lei^islati "* fxe ZiJournal

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1 COMMONWEALTH OF PENNSYLVANIA lei^islati "* fxe ZiJournal MONDAY, JUNE 2, 2008 SESSION OF ND OF THE GENERAL ASSEMBLY No. 34 SENATE MONDAY, June 2, 2008 The Senate met at 1 p.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Catherine Baker Knoll) in the Chair. PRAYER The Chaplain, Rabbi SOLOMON ISAACSON, of Congregation Beth Solomon, Philadelphia, offered the following prayer: Not necessarily in order of priority, I would like to wish the Pittsburgh Penguins good luck tonight in Detroit. If they win, of course, it will be because the Rabbi prayed, and if they lose, it is because they did not play well, but anyway, good luck. They had a terrific season, and even if they lose, they represented Pennsylvania very well. There are many other States in this count ry that would like to have their team representing them in the Stanley Cup, and we are privileged to have the Penguins represent us, and I am sure they will do their best. On another note, I normally do a prayer for soldiers, that they should be well. Recently, we observed the holiday of Memorial Day, and I want to do a memorial prayer for those who gave of their lives. May God remember the souls of the holy and pure who were killed, murdered, slaughtered, burned, drowned, and strangled because they represented our count ry, wherever they were, because they stood for the rights of others and tried to protect their freedoms. Because of this, may their souls be bound up in the bond of life and together with other righteous men and women in the garden of Eden. Let us say amen. Now I will do the normal prayer. (Translation from Hebrew:) May He who blessed our forefathers - Abraham, Isaac, and Jacob - may He bless the Armed Forces of the United States of America, the Army, the Air Force, the Navy, and the Marines, who stand guard over our land wherever they may be. May Hashem, the Almighty, cause their enemies who rise up against them to be struck down before them. May the Holy One, blessed is He, preserve and rescue our fighting men and women from every trouble and distress and from every plague and illness, and may He send blessing and success in their every endeavor. May He lead our enemies under their sway, and may He adorn them with the crown of salvation and with the diadem of triumph. May there be fulfilled for them the verse: For it is Hashem, your God, who goes with you to battle your enemies for you to save you. (Translation from Hebrew:) May He who grants salvation to kings and dominion to rulers, whose kingdom is a kingdom spanning all eternities, who releases David, a servant, from the evil sword, who places a road in the sea and a path in the mighty waters, may He bless, safeguard, preserve, help, exalt, make great, extol, and raise high our beloved President, Vice President,, Lieutenant, and all the officials of the Senate here in the State of Pennsylvania, and those who serve them. May the King of kings, who reigns over kings in His mercy, may He sustain them and protect them from every trouble, woe, and injury. May he rescue them. May he gather people under their sway and cause their enemies to fall before them. Wherever they turn, may they succeed. The King who reigns over kings in His mercy, may He put into their heart, and into the heart of all their counselors and officials, compassion to do good for us and for all the people of our great Commonwealth. In their days and in ours, so may it be His will, and let us say amen. The PRESIDENT. The Chair thanks Rabbi Isaacson, who is the guest today of Senator Stack. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE STATE BOARD OF DENTISTRY May 19, 2008 advice and consent of the Senate, Colonel Edmund D. Effort, 1139 Mellon Street, Pittsburgh 15206, Allegheny County, Thirty-eighth Senatorial District, for appointment as a member of the State Board of Dentistry, 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, vice Susan Calderbank, D.M.D., Greenville, resigned.

2 2034 LEGISLATIVE JOURNAL - SENATE JUNE 2, MEMBER OF THE STATE BOARD OF OSTEOPATHIC MEDICINE May 19, 2008 advice and consent of the Senate, Joseph Gallagher, Jr., D.O., 323 Warner Road, Wayne 19087, Montgomery County, Seventeenth Senatorial District, for reappointment as a member of the State Board of Osteopathic 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. MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING May 19, 2008 advice and consent of the Senate, Nanette M. Rodgers, 1827 Penn Street, Huntingdon 16652, Huntingdon County, Thirtieth Senatorial District, for appointment as a member of the State Board of Examiners in Speech-Language and Hearing, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Michele Wallace, Mount Wolf, resigned. MEMBER OF THE STATE BOARD OF PODIATRY appointment as a member of the Board of Trustees of Hamburg Center, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified, vice Margaret Breitenstein Papadopoulos, Chincoteague, Virginia, resigned. MEMBER OF THE PENNSYLVANIA LIQUOR CONTROL BOARD May 28, 2008 advice and consent of the Senate, Patrick J. Stapleton III, Esquire, 6 Fox Ridge Drive, Malvern 19355, Chester County, Nineteenth Senatorial District, for reappointment as a member of the Pennsylvania Liquor Control Board, to serve until the third Tuesday of May 2012, and until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE BOARD OF MEDICINE May 28, 2008 advice and consent of the Senate, Annette McDaniel-Turner, 6601 Wissahickon Avenue, Philadelphia 19119, Philadelphia County, Fourth Senatorial District, for reappointment as a member of the State Board of Medicine, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that period. May 20, 2008 MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS May 30, 2008 advice and consent of the Senate, Eric J. Lake, D.O., 4316 Trophy Drive, Boothwyn 19061, Delaware County, Ninth Senatorial District, for appointment as a member of the State Board of Podiatry, 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 E. Douglas Newton, Evans City, whose term expired. MEMBER OF THE BOARD OF TRUSTEES OF HAMBURG CENTER May 28, 2008 advice and consent of the Senate, Frederick A. Herman, 10 Berne Road, Hamburg 19526, Berks County, Twenty-ninth Senatorial District, for advice and consent of the Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve until October 23, 2011, and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Sharon Guise, Dover, resigned. MEMBER OF THE STATE CONSERVATION COMMISSION June 2, 2008

3 2008 LEGISLATIVE JOURNAL - SENATE 2035 advice and consent of the Senate, Alvin M. Myers, 1421 Holly Pike, Carlisle 17013, Cumberland County, Thirty-first Senatorial District, for reappointment as a member of the State Conservation Commission, to serve until May 30, 2012, and until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE CONSERVATION COMMISSION June 2, 2008 advice and consent of the Senate, Duane E. Shuman, 222 B Mountain Pink Road, Bloomsburg 17815, Columbia County, Twenty-seventh Senatorial District, for reappointment as a member of the State Conservation Commission, to serve until May 30, 2012, and until his successor is appointed and qualified, but not longer than six months beyond that period. RECALL COMMUNICATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING May 19, 2008 In accordance with the power and authority vested in me as February 22, 2008, for the appointment of Nora Peterman, 4634 Senatorial District, as a member of the State Board of Examiners in Speech-Language and Hearing, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Michele Wallace, Mount Wolf, resigned. MEMBER OF THE LANCASTER COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the Lancaster County Board of Assistance, to serve until December 31, 2008, and until his successor is appointed and qualified, vice Peter True, Lancaster, resigned. MEMBER OF THE LANCASTER COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Lancaster County Board of Assistance, to serve until December 31, 2010, and until her successor is appointed and qualified, vice Mary J. Loreto, Columbia, resigned. MEMBER OF THE LANCASTER COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Lancaster County Board of Assistance, to serve until December 31, 2010, and until her successor is appointed and qualified, vice MacDonald Stacks, resigned. MEMBER OF THE LAWRENCE COUNTY In accordance with the power and authority vested in me as

4 2036 LEGISLATIVE JOURNAL - SENATE JUNE 2, District, as a member of the Lawrence County Board of Assistance, to serve until December 31, 2009, and until his successor is appointed and qualified, vice Jean L. Rogan, New Castle, resigned. MEMBER OF THE LAWRENCE COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the Lawrence County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Joseph Bullano, New Castle, resigned. MEMBER OF THE LAWRENCE COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Lawrence County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Robert Session, New Castle, deceased. MEMBER OF THE LEBANON COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Lebanon County Board of Assistance, to serve until December 31, 2010, and until her successor is appointed and qualified, vice Joyce Dissinger, Lebanon, resigned. MEMBER OF THE LEHIGH COUNTY In accordance with the power and authority vested in me as District, as a member of the Lehigh County Board of Assistance, to serve until December 31, 2008, and until his successor is appointed and qualified, vice Wendy Engler Shade, Allentown, resigned. MEMBER OF THE LUZERNE COUNTY In accordance with the power and authority vested in me as District, as a member of the Luzerne County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Joseph Salvo, Shavertown, deceased. MEMBER OF THE LYCOMING COUNTY In accordance with the power and authority vested in me as District, as a member of the Lycoming County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Reverend George E. Doran, Jr., Hughesville, deceased.

5 2008 LEGISLATIVE JOURNAL - SENATE 2037 MEMBER OF THE LYCOMING COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Lycoming County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice John Losch, Montoursville, deceased. MEMBER OF THE MCKEAN COUNTY In accordance with the power and authority vested in me as District, as a member of the McKean County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Marcia Shuman, Rixford, resigned. MEMBER OF THE MCKEAN COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the McKean County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Shirley Reed, Eldred, resigned. MEMBER OF THE MCKEAN COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the McKean County Board of Assistance, to serve until December 31, 2008, and until her successor is appointed and qualified, vice Vincent Goodrich, Bradford, resigned. MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as District, as a member of the Mercer County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Janet McDougall, Grove City, resigned. MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the Mercer County Board of Assistance, to serve until December 31, 2009, and until his successor is appointed and qualified, vice Michael Reichart, Sharpsville, deceased.

6 2038 LEGISLATIVE JOURNAL - SENATE JUNE 2, MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the Mercer County Board of Assistance, to serve until December 31, 2008, and until her successor is appointed and qualified, vice David Immonen, Greenville, resigned. MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Mercer County Board of Assistance, to serve until December 31, 2008, and until her successor is appointed and qualified, vice Walter Matthews, Sharon, resigned. MEMBER OF THE MONROE COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Monroe County Board of Assistance, to serve until December 31, 2010, and until her successor is appointed and qualified, vice W. Andrew Worthington, Stroudsburg, resigned. MEMBER OF THE MONTOUR COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the Montour County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Grace Reinaker, Danville, resigned. MEMBER OF THE NORTHAMPTON COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the Northampton County Board of Assistance, to serve until December 31, 2009, and until his successor is appointed and qualified, vice Arthur Panzini, Easton, resigned. MEMBER OF THE NORTHAMPTON COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Northampton County Board of Assistance, to serve until December 31, 2010, and until her successor is appointed and qualified, vice Fred Davis, Easton, deceased.

7 2008 LEGISLATIVE JOURNAL - SENATE MEMBER OF THE NORTHUMBERLAND COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Gregory A. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth Senatorial District, as a member of the Northumberland County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Frederick Hauk, Sunbury, resigned. MEMBER OF THE NORTHUMBERLAND COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Northumberland County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Michael Carpenter, Coal Township, resigned. MEMBER OF THE NORTHUMBERLAND COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Northumberland County Board of Assistance, to serve until December 31, 2008, and until her successor is appointed and qualified, vice Allen Dexter Kunkel, Northumberland, resigned. MEMBER OF THE PERRY COUNTY In accordance with the power and authority vested in me as District, as a member of the Perry County Board of Assistance, to serve until December 31, 2009, and until his successor is appointed and qualified, vice Clifford K. Sloppy, Loysville, deceased. MEMBER OF THE PHILADELPHIA COUNTY In accordance with the power and authority vested in me as District, as a member of the Philadelphia County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Dr. Allener Rogers, Philadelphia, resigned. MEMBER OF THE PHILADELPHIA COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Philadelphia County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Earl Ross, Philadelphia, resigned.

8 2040 LEGISLATIVE JOURNAL - SENATE JUNE 2, MEMBER OF THE PHILADELPHIA COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Philadelphia County Board of Assistance, to serve until December 31, 2008, and until her successor is appointed and qualified, vice Lee Roy Harper, Philadelphia, resigned. MEMBER OF THE PIKE COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the Pike County Board of Assistance, to serve until December 31, 2008, and until his successor is appointed and qualified, vice Kathleen Gross, Matamoras, resigned. MEMBER OF THE PIKE COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the Pike County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Joan Brink, Milford, deceased. MEMBER OF THE PIKE COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Pike County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Helen Gassmann, Matamoras, resigned. CORRECTIONS TO NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS Please note the nomination dated May 12, 2008, for the appointment of James M. Burd (Public Member), 396 Freeport Street, Saxonburg 16056, Butler County, Fortieth Senatorial District, for reappointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, should be corrected to read: James M. Burd (Public Member), 396 Freeport Street, Saxonburg 16056, Butler County, Fortieth Senatorial District, for reappointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not Ionizer than six months be y ond that period. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS Please note the nomination dated May 12, 2008, and corrected on May 13, 2008, for the appointment of Edward J. Little, 115 Bella Vista Drive, P.O. Box 414, Murrysville 15668, Westmoreland County, Fortyfirst Senatorial District, for reappointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for

9 2008 LEGISLATIVE JOURNAL - SENATE 2041 a term of four years and until his successor is appointed and qualified, should be corrected to read: Edward J. Little, 115 Bella Vista Drive, P.O. Box 414, Murrysville 15668, Westmoreland County, Forty-first Senatorial District, for reappointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months be y ond that period. HOUSE MESSAGES HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE BILLS The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate to HB 500 and HB 501. HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE AMENDMENTS TO SENATE BILL The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate to House amendments to SB 810. SENATE BILL RETURNED WITH AMENDMENT The Clerk of the House of Representatives returned to the Senate SB 949, with the information the House has passed the same with amendment in which the concurrence of the Senate is requested. The PRESIDENT. Pursuant to Senate Rule XIV, section 6, this bill will be referred to the Committee on Rules and Executive Nominations. 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: Ma y 15, 2008 HB Committee on Banking and Insurance. HB Committee on State Government. HB Committee on Judiciary. HB Committee on Consumer Protection and Professional Licensure. HB Committee on Aging and Youth. Ma y 20, 2008 HB Committee on Law and Justice. HB 1438 and Committee on Finance. HB Committee on Public Health and Welfare. HB Committee on Banking and Insurance. HB 2114 and Committee on Aging and Youth. HB Committee on Community, Economic and Recreational Development. HB Committee on Aging and Youth. 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: May 20, 2008 Senators STOUT, MELLOW, MUSTO, O'PAKE, FONTANA, KASUNIC, BOSCOLA, FERLO, LAVALLE, STACK, WOZNIAK, WASHINGTON and C. WILLIAMS presented to the Chair SB 1416, entitled: An Act providing for additional debt authorization for the fiscal year. Which was committed to the Committee on APPROPRIA- TIONS, May 20, Senators ORIE, RAFFERTY, EARLL, WAUGH, FOLMER, ERICKSON, EICHELBERGER, SCARNATI, BROWNE, PICCOLA and VANCE presented to the Chair SB 1417, entitled: An Act amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, further providing for service contracts. Which was committed to the Committee on STATE GOV- ERNMENT, May 20, Ma y 22, 2008 Senators BAKER, WAUGH, ROBBINS, TOMLINSON, ORIE, MUSTO, RAFFERTY, REGOLA, C. WILLIAMS, BRUBAKER, GORDNER, McILHINNEY, MELLOW and O'PAKE presented to the Chair SB 1420, entitled: An Act amending Titles 35 (Health and Safety) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, regulating emergency medical services systems; providing for licensure; conferring powers and duties on the Department of Health; further defining "emergency vehicle"; providing for penalties; providing for Emergency Medical Services Operating Fund distributions; and making a related repeal. Which was committed to the Committee on VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, May 22, Senators D. WHITE, ERICKSON, VANCE, WOZNIAK, BROWNE, GORDNER, BOSCOLA, SCARNATI, PILEGGI, ORIE, O'PAKE, PIPPY, CORMAN, KASUNIC, MADIGAN, C. WILLIAMS, PUNT, COSTA, WAUGH, RAFFERTY, BAKER, EARLL, STACK and RHOADES presented to the Chair SB 1422, entitled: 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. Which was committed to the Committee on BANKING AND INSURANCE, May 22, 2008.

10 2042 LEGISLATIVE JOURNAL - SENATE JUNE 2, Senators COSTA, GREENLEAF, STOUT, M. WHITE, ORIE, BOSCOLA, FONTANA, FERLO, C. WILLIAMS, O'PAKE, FUMO and CORMAN presented to the Chair SB 1423, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for the dissemination of names for the Statewide jury list. Which was committed to the Committee on JUDICIARY, May 22, Senators TOMLINSON, BOSCOLA, PILEGGI, CORMAN, LAVALLE, ERICKSON, GREENLEAF, KASUNIC, WOZNIAK, RHOADES, STOUT, KITCHEN, STACK and WASHINGTON presented to the Chair SB 1424, entitled: An Act amending the act of December 22, 1983 (P.L.306, No.84), known as the Board of Vehicles Act, providing for licensing cost. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, May 22, Senators CORMAN, ARMSTRONG, GORDNER, EARLL, LOGAN, MADIGAN, O'PAKE, PIPPY, RAFFERTY, STACK and TOMLINSON presented to the Chair SB 1426, entitled: An Act amending Title 40 (Insurance) of the Pennsylvania Consolidated Statutes, further providing for the definitions of "health service doctor" and "professional health services" and for rights of health service doctors. Which was committed to the Committee on BANKING AND INSURANCE, May 22, Ma y 23, 2008 Senators REGOLA, CORMAN, VANCE, EICHELBERGER, BROWNE, SCARNATI, PILEGGI, MADIGAN, RAFFERTY, FOLMER, KASUNIC, ORIE, ERICKSON, PIPPY, WAUGH, BAKER, RHOADES, GORDNER, WONDERLING, GREENLEAF, BRUBAKER, ROBBINS, D. WHITE, BOSCOLA and ARMSTRONG presented to the Chair SB 1386, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for special tax provisions for poverty. Which was committed to the Committee on FINANCE, May 23, Senators VANCE, CORMAN, REGOLA, EICHELBERGER, BROWNE, PILEGGI, SCARNATI, MADIGAN, RAFFERTY, FOLMER, KASUNIC, ORIE, ERICKSON, PIPPY, WAUGH, BAKER, RHOADES, GORDNER, EARLL, WONDERLING, GREENLEAF, BRUBAKER, ROBBINS, D. WHITE, BOSCOLA and ARMSTRONG presented to the Chair SB 1387, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for classes of income for purposes of the personal income tax. Which was committed to the Committee on FINANCE, May 23, Senators VANCE, RAFFERTY, ERICKSON, ORIE, BAKER, EARLL and O'PAKE presented to the Chair SB 1399, entitled: An Act amending the act of June 18, 1984 (P.L.391, No.82), known as the Continuing-Care Provider Registration and Disclosure Act, further providing for investigations and subpoenas and for audits. Which was committed to the Committee on BANKING AND INSURANCE, May 23, Senators D. WHITE, PILEGGI, ORIE, O'PAKE, PUNT, PIPPY, WAUGH and ARMSTRONG presented to the Chair SB 1411, entitled: An Act establishing a system for payment or reduction in payment for preventable serious adverse events within this Commonwealth; and providing for the powers and duties of the Department of Health and the Department of State. Which was committed to the Committee on BANKING AND INSURANCE, May 23, Senators FONTANA, WASHINGTON, STOUT, RAFFERTY, TARTAGLIONE, COSTA, FUMO, WONDERLING, BOSCOLA, LOGAN, FERLO, LAVALLE, STACK, REGOLA, PIPPY and C. WILLIAMS presented to the Chair SB 1425, entitled: An Act amending the act of December 17, 1986 (P.L.1693, No.202), known as the New Home Construction Local Tax Abatement Act, further providing for procedure for obtaining an exemption. Which was committed to the Committee on FINANCE, May 23, May Senators CORMAN, REGOLA, VANCE, EICHELBERGER, BROWNE, SCARNATI, PILEGGI, BAKER, MADIGAN, RAFFERTY, FOLMER, ORIE, ERICKSON, PIPPY, WAUGH, RHOADES, GORDNER, EARLL, WONDERLING, GREENLEAF, C. WILLIAMS, BRUBAKER, ROBBINS, D. WHITE, BOSCOLA and ARMSTRONG presented to the Chair SB 1385, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing, in corporate net income, for the definition of "taxable income." Which was committed to the Committee on FINANCE, May 30, Senators EICHELBERGER, CORMAN, REGOLA, VANCE, BROWNE, SCARNATI, PILEGGI, BAKER, GORDNER, ORIE, RAFFERTY, PIPPY, WONDERLING, MADIGAN, WAUGH, FOLMER, RHOADES, EARLL, BRUBAKER, GREENLEAF, ROBBINS, D. WHITE and BOSCOLA presented to the Chair SB 1388, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing, in corporate net income, for the definition of "taxable income."

11 2008 LEGISLATIVE JOURNAL - SENATE 2043 Which was committed to the Committee on FINANCE, May 30, Senators RHOADES, RAFFERTY, MUSTO, ERICKSON and DINNIMAN presented to the Chair SB 1414, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, further providing for exceptional children, education and training. Which was committed to the Committee on EDUCATION, May 30, Senators WONDERLING, RAFFERTY, FONTANA, MUSTO, GREENLEAF, WAUGH, BOSCOLA and WASHINGTON presented to the Chair SB 1429, entitled: An Act authorizing the Department of General Services, with the approval of the and the Department of Transportation, to grant and convey to Parkwood Real Estate Trust LLC, approximately acres including a building and all improvements thereon, situate at Parkwood Drive in the City of Allentown and Salisbury Township, Lehigh County. Which was committed to the Committee on STATE GOV- ERNMENT, May 30, June 2, 2008 Senators RHOADES, WASHINGTON, RAFFERTY, MUSTO, ERICKSON and DINNIMAN presented to the Chair SB 1415, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for dispute resolution"for educating exceptional children. Which was committed to the Committee on EDUCATION, June 2, Senators GREENLEAF, RAFFERTY, ERICKSON, CORMAN, RHOADES, MUSTO, C. WILLIAMS and WASHINGTON presented to the Chair SB 1427, entitled: An Act amending the act of May 19, 1995 (P.L.33, No.3), known as the Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act, further providing for definitions, for limitation of economic development agency environmental liability and for defenses to liability. Which was committed to the Committee on ENVIRONMEN- TAL RESOURCES AND ENERGY, June 2, Senators MADIGAN, STOUT, PILEGGI, WOZNIAK, RAFFERTY, FUMO, MUSTO, RHOADES, WAUGH, STACK, WASHINGTON and D. WHITE presented to the Chair SB 1428, entitled: An Act amending the act of June 1, 1945 (P.L.1242, No.428), known as the State Highway Law, providing for erection of trafficcontrol devices while working; and making editorial changes. Which was committed to the Committee on TRANSPORTA- TION, June 2, Senators STOUT, WASHINGTON, OTAKE, GREENLEAF, MUSTO, COSTA, FOLMER, WAUGH, FUMO and C. WILLIAMS presented to the Chair SB 1430, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for motor vehicle driver improvement course. Which was committed to the Committee on BANKING AND INSURANCE, June 2, Senator STOUT presented to the Chair SB 1431, entitled: An Act amending the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, further providing for the appointment of supervisor to certain positions. Which was committed to the Committee on LOCAL GOV- ERNMENT, June 2, RESOLUTION INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Resolution numbered, entitled, and referred as follows, which was read by the Clerk: Ma y 30, 2008 Senators WASHINGTON, WAUGH, BOSCOLA, MUSTO, FUMO, COSTA, LOGAN, WOZNIAK, TARTAGLIONE and A. WILLIAMS presented to the Chair SR 337, entitled: A Resolution directing the Legislative Budget and Finance Committee to study the relationship between increased food prices in this Commnonwealth and the growing use of corn to produce biofuels and to report all findings to the General Assembly. Which was committed to the Committee on AGRICULTURE AND RURAL AFFAIRS, May 30, GENERAL COMMUNICATION AUDITOR GENERAL'S CERTIFICATE The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: COMMONWEALTH OF PENNSYLVANIA Office of the Auditor General Harrisburg, PA The Honorable Joseph B. Scarnati President Pro Tempore PENNSYLVANIA SENATE 292 Main Capitol Building Harrisburg, Pennsylvania Dear Senator Scarnati: May 27, 2008 In accordance with the provisions of Article VIII, Section 7(a)(4) of the Constitution of the Commonwealth of Pennsylvania and Section 304 of the Capital Facilities Debt Enabling Act (Act 1 of 1999, as amended), I am providing you with the accompanying certification in connection with the general obligation bond sale of May 20, A duplicate original of the Auditor General's Certificate is enclosed. Sincerely, JACK WAGNER Auditor General

12 2044 LEGISLATIVE JOURNAL - SENATE JUNE 2, SB 1387 (Pr. No. 2079) AUDITOR GENERAL'S CERTIFICATE Pursuant to ARTICLE VIII, Section 7(a)(4) of the CONSTITUTION OF PENNSYLVANIA and Section 304 of the Capital Facilities Debt Enabling Act To the and the General Assembly: I, Jack Wagner, Auditor General of the Commonwealth of Pennsylvania, pursuant to Article VIII, Section 7(a)(4) of the Constitution of the Commonwealth of Pennsylvania and Section 304 of the Capital Facilities Debt Enabling Act (Act I of 1999, as amended), certify as follows: The amount of outstanding net debt as of June5, $ 6,898,741,006 The difference between the limitation upon all net debt outstanding as provided in Article Vlll, Section 7(a)(4) of the Constitution of the Commonwealth of Pennsylvania and the amount of outstanding net debt as of June5, $44,376,970,630 IN TESTIMONY WHEREOF, I have hereto set my hand and affixed the seal of the Auditor General, this 27th day of May JACK WAGNER Auditor General Commonwealth of Pennsylvania APPOINTMENT OF MEMBER PURSUANT TO SENATE RESOLUTION No. 42 OF 2007 The PRESIDENT. The Chair wishes to announce the Minority Leader has made the following appointment: Senator Wayne D. Fontana as a member of the Joint State Government Commission task force to study the current system for providing services to indigent criminal defendants as outlined by Senate Resolution No. 42, adopted April 16, BILLS SIGNED The PRESIDENT (Lieutenant Catherine Baker Knoll) in the presence of the Senate signed the following bills: SB 810, HB 500, HB 501, HB 775, HB 776 and HB 777 BILLS REPORTED FROM COMMITTEE Senator BROWNE, from the Committee on Finance, reported the following bills: SB 1385 (Pr. No. 2083) An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing, in corporate net income, for the definition of "taxable income." SB 1386 (Pr. No. 2078) An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for special tax provisions for poverty. An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for classes of income for purposes of the personal income tax. SB 1388 (Pr. No. 2084) An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing, in corporate net income, for the definition of "taxable income." SB 1412 (Pr. No. 2065) An Act amending the act of October 6, 1998 (P.L.705, No.92), known as the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act, defining "unoccupied parcel"; providing for extensions for unoccupied parcels, for additional keystone opportunity expansion zones and for substitution of parcels outside a subzone; and further providing for sales and use tax and for corporate net income tax. LEGISLATIVE LEAVES The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Madam President, I request temporary Capitol leaves for Senator Rhoades, Senator Tomlinson, and Senator Punt. The PRESIDENT. Senator Pileggi requests temporary Capitol leaves for Senator Rhoades, Senator Tomlinson, and Senator Punt. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Madam President, I request a legislative leave for Senator Washington. The PRESIDENT. Senator Mellow requests a legislative leave for Senator Washington. Without objection, the leaves will be granted. LEAVES OF ABSENCE Senator PILEGGI asked and obtained a leave of absence for Senator ERICKSON, for today's Session, for personal reasons. Senator MELLOW asked and obtained a leave of absence for Senator O'PAKE, for today's Session, for personal reasons. SENATE CONCURRENT RESOLUTION WEEKLY RECESS Senator PILEGGI offered the following resolution, which was read as follows: In the Senate, June 2, 2008 RESOLVED, (the House of Representatives concurring), Pursuant to Article II, Section 14, of the Pennsylvania Constitution, that when the Regular Session of the Senate recesses this week, it reconvene on Monday, June 9, 2008, unless sooner recalled by the President Pro Tempore of the Senate; and be it further RESOLVED, Pursuant to Article II, Section 14, of the Pennsylvania Constitution, that when the Regular Session of the House of Representatives recesses this week, it reconvene on Monday, June 9, 2008, unless sooner recalled by the Speaker of the House of Representatives.

13 2008 LEGISLATIVE JOURNAL - SENATE 2045 On the question, Will the Senate adopt the resolution? LEGISLATIVE LEAVES CANCELLED The PRESIDENT. Senator Rhoades and Senator Tomlinson have returned, and their temporary Capitol leaves are cancelled. And the question recurring, Will the Senate agree to the motion? The yeas and nays were required by Senator PILEGGI and were as follows, viz: YEA-48 Armstrong Fontana Musto Stout Baker Fumo One Tartaglione Boscola Gordner Piccola Tomlinson Browne Greenleaf Pileggi Vance Brubaker Hughes Pippy Washington Corman Kasunic Punt Waugh Costa Kitchen Rafferty White, Donald Dinniman LaValle Regola White, Mary Jo Earll Logan Rhoades Williams, Anthony H. Eichelberger Madigan Robbins Williams, Constance Ferlo Mcllhinney Scarnati Wonderling Folmer Mellow Stack Wozniak NAY-0 A majority of the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present the same to the House of Representatives for concurrence. SPECIAL ORDER OF BUSINESS GUEST OF SENATOR ELISABETH J. BAKER PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentlewoman from Luzerne, Senator Baker. Senator BAKER. Madam President,. I am very pleased today to recognize Ms. Maggie Dewane, who will be serving a legislative internship this year in my Capitol office here in Harrisburg. Maggie is a junior at Seton Hall University in the John C. Whitehead School of Diplomacy and International Relations. She lives in Senator Vance's district, so jointly, I know we are both very pleased to honor and recognize a young woman from Fairview Township in York County. She is a 2006 graduate of Cedar Cliff High School, and I would like my colleagues to join me in welcoming her to the Pennsylvania Senate. Thank you, Madam President. The PRESIDENT. Will Maggie Dewane please rise. (Applause.) GUESTS OF SENATOR PATRICK M. BROWNE PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Lehigh, Senator Browne. Senator BROWNE. Madam President, I am pleased to introduce two of my summer interns from my Allentown district office, Bobby Trivett and Eric Gross, who are with us today. Bobby is currently attending American University's Kogod School of Business, majoring in business administration, and School of Public Affairs, majoring in political science. Eric is currently attending Elizabethtown College and, upon graduation, plans to enroll in law school to pursue a career in law. Please give them a warm Senate welcome. The PRESIDENT. Will Bobby Trivett and Eric Gross please rise. (Applause.) REQUEST FOR RECESS The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Madam President, I request a recess of the Senate for the purpose, first, of a meeting of the Committee on Rules and Executive Nominations to be held in the Rules room, to be followed by a Republican caucus to be held in the Majority Caucus Room. The PRESIDENT. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Madam President, we also want to caucus, but before we recess, could the Chair recognize Senator Costa, please. PERMISSION TO ADDRESS The PRESIDENT. The Chair recognizes the gentleman from Allegheny, Senator Costa. Senator COSTA. Madam President, I want to thank the Majority Leader and the Minority Leader for letting me take an opportunity, briefly, to provide some remarks. I believe that we have already gotten a wonderful blessing from Rabbi Isaacson with respect to an important development taking place for the city of Pittsburgh in Detroit, Michigan. Madam President, as my colleagues know, our beloved Pittsburgh Penguins are in the finals of the Stanley Cup playoffs, and there has been a tremendous amount of excitement in the city of Pittsburgh and in southwestern Pennsylvania, excitement about these young Penguins who are doing so very, very well. Madam President, they say in politics, one year is a lifetime, and I will tell you that over the past year, the Penguins have in fact been living through a lot of events that most folks and most organizations do not deal with in a lifetime with their organization. If you think back a year or so ago, Madam President, we just were not sure whether or not the Pittsburgh Penguins would be part of the city of Pittsburgh any longer. At that time, there was a significant amount of discussion about the Penguins moving to some other city, possibly Kansas City, for example, possibly Las Vegas. Madam President, it was the work that was done in this Chamber during the budget discussions last June and July that ultimately culminated in legislation that would allow for a capital gaming fund that will allow the Pittsburgh Penguins to construct a new arena in the city of Pittsburgh. That was a major, major part of having them stay in the city of Pittsburgh. As we progressed over the course of the year, the team performed extremely well, and we are very proud of what they have done. In fact, Madam President, as we all know, they marched

14 2046 LEGISLATIVE JOURNAL - SENATE JUNE 2, into the playoffs, and in four games, they beat their old rival, their nemesis who had knocked them out of the playoffs the previous year, the Ottawa Senators, four games to none. They then moved on to play the New York Rangers and defeated the New York Rangers in five games. Madam President, then they met their cross-state rival, the Philadelphia Flyers. There was a lot of bantering that took place here in this Chamber, Madam President, with respect to who was going to be successful in that series. As we know, Madam President, and as I myself and some of my colleagues from Pittsburgh knew the outcome in advance, we knew that our Pittsburgh Penguins would be successful in that series, and in fact were, four games to one. That led them to the Stanley Cup finals, where they are now playing against the Detroit Red Wings. It has been a very, very exciting time. As I mentioned, the games have been wonderful. The team has been performing very well, a very hardworking, dedicated group of primarily young men who have been skating well and doing the best they possibly can against a very, very good Detroit Red Wing team. Madam President, today, what I have placed on all the Members' desks are two things. One is a pin. It is a Stanley Cup finals pin that has the Penguins' and the Red Wings' logos on them. In addition to that, Madam President, is a hat indicating the 2008 Stanley Cup playoffs. These items are compliments of the Pittsburgh Penguins. They wanted to show their appreciation for the efforts of our Chamber and our General Assembly. To that end, Madam President, I would like to take just one moment and read a letter that has been provided to all the Members from the president of the Pittsburgh Penguins, Mr. David Morehouse. It says: Dear Senator: I just want to thank you again for your unwavering support of the Pittsburgh Penguins. Our franchise is entering into a new era, both on and off the ice. On the ice, this group of exceptional young talent has quickly grown into an exciting team that has captured the hearts of fans throughout the entire region. Off the ice, we are eagerly anticipating the opening of a new multipurpose arena that will benefit the entire region. We are excited about our future in Pittsburgh and are grateful to all who have helped us along the way. On behalf of the entire Penguins' organization, thank you! Sincerely, David Morehouse Madam President, I think it is very important to appreciate the recognition they have provided to us and the fact that they will be in a very important game this evening. We want to wish them our best and acknowledge the receipt of these items from our Pittsburgh Penguins. My colleagues from Allegheny County, Senator Fontana, Senator Ferlo, Senator Logan, Senator LaValle, and Senator Stout, are very proud of the efforts of the Pittsburgh Penguins in Allegheny County, and I know my colleague, Senator Orie, would also like to make some comments. Thank you very much, Madam President. The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator Orie. Senator ORIE. Madam President, just to be brief, I guess the best words we could say here today are, "Let's go, Pens, tonight. Let's see a win." I believe in the Penguins, and I believe we are going to take home this championship. So thank you, Madam President. The PRESIDENT. Thank you, Senator Costa and Senator Orie, and thank you to President Morehouse for our pins and our hats. RECESS The PRESIDENT. For purposes of a meeting of the Committee on Rules and Executive Nominations, to be followed by Republican and Democratic caucuses, without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. LEGISLATIVE LEAVE The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Madam President, I request a legislative leave for Senator Vance. The PRESIDENT. Senator Pileggi requests a legislative leave for Senator Vance. Without objection, the leave will be granted. CALENDAR THIRD CONSIDERATION CALENDAR PREFERRED APPROPRIATION BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 1028 (Pr. No. 1328) -- The Senate proceeded to consideration of the bill, entitled: An Act amending the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, further providing for public roads. Considered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

15 2008 LEGISLATIVE JOURNAL - SENATE 2047 YEA-48 Armstrong Fontana Musto Stout Baker Fumo One Tartaglione Boscola Gordner Piccola Tomlinson Browne Greenleaf Pileggi Vance Brubaker Hughes Pippy Washington Conran Kasunic Punt Waugh Costa Kitchen Rafferty White, Donald Dinniman LaValle Regola White, Mary Jo Earll Logan Rhoades Williams, Anthony H. Eichelberger Madigan Robbins Williams, Constance Ferlo Mcllhinney Scarnati Wonderling Folmer Mellow Stack Wozniak 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. BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL OVER IN ORDER TEMPORARILY SB Without objection, the bill was passed over in its order temporarily at the request of Senator COSTA. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. SECOND CONSIDERATION CALENDAR BILL ON SECOND CONSIDERATION REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILLS REREFERRED HB 4 (Pr. No. 3762) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Titles 42 (Judiciary and Judicial Procedure) and 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, providing for definitions of "board" and "department"; further providing for composition of the Pennsylvania Commission on Sentencing, for powers and duties and for adoption of guidelines for sentencing; providing for adoption of guidelines for resentencing, adoption of guidelines for parole and adoption of recommitment ranges following revocation of parole by the Pennsylvania Board of Probation and Parole; further providing for publication of guidelines, for sentencing generally, for sentence of total confinement, for sentencing proceeding and place of confinement and for information required upon commitment and subsequent disposition; providing for work release or other court order and for recidivism risk reduction incentive; and making a related repeal. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. HB 5 (Pr. No. 2241) -- The Senate proceeded to consideration of the bill, entitled: An Act amending the act of July 11, 1923 (P.L.1044, No.425), referred to as the Prisoner Transfer Law, further providing for transfer of inmates. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. HB 6 (Pr. No. 3763) -- The Senate proceeded to consideration of the bill, entitled: An Act amending the act of August 6, 1941 (P.L.861, No.323), referred to as the Pennsylvania Board of Probation and Parole Law, further providing for intent, for business of the Pennsylvania Board of Probation and Parole, for powers and duties of the board, for duties of the chairman of the board, for supervision of parole and probation, for power to parole, for commission of crime during parole and for victim of the offense. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. HB 7 (Pr. No. 3539) -- The Senate proceeded to consideration of the bill, entitled: An Act amending the act of May 31, 1919 (P.L.356, No.170), entitled, as amended, "An act authorizing courts of record to remove convicts and persons confined in jails, workhouses, reformatories, reform or industrial schools, penitentiaries, prisons, houses of correction or any other penal institutions, who are seriously ill, to other institutions; and providing penalties for breach of prison," further providing for removal of certain convicts who are seriously ill. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILLS OVER IN ORDER SB 584 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILLS REREFERRED SB 1203 (Pr. No. 2048) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, further providing for forfeiture, for modification of wills, for advertisement of grant of letters, for duty of personal representative, for enforcement of contribution or exoneration of Federal estate tax, for implementation of power of attorney, for applicability of rule against perpetuities, for modification of conveyance by divorce, for effect of divorce on designation of beneficiaries, for notice of representation, for creditor's claim against settlor, for actions contesting validity of revocable trusts, for claims and distribution after settlor's death, for trustee's duty to inform and report, for illustrative powers of trustee, for limitation of action against trustee, for power to convert to unitrust and for retirement benefits, individual retirement

16 2048 LEGISLATIVE JOURNAL - SENATE JUNE 2, accounts, deferred compensation, annuities and similar payments; and making conforming amendments to Title 15. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. SB 1283 (Pr. No. 1782) -- The Senate proceeded to consideration of the bill, entitled: An Act providing for reports relating to disciplinary action taken by State-owned institutions, State-related institutions and community colleges. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. SB 1285 (Pr. No. 1784) -- The Senate proceeded to consideration of the bill, entitled: An Act requiring State institutions of higher education and independent institutions of higher education to provide parents of students enrolled at each institution with information relating to the institution's drug and alcohol policy, the student disciplinary process and notification of a parent following a student's violation of the drug and alcohol policy. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILLS OVER IN ORDER SB 1363, SB 1364, SB 1365, SB 1366, SB 1367, SB 1368 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL REREFERRED HB 1511 (Pr. No. 3764) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for notice and hearing in juvenile matters. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. THIRD CONSIDERATION CALENDAR RESUMED SB 1297 CALLED UP SB 1297 (Pr. No. 2023) -- Without objection, the bill, which previously went over in its order temporarily, was called up, from page 2 of the Third Consideration Calendar, by Senator PILEGGI. BILL AMENDED SB 1297 (Pr. No. 2023) -- The Senate proceeded to consideration of the bill, entitled: An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, further providing for the expiration of provisions relating to prudent investments; providing for audit of securities deposited with State Treasurer; and making a related repeal. On the question, Will the Senate agree to the bill on third consideration? Senator COSTA, on behalf of Senator FUMO, offered the following amendment No. A7039: Amend Title, page 2, line 1, by inserting after "TREASURER;": in disposition of abandoned and unclaimed property, further providing for judicial action upon determination; Amend Bill, page 3, by inserting between lines 27 and 28: Section 3. Section of the act, amended June 29, 2002 (P.L.614, No.91), is amended to read: Section Judicial Action upon Determinations. [Any person aggrieved by a decision of the State Treasurer, or as to whose claim the State Treasurer has failed to act within ninety (90) days after the filing of the claim, may commence an action in the Commonwealth Court to establish his claim. The proceeding shall be brought within thirty (30) days after the decision of the State Treasurer or within one hundred twenty (120) days from the filing of the claim if the State Treasurer fails to act. The action shall be tried de novo without a jury.] An y person aggrieved b y a decision of the State Treasurer ma y appeal to the Commonwealth Court. The appeal shall be filed within thirt y (30) da y s after the decision of the State Treasurer. The case shall be heard in Commonwealth Court's appellate jurisdiction. (b) An y person as to whose claim the State Treasurer has failed to take action within ninet y (90) da y s after the filing of the claim, may commence an action in the Commonwealth Court to establish his claim within one hundred twent y (120) da y s from the filing of the claim. The action shall be tried de novo without a fury. Amend Sec. 3, page 3, line 28, by striking out "3" and inserting: 4 Amend Sec. 4, page 4, line 9, by striking out "4" and inserting: 5 On the question, Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator PILEGGI. RECESS The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Madam President, I request a recess of the Senate for the purpose of a meeting of the Committee on Appropriations to be held in the Rules room immediately. The PRESIDENT. Without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. COMMUNICATIONS FROM THE GOVERNOR REPORTED FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator ROBBINS, from the Committee on Rules and Executive Nominations, reported communications from His Excellency, the of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows:

17 2008 LEGISLATIVE JOURNAL - SENATE 2049 MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING May 19, 2008 In accordance with the power and authority vested in me as February 22, 2008, for the appointment of Nora Peterman, 4634 Senatorial District, as a member of the State Board of Examiners in Speech-Language and Hearing, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Michele Wallace, Mount Wolf, resigned. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS May 12, 2008 In accordance with the power and authority vested in me as February 22, 2008, for the appointment of Eric Battisti, 515 Country Club Road, Camp Hill 17011, Cumberland County, Thirty-first Senatorial District, as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve until June 13, 2009, and until his successor is appointed and qualified, but not longer than six months beyond that period, vice John S. Detrick, Carlisle, resigned. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS May 12, 2008 In accordance with the power and authority vested in me as February 22, 2008, for the appointment of Nina Tinari (Public Member), 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice James Burd, Saxonburg, whose term expired. MEMBER OF THE LANCASTER COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the Lancaster County Board of Assistance, to serve until December 31, 2008, and until his successor is appointed and qualified, vice Peter True, Lancaster, resigned. MEMBER OF THE LANCASTER COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Lancaster County Board of Assistance, to serve until December 31, 2010, and until her successor is appointed and qualified, vice Mary J. Loreto, Columbia, resigned. MEMBER OF THE LANCASTER COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Lancaster County Board of Assistance, to serve until December 31, 2010, and until her successor is appointed and qualified, vice MacDonald Stacks, resigned.

18 2050 LEGISLATIVE JOURNAL - SENATE JUNE 2, MEMBER OF THE LAWRENCE COUNTY In accordance with the power and authority vested in me as District, as a member of the Lawrence County Board of Assistance, to serve until December 31, 2009, and until his successor is appointed and qualified, vice Jean L. Rogan, New Castle, resigned. MEMBER OF THE LAWRENCE COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the Lawrence County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Joseph Bullano, New Castle, resigned. MEMBER OF THE LAWRENCE COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Lawrence County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Robert Session, New Castle, deceased. MEMBER OF THE LEBANON COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Lebanon County Board of Assistance, to serve until December 31, 2010, and until her successor is appointed and qualified, vice Joyce Dissinger, Lebanon, resigned. MEMBER OF THE LEHIGH COUNTY In accordance with the power and authority vested in me as District, as a member of the Lehigh County Board of Assistance, to serve until December 31, 2008, and until his successor is appointed and qualified, vice Wendy Engler Shade, Allentown, resigned. MEMBER OF THE LUZERNE COUNTY In accordance with the power and authority vested in me as District, as a member of the Luzerne County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Joseph Salvo, Shavertown, deceased.

19 2008 LEGISLATIVE JOURNAL - SENATE 2051 MEMBER OF THE LYCOMING COUNTY In accordance with the power and authority vested in me as District, as a member of the Lycoming County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Reverend George E. Doran, Jr., Hughesville, deceased. MEMBER OF THE LYCOMING COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Lycoming County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice John Losch, Montoursville, deceased. MEMBER OF THE MCKEAN COUNTY In accordance with the power and authority vested in me as District, as a member of the McKean County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Marcia Shuman, Rixford, resigned. MEMBER OF THE MCKEAN COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the McKean County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Shirley Reed, Eldred, resigned. MEMBER OF THE MCKEAN COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the McKean County Board of Assistance, to serve until December31, 2008, and until her successor is appointed and qualified, vice Vincent Goodrich, Bradford, resigned. MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as District, as a member of the Mercer County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Janet McDougall, Grove City, resigned.

20 2052 LEGISLATIVE JOURNAL - SENATE JUNE 2, MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the Mercer County Board of Assistance, to serve until December 31, 2009, and until his successor is appointed and qualified, vice Michael Reichart, Sharpsville, deceased. MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the Mercer County Board of Assistance, to serve until December 31, 2008, and until her successor is appointed and qualified, vice David Immonen, Greenville, resigned. MEMBER OF THE MERCER COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Mercer County Board of Assistance, to serve until December 31, 2008, and until her successor is appointed and qualified, vice Walter Matthews, Sharon, resigned. MEMBER OF THE MONROE COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Monroe County Board of Assistance, to serve until December 31, 2010, and until her successor is appointed and qualified, vice W. Andrew Worthington, Stroudsburg, resigned. MEMBER OF THE MONTOUR COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the Montour County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Grace Reinaker, Danville, resigned. MEMBER OF THE NORTHAMPTON COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the Northampton County Board of Assistance, to serve until December 31, 2009, and until his successor is appointed and qualified, vice Arthur Panzini, Easton, resigned.

21 2008 LEGISLATIVE JOURNAL - SENATE 2053 MEMBER OF THE NORTHAMPTON COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Northampton County Board of Assistance, to serve until December 31, 2010, and until her successor is appointed and qualified, vice Fred Davis, Easton, deceased. MEMBER OF THE NORTHUMBERLAND COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Gregory A. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth Senatorial District, as a member of the Northumberland County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Frederick Hauk, Sunbury, resigned. MEMBER OF THE NORTHUMBERLAND COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Northumberland County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Michael Carpenter, Coal Township, resigned. MEMBER OF THE NORTHUMBERLAND COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Northumberland County Board of Assistance, to serve until December 31, 2008, and until her successor is appointed and qualified, vice Allen Dexter Kunkel, Northumberland, resigned. MEMBER OF THE PERRY COUNTY In accordance with the power and authority vested in me as District, as a member of the Perry County Board of Assistance, to serve until December 31, 2009, and until his successor is appointed and qualified, vice Clifford K. Sloppy, Loysville, deceased. MEMBER OF THE PHILADELPHIA COUNTY In accordance with the power and authority vested in me as District, as a member of the Philadelphia County Board of Assistance, to serve until December 31, 2010, and until his successor is appointed and qualified, vice Dr. Allener Rogers, Philadelphia, resigned.

22 2054 LEGISLATIVE JOURNAL - SENATE JUNE 2, MEMBER OF THE PHILADELPHIA COUNTY In accordance with the power and authority vested in me as Senatorial District, as a member of the Philadelphia County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Earl Ross, Philadelphia, resigned. MEMBER OF THE PHILADELPHIA COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Philadelphia County Board of Assistance, to serve until December 31, 2008, and until her successor is appointed and qualified, vice Lee Roy Harper, Philadelphia, resigned. MEMBER OF THE PIKE COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the Pike County Board of Assistance, to serve until December 31, 2008, and until his successor is appointed and qualified, vice Kathleen Gross, Matamoras, resigned. MEMBER OF THE PIKE COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the Pike County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Joan Brink, Milford, deceased. MEMBER OF THE PIKE COUNTY In accordance with the power and authority vested in me as February 19, 2008, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the Pike County Board of Assistance, to serve until December 31, 2009, and until her successor is appointed and qualified, vice Helen Gassmann, Matamoras, resigned. MAGISTERIAL DISTRICT JUDGE May 12, 2008 In accordance with the power and authority vested in me as April 11, 2008, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as Magisterial District Judge, in and for the County of Schuylkill, Magisterial District , to serve until the first Monday of January 2010, vice William A. Slezosky, resigned. NOMINATIONS RETURNED TO THE GOVERNOR Senator ROBBINS. Madam President, I request that the nominations just read by the Clerk be returned to His Excellency, the. A voice vote having been taken, the question was determined in the affirmative. The PRESIDENT. The nominations will be returned to the. REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator ROBBINS, from the Committee on Rules and Executive Nominations, reported the following nominations made by

23 2008 LEGISLATIVE JOURNAL - SENATE 2055 His Excellency, the of the Commonwealth, which were read by the Clerk as follows: MEMBER OF THE PENNSYLVANIA CANCER CONTROL, PREVENTION AND RESEARCH ADVISORY BOARD May 5, 2008 advice and consent of the Senate, Barbara Ellen Jackson, 2316 Thornton Road, Har r isburg 17109, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the Pennsylvania Cancer Control, Prevention and Research Advisory Board, to serve for a term of four years and until her successor is appointed and qualified, vice Julia Bucher, Milton, whose term expired. MEMBER OF THE COUNCIL OF TRUSTEES OF CHEYNEY UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION April 15, 2008 advice and consent of the Senate, Don Bak, 107 Monticello, Riddle Village, 1048 W. Baltimore Pike, Media 19063, Delaware County, Ninth Senatorial District, for reappointment as a member of the Council of Trustees of Cheyney University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified. MEMBER OF THE COUNCIL OF TRUSTEES OF CHEYNEY UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION April 29, 2008 advice and consent of the Senate, Edward Tomersko, 4 Prince Eugene Lane, Media 19063, Delaware County, Ninth Senatorial District, for appointment as a member of the Council of Trustees of Cheyney University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2013, and until his successor is appointed and qualified, vice The Honorable Robert C. Wonderling, Lansdale, whose term expired. MEMBER OF THE STATE BOARD OF COSMETOLOGY March 3, 2008 advice and consent of the Senate, Maria M. Cordero (Public Member), 4563 G Street, Philadelphia 19120, Philadelphia County, Second Senatorial District, for appointment as a member of the State Board of Cosmetology, to serve until June 30, 2008, and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Marita A. Crawford, Philadelphia, resigned. MEMBER OF THE PENNSYLVANIA GAME COMMISSION May 5, 2008 advice and consent of the Senate, Ronald Weaner (District 6), 435 Celebration Hill Road, Biglerville 17307, Adams County, Thirty-third Senatorial District, for appointment as a member of the Pennsylvania Game Commission, to serve for a term of eight years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Stephen Mohr, Bainbridge, whose term expired. MEMBER OF THE STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE April 7, 2008 advice and consent of the Senate, Kerni Hample, OTD, OTR/L, 17 Laurel Ridge Lane, Lititz 17543, Lancaster County, Thirty-sixth Senatorial District, for appointment 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, vice Debra Zelnick, Philadelphia, whose term expired. MEMBER OF THE PENNSYLVANIA PUBLIC TELEVISION NETWORK COMMISSION May 8, 2008 advice and consent of the Senate, Evan S. Frazier, 1912 Garick Drive,

24 2056 LEGISLATIVE JOURNAL - SENATE JUNE 2, Pittsburgh 15235, Allegheny County, Forty-third Senatorial District, for appointment as a member of the Pennsylvania Public Television Network Commission, to serve until August 17, 2013, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Rev. Loran Mann, Pittsburgh, whose term expired. MEMBER OF THE STATE REAL ESTATE COMMISSION May 13, 2008 advice and consent of the Senate, Gaetano P. Piccirilli (Public Member), 1947 Ritner Street, Philadelphia 19145, Philadelphia County, First Senatorial District, for appointment as a member of the State Real Estate Commission, to serve for a term of five years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Frances Mansberger, York Haven, whose term expired. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS May 12, 2008 advice and consent of the Senate, Kenneth I. Glotfelty, 710 Meadowbrook Road, Carlisle 17015, Cumberland County, Thirty-first Senatorial District, for reappointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period. NOMINATIONS LAID ON THE TABLE Senator ROBBINS. Madam President, I request that the nominations just read by the Clerk be laid on the table. The PRESIDENT. The nominations will be laid on the table. BILLS REPORTED FROM COMMITTEE Senator ARMSTRONG, from the Committee on Appropriations, reported the following bills: SB 352 (Pr. No. 2094) (Amended) (Rereported) An Act providing for Low-Income Home Energy Assistance Program eligibility, allocation of funds and resources; imposing duties on the Department of Public Welfare; and providing for compliance and fraud prevention procedures and for performance audit and allocation of appropriations. SB 1314 (Pr. No. 2095) (Amended) (Rereported) An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for a volunteer responder retention and recruitment tax credit. SB 1315 (Pr. No. 2096) (Amended) (Rereported) An Act providing for a Postsecondary Education Tuition Reimbursement Program for volunteer firefighters, fire police and emergency services personnel. SB 1316 (Pr. No. 2097) (Amended) (Rereported) An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for a tax credit for employers of volunteer firefighters and emergency medical services workers. 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 Alexandra L. Ghaben by Senator Armstrong. Congratulations of the Senate were extended to Holly Manning by Senator Baker. Congratulations of the Senate were extended to Nicholas Migliacci and to Matthew Robert Cornell by Senator Browne. Congratulations of the Senate were extended to Connie Benner, Logan R. Fritz and to Laura Loht by Senator Corman. Congratulations of the Senate were extended to Jesse Chew, Michael P. Gieschen and to the Lord's Pantry of Downingtown by Senator Dinniman. Congratulations of the Senate were extended to the Williamsport Lions Club by Senator Madigan. Congratulations of the Senate were extended to John P. McCormick and to Wilmer David Clark by Senator Piccola. Congratulations of the Senate were extended to William G. Fitzpatrick, Greg A. Seltzer, David E. Mucker and to Lawrence T. Hughes by Senator Pileggi. Congratulations of the Senate were extended to the New First Baptist Church of Birdsboro by Senators Rafferty and O'Pake. Congratulations of the Senate were extended to Louise S. Thompson by Senators Rafferty and C. Williams. Congratulations of the Senate were extended to Robert F. Wallet, George C. Hoover, Brooke Aby, William A. Scholl and to Carolyn Hull by Senator Vance. Congratulations of the Senate were extended to Chief Gary E. Hoover by Senator C. Williams. Congratulations of the Senate were extended to the Harry Trexler Trust of Allentown by Senator Wonderling and others. 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 Mark R. Campbell by Senator Baker.

25 2008 LEGISLATIVE JOURNAL - SENATE 2057 BILLS ON FIRST CONSIDERATION Senator MADIGAN. Madam President, I move that the Senate do now proceed to consideration of all bills reported from committee for the first time at today's Session. The motion was agreed to by voice vote. The bills were as follows: SB 1385, SB 1386, SB 1387, SB 1388 and SB And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. PETITIONS AND REMONSTRANCES The PRESIDENT. The Chair recognizes the gentleman from Philadelphia, Senator Stack. Senator STACK. Madam President, imagine going to the doctor's office and having some tests done and the doctor reveals to you that the test results are not good. You ask the doctor, what can be done to help this, and his answer is, I do not know, I just do the tests, I do not do anything after that. This is what we are doing now if we ignore the results of the costing-out study done last year on the inadequate funding of our public schools. Pennsylvania's Constitution requires that "The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public education..." I do not believe that, today, the General Assembly is fulfilling that obligation. The current system does not distribute State funds efficiently, sufficiently, or fairly. The system is unpredictable, not guided by what it really costs to help all students achieve State standards, unfair to rural and poor districts, and unrelated to the districts' real needs. That certainly does not fit the Constitution's mandate of "efficient." As a result, hundreds of school districts do not have enough funding to provide all students with quality education. Part of the problem is that the State pays just 35 percent of school costs, compared with 55 percent in the early 1970s. About 44 percent of school funding comes from property taxes, compared to the national average of less than 29 percent. That certainly does not meet the Constitution's mandate of "support." If Pennsylvania is to improve public education for children and reduce the current overreliance on local property taxes, the State's share of public education funding must be increased. School districts and local taxpayers have watched the support of this General Assembly wane while their costs and State mandates grow. Economic growth and quality education are not separable. Today, our economy is struggling and people all across this State and nation are suffering. Because of this, it is even more imperative that we do all we can to support our public schools. We have a real chance to change how schools are funded to ensure fair and equitable treatment for all students in Pennsylvania. The way to make this happen lies in the costing-out report done last November. The goal of the costing-out study was to conduct a comprehensive, statewide study to determine the basic cost per student of an education that will allow a student to meet the State's academic standards and assessments. The study found that it takes about $12,057 to adequately educate each public school student for l year. Right now, the statewide funding average per student is just $9,012. That means that public education is underfunded by $4.4 billion. The costing-out report includes a new funding formula that phases in funding over the next 6 years to help schools reach funding targets. The new approach will use updated school enrollment numbers every year. Actual enrollment figures, Madam President, will be used to adjust the funding amount to take into account enrollment shifts and changes in student demographics. State funds will be targeted to communities that have the greatest tax burdens. High-tax, high-need communities would receive the most help. Pennsylvania's funding of its schools is highly dependent on the local wealth of each school district, leaving students in lowand moderate-wealth districts with fewer opportunities and resources. The new formula will take into account these factors so that the children of these communities will not have to be punished because of where they live. The value of a child's education should not be determined by that child's ZIP Code. Every child warrants a chance to excel through learning. Philadelphia, the State's largest district and one of its poorest, would get an additional $86 million. That is a 9.6-percent increase. That money is deeply needed, Madam President. District officials have projected that Philadelphia has at least a $30-million deficit in funding education. Now, I understand that some of my colleagues have concerns about Philadelphia getting more money, but Philadelphia has the highest poverty rate in the Commonwealth, and this is going to cause all kinds of other problems for everyone across the State. Also, let us remember, Madam President, that poverty is not simply confined to the city of Philadelphia. The next 10 poorest counties in the Commonwealth are mostly rural. These children need the most help. These communities need economic development, and in order to start that engine, they need equal access to education. The study clearly shows that Pennsylvania's least wealthy districts, based on property, wealth, and personal income, are the furthest from the funding needs. On average, the poorest 20 percent of districts have to raise spending by 37.5 percent, while the wealthiest 20 percent only have to raise spending by a little over 6 percent. The new funding formula would also address the needs of Pennsylvania's growing school districts. Northeastern Pennsylvania has five high-growth districts. In some growing school districts, the local tax base has dramatically expanded as new homes and businesses are built and property values rise. But in other growing school districts, the tax base has not expanded, and the need for more resources has become very serious. There are 40 Pennsylvania school districts where enrollment has increased by over 10 percent within the past decades, and these districts are not among the State's wealthiest. These districts have grown, but the amount of funding is the same. How can we expect them to educate more students with the same amount of money? Schools are not receiving sufficient State funds, so communities must rely heavily upon property taxes. If the State increases its support of public schools and establishes a fair formula for funding local school districts, it will help reduce local school

26 2058 LEGISLATIVE JOURNAL SENATE JUNE 2, property taxes. This seems like common sense to me. We wanted this study to be conducted. The report is showing us that Pennsylvania's children are not being adequately educated because schools are not getting enough funding. So now we are going to ignore it? The facts are right in front of our faces. We need to act on this. This formula gives us a more reasonable and dependable system of funding public schools. Eighty-five percent of Pennsylvanians support increasing the State's share of education funding. The economic future of communities and the State depend on having well-educated graduates. Maryland, New York, and Kentucky have implemented new funding formulas along the lines of the ones backed by the costing-out report. These States have seen improvements in standardized tests. Money alone will not fix public education. We all know that, I know that, but it is absolutely essential for many of Pennsylvania's districts with needs that truly require more spending. This report should be put to good use. It is more than another one of the hundreds of reports that are done here that end up on a shelf and gather dust. I, for one, do not intend to let the children of Pennsylvania fall behind and be denied equitable, quality education. I cannot sit back and let our children be shortchanged a quality education. Students across this State deserve the opportunity to become productive, contributing citizens, develop their talents and interests, and become successful. We owe that to the kids. We owe that to their parents. We owe that to all Pennsylvanians. Thank you, Madam President. The PRESIDENT. Thank you, Senator Stack, for your very important, meaningful comments on the importance of educational funding in Pennsylvania. As you know, I was a schoolteacher. The Chair recognizes the gentlewoman from Montgomery, Senator Connie Williams. Senator C. WILLIAMS. Madam President, Philadelphia, the Commonwealth, in fact, the whole world, lost a magnificent citizen and a lioness of the art world. Last night, Anne d'hamoncourt, president of the Philadelphia Museum of Art, died suddenly. I know that there will be official and formal condolences to her husband, Joe Rishel, and her personal family, the museum family. But as a board member of the Philadelphia Museum of Art, today I just want to briefly recognize Anne d'hamoncourt. Anne was magnificent. She was magnificent in her presence, in her dignity, in her intelligence, in the breadth of knowledge she had, and in her warmth. So she will be mourned and she will be missed. Thank you. The PRESIDENT. Let us all stand for a moment of silence to her and the tribute that she gave to Philadelphia and the art world. (Whereupon, the Senate en bloc stood in a moment of silence in solemn respect to the memory of ANNE D'HARNON- COURT.) ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITTEE MEETINGS MONDAY, JUNE Off the Floor APPROPRIATIONS (to consider Rules Cmte. Senate Bills No. 2, 352, 1314, 1315, Conf. Rm and 1350) Off the Floor RULES AND EXECUTIVE Rules Cmte. NOMINATIONS (to consider Conf. Rm. certain executive nominations) TUESDAY. JUNE 3, :30 A.M. AGING AND YOUTH (to consider Room 8E-B Senate Bill No. 667) East Wing 10:00 A.M. BANKING AND INSURANCE Hrg. Rm. I (public hearing on the necessity North Off. of the MCARE abatement and the provisions concerning the abatement contained in Senate Bill No. 1137) 10:00 A.M. COMMITTEE OF CONFERENCE Room 8E-B FOR SENATE BILL No. 246 East Wing (to consider Senate Bill No. 246) 12:00 P.M. CONSUMER PROTECTION AND Room 461 PROFESSIONAL LICENSURE (to Main Capitol consider Senate Bills No. 829 and 1424; and House Bills No and 2051) 12:30 P.M. STATE GOVERNMENT (to consider Room 8E-B the nomination of James W. Martin to East Wing the State Civil Service Commission; and consideration of Senate Bills No. 346, 1146, 1227, 1392 and 1429) WEDNESDAY, JUNE 4, :00 A.M. COMMITTEE OF CONFERENCE Hrg. Rm. I FOR SENATE BILL No. 246 North Off. (to consider Senate Bill No. 246) 10:00 A.M. BANKING AND INSURANCE (to Room 461 consider Senate Bills No. 250, 260, Main Capitol 768, 1276 and 1370; and House Bill No. 2179) TUESDAY, JUNE :00 A.M. PUBLIC HEALTH AND WELFARE Maj. Caucus (public hearing on PA Health Care Room 156 Cost Containment Council) Main Capitol RECESS The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator Orie. Senator ORIE. Madam President, I move that the Senate do now recess until Tuesday, June 3, 2008, at 1 p.m., Eastern Daylight Saving Time. The motion was agreed to by voice vote. The Senate recessed at 5:21 p.m., Eastern Daylight Saving Time.