COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL

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1 COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL TUESDAY, APRIL 4, 2006 SESSION OF TH OF THE GENERAL ASSEMBLY No. 22 HOUSE OF REPRESENTATIVES The House convened at 10 a.m., e.d.t. THE SPEAKER (JOHN M. PERZEL) PRESIDING PRAYER REV. T. GLEN BAYLY, Chaplain of the House of Representatives, offered the following prayer: Please join me in prayer. Our gracious Heavenly Father, we once again come into Your presence and we seek Your blessing on this day. We thank You for Your many blessings. We thank You for a new day, and we ask You to be with us. Today as we come before You, we would ask You to cleanse our hearts of sin, those things that we do and say and even think that are displeasing in Your sight. We would ask You to forgive us and help us to forgive others who offend us as well. We pray today and ask You for Your guidance and wisdom in all that we do, that we might have wisdom from above and that we would have the right motivation to serve You and to serve others. We thank You for the gift of life, and may we use our lives in productive ways. We think this morning of those who have lost loved ones in the recent tornadoes, and we would pray for their families for the recovery of their lives, for their thoughts of the future that You might give comfort and guidance. Be with all the lost loved ones. We think of the passing of the former Speaker and ask Your blessing on his family at this time and comfort them. Lord, we thank You today that we have had 4 1/2 years without a major terrorist attack on our homeland, and we give thanks for that. It is a great blessing, and we believe that You are involved in our protection and our guidance. And we seek for protection over our troops today. We ask for Your blessing and wisdom for our President Bush and Governor Rendell. We pray for our Senators and Congressmen and for the members of the State Senate and also for the members of this House of Representatives. We ask that Your spirit would be with us. May we know the blessing of Your spirit and the fruit of love and joy and peace in our lives. Now would You guide this session, make it fruitful, give patience and endurance and cooperation among the members, and we pray all this in Your blessed and holy name. Amen. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by members and visitors.) JOURNAL APPROVAL POSTPONED The SPEAKER. Without objection, the approval of the Journal of Monday, April 3, 2006, will be postponed until printed. JOURNALS APPROVED The SPEAKER. However, the following Journals are in print: Tuesday, November 1; Wednesday, November 2; Monday, November 7; Wednesday, November 9; Monday, November 14; Tuesday, November 15; Wednesday, November 16; Thursday, November 17; Monday, November 21; Tuesday, November 22; and Wednesday, November 30, Without objection, those Journals will be approved. SENATE MESSAGE RECESS RESOLUTION FOR CONCURRENCE The clerk of the Senate, being introduced, presented the following extract from the Journal of the Senate, which was read as follows: In the Senate April 3, 2006 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 Tuesday, April 18, 2006, 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 Senate recesses the

2 600 LEGISLATIVE JOURNAL HOUSE APRIL 4 week of April 18th, it reconvene on Monday, April 24, 2006, 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, April 10, 2006, unless sooner recalled by the Speaker of the House of Representatives; 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 the week of April 10th, it reconvene on Monday, April 24, 2006, unless sooner recalled by the Speaker of the House of Representatives. Ordered, That the clerk present the same to the House of Representatives for its concurrence. Will the House concur in the resolution of the Senate? Resolution was concurred in. Ordered, That the clerk inform the Senate accordingly. LEAVES OF ABSENCE The SPEAKER. The Chair turns to leaves of absence. The Chair recognizes the majority whip, who moves for a leave of absence for the day for the gentleman from Lehigh, Mr. REICHLEY, and the gentleman from Centre, Mr. BENNINGHOFF. Without objection, those leaves will be granted. The minority whip has no leaves of absence requested. MASTER ROLL CALL Cohen Hennessey Payne Thomas Cornell Herman Petrarca Tigue Corrigan Hershey Petri True Costa Hess Petrone Turzai Crahalla Hickernell Phillips Veon Creighton Hutchinson Pickett Vitali Cruz James Pistella Walko Curry Josephs Preston Wansacz Daley Kauffman Pyle Waters Dally Keller, M. Quigley Watson DeLuca Keller, W. Ramaley Wheatley Denlinger Kenney Rapp Williams DeWeese Killion Raymond Wilt DiGirolamo Kirkland Readshaw Wojnaroski Diven Kotik Reed Wright Donatucci LaGrotta Rieger Yewcic Eachus Leach Roberts Youngblood Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Ruffing Speaker ADDITIONS 0 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody Roberts LEAVES ADDED 1 LEAVES CANCELED 2 The SPEAKER. The Chair is about to take the master roll. The members will proceed to vote. Benninghoff Reichley PRESENT 197 Adolph Fichter Major Sabatina Allen Fleagle Manderino Sainato Argall Flick Mann Samuelson Armstrong Forcier Markosek Santoni Baker Frankel Marsico Sather Baldwin Freeman McCall Saylor Barrar Gabig McGeehan Scavello Bastian Gannon McGill Schroder Bebko-Jones Geist McIlhattan Semmel Belardi George McIlhinney Shaner Belfanti Gerber McNaughton Shapiro Beyer Gergely Melio Siptroth Biancucci Gillespie Metcalfe Smith, B. Birmelin Gingrich Micozzie Smith, S. H. Bishop Godshall Millard Solobay Blackwell Good Miller, R. Sonney Blaum Goodman Miller, S. Staback Boyd Grell Mundy Stairs Bunt Grucela Mustio Steil Buxton Gruitza Myers Stern Caltagirone Haluska Nailor Stetler Cappelli Hanna Nickol Stevenson, R. Casorio Harhai O Brien Stevenson, T. Causer Harhart Oliver Sturla Cawley Harper O Neill Surra Civera Harris Pallone Tangretti Clymer Hasay Parker Taylor, J. HOUSE BILLS INTRODUCED AND REFERRED No By Representatives GOODMAN, BARRAR, BELARDI, BELFANTI, BEYER, BIANCUCCI, BOYD, CALTAGIRONE, CAUSER, CAWLEY, CORNELL, CRAHALLA, DeWEESE, DIVEN, FABRIZIO, FAIRCHILD, GEIST, GILLESPIE, GRUCELA, HARPER, HARRIS, HESS, HICKERNELL, KAUFFMAN, M. KELLER, KOTIK, LEACH, MAITLAND, MANN, MARKOSEK, MICOZZIE, PAYNE, PETRARCA, PHILLIPS, PISTELLA, READSHAW, REED, RUBLEY, SATHER, SAYLOR, SCHRODER, SIPTROTH, STABACK, STERN, TANGRETTI, J. TAYLOR, THOMAS, TIGUE, WALKO, WATSON and YOUNGBLOOD An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offense of luring a child into a motor vehicle. Referred to Committee on JUDICIARY, April 4, No By Representatives SCAVELLO, ALLEN, ARMSTRONG, BAKER, BELFANTI, BOYD, CALTAGIRONE, CAPPELLI, CAUSER, CAWLEY, CRAHALLA, CREIGHTON, DALEY, DIVEN, GEIST, GEORGE, GOODMAN, GRUCELA, HARHART,

3 2006 LEGISLATIVE JOURNAL HOUSE 601 HUTCHINSON, JAMES, LaGROTTA, MARKOSEK, MARSICO, MUSTIO, PETRARCA, READSHAW, SATHER, SIPTROTH, SOLOBAY, SONNEY, E. Z. TAYLOR, J. TAYLOR, WALKO, WATERS and WILT An Act amending the act of March 11, 1971 (P.L.104, No.3), known as the Senior Citizens Rebate and Assistance Act, further defining claimant. Referred to Committee on FINANCE, April 4, No By Representative McNAUGHTON An Act making an appropriation to Widener University for Harrisburg Campus operation and maintenance expenses. Referred to Committee on APPROPRIATIONS, April 4, No By Representatives LEH, BENNINGHOFF, BOYD, CAPPELLI, CRAHALLA, CREIGHTON, DENLINGER, FICHTER, FORCIER, GEIST, GINGRICH, MAHER, MARSICO, McILHATTAN, METCALFE, PYLE, QUIGLEY, REICHLEY, ROHRER, SAYLOR, SEMMEL, SIPTROTH, R. STEVENSON, E. Z. TAYLOR and WILT An Act prohibiting government competition with private enterprise. Referred to Committee on COMMERCE, April 4, No By Representatives HUTCHINSON and BENNINGHOFF An Act restricting the ability of the General Assembly to convene as a body for voting purposes from October 31 through November 30 in even-numbered years. Referred to Committee on RULES, April 4, No By Representatives VEON, BEBKO-JONES, COHEN, DeWEESE, FRANKEL, GERGELY, GOODMAN, GRUCELA, JAMES, JOSEPHS, KIRKLAND, LaGROTTA, LEACH, MELIO, MYERS, SIPTROTH, STURLA, THOMAS, WALKO, WATERS and YOUNGBLOOD An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for financial responsibility. Referred to Committee on TRANSPORTATION, April 4, No By Representatives VEON, BEBKO-JONES, COHEN, DeWEESE, FRANKEL, GERGELY, GOODMAN, GRUCELA, HARPER, JAMES, JOSEPHS, KIRKLAND, LaGROTTA, LEACH, MELIO, MYERS, PALLONE, SIPTROTH, STABACK, STURLA, THOMAS, WALKO, WATERS and YOUNGBLOOD An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for election of tort options in financial responsibility. Referred to Committee on TRANSPORTATION, April 4, No By Representatives VEON, BEBKO-JONES, COHEN, DeWEESE, FRANKEL, GERGELY, GOODMAN, GRUCELA, HARPER, JAMES, JOSEPHS, KIRKLAND, LaGROTTA, LEACH, MELIO, MYERS, SIPTROTH, STURLA, THOMAS, WALKO, WATERS and YOUNGBLOOD An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for financial responsibility coverage. Referred to Committee on TRANSPORTATION, April 4, No By Representatives VEON, BEBKO-JONES, COHEN, DeWEESE, FRANKEL, GERGELY, GOODMAN, GRUCELA, JAMES, JOSEPHS, KIRKLAND, LaGROTTA, LEACH, MELIO, MYERS, SIPTROTH, STURLA, THOMAS, WALKO, WATERS and YOUNGBLOOD An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for financial responsibility, for election of tort options in financial responsibility and for financial responsibility coverage. Referred to Committee on TRANSPORTATION, April 4, No By Representatives CREIGHTON, BOYD, CALTAGIRONE, CRAHALLA, DALLY, DENLINGER, GODSHALL, HANNA, HERSHEY, METCALFE, MUSTIO, ROHRER, SONNEY and E. Z. TAYLOR An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, further providing for acquisition and improvements. Referred to Committee on GAME AND FISHERIES, April 4, No By Representatives ZUG, HERSHEY, S. MILLER, BAKER, BARRAR, BEBKO-JONES, BELFANTI, BENNINGHOFF, BEYER, BOYD, BUNT, CALTAGIRONE, CAPPELLI, CLYMER, DALEY, DENLINGER, DeWEESE, FABRIZIO, FAIRCHILD, FLEAGLE, FREEMAN, GABIG, GEIST, GINGRICH, GOODMAN, GRUCELA, HARPER, HARRIS, HICKERNELL, KAUFFMAN, M. KELLER, MANDERINO, MARKOSEK, O NEILL, PETRARCA, PHILLIPS, PICKETT, REED, SAYLOR, SEMMEL, SIPTROTH, B. SMITH, SOLOBAY, STABACK, STERN, SURRA, E. Z. TAYLOR, THOMAS, WALKO and YOUNGBLOOD An Act amending the act of June 26, 1992 (P.L.322, No.64), known as the Agriculture Education Loan Forgiveness Act, further defining qualified applicant. Referred to Committee on AGRICULTURE AND RURAL AFFAIRS, April 4, 2006.

4 602 LEGISLATIVE JOURNAL HOUSE APRIL 4 SENATE BILL FOR CONCURRENCE The clerk of the Senate, being introduced, presented the following bill for concurrence: SB 997, PN 1629 Referred to Committee on HEALTH AND HUMAN SERVICES, April 4, GUESTS INTRODUCED The SPEAKER. The Chair would like to welcome to the hall of the House special guests Rebecca Stoner and Jessica Miller, who are here today serving as guest pages. They are in the 11th grade at Chambersburg High School. They are guests today of Representative Rob Kauffman. They are seated in the well of the hall of the House. Would those guests rise and be recognized. CALENDAR RESOLUTIONS PURSUANT TO RULE 35 Ms. PICKETT called up HR 618, PN 3621, entitled: A Resolution designating April 4, 2006, as Arts in Education Day in Pennsylvania. Will the House adopt the resolution? YEAS 194 Adolph Fichter Maitland Rubley Allen Fleagle Major Ruffing Argall Flick Manderino Sabatina Armstrong Forcier Mann Sainato Baker Frankel Markosek Samuelson Baldwin Freeman Marsico Santoni Barrar Gabig McCall Sather Bastian Gannon McGeehan Saylor Bebko-Jones Geist McGill Scavello Belardi George McIlhattan Semmel Belfanti Gerber McIlhinney Shaner Beyer Gergely McNaughton Shapiro Biancucci Gillespie Melio Siptroth Birmelin Gingrich Metcalfe Smith, B. Bishop Godshall Micozzie Smith, S. H. Blackwell Good Millard Solobay Blaum Goodman Miller, R. Sonney Boyd Grell Miller, S. Staback Bunt Grucela Mundy Stairs Buxton Gruitza Mustio Steil Caltagirone Haluska Myers Stern Cappelli Hanna Nailor Stetler Casorio Harhai Nickol Stevenson, R. Causer Harhart O Brien Stevenson, T. Cawley Harper Oliver Sturla Civera Harris O Neill Surra Clymer Hasay Pallone Tangretti Cohen Hennessey Parker Taylor, J. Cornell Herman Payne Thomas Corrigan Hershey Petrarca Tigue Costa Hess Petri True Crahalla Hickernell Petrone Turzai Creighton Hutchinson Phillips Veon Curry James Pickett Vitali Daley Josephs Pistella Walko Dally Kauffman Preston Wansacz DeLuca Keller, M. Pyle Waters Denlinger Keller, W. Quigley Watson DeWeese Kenney Ramaley Wheatley DiGirolamo Killion Rapp Williams Diven Kirkland Raymond Wilt Donatucci Kotik Readshaw Wojnaroski Eachus LaGrotta Reed Wright Ellis Leach Rieger Yewcic Evans, D. Leh Roberts Yudichak Evans, J. Lescovitz Roebuck Zug Fabrizio Levdansky Rohrer Fairchild Mackereth Rooney Perzel, Feese Maher Ross Speaker NAYS 0 NOT VOTING 3 Cruz Schroder Youngblood EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody was determined in the affirmative and the resolution was adopted. * * * Mr. STURLA called up HR 620, PN 3623, entitled: A Resolution designating April 4, 2006, as Thaddeus Stevens Day in Pennsylvania. Will the House adopt the resolution? YEAS 196 Adolph Fichter Major Ruffing Allen Fleagle Manderino Sabatina Argall Flick Mann Sainato Armstrong Forcier Markosek Samuelson Baker Frankel Marsico Santoni Baldwin Freeman McCall Sather Barrar Gabig McGeehan Saylor Bastian Gannon McGill Scavello Bebko-Jones Geist McIlhattan Schroder Belardi George McIlhinney Semmel Belfanti Gerber McNaughton Shaner Beyer Gergely Melio Shapiro Biancucci Gillespie Metcalfe Siptroth Birmelin Gingrich Micozzie Smith, B. Bishop Godshall Millard Smith, S. H. Blackwell Good Miller, R. Solobay Blaum Goodman Miller, S. Sonney Boyd Grell Mundy Staback Bunt Grucela Mustio Stairs Buxton Gruitza Myers Steil Caltagirone Haluska Nailor Stern Cappelli Hanna Nickol Stetler Casorio Harhai O Brien Stevenson, R.

5 2006 LEGISLATIVE JOURNAL HOUSE 603 Causer Harhart Oliver Stevenson, T. Cawley Harper O Neill Sturla Civera Harris Pallone Surra Clymer Hasay Parker Tangretti Cohen Hennessey Payne Taylor, J. Cornell Herman Petrarca Thomas Corrigan Hershey Petri Tigue Costa Hess Petrone True Crahalla Hickernell Phillips Turzai Creighton Hutchinson Pickett Veon Cruz James Pistella Vitali Curry Josephs Preston Walko Daley Kauffman Pyle Wansacz Dally Keller, M. Quigley Waters DeLuca Keller, W. Ramaley Watson Denlinger Kenney Rapp Wheatley DeWeese Killion Raymond Williams DiGirolamo Kirkland Readshaw Wilt Diven Kotik Reed Wojnaroski Donatucci LaGrotta Rieger Wright Eachus Leach Roberts Yewcic Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Speaker Youngblood NAYS 0 NOT VOTING 1 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody was determined in the affirmative and the resolution was adopted. * * * Mr. W. KELLER called up HR 669, PN 3775, entitled: A Resolution observing April 21 through 23, 2006, as Youth Service Days in Pennsylvania. Will the House adopt the resolution? YEAS 197 Adolph Fichter Major Sabatina Allen Fleagle Manderino Sainato Argall Flick Mann Samuelson Armstrong Forcier Markosek Santoni Baker Frankel Marsico Sather Baldwin Freeman McCall Saylor Barrar Gabig McGeehan Scavello Bastian Gannon McGill Schroder Bebko-Jones Geist McIlhattan Semmel Belardi George McIlhinney Shaner Belfanti Gerber McNaughton Shapiro Beyer Gergely Melio Siptroth Biancucci Gillespie Metcalfe Smith, B. Birmelin Gingrich Micozzie Smith, S. H. Bishop Godshall Millard Solobay Blackwell Good Miller, R. Sonney Blaum Goodman Miller, S. Staback Boyd Grell Mundy Stairs Bunt Grucela Mustio Steil Buxton Gruitza Myers Stern Caltagirone Haluska Nailor Stetler Cappelli Hanna Nickol Stevenson, R. Casorio Harhai O Brien Stevenson, T. Causer Harhart Oliver Sturla Cawley Harper O Neill Surra Civera Harris Pallone Tangretti Clymer Hasay Parker Taylor, J. Cohen Hennessey Payne Thomas Cornell Herman Petrarca Tigue Corrigan Hershey Petri True Costa Hess Petrone Turzai Crahalla Hickernell Phillips Veon Creighton Hutchinson Pickett Vitali Cruz James Pistella Walko Curry Josephs Preston Wansacz Daley Kauffman Pyle Waters Dally Keller, M. Quigley Watson DeLuca Keller, W. Ramaley Wheatley Denlinger Kenney Rapp Williams DeWeese Killion Raymond Wilt DiGirolamo Kirkland Readshaw Wojnaroski Diven Kotik Reed Wright Donatucci LaGrotta Rieger Yewcic Eachus Leach Roberts Youngblood Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Ruffing Speaker NAYS 0 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody was determined in the affirmative and the resolution was adopted. * * * Mr. MAHER called up HR 675, PN 3781, entitled: A Resolution designating the month of April 2006 as Financial Literacy Month in Pennsylvania. Will the House adopt the resolution? YEAS 197 Adolph Fichter Major Sabatina Allen Fleagle Manderino Sainato Argall Flick Mann Samuelson Armstrong Forcier Markosek Santoni Baker Frankel Marsico Sather

6 604 LEGISLATIVE JOURNAL HOUSE APRIL 4 Baldwin Freeman McCall Saylor Barrar Gabig McGeehan Scavello Bastian Gannon McGill Schroder Bebko-Jones Geist McIlhattan Semmel Belardi George McIlhinney Shaner Belfanti Gerber McNaughton Shapiro Beyer Gergely Melio Siptroth Biancucci Gillespie Metcalfe Smith, B. Birmelin Gingrich Micozzie Smith, S. H. Bishop Godshall Millard Solobay Blackwell Good Miller, R. Sonney Blaum Goodman Miller, S. Staback Boyd Grell Mundy Stairs Bunt Grucela Mustio Steil Buxton Gruitza Myers Stern Caltagirone Haluska Nailor Stetler Cappelli Hanna Nickol Stevenson, R. Casorio Harhai O Brien Stevenson, T. Causer Harhart Oliver Sturla Cawley Harper O Neill Surra Civera Harris Pallone Tangretti Clymer Hasay Parker Taylor, J. Cohen Hennessey Payne Thomas Cornell Herman Petrarca Tigue Corrigan Hershey Petri True Costa Hess Petrone Turzai Crahalla Hickernell Phillips Veon Creighton Hutchinson Pickett Vitali Cruz James Pistella Walko Curry Josephs Preston Wansacz Daley Kauffman Pyle Waters Dally Keller, M. Quigley Watson DeLuca Keller, W. Ramaley Wheatley Denlinger Kenney Rapp Williams DeWeese Killion Raymond Wilt DiGirolamo Kirkland Readshaw Wojnaroski Diven Kotik Reed Wright Donatucci LaGrotta Rieger Yewcic Eachus Leach Roberts Youngblood Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Ruffing Speaker NAYS 0 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody was determined in the affirmative and the resolution was adopted. GUESTS INTRODUCED The SPEAKER. We have special guests William and Betsy Kreger, who are the guest pages of Representative Bob Bastian from Markleton, Somerset County, PA. Their parents, John and Rita Kreger, are seated to the left of the Speaker in the well of the hall of the House, along with Susie, wife of Representative Bob Bastian. Would those guests all please rise and be recognized. We have two special guest pages, Hannah Wenger and Thomas Whitmore, from Trinity High School, who are the guests today of Representative Jerry Nailor. They are seated in the well of the hall of the House. Would they please rise and be recognized. BILL ON CONCURRENCE IN SENATE AMENDMENTS The House proceeded to consideration of concurrence in Senate amendments to HB 58, PN 3760, entitled: An Act providing a bonus to Pennsylvanians who are United States Merchant Marine veterans who served during World War II; imposing certain duties on the Adjutant General; providing penalties; and making an appropriation. Will the House concur in Senate amendments? The SPEAKER. It is moved by the gentleman, Mr. Maher, that the House do concur in the amendments inserted by the Senate. Will the House concur in Senate amendments? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. YEAS 197 Adolph Fichter Major Sabatina Allen Fleagle Manderino Sainato Argall Flick Mann Samuelson Armstrong Forcier Markosek Santoni Baker Frankel Marsico Sather Baldwin Freeman McCall Saylor Barrar Gabig McGeehan Scavello Bastian Gannon McGill Schroder Bebko-Jones Geist McIlhattan Semmel Belardi George McIlhinney Shaner Belfanti Gerber McNaughton Shapiro Beyer Gergely Melio Siptroth Biancucci Gillespie Metcalfe Smith, B. Birmelin Gingrich Micozzie Smith, S. H. Bishop Godshall Millard Solobay Blackwell Good Miller, R. Sonney Blaum Goodman Miller, S. Staback Boyd Grell Mundy Stairs Bunt Grucela Mustio Steil Buxton Gruitza Myers Stern Caltagirone Haluska Nailor Stetler Cappelli Hanna Nickol Stevenson, R. Casorio Harhai O Brien Stevenson, T. Causer Harhart Oliver Sturla Cawley Harper O Neill Surra Civera Harris Pallone Tangretti Clymer Hasay Parker Taylor, J. Cohen Hennessey Payne Thomas Cornell Herman Petrarca Tigue Corrigan Hershey Petri True Costa Hess Petrone Turzai Crahalla Hickernell Phillips Veon Creighton Hutchinson Pickett Vitali Cruz James Pistella Walko Curry Josephs Preston Wansacz Daley Kauffman Pyle Waters Dally Keller, M. Quigley Watson DeLuca Keller, W. Ramaley Wheatley Denlinger Kenney Rapp Williams

7 2006 LEGISLATIVE JOURNAL HOUSE 605 DeWeese Killion Raymond Wilt DiGirolamo Kirkland Readshaw Wojnaroski Diven Kotik Reed Wright Donatucci LaGrotta Rieger Yewcic Eachus Leach Roberts Youngblood Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Ruffing Speaker NAYS 0 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the amendments were concurred in. Ordered, That the clerk inform the Senate accordingly. BILL SIGNED BY SPEAKER Bill numbered and entitled as follows having been prepared for presentation to the Governor, and the same being correct, the title was publicly read as follows: HB 58, PN 3760 An Act providing a bonus to Pennsylvanians who are United States Merchant Marine veterans who served during World War II; imposing certain duties on the Adjutant General; providing penalties; and making an appropriation. Whereupon, the Speaker, in the presence of the House, signed the same. BILL ON THIRD CONSIDERATION The House proceeded to third consideration of HB 2499, PN 3673, entitled: An Act to provide from the General Fund for the expenses of the Executive, Legislative and Judicial Departments of the Commonwealth, the public debt and for the public schools for the fiscal year July 1, 2006, to June 30, 2007, for certain institutions and organizations, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2006; to provide appropriations from the State Lottery Fund, the Energy Conservation and Assistance Fund, the Hazardous Material Response Fund, The State Stores Fund, the Milk Marketing Fund, the Home Investment Trust Fund, the Emergency Medical Services Operating Fund, the Tuition Payment Fund, the Banking Department Fund, the Firearm Records Check Fund, the Ben Franklin Technology Development Authority Fund, the Tobacco Settlement Fund, the Health Care Provider Retention Account and the Community Health Reinvestment Restricted Account to the Executive Department; to provide appropriations from the Judicial Computer System Augmentation Account to the Judicial Department for the fiscal year July 1, 2006, to June 30, 2007; to provide appropriations from the Motor License Fund for the fiscal year July 1, 2006, to June 30, 2007, for the proper operation of the several departments of the Commonwealth and the Pennsylvania State Police authorized to spend Motor License Fund moneys; to provide for the appropriation of Federal funds to the Executive Department of the Commonwealth and for the establishment of restricted receipt accounts for the fiscal year July 1, 2006, to June 30, 2007, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2006; to provide for the additional appropriation of Federal and State funds from the General Fund and the Motor License Fund, for the Executive Department of the Commonwealth for the fiscal year July 1, 2005, to June 30, 2006, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, Will the House agree to the bill on third consideration? Mr. FEESE offered the following amendment No. A06375: Amend Sec. 206, page 36, line 28, by striking out all of said line State appropriation ,962,000 YEAS 197 Adolph Fichter Major Sabatina Allen Fleagle Manderino Sainato Argall Flick Mann Samuelson Armstrong Forcier Markosek Santoni Baker Frankel Marsico Sather Baldwin Freeman McCall Saylor Barrar Gabig McGeehan Scavello Bastian Gannon McGill Schroder Bebko-Jones Geist McIlhattan Semmel Belardi George McIlhinney Shaner Belfanti Gerber McNaughton Shapiro Beyer Gergely Melio Siptroth Biancucci Gillespie Metcalfe Smith, B. Birmelin Gingrich Micozzie Smith, S. H. Bishop Godshall Millard Solobay Blackwell Good Miller, R. Sonney Blaum Goodman Miller, S. Staback Boyd Grell Mundy Stairs Bunt Grucela Mustio Steil Buxton Gruitza Myers Stern Caltagirone Haluska Nailor Stetler Cappelli Hanna Nickol Stevenson, R. Casorio Harhai O Brien Stevenson, T. Causer Harhart Oliver Sturla Cawley Harper O Neill Surra Civera Harris Pallone Tangretti Clymer Hasay Parker Taylor, J. Cohen Hennessey Payne Thomas Cornell Herman Petrarca Tigue Corrigan Hershey Petri True Costa Hess Petrone Turzai Crahalla Hickernell Phillips Veon Creighton Hutchinson Pickett Vitali Cruz James Pistella Walko Curry Josephs Preston Wansacz Daley Kauffman Pyle Waters Dally Keller, M. Quigley Watson DeLuca Keller, W. Ramaley Wheatley Denlinger Kenney Rapp Williams DeWeese Killion Raymond Wilt DiGirolamo Kirkland Readshaw Wojnaroski Diven Kotik Reed Wright Donatucci LaGrotta Rieger Yewcic Eachus Leach Roberts Youngblood Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug

8 606 LEGISLATIVE JOURNAL HOUSE APRIL 4 Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Ruffing Speaker NAYS 0 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody Mr. FEESE offered the following amendment No. A06376: Amend Sec. 209, page 49, line 9, by striking out all of said line State appropriation... 20,811,000 YEAS 197 Adolph Fichter Major Sabatina Allen Fleagle Manderino Sainato Argall Flick Mann Samuelson Armstrong Forcier Markosek Santoni Baker Frankel Marsico Sather Baldwin Freeman McCall Saylor Barrar Gabig McGeehan Scavello Bastian Gannon McGill Schroder Bebko-Jones Geist McIlhattan Semmel Belardi George McIlhinney Shaner Belfanti Gerber McNaughton Shapiro Beyer Gergely Melio Siptroth Biancucci Gillespie Metcalfe Smith, B. Birmelin Gingrich Micozzie Smith, S. H. Bishop Godshall Millard Solobay Blackwell Good Miller, R. Sonney Blaum Goodman Miller, S. Staback Boyd Grell Mundy Stairs Bunt Grucela Mustio Steil Buxton Gruitza Myers Stern Caltagirone Haluska Nailor Stetler Cappelli Hanna Nickol Stevenson, R. Casorio Harhai O Brien Stevenson, T. Causer Harhart Oliver Sturla Cawley Harper O Neill Surra Civera Harris Pallone Tangretti Clymer Hasay Parker Taylor, J. Cohen Hennessey Payne Thomas Cornell Herman Petrarca Tigue Corrigan Hershey Petri True Costa Hess Petrone Turzai Crahalla Hickernell Phillips Veon Creighton Hutchinson Pickett Vitali Cruz James Pistella Walko Curry Josephs Preston Wansacz Daley Kauffman Pyle Waters Dally Keller, M. Quigley Watson DeLuca Keller, W. Ramaley Wheatley Denlinger Kenney Rapp Williams DeWeese Killion Raymond Wilt DiGirolamo Kirkland Readshaw Wojnaroski Diven Kotik Reed Wright Donatucci LaGrotta Rieger Yewcic Eachus Leach Roberts Youngblood Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Ruffing Speaker NAYS 0 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody Mr. FEESE offered the following amendment No. A06377: Amend Sec. 212, page 72, line 12, by striking out all of said line State appropriation ,694,000 YEAS 197 Adolph Fichter Major Sabatina Allen Fleagle Manderino Sainato Argall Flick Mann Samuelson Armstrong Forcier Markosek Santoni Baker Frankel Marsico Sather Baldwin Freeman McCall Saylor Barrar Gabig McGeehan Scavello Bastian Gannon McGill Schroder Bebko-Jones Geist McIlhattan Semmel Belardi George McIlhinney Shaner Belfanti Gerber McNaughton Shapiro Beyer Gergely Melio Siptroth Biancucci Gillespie Metcalfe Smith, B. Birmelin Gingrich Micozzie Smith, S. H. Bishop Godshall Millard Solobay Blackwell Good Miller, R. Sonney Blaum Goodman Miller, S. Staback Boyd Grell Mundy Stairs Bunt Grucela Mustio Steil Buxton Gruitza Myers Stern Caltagirone Haluska Nailor Stetler Cappelli Hanna Nickol Stevenson, R.

9 2006 LEGISLATIVE JOURNAL HOUSE 607 Casorio Harhai O Brien Stevenson, T. Causer Harhart Oliver Sturla Cawley Harper O Neill Surra Civera Harris Pallone Tangretti Clymer Hasay Parker Taylor, J. Cohen Hennessey Payne Thomas Cornell Herman Petrarca Tigue Corrigan Hershey Petri True Costa Hess Petrone Turzai Crahalla Hickernell Phillips Veon Creighton Hutchinson Pickett Vitali Cruz James Pistella Walko Curry Josephs Preston Wansacz Daley Kauffman Pyle Waters Dally Keller, M. Quigley Watson DeLuca Keller, W. Ramaley Wheatley Denlinger Kenney Rapp Williams DeWeese Killion Raymond Wilt DiGirolamo Kirkland Readshaw Wojnaroski Diven Kotik Reed Wright Donatucci LaGrotta Rieger Yewcic Eachus Leach Roberts Youngblood Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Ruffing Speaker NAYS 0 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody Mr. FEESE offered the following amendment No. A06378: Amend Table of Contents, page 7, by inserting between lines 4 and 5 Section Attorney General. Amend Sec. 204, page 33, by inserting between lines 23 and 24 For reimbursement to counties for full-time district attorneys as provided in section 1401 of the act of August 9, 1955 (P.L.323, No.130), known as The County Code. State appropriation... 5,000,000 Amend Bill, page 217, by inserting between lines 5 and 6 Section Attorney General. The following amounts are appropriated to the Attorney General: Federal State For reimbursement to counties for full-time district attorneys as provided in section 1401 of the act of August 9, 1955 (P.L.323, No.130), known as The County Code. State appropriation... 5,000,000 Amend Sec. 1896, page 221, line 24, by striking out 2005 and inserting 2006 YEAS 197 Adolph Fichter Major Sabatina Allen Fleagle Manderino Sainato Argall Flick Mann Samuelson Armstrong Forcier Markosek Santoni Baker Frankel Marsico Sather Baldwin Freeman McCall Saylor Barrar Gabig McGeehan Scavello Bastian Gannon McGill Schroder Bebko-Jones Geist McIlhattan Semmel Belardi George McIlhinney Shaner Belfanti Gerber McNaughton Shapiro Beyer Gergely Melio Siptroth Biancucci Gillespie Metcalfe Smith, B. Birmelin Gingrich Micozzie Smith, S. H. Bishop Godshall Millard Solobay Blackwell Good Miller, R. Sonney Blaum Goodman Miller, S. Staback Boyd Grell Mundy Stairs Bunt Grucela Mustio Steil Buxton Gruitza Myers Stern Caltagirone Haluska Nailor Stetler Cappelli Hanna Nickol Stevenson, R. Casorio Harhai O Brien Stevenson, T. Causer Harhart Oliver Sturla Cawley Harper O Neill Surra Civera Harris Pallone Tangretti Clymer Hasay Parker Taylor, J. Cohen Hennessey Payne Thomas Cornell Herman Petrarca Tigue Corrigan Hershey Petri True Costa Hess Petrone Turzai Crahalla Hickernell Phillips Veon Creighton Hutchinson Pickett Vitali Cruz James Pistella Walko Curry Josephs Preston Wansacz Daley Kauffman Pyle Waters Dally Keller, M. Quigley Watson DeLuca Keller, W. Ramaley Wheatley Denlinger Kenney Rapp Williams DeWeese Killion Raymond Wilt DiGirolamo Kirkland Readshaw Wojnaroski Diven Kotik Reed Wright Donatucci LaGrotta Rieger Yewcic Eachus Leach Roberts Youngblood Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Ruffing Speaker NAYS 0 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody

10 608 LEGISLATIVE JOURNAL HOUSE APRIL 4 Mr. FEESE offered the following amendment No. A06379: Amend Sec. 215, page 91, by inserting between lines 15 and 16 For the Breast and Cervical Cancer Early Screening Program. State appropriation... 1,700,000 YEAS 197 Adolph Fichter Major Sabatina Allen Fleagle Manderino Sainato Argall Flick Mann Samuelson Armstrong Forcier Markosek Santoni Baker Frankel Marsico Sather Baldwin Freeman McCall Saylor Barrar Gabig McGeehan Scavello Bastian Gannon McGill Schroder Bebko-Jones Geist McIlhattan Semmel Belardi George McIlhinney Shaner Belfanti Gerber McNaughton Shapiro Beyer Gergely Melio Siptroth Biancucci Gillespie Metcalfe Smith, B. Birmelin Gingrich Micozzie Smith, S. H. Bishop Godshall Millard Solobay Blackwell Good Miller, R. Sonney Blaum Goodman Miller, S. Staback Boyd Grell Mundy Stairs Bunt Grucela Mustio Steil Buxton Gruitza Myers Stern Caltagirone Haluska Nailor Stetler Cappelli Hanna Nickol Stevenson, R. Casorio Harhai O Brien Stevenson, T. Causer Harhart Oliver Sturla Cawley Harper O Neill Surra Civera Harris Pallone Tangretti Clymer Hasay Parker Taylor, J. Cohen Hennessey Payne Thomas Cornell Herman Petrarca Tigue Corrigan Hershey Petri True Costa Hess Petrone Turzai Crahalla Hickernell Phillips Veon Creighton Hutchinson Pickett Vitali Cruz James Pistella Walko Curry Josephs Preston Wansacz Daley Kauffman Pyle Waters Dally Keller, M. Quigley Watson DeLuca Keller, W. Ramaley Wheatley Denlinger Kenney Rapp Williams DeWeese Killion Raymond Wilt DiGirolamo Kirkland Readshaw Wojnaroski Diven Kotik Reed Wright Donatucci LaGrotta Rieger Yewcic Eachus Leach Roberts Youngblood Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Ruffing Speaker NAYS 0 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody Mr. ROEBUCK offered the following amendment No. A06698: Amend Sec. 212, page 67, line 21, by striking out all of said line State appropriation... 4,604,489,000 Amend Sec. 212, page 67, by inserting between lines 24 and 25 For payment to any school district of the first class which has been declared distressed under section 691(c) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of State appropriation... 12,500,000 Mr. S. SMITH. Mr. Speaker? The SPEAKER. On that question, the Chair recognizes the gentleman from Jefferson, the majority leader, Mr. Smith. Mr. S. SMITH. Thank you, Mr. Speaker. Mr. Speaker, while I certainly do not want to disrupt or I regret having to disrupt the smooth flow that we started off on, I did want to point out to the members that this particular amendment has to do with what was a 5-year deal between the Schweiker administration and the mayor of Philadelphia for an additional source of funds. That 5-year deal ran out last year, and I, for one, Mr. Speaker, cannot agree to the substance of this amendment, which would continue that $25 million special appropriation to the School District of Philadelphia. So I am going to be opposing this amendment, Mr. Speaker, and just wanted the members to be aware of the substance of it. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. PARLIAMENTARY INQUIRY AMENDMENT DIVIDED The SPEAKER. The gentleman, Mr. Samuelson. Mr. SAMUELSON. Thank you. A parliamentary inquiry. The SPEAKER. The gentleman will state it.

11 2006 LEGISLATIVE JOURNAL HOUSE 609 Mr. SAMUELSON. Is this amendment divisible between line 3 and line 4? The SPEAKER. It is divisible between lines 3 and 4; yes. Mr. SAMUELSON. Would a motion be in order? The SPEAKER. Just give me one second, Mr. Samuelson. The amendment is divisible. The first vote will be on lines 1, 2, and 3. The second portion will be lines 4 through 11. Mr. SAMUELSON. Thank you, Mr. Speaker. Will the House agree to part 1 of the amendment? The SPEAKER. On that question, Mr. Vitali. Mr. VITALI. May I interrogate the maker? The SPEAKER. Will the gentleman, Mr. Roebuck, stand for interrogation? The gentleman, Mr. Evans, indicates he will stand. Mr. VITALI. I am just a little confused. I just want to be very clear on what we are voting on in this amendment. Mr. D. EVANS. Could you repeat your question, Mr. Speaker? Mr. VITALI. I just want to be absolutely clear what this vote is. Tell me by voting yes on this what I will be voting for. The SPEAKER. One second, Mr. Vitali. The gentleman, Mr. Evans, for the explanation for Mr. Vitali. On that question, Mr. Vitali. Mr. VITALI. I just wanted to clarify Okay. I will request interrogation. Is that where we are right now? The SPEAKER. Yes. Mr. VITALI. Okay. So the amendment has in fact been divided. Is that my understanding? The SPEAKER. That is what I said, Mr. Vitali. Mr. VITALI. Okay. The SPEAKER. Lines 1, 2, and 3 and then lines 4 through 11. Mr. VITALI. We are voting on lines 1, 2, and 3 right now or the balance? The SPEAKER. Mr. Vitali, we just started. Lines 1, 2, and 3; yes. Mr. VITALI. 1 through 3. Okay. Thank you. The SPEAKER. And then we will do 4 through 11. Mr. VITALI. Thank you. The SPEAKER. Okay? On that question, those in favor of the divided amendment, lines 1, 2, and 3, will vote aye ; those opposed, no. (Members proceeded to vote.) VOTE STRICKEN The SPEAKER. The clerk will strike the vote. Mr. Evans. (Conference held at Speaker s podium.) GUESTS INTRODUCED The SPEAKER. The Chair would like to welcome some special guests. There are 24 students and 2 leaders from the German American Partnership Program from Altotting, Germany. They are the guests today of Representative Thomas Creighton. They are in the back of the floor of the House. Would those guests please rise and be recognized. CONSIDERATION OF HB 2499 CONTINUED The SPEAKER. The gentleman, Mr. Samuelson, has withdrawn his motion. So the amendment is lines 1 through 11. It is amendment A6698 as is, lines 1 through 11. YEAS 66 Bebko-Jones Feese Mann Stetler Belardi Frankel McGeehan Sturla Belfanti Freeman Melio Surra Bishop George Mundy Taylor, J. Blackwell Gerber Myers Thomas Blaum Gergely O Brien Tigue Buxton Grucela Oliver Veon Cawley Gruitza Parker Vitali Cohen James Preston Wansacz Corrigan Josephs Rieger Waters Cruz Keller, W. Roberts Wheatley Curry Kenney Roebuck Williams Daley Kirkland Rooney Youngblood DeWeese Leach Sabatina Yudichak Donatucci Lescovitz Shapiro Eachus Levdansky Siptroth Perzel, Evans, D. Manderino Staback Speaker NAYS 131 Adolph Fleagle Maitland Rohrer Allen Flick Major Ross Argall Forcier Markosek Rubley Armstrong Gabig Marsico Ruffing Baker Gannon McCall Sainato Baldwin Geist McGill Samuelson Barrar Gillespie McIlhattan Santoni Bastian Gingrich McIlhinney Sather Beyer Godshall McNaughton Saylor Biancucci Good Metcalfe Scavello Birmelin Goodman Micozzie Schroder Boyd Grell Millard Semmel Bunt Haluska Miller, R. Shaner Caltagirone Hanna Miller, S. Smith, B. Cappelli Harhai Mustio Smith, S. H. Casorio Harhart Nailor Solobay Causer Harper Nickol Sonney Civera Harris O Neill Stairs Clymer Hasay Pallone Steil Cornell Hennessey Payne Stern Costa Herman Petrarca Stevenson, R. Crahalla Hershey Petri Stevenson, T. Creighton Hess Petrone Tangretti Dally Hickernell Phillips True DeLuca Hutchinson Pickett Turzai Denlinger Kauffman Pistella Walko DiGirolamo Keller, M. Pyle Watson Diven Killion Quigley Wilt Ellis Kotik Ramaley Wojnaroski Evans, J. LaGrotta Rapp Wright Fabrizio Leh Raymond Yewcic Fairchild Mackereth Readshaw Zug Fichter Maher Reed

12 610 LEGISLATIVE JOURNAL HOUSE APRIL 4 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not Mr. PRESTON (for Mr. ROEBUCK) offered the following amendment No. A06699: Amend Sec. 212, page 67, line 21, by striking out all of said line State appropriation...4,604,489,000 The SPEAKER. Mr. Vitali. Mr. VITALI. Just as I flip through this, I just want to get a brief explanation. The SPEAKER. Will the gentleman, Mr. Preston, stand for a brief interrogation? Mr. VITALI. I withdraw that. I now see it. The SPEAKER. The Chair thanks the gentleman. YEAS 197 Adolph Fichter Major Sabatina Allen Fleagle Manderino Sainato Argall Flick Mann Samuelson Armstrong Forcier Markosek Santoni Baker Frankel Marsico Sather Baldwin Freeman McCall Saylor Barrar Gabig McGeehan Scavello Bastian Gannon McGill Schroder Bebko-Jones Geist McIlhattan Semmel Belardi George McIlhinney Shaner Belfanti Gerber McNaughton Shapiro Beyer Gergely Melio Siptroth Biancucci Gillespie Metcalfe Smith, B. Birmelin Gingrich Micozzie Smith, S. H. Bishop Godshall Millard Solobay Blackwell Good Miller, R. Sonney Blaum Goodman Miller, S. Staback Boyd Grell Mundy Stairs Bunt Grucela Mustio Steil Buxton Gruitza Myers Stern Caltagirone Haluska Nailor Stetler Cappelli Hanna Nickol Stevenson, R. Casorio Harhai O Brien Stevenson, T. Causer Harhart Oliver Sturla Cawley Harper O Neill Surra Civera Harris Pallone Tangretti Clymer Hasay Parker Taylor, J. Cohen Hennessey Payne Thomas Cornell Herman Petrarca Tigue Corrigan Hershey Petri True Costa Hess Petrone Turzai Crahalla Hickernell Phillips Veon Creighton Hutchinson Pickett Vitali Cruz James Pistella Walko Curry Josephs Preston Wansacz Daley Kauffman Pyle Waters Dally Keller, M. Quigley Watson DeLuca Keller, W. Ramaley Wheatley Denlinger Kenney Rapp Williams DeWeese Killion Raymond Wilt DiGirolamo Kirkland Readshaw Wojnaroski Diven Kotik Reed Wright Donatucci LaGrotta Rieger Yewcic Eachus Leach Roberts Youngblood Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Ruffing Speaker NAYS 0 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody Mr. J. EVANS offered the following amendment No. A06463: Amend Sec. 212, page 67, line 21, by striking out all of said line State appropriation... 4,604,489,000 The SPEAKER. On that question, Mr. Evans. John Evans; I apologize. For what purpose does the gentleman, Mr. Vitali, rise? YEAS 197 Adolph Fichter Major Sabatina Allen Fleagle Manderino Sainato Argall Flick Mann Samuelson

13 2006 LEGISLATIVE JOURNAL HOUSE 611 Armstrong Forcier Markosek Santoni Baker Frankel Marsico Sather Baldwin Freeman McCall Saylor Barrar Gabig McGeehan Scavello Bastian Gannon McGill Schroder Bebko-Jones Geist McIlhattan Semmel Belardi George McIlhinney Shaner Belfanti Gerber McNaughton Shapiro Beyer Gergely Melio Siptroth Biancucci Gillespie Metcalfe Smith, B. Birmelin Gingrich Micozzie Smith, S. H. Bishop Godshall Millard Solobay Blackwell Good Miller, R. Sonney Blaum Goodman Miller, S. Staback Boyd Grell Mundy Stairs Bunt Grucela Mustio Steil Buxton Gruitza Myers Stern Caltagirone Haluska Nailor Stetler Cappelli Hanna Nickol Stevenson, R. Casorio Harhai O Brien Stevenson, T. Causer Harhart Oliver Sturla Cawley Harper O Neill Surra Civera Harris Pallone Tangretti Clymer Hasay Parker Taylor, J. Cohen Hennessey Payne Thomas Cornell Herman Petrarca Tigue Corrigan Hershey Petri True Costa Hess Petrone Turzai Crahalla Hickernell Phillips Veon Creighton Hutchinson Pickett Vitali Cruz James Pistella Walko Curry Josephs Preston Wansacz Daley Kauffman Pyle Waters Dally Keller, M. Quigley Watson DeLuca Keller, W. Ramaley Wheatley Denlinger Kenney Rapp Williams DeWeese Killion Raymond Wilt DiGirolamo Kirkland Readshaw Wojnaroski Diven Kotik Reed Wright Donatucci LaGrotta Rieger Yewcic Eachus Leach Roberts Youngblood Ellis Leh Roebuck Yudichak Evans, D. Lescovitz Rohrer Zug Evans, J. Levdansky Rooney Fabrizio Mackereth Ross Fairchild Maher Rubley Perzel, Feese Maitland Ruffing Speaker NAYS 0 EXCUSED 5 Benninghoff Lederer Reichley Taylor, E. Z. Dermody Mr. ROEBUCK offered the following amendment No. A06466: Amend Sec. 212, page 67, by inserting between lines 24 and 25 For payment to any school district of the first class which has been declared distressed under section 691(c) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of State appropriation... 25,000,000 Mr. S. SMITH. Mr. Speaker? The SPEAKER. The Chair recognizes the gentleman, Mr. Smith, the majority leader. Mr. S. SMITH. Thank you, Mr. Speaker. I would just like to point out this is back where we were a few minutes ago. This amendment is the amendment which would continue for the sixth year what was the 5-year agreement under the Schweiker administration. I just wanted to point that out to the members. The SPEAKER. Mr. Evans. Mr. D. EVANS. Mr. Speaker, what I would like to do is have the Democratic chairman He has the actual agreement. So when the majority leader is stating what he says, he can read to you on the record exactly the agreement that was made with the Schweiker administration, and I would like for the Democratic chairman of the Education Committee to read what he has in the agreement. Thank you. The SPEAKER. The Chair thanks the gentleman. The gentleman, Mr. Roebuck, is recognized. Mr. ROEBUCK. Thank you, Mr. Speaker. I would like to point out that although there is reference to a 5-year agreement, I do not find that in the language of the memorandum under which the State assumed responsibility for the Philadelphia School District. I specifically point to the provisions which reference finances, and it says that The Governor will ask the General Assembly to provide an additional $75 million in general educational subsidy to the School District in FY 03, beyond the amount provided in FY 02 and across-the-board increases proposed for FY 03, increasing to a minimum of $82 million additional subsidy in FY 06, with funds intended to continue thereafter. There is no provision here that suggests that this is a 5-year agreement or a 5-year subsidy, and I think that we ought to be clear on that, Mr. Speaker, and to suggest otherwise is I think to mischaracterize the agreement under which the School District of Philadelphia now operates. Thank you. The SPEAKER. The Chair thanks the gentleman. The gentleman, Mr. Smith. Mr. S. SMITH. Thank you, Mr. Speaker. Mr. Speaker, I, too, have read through the agreement that was signed, which was a unique document in that at the time when Governor Schweiker was orchestrating this deal with the city of Philadelphia, it was something that was done legislatively, but the fact that it was actually committed to writing in terms of some memorandum of understanding or whatever this document actually would be characterized, the fact is, Mr. Speaker, the item the gentleman just read relative to the $82 million, the State has far exceeded the $82 million that was outlined in here as a minimum.

14 612 LEGISLATIVE JOURNAL HOUSE APRIL 4 In talking with Governor Schweiker recently, he has affirmed also to me that the original agreement was $25 million for 5 years, and that was certainly my recollection, Mr. Speaker. I simply think that the Commonwealth has certainly fulfilled its obligation relative to this memorandum of understanding from 5 years ago, 6 years ago, and that certainly at the very minimum, Mr. Speaker, we need to readdress it and not just assume that this money will continue to go to the Philadelphia schools when it otherwise could go to the rest of the school districts in Pennsylvania as well. Thank you, Mr. Speaker. The SPEAKER. The gentleman, Mr. Evans. Mr. D. EVANS. Thank you, Mr. Speaker. Mr. Speaker, about 5 or 6 years ago Governor Ridge and Governor Schweiker, we did a unique partnership with the city of Philadelphia and particularly with the children of the city of Philadelphia. I have heard what the gentleman just expressed, but I think he needs to understand that a commitment was made to the 200,000 children of the city of Philadelphia. And, Mr. Speaker, one of the things that used to always be the criticism was that the system was not meeting the needs of all the kids, that you were hearing stories about bankruptcy, you were hearing stories about name-calling that was taking place. Here, Mr. Speaker, the first time ever in the nation as well as Pennsylvania, we are trying something different, and if we now, Mr. Speaker, send messages to local school districts when we as the State have been trying something different, because all of a sudden we say we have solved the problem, we have not solved the problem, Mr. Speaker. The very same schools that are now under, that are now under this outside control by for-profits and nonprofit organizations, this is what this money pays for. The Speaker knows for himself and he was supportive of that effort like I was supportive of the effort now is not the time to go back. This investment is investing in those children. Now, I do not disagree with the gentleman, because I also am prepared to vote for additional money for any other school district that needs help. We only need to look at school districts that have been having this difficult time. Now, I think it is the wrong time, Mr. Speaker, to talk about the element of, you know, suddenly magically 5 years, because the agreement does not say that. The agreement specifically says, as the Democratic chairman of Education read, that it will continue on these investments on the basis of these particular schools. It is only about 45 schools that are being targeted. I do not think it is now the time to reverse that particular action. I think it is shortsighted, Mr. Speaker, and I think it is a mistake. So I would hope, Mr. Speaker, that the majority leader And I understand the environment that we are operating in and I understand how people look at this specifically relating to the city of Philadelphia, but Philadelphia is a part of the Commonwealth of Pennsylvania, and it is the largest city in the Commonwealth of Pennsylvania, and in my view, it is no time to suddenly be reversing a commitment that has been made. So, Mr. Speaker, I would hope and I have talked to the majority leader I would hope the majority leader would fully understand that I understand the pressures that are put upon members and I understand how this is viewed and I know that this is an election year. Mr. Speaker, can I get the attention, please. The SPEAKER. The gentleman is entitled to be heard. Please break up the conferences in the aisles. Mr. D. EVANS. Mr. Speaker, the reason I asked that I get attention is because I understand how sometimes we look at this process and we say that this is not real, but at the end of the day, this is real for those 200,000 children in the city of Philadelphia. And you know for a fact that if we have something that has been working and test scores have been increasing, there has been fundamental change in the way the leadership has been conducted, in my view, it is not time to go back. I would hope, Mr. Speaker, that members And I know how the process works. Members think, well, this is not for real. Well, just think about the message that we will be sending, Mr. Speaker. We need to continue the investment in the children of the city of Philadelphia. I hope that members recognize that at times this is something that may happen in their particular district. I do not think it is the time to reverse the particular position. I think the agreement is very clear. It states in the record, and I would like to make sure I put in the record the memo I want to put the memo, the memo of agreement, on the record, because I want members to understand, in spite of what I tried to explain, that we have an agreement that was made by Governor Schweiker; Governor Schweiker, the agreement was made. I voted for it; the vast majority of you voted for it. You voted for it organizationally to make change, and you voted for the money. It is, in my view, Mr. Speaker, not the time to suddenly reverse the direction. It sends the wrong message. In this agreement, and the agreement says This agreement was made April This is It has Governor Schweiker s name on it, and just as the chairman of Education, the Democratic chairman said, he said, The Governor will ask the General Assembly to provide an additional $75 million in general educational subsidy to the School District in FY 03, beyond the amount in FY 02 and across-the-board increases proposed for FY 03, increasing to a minimum of $82 million additional subsidy in FY 06, with funds intended to continue thereafter ; to continue thereafter. What I will do, Mr. Speaker, is I will make sure you get a copy of this. This is not, in my view, the time to be perverse when you start talking about progress. I do not disagree that every school district, every school district needs the help, and most of you know I have supported, no matter if it is a Democratic/Republican urban district, I have supported all of that, and I have supported that because I understand if we are going to grow Pennsylvania, every school district, every school district has to benefit. So we need to get away from this idea of pitting one school district against the other, and at the end of the day, we are not pitting. This was signed by Governor Mark Schweiker. I supported it. I am saying to you, I understand the politics, I understand this is an election year and I understand people saying what they cannot vote for, but we now have got to begin to change that. We now have to begin to change it. It is clear to me that this is long overdue. And I understand members want to be able to go out and say, well, we voted against them politically, but come on. Let us get passed the politics of this. If education is ever going to move forward in this State, it is going to be Democrat and Republican. That is the only way it is going to move, and it happened that way in It was Democrats who stood up with you. So I think it is a mistake, Mr. Speaker. I think it is shortsighted. I think as usual it is the same old kind of game that