^tqx&hxixbt 31numal COMMONWEALTH OF PENNSYLVANIA TUESDAY, JUNE 14, SESSION OF TH OF THE GENERAL ASSEMBLY No. 35 SENATE JOURNAL APPROVED

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1 COMMONWEALTH OF PENNSYLVANIA ^tqx&hxixbt 31numal TUESDAY, JUNE 14, 2005 SESSION OF TH OF THE GENERAL ASSEMBLY No. 35 SENATE TUESDAY, June 14, 2005 The Senate met at 1 p.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Governor Catherine Baker Knoll) in the Chair. PRAYER The Chaplain, Reverend STEVEN AVINGER, of Greater Saint Matthew Baptist Church, Philadelphia, offered the following prayer: As we bow our heads to pray before the Almighty God and this august body, take a moment to remember the life of Marine Lance Corporal Robert T. Mininger of Bucks County, who will be eulogized tomorrow at Arlington Cemetery, and Albert Marzano, whose son Michael just lost his life in Iraq. Almighty God, our Lord, the giver of all perfect gifts, we bow before You humbly. God, as we stand in recognition of the fact that You are our God, we thank You for wisdom and knowledge and understanding, and we thank You as freedom is demonstrated as we stand here today. We pray, O God, for those whom You have placed in positions of power and authority. We pray that You would give them wisdom and knowledge and clarity of purpose, that they will never forget from whence they came. We bless this State and this nation. We will always recognize You as being the protector of our land. We pray, O God, that even as the business is conducted here today, that You would get glory, that You would be honored by the decisions that are made as these Your people represent and speak on behalf of those around this Commonwealth of Pennsylvania. Honor us with the presence of Your spirit, and we will give You praise as You are glorified in what we do. Bless this day and this time. In the name of our Lord, we pray. Amen. The PRESIDENT. The Chair thanks Reverend Steven Avinger, who is the guest today of Senator-elect LeAnna Washington. He is also the vice president of the Black Clergy in Philadelphia, so we all know him well. Thank you. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) JOURNAL APPROVED The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of June 13, 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. 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: June 13,2005 HB 49 ~ Committee on Education. HB 86 and Committee on Judiciary. HB 88 ~ Committee on Environmental Resources and Energy. HB 489 ~ Committee on Transportation. HB Committee on Local Government. HB 1144 ~ Committee on Urban Affairs and Housing. HB 1521 ~ Committee on State Government. BILLS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk: June Senators BROWNE, EARLL, CORMAN and O'PAKE presented to the Chair SB 757, entitled: An Act amending the act of March 20, 2002 (P.L. 154, No. 13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, further providing for declaration of policy, for patient safety definitions, for powers and duties of the Patient Safety Authorily and for powers and duties of the Department of Health; and providing for whistleblower protection. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, June 14, 2005.

2 464 LEGISLATIVE JOURNAL SENATE JUNE 14, Senators C. WILLIAMS, STACK, TARTAGLIONE, MUSTO and LOGAN presented to the Chair SB 763, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for possession of weapons and for drug-free school zones; and making an editorial change. Which was committed to the Committee on JUDICIARY, June 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: June 13, 2005 Senators KITCHEN, BOSCOLA, ERICKSON, FERLO, LEMMOND, KASUNIC, STOUT, OTAKE, ARMSTRONG, MELLOW, D. WHITE, TARTAGLIONE, RAFFERTY, FUMO, ORIE, BRIGHTBILL, PILEGGI, C. WILLIAMS, LOGAN, STACK, GREENLEAF, CONTI, WOZNIAK, COSTA and EARLL presented to the Chair SR 129, entitled: A Resolution observing June 18, 2005, as "Juneteenth National Freedom Day" in Pennsylvania. Which was committed to the Committee on RULES AND EXECUTIVE NOMINATIONS, June 13, June Senators GREENLEAF, WONDERLING, ERICKSON, CONTI, O'PAKE, TARTAGLIONE, BOSCOLA, KITCHEN, PICCOLA, GORDNER, ROBBINS, PIPPY, ARMSTRONG and BROWNE presented to the Chair SR 130, entitled: A Resolution urging the President and the Congress of the United States and all members of the 2005 Base Realignment and Closure Commission to remove the Naval Air Station Joint Reserve Base Willow Grove, Pennsylvania, from the list of military base closures recommended by the Department of Defense. Which was committed to the Committee on RULES AND EXECUTIVE NOMINATIONS, June 14, BILLS REPORTED FROM COMMITTEES Senator GREENLEAF, from the Committee on Judiciary, reported the following bills: SB 660 (Pr. No. 754) An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, adding the Uniform Trust Act; making conforming amendments; and making a repeal. HB 127 (Pr. No. 2212) (Amended) An Act providing for certain rights of foster parents; and further providing for duties of county agencies and foster family care agencies. HB399(Pr.No.610) An Act amending Title 54 (Names) of the Pennsylvania Consolidated Statutes, further providing for divorcing and divorced person and surviving spouse to resume prior name. Senator ERICKSON, from the Committee on Local Government, reported the following bill: SB 565 (Pr. No. 923) (Amended) An Act amending the act of August 9, 1955 (P.L.323, No. 130), known as The County Code, further providing for qualifications, eligibility and compensation for district attorneys; and making repeals. RESOLUTION REPORTED FROM COMMITTEE Senator GREENLEAF, from the Committee on Judiciary, reported the following resolution: HR243(Pr.No.l708) A Concurrent Resolution recommending to Congress that the cap on the Federal Crime Victims Fund be eliminated and that the entire amount of funds deposited into the fund be distributed annually. The PRESIDENT. The resolution will be placed on the Calendar. LEGISLATIVE LEAVES Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I ask for legislative leaves for Senator Punt and Senator Thompson. The PRESIDENT. Senator Brightbill requests legislative leaves for Senator Punt and Senator Thompson. Without objection, the leaves will be granted. CALENDAR SENATE RESOLUTION No. 126 CALLED UP OUT OF ORDER, ADOPTED Senator BRIGHTBILL, without objection, called up from page 5 of the Calendar, as a Special Order of Business, Senate Resolution No. 126, entitled: A Resolution designating the week of June 19 through 25, 2005, as "Biosciences Week" in Pennsylvania. Will the Senate adopt the resolution? The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz: Armstrong Boscola Brightbill Browne Greenleaf Hughes Jubelirer Kasunic YEA-48 Orie Piccola Pileggi Pippy Tartaglione Thompson Tomlinson Vance

3 2005 LEGISLATIVE JOURNAL SENATE 465 Conti Corman Costa Earll Erickson Ferlo Fumo Gordner Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout NAY-O Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A majority of the Senators having voted "aye," the question was determined in the affirmative. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR CONSTANCE H. WILLIAMS PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentlewoman from Montgomery, Senator Connie Williams. Senator C. WILLIAMS. Madam President, today I have in the gallery Karen and David Pressel from Penn Valley, Pennsylvania, along with their sons Robbie, 11, and Adam, 10, who are visiting us, and it is a wonderful day for them to be here. They have come to see what is happening today, and I am delighted that they will see the swearing-in of our two newest Senators. David Pressel is a pediatrician at Main Line Health. Karen is a stay-at-home mom. Robbie is an 11-year-old fifth grader at Belmont Hills, and he likes video games. Adam, who likes everything, is 10 years old and is in the fourth grade. They are almost going to be fifth and sixth graders. We are really happy they are here today, and I hope we will all join in giving them a rousing welcome. The PRESIDENT. Will the doctor and his wife and his two sons please rise and we will give you a warm welcome. (Applause.) GUEST OF SENATOR ROBERT D. ROBBINS PRESENTED TO THE SENATE Mercer, Senator Robbins. Senator ROBBINS. Madam President, in war, for every triumph, there is a price to be paid. Ourfreedomand safety does not come cheap. That means not just blood and sweat, but for many soldiers that means paying the ultimate sacrifice. Today I have the solemn honor of introducing the father of a Pennsylvania soldier who proudly wore our country's uniform into battle, but died for the greater good, that the United States of America might be a safer place. With us today is Mr. Albert Marzano, father of Sergeant Michael Adam Marzano, bom and raised in Greenville. Michael followed in his father's footsteps by enlisting in the United States Marine Corps in Although he was honorably discharged from service in 2003, he enlisted in the Marine Reserves. In 2004, Sergeant Marzano volunteered for a tour of duty in Iraq as a member of the Mobile Assault Platoon 7 with the Third Battalion, 25th Marine Regiment of the Fourth Marine Division. On May 7, 2005, Sergeant Marzano was tragically killed as the result of an explosion caused by a terrorist suicide bomber while fighting to free a hospital which had been taken over by terrorists. Earlier today I presented to Mr. Marzano a condolence resolution expressing our gratitude for Michael's courage, leadership, and selflessness. President Reagan once said, "May we never take our freedom for granted. What has been earned on the battlefield, and forever preserved by those who have gone before us, we pause in reverence and respect...we will always remember. We will always be proud. We will always be prepared, so that we always may be free." Madam President, please join me in not only welcoming Mr. Albert Marzano, a Marine and a Vietnam veteran himself, to the Senate of Pennsylvania, but honoring the memory of his son, Sergeant Michael Adam Marzano. May God be with Michael's entire family. The PRESIDENT. Would Mr. Albert Marzano please rise. Thank you so much. (Applause.) SPECIAL ORDER OF BUSINESS DISTINGUISHED GUEST PRESENTED TO THE SENATE The PRESIDENT. It is now my honor to introduce our former 42nd Senatorial District Senator, and now Auditor General, Jack Wagner. Please rise. (Applause.) SPECIAL ORDER OF BUSINESS SWEARING-IN OF NEW MEMBERS Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, as a special order of business, I ask that the Senate proceed to receive the returns of election for the special elections held in the 4th and 42nd Senatorial Districts on the 17th day of May 2005, and that the oath of office be administered to Senator-elect LeAnna M. Washington and Senator-elect Wayne D. Fontana. The PRESIDENT. At the request of Senator Brightbill, and without objection, as a special order of business, the Senate will now proceed to receive the returns of election and then to the administration of the oath of office to Senator-elect Washington and Senator-elect Fontana. ANNOUNCEMENT BY THE PRESIDENT The PRESIDENT. The Chair would like to take this opportunity to also remind all of our guests that taking still pictures or videotaping in the Senate Chamber is not permitted. So I ask that during the administration of the oath of office, no pictures be taken or videos be taped. At the end of the oath, however, the Senate will recess, and the Senators-elect will remain at the bar of the Senate, and you may take as many pictures as you want. ELECTION RETURNS PRESENTED The PRESIDENT. The Chair recognizes the Sergeant-at-Arms.

4 466 LEGISLATIVE JOURNAL SENATE JUNE 14, The SERGEANT-AT-ARMS. Madam President, I have the honor to present the Deputy Secretary of the Commonwealth, Michael Aumiller. The PRESIDENT. The Chair recognizes the Deputy Secretary of the Commonwealth. Deputy Secretary AUMILLER. Madam President, I have the honor of presenting the returns and statement of campaign compliance for each of the special elections held May 17,2005, in the 4th and 42nd Senatorial Districts, respectively. The PRESIDENT. The Chair lays before the Senate the following communication from the Secretary of the Commonwealth, which the Clerk will read. The Clerk read the election returns as follows: (SEAL) IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of the office of the Secretary of the Commonwealth at the city of Harrisburg, this tenth day of June in the year of our Lord two thousand five and of the Commonwealth the two hundred and twentyninth. PEDRO A. CORTES Secretary of the Commonwealth SPECIAL ELECTION SENATOR IN THE GENERAL ASSEMBLY 42nd SENATORIAL DISTRICT MAY 17, 2005 COMMONWEALTH OF PENNSYLVANIA TO THE HONORABLE PRESIDENT AND MEMBERS OF THE SENATE OF THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA, GREETINGS: I have the honor to present the official returns of the Special Election for Senator in the General Assembly of the Commonwealth of Pennsylvania held in the Fourth Senatorial District, as the same has been certified to and filed with my office by the Montgomery and Philadelphia County Boards of Elections. LeAnna M. Washington, having received the highest number of votes in the Special Election, and having complied with the provisions of Article XVI of the Pennsylvania Election Code pertaining to Primary and Election Expenses, was duly elected a Senator in the General Assembly. (SEAL) Democratic - Republican - IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of the office of the Secretary of the Commonwealth at the city of Harrisburg, this tenth day of June in the year of our Lord two thousand five and of the Commonwealth the two hundred and twentyninth. PEDRO A. CORTES Secretary of the Commonwealth SPECIAL ELECTION SENATOR IN THE GENERAL ASSEMBLY 4TH SENATORIAL DISTRICT MAY 17, 2005 OFFICIAL RESULTS LeAnna M. Washington Ronald Holt VOTE TOTALS 21,743 4,444 COMMONWEALTH OF PENNSYLVANIA TO THE HONORABLE PRESIDENT AND MEMBERS OF THE SENATE OF THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA, GREETINGS: I have the honor to present the official returns of the Special Election for Senator in the General Assembly of the Commonwealth of Pennsylvania held in the Forty-second Senatorial District, as the same has been certified to andfiledwith my office by the Allegheny County Board of Elections. Wayne D. Fontana, having received the highest number of votes in the Special Election, and having complied with the provisions of Article XVI of the Pennsylvania Election Code pertaining to Primary and Election Expenses, was duly elected a Senator in the General Assembly. Democratic Republican Libertarian OFFICIAL RESULTS Wayne D. Fontana Michael Diven Mark Rauterkus VOTE TOTALS 19,834 13,353 2,542 STATEMENT BY THE PRESIDENT The PRESIDENT. For the record, the Secretary of the Commonwealth has also certified that the Senators-elect have filed the accounts and affidavits as required by Section 1632(b) of the Pennsylvania Election Code. ADMINISTRATION OF OATH OF OFFICE The PRESIDENT. It is an honor and a privilege to have with us today the Honorable Alan D. Hertzberg, Judge of the Court of Common Pleas of Allegheny County. He has kindly consented to be with us today to administer the oath of office to Senators-elect Washington and Fontana in accordance with Article VI, Section 3, of the Pennsylvania Constitution. Will the Senators-elect please present themselves, along with their Bibles, at the bar of the Senate. Members and guests will please rise. Judge Hertzberg will now administer the oath. Judge HERTZBERG. Good afternoon. It has been my honor to serve this great Commonwealth as a Judge of the Court of Common Pleas of Allegheny County, and this is a great honor for me to be able to administer the oath of office to LeAnna Washington, from the great city of Philadelphia, and Wayne Fontana, from my fine city of Pittsburgh. Please place your left hands on your Bibles and raise your right hands, and repeat after me: I, (LeAnna Washington and Wayne Fontana) do solemnly swear that I will support, obey, and defend the Constitution of the United States and the Constitution of this Commonwealth, and that I will discharge the duties of my office with fidelity. Congratulations, Senators. (Applause.) RECESS Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, at this time I ask for a recess of the Senate. I think the individuals who have been

5 2005 LEGISLATIVE JOURNAL SENATE 467 sworn in will need a little time on the floor, so I anticipate that we would start our Republican caucus in about 10 or 15 minutes. Lackawanna, Senator Mellow. Senator MELLOW. Madam President, I request the same, that we start our caucus upon conclusion of the ceremony. The PRESIDENT. For purposes of Republican and Democratic caucuses to begin in approximately 15 minutes, with the probability of returning to the floor in about an hour, without objection, the Senate will now stand in recess, and our guests may then take all their desired pictures. 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 126 (Pr. No. 109) - The Senate proceeded to An Act designating a certain bridge carrying State Route 322 over Conestoga River in Earl Township, Lancaster County as the Representative Leroy M. Zimmerman Memorial Bridge. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Boscola Brightbill Browne Conti Corman Costa Earll Erickson Ferlo Fontana Fumo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie YEA-50 Piccola Pileggi Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Tomlinson Vance Washington Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak 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. An Act designating a bridge in Westtown Township, Chester County, the L. Charles Scipione Bridge. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Boscola Brightbill Browne Conti Corman Costa Earll Erickson Ferlo Fontana Fumo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie YEA-50 Piccola Pileggi Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Tomlinson Vance Washington Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. BILLS OVER IN ORDER SB 386 and HB 402 ~ Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILL AMENDED SB 410 (Pr. No. 785) - The Senate proceeded to An Act amending the act of June 22, 1993 (P.L. 105, No.24), known as the Environmental Education Act, providing for the establishment of the Pennsylvania Center for Environmental Education and the Pennsylvania Center for Environmental Education Board; and making editorial changes. Will the Senate agree to the bill on third consideration? Senator M.J. WHITE offered the following amendment No. A1718: Amend Sec. 2 (Sec. 3.1), page 7, line 25, by striking out "Representatives of and inserting: The secretary or his designee from each of the following: Amend Sec. 2 (Sec. 3.1), page 7, line 28, by inserting after "by": the Chancellor of SB 141 (Pr. No. 128) - The Senate proceeded to Will the Senate agree to the amendment?

6 468 LEGISLATIVE JOURNAL SENATE JUNE 14, It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator BRIGHTBILL. SB 706 CALLED UP OUT OF ORDER SB 706 (Pr. No. 850) - Without objection, the bill was called up out of order, from page 2 of the Third Consideration Calendar, by Senator BRIGHTBILL. BILL AMENDED SB 706 (Pr. No. 850) ~ The Senate proceeded to An Act designating the Main Street Bridge in Butler, Butler County, Pennsylvania, as the General Richard Butler Bridge. Will the Senate agree to the bill on third consideration? Senator M.J. WHITE offered the following amendment No. A1640: Amend First Whereas Clause, page 1, line 3, by striking out "fought" and inserting: served Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator BRIGHTBILL. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 677 (Pr. No. 815) ~ The Senate proceeded to An Act designating a portion of State Route 322 in Delaware County as the Senator Clarence D. Bell Memorial Highway. Considered the third time and agreed to, Shall the bill pass finally? Major General in the Pennsylvania National Guard. He was first elected to the House of Representatives in In 1960 he was elected to the State Senate, and remained a Member of this Chamber until his death in July of 2002, which is the longest legislative career in Pennsylvania history. Senator Bell worked tirelessly to make the Ninth Senatorial District a better place to live, work, and raise a family. He was particularly interested in transportation projects, being the moving force behind the Commodore Barry Bridge, the Blue Route, and the Route 291 expansion project. Naming this particular section of roadway after Senator Bell is a fitting tribute, as he was dedicated to modernizing the Route 322 corridor, which has been plagued with congestion for many years. The highway improvement project, which is currently in its design stage, is due to the perseverance of Senator Bell, and once it is finished, will carry forward the memory of Senator Clarence Bell as a lasting tribute to his devoted service to the residents of Delaware and Chester Counties, whom he called his neighbors. Madam President, I ask for an affirmative vote. The PRESIDENT. Senator Pileggi, thank you very much for your fine comments on Senator Clarence Bell. The Chair recognizes the gentleman from Allegheny, Senator Costa. Senator COSTA. Madam President, on behalf of the Senate Democrats, we would like to join with Senator Pileggi in supporting this very important piece of legislation recognizing the contributions of Senator Clarence Bell. Oftentimes, I, and I am sure my colleagues, looked across this floor to see him sitting in his comer seat for many years, and it is just a wonderful tribute to recognize him in this manner, and we are very happy to support this measure. Thank you, Madam President. The PRESIDENT. Thank you, Senator Costa, for your comments and support of Senator Pileggi honoring Senator Clarence Bell with a memorial parkway. 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 Chester, Senator Pileggi. Senator PILEGGI. Madam President, I would like to take a couple of minutes to speak on this bill, which would name a portion of Route 322 in my district as the Senator Clarence D. Bell Memorial Highway. I am honored to have the privilege of succeeding the late Senator Bell in representing the residents of the Ninth Senatorial District. As I am sure everyone in this Chamber is aware, Senator Bell had a distinguished career in both military and public service. He served in the United States Army during World War II, where he received the United States Army Legion of Merit and Pennsylvania Distinguished Service Medals. After the war, he served in and obtained the rank of Armstrong Boscola Brightbill Browne Conti Corman Costa Earll Erickson Ferlo Fontana Fumo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie Piccola Pileggi Pippy Punt Rafferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Tomlinson Vance Washington Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak

7 2005 LEGISLATIVE JOURNAL SENATE 469 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. BILLS OVER IN ORDER SB 688, SB 697 and SB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE HB 1178 (Pr. No. 2132) - The Senate proceeded to An Act repealing the act of April 3, 1872 (1873 RL.1061, No. 1109), entitled "An act to incorporate the State police of Crawford and Erie counties." Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Boscola Brightbill Browne Conti Corman Costa Earll Erickson Ferlo Fontana Fumo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie YEA-50 Piccola Pileggi Pippy Punt Rafiferty Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 Tomlinson Vance Washington Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak 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. SECOND CONSIDERATION CALENDAR BILLS REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER SB 251 and SB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILL REREPORTED FROM COMMITTEE AS AMENDED ON SECOND CONSIDERATION SB 722 (Pr. No. 901) ~ The Senate proceeded to An Act amending the act of July 6, 1989 (P.L.169, No.32), known as the Storage Tank and Spill Prevention Act, further providing for the expiration of the additional allocation. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS REREFERRED SB 216 (Pr. No. 208) - The Senate proceeded to A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, requiring an individual to pass a certification examination before filing nominating petition to become a justice of the traffic court in the City of Philadelphia and district justice. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. SB 217 (Pr. No. 209) ~ The Senate proceeded to A Joint Resolution proposing integrated amendments to the Constitution of the Commonwealth of Pennsylvania, providing for retention election of justices of the peace. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL OVER IN ORDER SB 509 ~ Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL. BILLS ON SECOND CONSIDERATION SB 539 (Pr. No. 872) - The Senate proceeded to An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, further providing for the offense of trespass on private property while hunting; and prescribing penalties. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 594 (Pr. No. 668) - The Senate proceeded to

8 470 LEGISLATIVE JOURNAL SENATE JUNE 14, An Act providing for the creation of a trust for the benefit of certain owners of interests in oil and gas; authorizing trustee to enter into leases of interests in oil and gas under terms and conditions authorized by the court of common pleas; providing for the administration of the trust and for payment of moneys to the trustee; and imposing penalties for nonpayment. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 601 and SB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILL ON SECOND CONSIDERATION SB 651 (Pr. No. 748) ~ The Senate proceeded to An Act amending the act of June 14, 1961 (P.L.324, No.188), known as The Library Code, further providing for waiver of standards. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 679, SB 711, SB 712 and SB 713 ~ Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILL REREFERRED SB 724 (Pr. No. 868) ~ The Senate proceeded to An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, implementing the Federal Motor Carrier Safety Improvement Act of Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL OVER IN ORDER HB 1110 ~ Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL. SENATE RESOLUTION No. 124, CALLED UP Senator BRIGHTBILL, without objection, called up from page 5 of the Calendar, Senate Resolution No. 124, entitled: A Resolution directing the Legislative Budget and Finance Committee to conduct a study to determine the advantages and disadvantages of creating a separate cabinet-level Department of Veterans Affairs. Will the Senate adopt the resolution? The PRESIDENT. The Chair recognizes the gentlewoman from Northampton, Senator Boscola. Senator BOSCOLA. Madam President, I think it is very appropriate that we are going to adopt this resolution on Flag Day. We set aside this day every year to honor America and our freedom. Before we vote, I would personally like to thank Senator Wonderling and Senator Browne for working with me on this resolution. This issue transcends partisan politics. I know the people of the Lehigh Valley are proud that the three Senators in the Lehigh Valley are working together to make this happen. Madam President, veterans are returning to Pennsylvania in record numbers. They are coming back from Iraq, Kuwait, Kosovo, Afghanistan, and other remote areas all over the world. Our National Guard and reserve units are being utilized to their full capacity and beyond. Our military men and women have been protecting us at great personal sacrifice. Now they need our help. This resolution directs the Legislative Budget and Finance Committee to determine the advantages and disadvantages of creating a new cabinet level Department of Veterans Affairs, but it goes beyond that. Senator Wonderling is a Member of the Legislative Budget and Finance Committee. Once this resolution passes, he has pledged to work with his colleagues on the committee to study a wide variety of veterans' issues. We believe that this study will lead to improved services and benefits for our veterans. This study could lead to help make some changes in the Department of Military and Veterans Affairs, or it could lead to creating a new separate Department of Veterans Affairs. I believe this study will also show us how Pennsylvania will be able to access additional Federal funds for our veterans. In the next few weeks, Senator Browne, Senator Wonderling, and I will be introducing legislation that will create this new Department of Veterans Affairs. I urge my colleagues to sign on as cosponsors. This is a good example of how State government should work. We are all trying to help our veterans and their families. Members from both sides of the aisle can join together for a very good cause. I want to thank Senator Wonderling, Senator Browne, and the leadership for bringing this resolution to the floor. I ask for an affirmative vote. Thank you, Madam President. Lehigh, Senator Browne. Senator BROWNE. Madam President, I am proud today to rise along with Senator Boscola and Senator Wonderling in support of Senate Resolution No As you know, Madam President, Pennsylvania is home to 1.3 million veterans, and they make up one-tenth of our total State population. Senate Resolution No. 124, as Senator Boscola mentioned, directs the Legislative Budget and Finance Committee to determine the feasibility of giving our veterans an exclusive seat at the table when decisions are made that directly impact their lives.

9 2005 LEGISLATIVE JOURNAL SENATE 471 Currently, these issues fall in the purview of the Department of Military and Veterans Affairs. This department has the dual role of overseeing our Army and Air National Guard components, as well as addressing the needs of our veterans. I want to make it clear, Madam President, nobody should take this resolution as an indictment against the current department or Adjutant General Wright. In fact, General Wright deserves high praise for her leadership during these difficult times as Pennsylvania's citizen soldiers are serving in military theaters around the world. It is clear that our National Guard and Air National Guard units are going to play key roles in the war against terror overseas and in bolstering our homeland security for some time to come. The events of the past few years have placed the Pennsylvania National Guard and the Pennsylvania Air National Guard at the forefront of global events. For more than 250 years, Madam President, Pennsylvania citizen soldiers have answered the call of duty. That proud history of service continues today as members of our Pennsylvania National Guard and Pennsylvania Air National Guard serve in key roles around the globe. And as more Pennsylvanians answer the call of duty, the number of veterans living here will continue to increase. Therefore, it is not inconceivable that if left unchanged, the dual roles of the Department of Military and Veterans Affairs will both continue to increase. Recognizing this, it is imperative that we undertake a study to determine the best path for the future. We must decide how best to maintain the strength of our National Guard units, while serving the needs of our veterans. Now is the time to consider the feasibility of creating a separate Department of Veterans Affairs as a cabinet level agency within the administration. Veterans' issues continue growing in number and complexity, and management of these issues is more challenging than ever, both for veterans and providers. Possibly, a separate Department of Veterans Affairs would be empowered with reviewing and adjusting Pennsylvania's current outreach and benefit counseling systems, with the expectation that this will lead to a more effective and efficient system that will better serve our veterans. This could also lead to securing more Federal fimds for our veterans. This benefit alone could bring significantly more money into the veterans' health care system that is being utilized by more and more of our veterans. However, before we move ahead, it is incumbent upon us to weigh the costs and benefits of these changes. Therefore, Madam President, I would like to thank the Senate for considering Senate Resolution No. 124, and I ask for an affirmative vote. Montgomery, Senator Wonderling. Senator WONDERLING. Madam President, I will be brief. I not only want to amplify the remarks of my colleagues, Senator Boscola and Senator Browne, but to also suggest that this is, I think, the appropriate step, as a Member of the Legislative Budget and Finance Committee, to have this matter studied in an objective way and in a bipartisan manner that will involve the input of Members from both the House and the Senate, the veterans' community, the administration, and all the key stakeholders. Madam President, the Legislative Budget and Finance Committee is here to serve the public by finding evidence on how to improve government, reform government, and quite frankly, retool government to meet a changing demand. Clearly, with the new wars that we are fighting, the way in which we are putting Pennsylvanians in harm's way, begs for us to have our veterans return to this Commonwealth and know and have the assurance that they are receiving full benefits, full attention, and fiill services, not only from this government at the State level, but the Federal government as well. So, Madam President, in conclusion, as a Member of the Legislative Budget and Finance Committee, I urge the adoption of this resolution, which is a good first step in defining the role of this State government to our veterans in the future. Thank you. The PRESIDENT. Thank you, Senator Wonderling. Will the Senate adopt Resolution No. 124, which is going to eventually create a Department of Veterans Affairs? And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. STATE SYSTEM OF HIGHER EDUCATION PROPERTY REQUEST No. 1 of 2005, RESOLUTION A, ADOPTED Senator BRIGHTBILL, without objection, called up from page 6 of the Calendar, State System of Higher Education Property Request No. 1 of 2005, Resolution A, entitled: Resolved, That State System of Higher Education Property Request No. 1 of 2005, transmitted by the State System of Higher Education under the Public School Code of 1949 to the General Assembly under date of March 16, 2005, which is incorporated herein by reference, be approved. Will the Senate adopt the resolution? Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I move that the Senate adopt State System of Higher Education Property Request No. 1 of 2005, Resolution A. Will the Senate agree to the motion? The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz: Armstrong Boscola Brightbill Browne Conti Greenleaf Hughes Jubelirer Kasunic Kitchen YEA-50 Piccola Pileggi Pippy Punt Rafferty Tomlinson Vance Washington Waugh Wenger

10 472 LEGISLATIVE JOURNAL SENATE JUNE 14, Corman Costa Earll Erickson Ferlo Fontana Fumo Gordner LaValle Lemmond Logan Madigan Mellow Musto O'Pake Orie Regola Rhoades Robbins Scamati Stack Stout Tartaglione Thompson NAY-0 White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A majority of the Senators having voted "aye," the question was determined in the affirmative. ANNOUNCEMENT BY MAJORITY LEADER Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, at this time I request a recess for the purpose of a meeting of the Committee on Rules and Executive Nominations, which will begin immediately, to be followed by a meeting of the Committee on Education, and then return to the floor. The PRESIDENT. For purposes of meetings of the Committee on Rules and Executive Nominations and the Committee on Education, without objection, the Senate will stand in recess. Senator BRIGHTBILL. Madam President, while we meet for those committee meetings, we can continue with resolutions. UNFINISHED BUSINESS SENATE RESOLUTIONS ADOPTED Senators PIPPY, BRIGHTBILL, M.J. WHITE, BOSCOLA, D. WHITE, FERLO, CONTI, STOUT, LOGAN, COSTA, ERICKSON, ORIE, ARMSTRONG, WENGER, EARLL, THOMPSON, LaVALLE, PILEGGI, LEMMOND, BROWNE, WOZNIAK, SCARNATI, FUMO and ROBBINS, by unanimous consent, offered Senate Resolution No. 133, entitled: A Resolution recognizing the achievements of Bayer's Making Science Make Sense program on the occasion of its 10th anniversary. Which was read, considered, and adopted by voice vote. Senators C. WILLIAMS, KITCHEN, FERLO, ORIE, LaVALLE, TARTAGLIONE, LEMMOND, D. WHITE, BROWNE, ERICKSON, HUGHES, MELLOW, WASHINGTON, FONTANA, COSTA, WOZNIAK and LOGAN, by unanimous consent, offered Senate Resolution No. 134, entitled: A Resolution recognizing June 27, 2005, as "National HIV Testing Day." 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 today to ask everybody in Pennsylvania to stand up to the HIV/AIDS epidemic in our country by taking the test and taking control. I would like to thank my colleagues who signed on to my resolution declaring "National HIV Testing Day" in Pennsylvania on June 27. On June 27, we will be holding a news conference in the Capitol to talk about the importance of testing and how AIDS is impacting the lives of men, women, and children. Today I ask for only a few minutes of your time to draw attention to this upcoming event and let you know that you can still get the word out about National Testing Day. There is a stigma often attached to HIV/AIDS. That stigma, along with the fear and lack of knowledge about the disease, has prevented many people at risk from taking the one step that could save their lives. That one step, the first and most important step, is to get tested. The Centers for Disease Control and Prevention estimates that more than 1 million Americans are living with the virus that causes AIDS. This may be the first time the 1 million mark has been passed since the height of the epidemic in the 1980s. The CDC estimates that more than one-quarter of the people living with HIV have not been diagnosed, and in an upcoming scientific paper, the CDC will show the correlation between new infections and the number of people who do not know they are infected, because even though they may be in a high-risk category, they have not been tested, or if they were tested, they did not return for the results. There are a variety of testing options, and a variety of HIV antibody tests. Testing can be confidential, in that only medical personnel or State health departments will have access to the results. Anonymous HIV testing is also an option in Pennsylvania. Through anonymous testing, results are given randomly assigned numbers at the time of testing. Anonymous testing is available in 39 States, the District of Columbia, and Puerto Rico. The types of tests range from the standard blood test, which was the first antibody test developed, to swabs of the mouth, urine samples, rapid HIV antibody tests, and new do-it-yourself home testing kits. Web sites such as which is sponsored by the Centers for Disease Control and Prevention, provide information on testing sites across the country and can let you know the site closest to your home. Additionally, the CDC has a national hotline to refer people to testing sites at AIDS. The Pennsylvania Department of Health has an AIDS fact line at Testing is also available in many county health centers. For peace of mind, to take control, to ensure a healthy future, I encourage everyone, especially those at risk, to observe National HIV Testing Day on June 27. Take the test. 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. RECESS The PRESIDENT. Without objection, the Senate will stand in recess for purposes of meetings of the Committee on Rules and Executive Nominations and the Committee on Education.

11 2005 LEGISLATIVE JOURNAL SENATE 473 AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. UNFINISHED BUSINESS BILLS REPORTED FROM COMMITTEE Senator RHOADES, from the Committee on Education, reported the following bills: SB 511 (Pr. No. 930) (Amended) An Act amending the act of June 29,1996 (P.L.434, No.67), known as the Job Enhancement Act, further providing for approved courses, for emerging technology companies, for responsibility of approved educational institutions and for eligible interns. HB 628 (Pr. No. 2218) (Amended) 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 annual budget; prescribing a penalty; and making an editorial change. RESOLUTIONS REPORTED FROM COMMITTEE Senator BRIGHTBILL, from the Committee on Rules and Executive Nominations, reported the following resolutions: SR 129 (Pr. No. 921) A Resolution observing June 18, 2005, as "Juneteenth National Freedom Day" in Pennsylvania. SR 130 (Pr. No. 926) A Resolution urging the President and the Congress of the United States and all members of the 2005 Base Realignment and Closure Commission to remove the Naval Air Station Joint Reserve Base Willow Grove, Pennsylvania, from the list of military base closures recommended by the Department of Defense. The PRESIDENT. The resolutions will be placed on the Calendar. CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Congratulations of the Senate were extended to James Gross, Thomas Warren, Richard Hall, Joseph Schoenek, Robert Moser, James Kraftician, Louis Gonzales and to Brian Kimble by Senator Boscola. Congratulations of the Senate were extended to Kevin Rodman Conare by Senator Fumo. Congratulations of the Senate were extended to Mr. and Mrs. Carmino Perri and to Gregory J. Popil by Senator Mellow. Congratulations of the Senate were extended to Mark Ercolani and to Albert DeAngelis by Senator Musto. Congratulations of the Senate were extended to Nicholas Wytiaz by Senator Pippy. Congratulations of the Senate were extended to Douglas E. Beam by Senator Rhoades. Congratulations of the Senate were extended to Mr. and Mrs. Manuel Johns, Mr. and Mrs. William D. Clutter, Mr. and Mrs. Steve Samila, Mr. and Mrs. George Koratich and to Anna Groitsch by Senator Stout. Congratulations of the Senate were extended to Mr. and Mrs. Frederick Huston and to the Central Pennsylvania Youth Ballet of Carlisle by Senator Vance. CONDOLENCE RESOLUTION The PRESIDENT laid before the Senate the following resolution, which was read, considered, and adopted by voice vote: Condolences of the Senate were extended to the family of the late Victor Manuel Cortes III by Senator Earll. BILLS ON FIRST CONSIDERATION Senator FONTANA. Madam President, I move that the Senate do now proceed to consideration of all bills reported from committees for the first time at today's Session. The motion was agreed to by voice vote. The bills were as follows: SB 511, SB 565, SB 660, HB 127, HB 399 and HB 628. And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. CONSIDERATION OF CALENDAR RESUMED RECONSIDERATION OF SB 679 BILL ON SECOND CONSIDERATION SB 679 (Pr. No. 781) - Senator BRIGHTBILL. Madam President, I move to reconsider the vote by which the bill went over in its order. A voice vote having been taken, the question was determined in the affirmative. Will the Senate agree to the bill on second consideration? It was agreed to. Ordered, To be printed on the Calendar for third consideration. PETITIONS AND REMONSTRANCES Philadelphia, Senator Fumo. Senator FUMO. Madam President, today I would like to pay tribute to two more brave sons of Pennsylvania who gave their lives while serving in the United States Armed Forces in Iraq. Specialist Michael J. Smith, age 24, of Media, Pennsylvania, died on January 11 at Ar Ramadi, when his military vehicle was hit by a rocket-propelled grenade. Mr. Smith was assigned to the 1st Battalion, 503rd Infantry, 2nd Infantry Division.

12 474 LEGISLATIVE JOURNAL SENATE JUNE 14, Staff Sergeant Thor H. Ingraham, 24, of Murrysville, Pennsylvania, died on May 8 in Khalidiyah, Iraq, while he was involved in combat operations and an improvised explosive device (IED) detonated near his Humvee. He was assigned to the 1st Battalion, 506th Infantry Regiment, 2nd Brigade Combat Team, 2nd Infantry Division. Notice that both of these young Pennsylvanians were hit while they were in vehicles. That is a very common type of casualty among our service men and women in Iraq. They are ambushed by insurgents as they travel through the countryside. In fact, about 40 percent of our combat losses now occur that way. Far too often, our soldiers have been victimized, not just by enemy combatants, but by the Bush administration's failure to provide them with adequate protection. Many deaths have occurred because our vehicles lack sufficient armor. Also, individual soldiers have been sent into the field without proper equipment such as body armor. Why? Because the Bush administration failed to appreciate the type of conflict it was starting in Iraq. The Commander in Chief thought that combat operations would be over after 6 weeks, so they failed to prepare for the protracted street fighting and insurgency that has claimed so many American lives. It is just one more example of the way the Bush administration botched the job on this war. Whether you believe the invasion of Iraq was good or bad, all Americans can agree that we should have given our military personnel the right tools to get the job done and protect them as much as possible while doing it. Two infamous cases last year brought public scrutiny to this issue. In October of 2004, a group of 19 reservists from a South Carolina unit refused a mission. They had been ordered to deliver a convoy of fuel trucks to a town north of Baghdad, but they disobeyed that order. One of the soldiers, Amber McClenny, said in a message on her mother's answering machine, quote, "We had broken down trucks, non-armored vehicles, and we were carrying contaminated fuel, end of quote. Then, less than 2 months later, on December 8, 2004, while Secretary of Defense Donald Rumsfeld was visiting the troops in Iraq, a young man from Tennessee made headlines around the country because he confronted the Secretary. Specialist C. Thomas Wilson said, quote, "We're digging pieces of rusted scrap metal and compromised ballistic glass that has already been shot up and busted-picking the best out of this scrap to put on our vehicles to go into combat. We do not have proper armament vehicles to carry with us North," end of quote. Rumsfeld's response to the young man was, quote, "As you know, you go to war with the army you have, not the army you might want or wish you had, at a later time," end of quote. While these two incidents brought the plight of our servicemen into the public eye, it was not actually news at the Defense Department. They were aware of it long before that, and they should have done something about it. As early as December of 2003, Jonathan Turley, a law professor at George Washington University, wrote an opinion piece in USA Today about our soldiers' lack of protective gear. Several months earlier, one of his former students now in the Army Reserves had ed him from Iraq. The reservist told him that he had been issued a Vietnam-era flak jacket that was designed to stop shrapnel, but was ineffective against the fire they were facing in Iraq. The reservist's mother went out and spent $650 of her own money to buy the protective plates for his body armor. Turley began checking with retailers around the country and found out that they had been deluged with such orders from family members of servicemen in Iraq. He told of another from a husband whose wife was fighting there, who asked for body armor as a Christmas present. In all, some 40,000 soldiers went into Operation Iraqi Freedom without body armor, and no one in this administration is being held accountable. In April of 2004, 8 months before the young man from Tennessee spoke out to Secretary Rumsfeld, a study by a defense consultant concluded that one in four U.S. combat deaths in Iraq need not have occurred if they could have been supplied with adequate body armor. Thousands more needlessly suffered grievous wounds, including the loss of limbs. Still, the Defense Department was slow to act, largely because it continued to ignore the evidence that we were in for a long and protracted war. As of last week, 1,702 Americans have been killed in the Iraq war, and another 6,454 have been wounded so seriously that they could not return to action. Paul Rieckhoff was an Army 1st Lieutenant and platoon commander during the primary combat phase of this war and during the first few months of the operation. He said the armor problem was well known for a long time. Quote, "I spent just under a year in Iraq in central Baghdad, and commanded 38 soldiers on the ground who were poorly equipped. We did not have armored Humvees; we were reduced to duct taping old flak jackets to the side of our Humvees to provide protection. We put sandbags in the floors of our vehicles," end of quote, he said in a radio interview late last year. He believes the Defense Department began to respond properly only after the soldier from Tennessee spoke out to Rumsfeld. Before that, in his opinion, there was a failure to plan properly, a failure to accommodate and equip our soldiers properly, and a failure to adapt. I realize that there are some who say that these soldiers should not be complaining, that they signed up for the military and they should accept the hardship and casualties that are part of the bargain, and I realize also that unexpected situations arise in war. But when we send men into combat, they have the right to expect that they will be given the best chance possible to come out of it alive, and that is not what our troops got from the Bush administration. In the words of Lieutenant Rieckhoff, a combat veteran of Iraq, quote, "This is not a small segment of whining soldiers; they're not crying about their beans being cold. They're talking about survivability; they're talking about being able to accomplish the mission and return home safely. We've got the most powerful, well-equipped military in the world and there's really no reason we should be riding around Baghdad looking like the Beverly Hillbillies; it's inexcusable." There will always be casualties in war. We understand that. Not every life can be saved. But to repeat, according to a Defense Department consultant, one in four of American fatalities in Iraq was preventable. That is over 400 lives to date. That is inexcusable. That is a shameful record of neglect on the part of the Bush administration in this war. By the way, George, where is Osama bin Laden, whom you promised could run but could not hide? Well, he is still hiding.

13 2005 LEGISLATIVE JOURNAL SENATE 475 And we know he is not in Iraq, yet that is where all our troops are bogged down. Thank you, Madam President. The PRESIDENT. Thank you, Senator Fumo, for your comments. BILLS REPORTED FROM COMMITTEE Senator SCARNATI, from the Committee on Labor and Industry, reported the following bills: HB 89 (Pr. No. 1921) An Act regulating child labor; conferring powers and duties on the Department of Labor and Industry and the Department of Education; imposing penalties; and making a repeal. HB 875 (Pr. No. 1173) An Act amending the act of June 24, 1976 (P.L.424, No. 101), referred to as the Emergency and Law Enforcement Personnel Death Benefits Act, further providing for death benefit eligibility and for definitions. RESOLUTION REPORTED FROM COMMITTEE Senator SCARNATI, from the Committee on Labor and Industry, reported the following resolution: SR 76 (Pr. No. 731) A Resolution directing the Legislative Budget and Finance Committee to conduct a comprehensive evaluation of all State services provided to persons who are deaf or hard of hearing. The PRESIDENT. The resolution will be placed on the Calendar. BILLS ON FIRST CONSIDERATION Senator BRIGHTBILL. 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: HB89andHB875. And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE COMMONWEALTH OF PENNSYLVANIA COUNCIL ON THE ARTS To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 14, 2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Stewart Russell Cades, Meadow Rise Farm, P.O. Box 184, Carversville 18913, Bucks County, Tenth Senatorial District, for appointment as a member of the Commonwealth of Pennsylvania Council on the Arts, to serve until July 1, 2006, and until his successor is appointed and qualified, vice Myron H. Tomb, Indiana, whose term expired. EDWARD G. RENDELL Governor MEMBER OF THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 14,2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Cornelius D. Pitts, Pharm.D., 6614 North Sixth Street, Philadelphia 19126, Philadelphia County, Third Senatorial District, for reappointment as a member of the 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. EDWARD G. RENDELL Governor MEMBER OF THE STATE BOARD OF PHARMACY To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 14,2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Michael Romano, 5130 Daube Drive, Pittsburgh 15236, Allegheny County, Thirty-seventh Senatorial District, for reappointment as a member of the State Board of Pharmacy, to serve for a term of six years or until his successor is appointed and qualified, but not longer than six months beyond that period. EDWARD G. RENDELL Governor MEMBER OF THE STATE BOARD OF PSYCHOLOGY To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 14, 2005 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Dr. Karen W. Edelstein, 315 South Lawrence Court, Philadelphia 19106, Philadelphia County, First Senatorial District, for reappointment as a member of the State Board of Psychology, to serve for a term of four years or until her successor is