous citation honoring the late Frank Vittor was extended to the family by Senator Costa. A posthumous citation honoring the late Linda Corrado Snyder was extended to the family by Senator Wonderling. BILLS ON FIRST CONSIDERATION Senator COSTA. Mr. 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 by voice vote. The bills were as follows: SB 1291, SB 1455, SB 1564, HB 1147, HB 2034 and HB And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. BILL REREFERRED Upon motion of Senator WAUGH, and agreed to by voice vote, the following bill just considered was rereferred to the Committee on Appropriations: HB PETITIONS AND REMONSTRANCES gentleman from Montgomery, Senator Wonderling. Senator WONDERLING. Mr. President, I want to rise briefly this afternoon to thank my colleagues on both sides of the aisle for their unanimous vote in support of Senate Bill No Briefly, Senate Bill No. 908 amends the current statute dealing with the licensure of auctioneers. For the benefit of the Members, specifically, Senate Bill No. 908 seeks to remedy a situation where, today in Pennsylvania, we have countless numbers of individuals who derive income, whether in part or in total, making a living by selling goods and items on Internet platforms. You may have heard of ebay or Craigslist. We had a situation in which there was a defect in the statute which would have required such e-sellers, if you will, to become licensed auctioneers in what I would describe as a traditional 20th century model that required training. Literally, the requirement would have been to have these folks attend Reading Area Community College and learn how to talk fast. It does not make sense when you are putting an item up for sale on ebay. I want to applaud Senator Tomlinson and his staff, and also the executive director of the Senate Committee on Communications and Technology, Geri Sarfert, along with the Pennsylvania Auctioneers Association and other key stakeholders who worked for almost a year on compromise language which was approved by this body today and is embodied in Senate Bill No Thank you, Mr. President. gentleman from Allegheny, Senator Ferlo. Senator FERLO. Mr. President, I think, obviously, you and all of our colleagues and certainly all of our constituents across the Commonwealth are aware of the financial tragedy that is not only on Wall Street but is being debated now in the halls of Congress and is affecting every individual and business community that we represent, small and large. The Bush administration, President Bush in particular, and to some extent, a growing number of individuals in Congress, on both sides of the aisle, want taxpayers to give Treasury Secretary Henry Paulson a $700 billion blank check. If I understand news reports in the last few days, they have attributed that to roughly $2,333 for every man, woman, and child to bail out Wall Street for its reckless speculation and outright greed. That is on top of the $1.1 trillion for other recent bailouts, including AIG, Fannie Mae, Freddie Mac, and Bear Stearns in particular. The Paulson plan is a total outrage with no restrictions, no accountability, and no repair of the underlying problem of foreclosures on fraudulent mortgages. Each of Bush's previous bailouts were sold as a cure for the financial crises, but each had little effect. The Paulson plan achieves only one goal with certainty, and that is basically stealing from the middle class to protect those who have great wealth in our society. The current financial crisis is the direct result of years of what I would consider conservative, if not right-wing, Republican deregulation, corruption, and greed, which became fatally toxic under the Bush/Cheney administration and the Republican majority Congress. Congress must reject Paulson's plunder and enact a plan with these progressive principles from the backbone campaign that is being organized. First of all, I think the people who caused the problem or profited the most must be held accountable, and they themselves must pay for it. We must re-regulate to prevent this from happening again. We need to include Main Street in the bailout and invest in a new, productive, green jobs economy. You know, when you mess up on the job--even as elected officials, if we mess up, we get voted out--when you mess up on the job, usually an employer will give you a quick pink slip. But when you are a corporate CEO running a multibillion dollar corporation or multibillion dollar enterprise, and you run that into the ground, it just seems that you get a golden parachute instead. I think we need specific action. I reiterate that I think we need to let homeowners save their homes with court-supervised mortgage restructuring. One simple suggestion, it still is a financial burden on those homeowners who have problem mortgages, but if they would extend the mortgage deadline from 20- to 30-year to 30- to 40-year, it is still obviously a financial burden, but at least it would help renegotiate and extend that mortgage payment downward to a lower or more reasonable ability for that mortgagee to pay that mortgage. I think we need meaningful independent oversight. We have learned what happens in Iraq when we give this President a blank check. I note that in Mr. Paulson's commentary to the Senate hearing yesterday, he was pretty much asking that he have total omnipotent control over this expenditure, that there cannot be any oversight or any legal action. He has written away the ability of any individual or party to take any appropriate legal course at any court of jurisdiction. It is just unfathomable. And for these right-wing conservatives, whatever side of the aisle they are on in Congress, they keep using this rhetoric that this is socialism. This is not socialism. Socialism is when workers and others own

19 2008 LEGISLATIVE JOURNAL - SENATE 2563 the means of production. What you have unfolding is State monopoly capitalism, not socialism. You have the beginning of what could be a fascist State in this country, outright taking of control and subsidization of private corporate greed. We need to cut the golden parachutes of the CEOs who are taking their money and running. Taxpayers should not be forced to foot the bill for their poor decisions and unnecessary risks. We need an influential stake for taxpayers. If we are going to loan the money to troubled companies, let us loan it, and let us loan it at a reasonable interest rate, and let us expect some return on that investment if we are going to actually bail out some of these companies, if that is, in the end, what is deemed prudent because of the related impacts that will affect other aspects of the accounting, the inability to get credit, the inability of banks to lend to businesses. Those are harsh realities that we are forced to deal with. But if we are going to bail out some of these companies, why not make it a loan and make it with some reasonable rate of repayment so that it would be at least a more reasonable, prudent investment if we are going to do a formal public bailout? I think that is something that Congress needs to consider. A university professor at Carnegie Mellon who has been on the news in the last few days is extremely eloquent and articulate about what he feels is a disaster plan that is being offered by the Paulson and Bush administration, and he actually makes a strong argument that in the case of AIG, as an example, they have five component parts, and four are extremely profitable and very successful. One is not, and that is the mortgage side of their equation. His argument is to let somebody come in and buy them out, just as Japan did with another major company recently. Again, it is just unfathomable what has happened. Regardless of the politics or the timing of what has happened, it is cause for more deliberation on the part of Congress and more oversight. This notion that somehow this has to be completed and rushed to judgment in 5, 6, or 7 days is just inappropriate. Again, I will just close. The United States government, our government, has been turned into an engine that accelerates the wealth upward into the hands of a few. The Wall Street bailout, the Iraq war, military spending, tax cuts to the rich, and a for-profit healthcare system are all about the acceleration of wealth upward. I hope and pray that there is a significant change in this policy, given the fact that we have the advent of a Presidential election regardless of what side of the aisle you are on or what particular candidate you endorse. So I urge, in closing, that the following be considered: that there be re-regulation of the finance, insurance, and real estate industries at the national level; accountability on the part of those who took the companies down; resignations of management; givebacks of executive compensation packages; limitations on executive compensation; and admissions by CEOs of what went wrong and how. Prior to any government bailout, demands for transparency, the direct opposite of what Mr. Paulson is arguing before the Senate committee, should be made with respect to analyzing the transactions which took the companies down, with respect to Secretary Paulson's dealings with the companies preand post-bailout. There should be an equity position for the taxpayers, some form of ownership of these assets, if, indeed, we are going to foot the bill. There should be some credible formula for evaluating the price of the assets that the government is buying. Right now, it is on the whim of some bureaucrat or some corporate decisionmaker. That is not a way to value the asset that we are about to bail out. There needs to be a sunset clause on this legislation and whatever emergency action that the Congress, in its finality, takes - a sunset clause, not just an ever-open-ended process and the ability of any current Treasury Secretary or even future Treasury Secretary not to have transparency and accountability. There needs to be, also, in closing, a full public disclosure by Members of Congress, on both sides of the aisle, Republicans and Democrats alike, of what assets they currently hold, with possible conflicts put in blind trust. I think there is a significant issue about what Members of Congress own, and I am talking about Democrats and Republicans alike, in terms of what assets they own prior to those individuals casting a vote and looking out for their own derrieres. I think there needs to be a ban on political campaign contributions from officers of corporations receiving bailouts. And this is true for the wealth and income and the campaign contributions that have been collected by the Obama campaign as much as the McCain campaign. There needs to be full accountability. Lastly, there needs to be a requirement that all of the money that has been collected in this 2008 national cycle of Presidential elections and Senatorial elections and Congressional elections, that those candidates, be they in office or aspiring candidates, should return political contributions to officers and representatives of corporations receiving these proposed bailouts. With that, I will close. I know the time is late. Thank you, Mr. President. HOUSE MESSAGES HOUSE BILLS FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committees indicated: September 24, 2008 HB 1543 and Committee on Judiciary. HB 1914 and Committee on Game and Fisheries. RECESS gentleman from York, Senator Waugh. Senator WAUGH. Mr. President, I move that the Senate do now recess until Monday, October 6, 2008, at 1 p.m., Eastern Daylight Saving Time. The motion was agreed to by voice vote. The Senate recessed at 2:36 p.m., Eastern Daylight Saving Time.