TUESDAY, DECEMBER 4, 2001

Transcription

1 COMMONWEALTH OF PENNSYLVANIA TUESDAY, DECEMBER 4, 2001 SESSION OF TH OF THE GENERAL ASSEMBLY No. 60 SENATE TUESDAY, December 4,2001 The Senate met at 1 p.m., Eastern Standard Time. The PRESIDENT (Lieutenant Governor Robert C. Jubelirer) in the Chair. PRAYER. The Chaplain, Reverend JOHN J. DAVIDS, ofour Lady of Mount Carmel Church, Doylestown, offered the following prayer: Let us all bow our heads and remember that we are in the presence ofgqd. Heavenly Father, we thank You for Your many gifts given to us on earth to provide for our happiness and peace. We thank You for the knowledge ofwho You are, Heavenly Father. You are a loving and gentle God, slow to anger, abounding in kindness. You tell us all about Yourselfso that we can love You with our hearts and minds and souls. We thank You for the divine spirit embodied in every human being. You revealed Your plan ofcreation by telling us we were made in Your divine image. We mow without a doubt our identity as Your children. Within us is an abundance ofthe virtues offaith, love, peace, and happiness, all the elements ofyour divine essence. You have guided us throughout history by encouraging us to cherish and use these virtues. You warned us ofthe many dangers to our safety. You delivered us from evil by exposing the harshness and cruelty inherent in greed, violence, rancor, hatred, and all forms ofmalice. You have opened our eyes to the cunning, baftling, and powerful attractions ofevil and all its illusions and mendacity. We thank You for guarding us and opening our awareness to vistas ofhope and safety. You remind us to take good care ofour brothers and sisters who cannot take care of themselves. It is ~~~~~~~and~~~~~~ the homeless, prisoners, and anyone suffering from physical or social maladies. You insist that we acknowledge every person, from the moment ofconception to the day ofdeath, as a human person, inspired by Your divine life, and deserving respect and reverence. Heavenly Father, look down on this congregation and bless us, let Your face shine upon us, be gracious to us, look upon us kindly, and give us peace. The PRESIDENT. The Chair thanks Reverend Davids, who is the guest today ofsenator Conti. JOURNAL APPROVED The PRESIDENT. A quorom ofthe Senate being present, the Clerk will read the Journal ofthe preceding Session ofdecember 3,2001. The Clerk proceeded to read the Journal of the preceding Session, when, on motion ofsenator BRIGHlBILL, and agreed to by voice vote, further reading was dispensed with and the Journal was approved HOUSE MESSAGES HOUSE CONCURS IN SENATE BILLS The Clerk of the House of Representatives returned to the Senate SB 370 and 371, with the information the House has passed the same without amendments. HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE BILL The Clerk ofthe House ofrepresentatives informed the Senate that the House has concurred in amendments made by the Senate to HB 17. HOUSE CONCURS IN SENATE CONCURRENT RESOLUTION The Clerk ofthe House ofrepresentatives informed the Senate that the House has concurred in resolution from the Senate, entitled: Weeldy adjournment. BILLS SIGNED The PRESIDENT (Lieutenant Governor Robert C. Jubelirer) in'the presence ofthe Senate signed the following bills: SB 370, SB 371 and HB 17. REPORTS FROM COMMITI'EES Senator GREENLEAF, from the Committee on Judiciary, reported the following bills:

2 1130 LEGISLATIVE JOURNAL - SENATE DECEMBER 4, SB 1075 (pr. No. 1336) An Act regulating bail bond enforcement agents; requiring licensure and registration; and providing for penalties. HB 1333 (pr. No. 2994) (Amended) An Act amending TItle 18 (Crimes and Offenses) ofthe Pennsylvania Consolidated Statutes, providing for Internet child pornography. Senator CORMAN, from the Committee on Communications and High Tecbnology, reported the following bills: SB 656 (pr. No. 1574) (Amended) An Act amending TItles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) ofthe Pennsylvania Consolidated Statutes, further providing for definitions; defining the offense ofunlawful access to information; and further providing for unlawful use ofcomputer and for bases ofpersonal jurisdiction over persons outside this Commonwealth. SB 1001 (Pr. No. 1575) (Amended) An Act providing for notice to employees ofelectronic monitoring by employers of network and information technology resources; and imposing civil penalties. Senator MJ. WHITE, from the Committee on Environmental Resources and Energy, reported the following bills: SB 1115 (Pr. No. 1573) (Amended) An Act establishing within the Department ofenvironmental Protection an accreditation program for environmental laboratories. HB 1830 (pr. No. 2993) (Amended) An Act amending the act of November 18, t968 (p.l.t052, No.322), known as the Sewage 1ieatment Plant and Waterworlcs Operators' Certification Act, amending the title; further providing for definitions, for the State Board for Certification ofsewage Treatment Plant and Waterworlcs, for certification, for professional engineers, for special certificates, for reciprocity, for suspension and revocation, for administrative procedure and judicial review, for fees, for operation ofplants, for pena1ties and enforcement, and for civil relief; establishing the Certification Program Advisory Committee; providing for continuing education and for interim program authorization; and making editorial changes. Senator LEMMOND, from the Committee on State Govern ment, reported the following bills: SB 965 (Pro No. 1538) An Act relating to the implementation ofplans for redistricting the General Assembly. SB 1200 (Pro No. 1531) An Act requiring publication ofnotice ofthe establishment ofcongressional districts following the Federal decennial census. LEGISLATIVE LEAVE The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill. Senator BRIGHTBILL. Mr. President, I request a legislative leave for Senator Bell. The PRESIDENT. Senator Brightbill requests a legislative leave for Senator Bell. Without objection, that leave will be granted. CALENDAR HB 1546 CALLED UP OUT OF ORDER HB 1546 (pr. No. 2105) - Without objection, the bill was called up out oforder, from page 4 ofthe Third Consideration Calendar, by Senator BRIGHTBILL, as a Special Order ofbusiness. BILL LAID ON THE TABLE lib 1546 (Pro No. 2105) - The Senate proceeded to consideration An Act amending TItle 18 (Crimes and Offenses) ofthcpennsylvania Consolidated Statutes, further providing for identity theft. Senator BRIGHTBllL Mr. President, I move that House Bill No be laid on the table. Will the Senate agree to the motion? The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz: YEA-50 Armstrong Greenleaf Mowery Tartaglione Bell Helftick Murphy Thompson Bodack Holl Musto Tomlinson Boscola Hughes O'Pake Wagner Brightbill Jubclirer Orie Waugh Conti Kasunic Piccola Wcoger Corman Kitchen Punt White, Donald Costa Kukovich RhoadeS White, Mary Jo Dent LaValle Robbins WI11iaIm. Anthony H E.u Lemmond Scamati Wdliams. Constance Erickson Logan Schwartz Womialc Fmno Madigan Stack Gerlach Mellow Stout NAY-o A majority ofthe Senators having voted "aye," the question was determined inthe affirmative. The PRESIDENT. House Bill No will be laid on the table. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR ROBERT M. TOMLINSON PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Bucks, Senator Tomlinson. Senator TOMLINSON. Mr. President, I would like to welcome to the Senate today Hillary Mintz, who is the PIAA Class AM Girls' Single Tennis Champion for Her accomplish-

3 2001 LEGISLATIVE JOURNAL - SENATE 1131 ments in tennis began when she was 8 years old and started winning numerous unranked United States Tennis Association tournaments. A junior at Bensalem High School, Hillary was the Girls' Single Champion in the Suburban Patriot Division as a freshman, and inthe Suburban Colonial Division as a sophomore and junior. Additionally, she was the 200I PIAA Class AAA Girls' Single District I Champion in her freshman, sophomore, and junior years, and a finalist in the PIAA Class AAA Girls' Singles Tennis State Championship in her freshman and sophomore years. Her other tennis achievements include being named Tennis Player ofthe Year by The Bucks County Courier Times and The Philadelphia Inquirer. She has also participated in numerous community service projects through her involvement in tennis, including volunteering for several Arthur Ashe Foundation fundraisers and the Bensalem Pride Day, and the United States Player Development Program. Today with Hillary are her very proud parents, Robert and Lynn Mintz; her personal ttainer and coach, Seth Miller; the principal ofbensalem High School, Elliot Lewis; and her tennis coach from Bensalem High School, Eileen Mika. I would like the Senate to welcome this very outstanding student athlete and her very proud parents and coaches. The PRESIDENT. Would the guests of Senator Tomlinson kindly rise so we may congratulate you and welcome you to the Senate ofpennsylvania. (Applause.) GUESTS OF SENATOR LISA M. BOSCOLA PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentlewoman from Northampton, Senator Boscola. Senator BOSCOLA. Mr. President, I have two very special guests in the Senate gallery today. A few weeks ago I stood at this microphone and read an from a gentleman named Jim from Easton who was very concerned about the high price of prescription drugs. Well, Jim is in the gallery today, and I am honored to have Jim and Ethel Edwards here. Jim is 74 years young, and do not worry, Ethel, I am not going to say anything except that you are a lot younger than your husband. During Petitions and RemODStlances, I am going to share their story with everyone here today so we can all see that this issue does have a real &ceo These are real people who are really retired and living on Social security, and there are hundreds of thousands ofseniors just like them out there, like Jim and Ethel, who really need OlD' help. So, I would love the Senate to extend to them our usual warm welcome. The PRESIDENT. We are pleased to welcome you to the Senate ofpennsylvania. (Applause.) GUESTS OF SENATOR NOAH W. WENGER PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Lancaster, Senator Wenger. Senator WENGER. Mr. President, it is a pleasure for me to introduce to the Senate two distinguished gentlemen from Lan-. caster County who are visiting with us here today. One is Tom Showers, who is president of the Manheim Borough Council, chairman ofthe Manheim Area Economic Development Corporation, and also vice president ofthe Bank oflancaster County. Along with Tom is Clair WoIt: who is the former mayor of Ephrata, former prothonotary oflancaster County, and has been very active on the board ofthe Ephrata Community Hospital for many years. Both ofthese gentlemen are in the gallery, and I would like the Senate to extend a warm welcome to them for visiting us here today. The PRESIDENT. The guests of Senator Wenger are here, and we welcome you to the Senate ofpennsylvania. (Applause.) GUESTS OF SENATOR JOE CONTI PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Bucks, Senator Conti. Senator CONTI. Mr. President, it is my honor to reintroduce somebody whom many of my colleagues have met since he served today as our guest Chaplain and led us in prayer at the beginning ofthe Session, the Reverend John 1. Davids, assistant pastor ofmy home parish, Our Lady ofmount Carmel. We are especially fortunate and blessed today to have with Father Davids his parents, John and Julia Davids, and also several ofmy dear friends from Doylestown, Chris Serpico, Julie Curtin, and Mike and Linda Sohonic. So, Mr. President, ifwould you lead my Senate colleagues in a warm welcome to our guests, I would appreciate it The PRESIDENT. Would the guests ofsenator Conti kindly rise so we may welcome you to the Senate ofpennsylvania (Applause.) RECESS The PRESIDENT. The Chair recognizes the gentleman from. Lebanon, Senator Brightbill. Senator BRIGHTBILL. Mr. President, at this time I request a recess ofthe Senate for the purpose ofa Republican caucus. My judgment is that we will be in caucus for about an how'. The PRESIDENT. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I request a Democratic caucus. The PRESIDENT. For purposes of Republican and Democratic caucuses to take place immediately upon recess in their respective caucus rooms, without objection, the Senate willstand in recess. AFTER RECESS The PRESIDING OFFICER (Mary Jo White) id the Chair. The PRESIDING OFFICER. The time ofrecess having expired, the Senate will come to order.

4 1132 LEGISLATIVE JOURNAL - SENATE DECEMBER 4, CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR BILL RERBPORTED FROM COMMIlTEE AS AMENDED OVER IN ORDER SB Without objection, the bill was passed over in its BILL OVER IN ORDER HB Without objection, the bill was passed over in its BILL OVER IN ORDER TEMPORARILY SB Without objection, the bill was passed over in its order temporarily at the request ofsenator BRIGHTBILL. BILL OVER IN ORDER SB Without objection, the bill was passed over in its BILL OVER IN ORDER TEMPORARILY HB Without objection, the bill was passed over in its order temporarily at the request ofsenator BRIGHTBILL. BILL OVER IN ORDER HB Without objection, the bill was passed over in its BILL ON TIIIRD CONSIDERATION AND FINAL PASSAGE SB 978 (Pr. No. 1174) - The Senate proceeded to consideration An Act amending the act of July 7, 1947 (p.l.1368, No.542), known as the Real Estate Tax Sale Law, providing for the alternative collection oftaxes. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-SO Armstrong Greenleaf Mowery Tartaglione Bell Helfiick Murphy Thompson Bodack 8011 Musto Tomlinson Boscola Hughes 0'Pakc Wagner Brightbill Jubclirer Orie Waugh Conti Corman Costa Dent Earll Erickson Fumo Gerlach Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow Piccola Punt Rhoades Robbins Scamati Schwartz Stack Stout NAY-o Wenger White, Donald White. Mary Jo WdlilIm, AndD1y H Wdliams. Constance Womiak A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary ofthe Senate present said bill to the House ofrepresentatives for concldtence. SB 238 CALLED UP SB 238 (pr. No. 284) - 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 BRIGHTBILL. Bll..L AMENDED SB 238 (Pr. No. 284) - The Senate proceeded to consideration An Act amending TItle 75 (Vehicles) ofthe Pennsylvania Consolidated Statutes, adding definitions; further providing for suspension of operating privileges, for licensing ofdrivers, for driver's license violations, for handicapped parking, for speed limits. for restriction on alcoholic beverages, for probationary license, for restrictions on use oflim-. ited access highways and for subsequent convictions ofcertain offenses; conferring powers and duties on the Department ofhealth; increasing certain penalties; and making repeals. Will the Senate agree to the bill on third consideration? TOMLINSON AMENDMENT A4393 Senator TOMLINSON offered the following amendment No. A4393: Amend Sec. 3 (Sec. 1543), page 5, line 17, by inserting brackets before and after "Any person" and inserting immediately thereafter: A person who has an amount ofalcohol by weight in his blood that is less than.02% and Amend Sec. 3 (Sec. 1543), page 5, line 24, by inserting after "or" where it appears the second time: ~ Amend Sec. 3 (Sec. 1543), page 5, line 27, by striking out "!.!i!jt" Amend Sec. 3 (Sec. 1543), page 5, lines 29 and 30; page 6, tines 1 through 3, by striking out "A second" in line 29 and all ofline 30, page 5 and all oflines I through 3, page 6 Amend Sec. 3 (Sec. 1543), page 6, by inserting between lines 3 and 4: ll.n (j) A person who has an amount ofalcohol by weight in his blood that is equal to or greater than.02% or is Weier the influence ofa controlled substance defined in section 1603 (relating to definitions) and who driyes a motor vehicle on any highway or trafficway ofthis Commonwea1tb at a time when that person's operating Privilege is suspended or revoked as a condition ofacceptance ofj\ccelerated RehphUitative Disposition for a violation ofsection 3731 or because ofa violation of

5 2001 LEGISLATIVE JOURNAL - SENATE 1133 section 1547<bXn or 3731 or is suspended under section 1581 for an offense substantially similar to a violation ofsection 3731 shall upon a first conviction. be guilty ofa summary offense and shall be sentenced to pav a fine of and to undergo imprisonment for a period ofnot less than 90 days. em A second violation ofthis paragraph shall constitute a misdemeanor of the third degree and. upon conviction thereof: the person shall be sentenced to pay a fine of and to undergo imprisonment for not less than six months. <iii) A third or subsequent violation of this paragraph shall constitute a misdemeanor ofthe first degrpe and upon conviction thereof: the person shall be sentenced to pay a fine of$5.000 and to undergo imprisonment for not less than two years. Will the Senate agree to the amendment? It was agreed to. Will the Senate agree to the bill on third consideration, as amended? MELLOW AMENDMENT A4499 senator MELLOW offered the following amendment No. A4499: Amend Title, page 1, line 4, by inserting after "violations,": for chemical tests, for ignition interlock systems, for meeting or overtaking a school bus, Amend Title, page 1, line 5, by inserting after "beverages": or controlled substances Amend Title, page 1, line 7, by inserting after "highways":, for traffic on the Pennsylvania Turnpike Amend TItle, page 1, lines 8 and 9, by striking out "conferring powers and duties on the Department ofhealth;" Amend Sec. 8 (Sec ), page 17, line 7, by inserting after "beverages": or controlled substances Will the Senate agree to the amendment? It was agreed to. And the question recmring, Will the Senate agree to the bill on third consideration, as amended? MADIGAN AMENDMENT A4192 Senator MADIGAN offered the following amendment No. A4192: Amend Trtle, page 1, lines 6 and 7, by striking out ", for restrictions on use oflimited access highways" Amend Sec. 5, page 9, line 18, by striking out", 3313(d)" Amend Sec. 5 (Sec. 3313), page 11, lines 21 through 30; page 12, lines 1 through 24, by striking out all ofsaid lines on said pages Will the Senate agree to the amendment? It was agreed to. And the question recuning, Will the Senate agree to the bill on third consideration, as amended? WOZNIAK AMENDMENT A4497 Senator WOZNIAK offered the following amendment No. A4497: Amend Title, page 1, line 6, by inserting after "license,": for slow moving vehicle emblem, Amend Sec. 10, page 19, line 24, by inserting after "Sections": 4529(a), Amend Sec. 10, page 19, by inserting between lines 25 and 26" Slow moving vehicle emblem.. (a) General nde.-all implements ofhusbandry, commercial implements ofhusbandry and special mobile equipment designed to operate at 25 miles per hour or less and all animal-drawn vehicles shall, when traveling on a highway, display on the rear ofthe vehicle a reflective slow moving vehicle emblem as specified in regulations ofthe department Notwithstanding any regulation ofthe department. the display of strips ofgray reflective material to outline the perimeter ofthe rear of an animal-drawn vehicle is sufficient as a slow moving vehicle emblem. The use ofthe slow moving vehicle emblem shall be in addition to any other lighting devices or equipment required bythis title. Will the Senate agree to the amendment? The PRESIDING OFFICER. The Chair recognizes dle gentleman from Cambria, Senator Womiak. Senator WOZNIAK. Madam President, I was requested by an organization ofamish people in the Ebensburg area to see ifwe can make some changes to our law. Because oftheir religious beliefs, they have been practicing civil disobedience. Similar legislation bas been passed in Ohio and a nmnber ofo1her States. Because oftheir religious beliefs, they do not want to display the orange triangle on the back oftheir buggies, and what we are attempting to do is find an alternative that I believe is safe and can give them the reflection they need so that rear-end collisions can be avoided. What they have agreed to is they have a black stripe that when struck by a headlight is highly reflective, and they said by putting it on the perimeter ofthe four sides ofthe back oftheir buggies, these actually are more accurate because you can see the size ofthe reflected square and get an idea of how much slower the buggies are going compared to a car. So what I am trying to do is to respect their civil rights, in a sense, and the fact that our Constitution is set up to protect the minorities from the majority, and try to give them an aiternative that I believe is safe. And since this language bas been accepted in a few other States, I offer it here today and would appreciate an affirmative vote by all ofmy colleagues here. lbankyou. The PRESIDING OFFICER. The Chair recognizes the gentleman from Bradford, Senator Madigan. Senator MADIGAN. Madam President, I think safety is important, and I believe that the good Senator outlined that perhaps we need to look at this in more depth to make sure, and even though it is a minority, many ofthe Amish groups are very happy with what we currently have, so therefore I ask for a "no" vote.

6 1134 LEGISLATIVE JOURNAL - SENATE DECEMBER 4, And the question recmring, Will the Senate agree to the amendment? 3 The yeas and nays were required by Senator WOZNIAK and were as follows, viz: YEA-34 Annstrong Helfrick O'Pake Waugh Bodack Hughes Orie Wenger Bascola Kasunic Punt White, Donald Conti Kitchen Robbins White, Mary Jo Costa Kukovich Schwartz WdJiams. AntImyH Earll LaValle Stack Williams, Constance Erickson Logan Stout Wozniak Fumo Mellow Tartaglione Greenleaf Musto Wagner 4 Amend Sec. 2, page 35, line 12, by striking out "2" and inserting: Amend Sec. 3, page 35, line 15, by striking out "3" and inserting: Will the Senate agree to the amendment? Itwas agreed to. Wrthout objection, the bill, as amended, was passed overin its BILL OVER IN ORDER SB Without objection, the bill was passed over in its NAY-l6 Bell Gerlach Madigan Rhoades Brightbill Holl Mowery Scamati Connan lube1irer Murphy Thompson Dent Lemmond Piccola Tomlinson A majority ofthe Senators having voted "aye," the question was determined in the affirmative. WIthout objection, the bill, as amended, was passed overin its HB 437 CALLED UP HB 437 (Pr. No. 474) - 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 BRIGHTBILL. BILL AMENDED HB 437 (Pr. No. 474) - The Senate proceeded to consideration An Act amending Title 3 (Agriculture) ofthe Pamsylvania Consolidated Statutes, adding provisions relating to the labeling, sale and distribution offertilizcr and ofsoil and plant amendments; providing for the powers and duties of1he Department ofagriculture; establishing the Agronomic Regulatory Account; prescribing penalties; and making a repeal. Will the Senate agree to the bill on third consideration? Senator WAUGH offered the following amendment No. A4S08: Amend Bill, page 35, by inserting between lines 11 and 12: Section 2. (a) A lice:nse granted or registration made under the act ofmay 29, 1956 (1955 P.L.I795, No.598), known as the Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law, in effect on the effective date ofthis act shall remain valid and in effect until its scheduled expiration date. (b) Except to the extent that they are inconsistent with any provisions oftbis act, regulations promulgated under the act ofmay 29, 1956 (1955 P.L.l795, No.598), known as the Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law, in effect on the effective date oftbis act shall continue in effect unless subsequently modified by regulations promulgated by the department under this act BILL AMENDED SB 1000 (Pro No. 1S3S) - The Senate proceeded to consideration An Act amending TItles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) ofthe Pennsylvania Consolidated Statutes, providing for the offenses of terrorism, soliciting or providing support for an act ofterrorism and hindering prosecution for an act of terrorism; establishing a civil action to recover damages caused by tei' rorism; and providing for penalties. Will the Senate agree to the bill on third consideration? Senator MELLOW offered the following amendment No. A4481: Amend Sec. 2 (Sec. 2716), page 2, by inserting between lines 16 and 17: (c) Application ofsection.-this section shall not apply to conduct by a party to a labor dispute as defined in the act of June rel No.3081 known as the Labor Anti-Injlmction Act. or to any constitutionally protected activity. Amend Sec. 2 (Sec. 2716), page 2, line 17, by striking out "is}" and inserting: un Amend Sec. 3 (Sec. 8315), page 5, line 22 and 23, by striking out all ofsaid lines and inserting: or loss ofpropertv caused by an act ofterrorism. (b) Application ofsection.-this section shall not apply to: (1) A financial institution as defined by 31 Amend Sec. 3 (Sec. 8315), page 5, by inserting after line 30: (2) Conduct by a party to a labor dispute as defined in the act ofjune (p.l No.308). known as the Labor Anti-injunction Act. or to any constitutionally protected activity. Amend Sec. 3 (Sec. 8315), page 6, line 1, by striking out "!12l" and inserting:!sa Amend Sec. 3 (Sec. 8315), page 6, line 9, by striking out "!sa" and Amend Sec. 3 (Sec. 8315), page 6, line 14, by striking out ".un" and inserting: 00 Will the Senate agree to the amendment? It was agreed to. Will the Senate agree to the bill on third consideration, as amended?

7 2001 LEGISLATIVE JOURNAL - SENATE 1135 Senator BRIGHTBllL offered the following amendment No. A4S46: Amend Sec. 2 (Sec. 2716), page 2, line 1, by striking out "defined in" and inserting: under Amend Sec. 2 (Sec. 2717), page 3, line 26, by striking out "As defined in" and inserting: An act classified as an offense under Amend Sec. 2 (Sec. 2718), page 5, line 5, by inserting after "him:": Amend Sec. 2 (Sec. 2718), page 5, line 9, by inserting a period after "him" -Amend Sec. 2 (Sec. 2718), page S, lines 9 through 11, by striking out".i.2!" in line 9 and all oflines 10 and 11 Amend Sec. 2 (Sec. 2718), page S, line 12, by striking out "As defined in" and inserting: An act classified as an offense under Amend Sec. 3 (Sec. 8315), page 6, line 18, by striking out "defined in" and inserting: under Will the Senate agree to the amendment? Itwas agreed to. WIthout objection, the bill, as amended, was passed over in its order atthe request ofsenator BRIGHTBILL. BILLS ON TIDRD CONSIDERATION AND FINAL PASSAGE SB 1014 (pr. No. 1431) - The Senate proceeded to consideration An Act amending TItle 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, further providing for situs of inter vivos trust, for roles of succession, for power of decedent, for equitable apportionment offederal estate tax, for definitions and for termination ofcustodianship; providing for delay in transfer ofcustodial property after minor attains age 21 and for individuals presumed dead from the September 11,2001, terrorist attack; further providing for effect of disclaimer; providing for power of trustee to resign; extensively revising provisions on principal and income; and making conforming amendments. Considered the third time and agreed to, And the amendments made thereto having been printed as required bythe Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-SO Armstrong Greenleaf Mowery Tartaglione Bell Hettrick Murphy 1bompson Bodack HoD Musto TomiiDson BosooIa Hughes Q'Pake Wagner Brightbill JubcliJer Orie Waugh Conti Kasunic Piccola Wenger Corman Kitchen Punt White, Donald Costa Kukovicb Rhoades White, Mary Jo Dent LaValle Robbins Wd1UIDs, Antbmy H Earll Lemmond Scamati WiUiams, Constance Erickson Logan Schwartz Womiak Furno Madigan Stack Gerlach Mellow Stout NAY-o A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary ofthe Senate present said bill to the House ofrepresentatives for concurrence. SB 1100 (Pr. No. 1381) -The Senate proceeded to consideration An Act amending TItle 53 (Municipalities Genera1ly) ofthe Peonsylvania Consolidated Statutes, further providing for governing body of municipal authorities. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-SO Armstrong OreenIeaf Mowery Tartaglione Bell Heltiick Murphy Thompson Bodack Holl Musto Tomlinson Boscola Hughes 0'Pake Wagner Brightbill JubeliJer Orie Waugh Conti Kasunic Piccola Wenger Connan Kitcbcn Punt White, Donald. Costa Kukovich Rhoades White, Mary Jo Dent LaValle Robbins WiIIiIDs, Anthony H Earll Lemmond Scamati Williams, Constance Erickson Logan Schwartz Wozniak Furno Madigan Stack Gerlach MeDow Stout NAY-o A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary ofthe Senate present said bill to the House ofrepresentatives for concummce. BILLS AMENDED SB 1169 (Pr. No. 1570) -The Senate proceeded to consideration An Act authorizing the Department ofgeneral Services, with the approval ofthe Governor, to grant and convey to Indiana County, certain lands situate in the Borough ofindiana, Indiana County. Will the Senate agree to the bill on third consideration? Senator MURPHY offered the following amendment No. A4520: Amend TItle, page 1, line 4, by removing the period after "County" and inserting: ; and to grant and convey to Collier Development Company, Inc., certain land situate in Collier Township, Allegheny County. Amend Sec. 1, page 1, line 7, by striking out all ofsaid line and inserting: Section 1. Indiana County conveyance.

8 1136 LEGISLATIVE JOURNAL - SENATE DECEMBER 4, (a) Conveyance.-The Department ofgeneral Services, with the Amend Sec. 1, page 1, line 11, by striking out "section 2" and inserting: subsection (b) Amend Sec. 2, page 1, line 15, by striking out "Section 2. The" and inserting: (b) Property description.-the Amend Sec. 2, page I, line 15, by striking out "section 1" and inserting: subsection (a) Amend Sec. 3, page 2, line 9, by striking out "Section 3. The" and inserting: (c) Restrictions.-The Amend Sec. 4, page 2, line 17, by striking out "Section 4. The" and inserting: (d) Deed.-The Amend Sec. 5, page 2, line 20, by striking out "Section 5. Costs" and inserting: (e) Costs and fees.-costs Amend Sec. 6, page 2, line 22, by striking out "Section 6. In" and inserting: (f) Limitation on transfer.-in Amend Bill, page 2, by inserting between lines 26 and 27: Section 2. Allegheny County conveyance. (a) Conveyance.-The Deparlment ofgeneral Services, with the approval ofthe Governor, is hereby authorized to grant and convey to Collier Development Company, Inc., two parcels ofland situate in Collier Township, Allegheny County, consisting ofapproximately acres as described in subsection (b) for fiur consideration in the amount of$20,000 cash, plus the costs ofabating the environmental condition ofthe land, estimated to be an additional $60,000. (b) Property desaiption.-the parcels to be conveyed pursuant to subsection (a) consist oftwo ti'8cts ofland, situate in Collier Township, County ofallegheny, and Conunonwealth ofpennsylvania, bounded and described as follows, to wit: Parcell BEGINNING at an iron pin set at the western right-of-way line of Interstate Route 79 and lands ofwhich this was originally a part; thence by new lines through lands ofwhich this was originally a part, South 35 degrees 08 minutes 20 seconds West, feet to a set iron pin, North 41 degrees 27 minutes 11 seconds West, feet to a set iron pin, North 39 degrees 31 minutes 13 seconds West, feet to a set iron pin, North 13 degrees 47 minutes 54 seconds East, feet to a set iron pin, North 70 degrees 32 minutes 44 seconds East, feet to a point at the lands now or formerly ofheidelbelg Sports Enterprises; thence along lands now or formerly ofheidelberg Sports Enterprises, the foljowing seven (7) courses and distances: South 19 degrees 27 minutes 16 seconds East, feet; South 39 degrees 57 minutes 16 seconds East, feet; South S4 degrees 43 minutes 16 seconds East, feet; South 82 degrees 28 minutes 16 seconds East, feet; North 80 degrees 32 minutes 44 seconds East, feet; North 69 degrees 16 minutes 44 seconds East, feet; North 53 degrees 16 minutes 44 seconds East, feet to a point at the westezly rightof-way line ofinterstate Route 79; thence along the westerly right-ofway line ofintcrstate Route 79 the following three (3) courses and distances: South 18 degrees 37 minutes 35 seconds East, feet; South 71 degrees 22 minutes 25 seconds West, feet South 18 degrees 37 minutes 35 seconds East, feet to an iron pin set at the point ofbeginning. As described and known as Parcel 1 on Plan of Subdivision for the Department of General Services by Engelhardt -Power & Associates, Inc. Drawing No dated March 27, 1995 and revised May 10, CONTAINING 339,447 square feet, approximately Acres. Parcel 2 BEGINNING at a point in the center ofa public road on the Westerly line ofproperty now orformerly ofw. W. Campbell; and thence from said point ofbeginning along the Westerly line now or formerly ofw. W. Campbell, South 9 degrees 37 minutes 41 seconds East for a distance of feet to a point; thence South 80 degrees 22 minutes 19 seconds West for a distance of69.28 feet to a point; thence North 42 degrees 24 minutes 11 seconds West for a distance of86.77 feet to a point; thence North 9 degrees 37 minutes 41 seconds West for a distance of67.05 feet to the center ofa public road; thence North 80 degrees 22 minutes 19 feet East for a distance of feet to a point at place ofbeginning. As described and known as Parcel No.6 on Plan of Subdivision for the Deparlment of General Services by Engelhardt Power & Associates, Inc. Drawing No. C-2629 dated March 24, CONTAINING an area ofapproximately Three Hundred Thirty-Pour Thousandths (0.334) acres. (c) Restrictions.- (1) The conveyance shall be made under and subject to all lawful and enforceable easements and rights ofothers, including. but not confined to, streets, roadways and rights ofany telephone, telegraph, cable, water, electric, sewer, gas orpipeline companies, as well as under and subject to any lawful and enforceable interest, estates or tenancies vested in third persons, appearing ofrecord, for any portion ofthe land or improvements erected thereon. (2) Buyer accepts the property as is and shall, at the buyer's expense, make all repairs, improvements, and abatement ofall current environmental issues and concerns to the property in accordance with the purchase agreement The buyer shall comply with all the requirements of law and with all Federal, State and local ordinances and regulations. (e) Costs and fees.-all costs and fees, including, but not limited to, appraisal fees, title insurance and surveys incidental to conveyance shall be borne by the Grantee. (f) Limitation on transfer.-in the event this property is not conveyed to Collier Development Company, Inc., as herein authorized within 12 months ofthe effective date ofthis act, at the discretion ofthe Secretary of General Services, the property shall be offered for sale through auction, sealed bid or request for proposal, under the terms of the act ofapril 9, 1929 (p.l.177, No.175), known as The Administrative Code of1929, and the conditions in Article XXN-A ofthe Administrative Code of1929. Amend Sec. 7, page 2, line 27, by striking out "7" and inserting: 3 WIll the Senate agree to the amendment? It was agreed to. WIthout objection, tbe bill, as amended, was passed over inits order at the request ofsenator BRIGHTBll.L. SB 1215 (Pr. No. 1548) - The Senate proceeded to consideration An Act amending TItle 53 (Municipalities Generally) ofthe Pennsylvania Consolidated Statutes, further providing for parking authority purposes and.powers, bonds and facility transfers and for municipal authority definitions, method ofincorporation, school district projects, pwposes and powers, bonds, bondholders, governing bodies, contracting. property, termination and conveyances; and providing for continuation in office. Will the Senate agree to the bill on third consideration? Senator BRIGHTBll.L offered the following amendment No. A4476: Amend Sec. 3 (Sec. 5608), page 14, line 19, by inserting brackets before and after "obligation" and inserting immediately thereafter: bond Amend Sec. 3 (Sec. 5608), page 14, lines 19 and 20, by inserting brackets before and after "full faith and credit" and inserting immediately thereafter: obligation WIll the Senate agree to the amendment? It was agreed to. WIthout objection, the bill, as amended, was passed over in its BILL ON THIRD CONSIDERATION AND FINAL PASSAGE lib 1219 (pr. No. 2849) - The Senate proceeded to consideration

9 2001 LEGISLATIVE JOURNAL - SENATE 1137 An Act amending the act of July 31, 1968 (p.l.80s, No.247), known as the Pennsylvania Municipalities Planning Code, further providing for planning commission, for zoning ordinance amendments, for certain findings, for hearings and for governing body's functions. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Bell Bodack Boscola Brightbill Conti Connan Costa Dent Earll Erickson Fumo Gerlach Greenleaf Helftick Holl Hughes JubeliJer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow YEA-sO Mowery Murphy Musto O'Pake Otie Piccola Punt Rhoades Robbins Scamati Schwartz Stack Stout NAY-o Tartaglione Thompson Tomlinson Wagner Waugh Wenger White. Donald White. Mary Jo Wdliams, Anthony H Williams. Coostance Womiak A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary ofthe Senate return said bill to the House ofrepresentatives with information that the Senate has passed the same with amendments in which concurrence of the House is requested. BILL OVER IN ORDER DB Without objection, the bill was passed over in its order atthe request ofsenator BRIGHTBILL. SECOND CONSIDERATION CALENDAR Bll..LS REREPORTED FROM COMMITIEE AS AMENDED OVER IN ORDER SB 369, DB 454 and SB WIthout objection, the bills were passed over in their order at the request of Senator BRIGHTBll..L. Bll..L REREPORTED FROM COMMfITEE AS AMENDED, ON SECOND CONSIDERATION AND AMENDED DB 1633 (Pr. No. 2981) - The Senate proceeded to consideration ofthe bill, entided: An Act amending the act ofjune 2, 1915 (pl.736, No.338), known as the Workers' Compensation Act, further defining "occupational disease." Will the Senate agree to the bill on second consideration? Senator THOMPSON offered the following amendment No. A4516: Amend Sec. 1(Sec. 108), page 2, line 30; page 3, line 1, bystriking out all ofsaid lines on said pages and inserting: within the meaning of this act but this presumption shall not be conclusive and may be rebutted. This presumption shall be rebutted if: Will the Senate agree to the amendment? It was agreed to. Will the Senate agree to the bill on second consideration, as amended? It was agreed to. Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 460, SB 462, lib 476, SB 587, SB 804, SB 1011 and SB Without objection, the bills were passed over in their BILLS ON SECOND CONSIDERATION SB 1017 (Pr. No. 1545) - The Senate proceeded to consideration An Act amending the act ofdecember 4, 1996 (pl.893, No.l41), known as the Volunteer Health Services Act, further defining "volunteer license"; further providing for volunteer status, for regulations and for exemptions; and providing for indemnity and defense for active practitioners and for optional liability coverage. Considered the second time and agreed to, Ordered, To be printed on the Calendar" for third consideration. SB 1074 cpr. No. 1335) -The Senate proceeded to consideration An Act amending Title 18 (Crimes and Offenses) ofthe Pennsylvania Consolidated Statutes, prohibiting certain use ofa laser pointer. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILL OVER IN ORDER SB Without objection, the bill was passed over in its Bll..L ON SECOND CONSIDERATION SB 1177 cpr. No. 1546) - The Senate proceeded to consideration

10 1138 LEGISLATIVE JOURNAL - SENATE DECEMBER 4,. An Act amending TItle 18 (Crimes and Offenses) oftbepennsylvania Consolidated Statutes, further providing for aggravated assault Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 1204 and HB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. SB 391 AND SB 413 TAKEN FROM THE TABLE Senator BRiGlITBILL. Mr. President, I move that Senate Bill No. 391, Printer's No. 404, and Senate Bill No. 413, Printer's No. 1102, be taken from the table and placed onthe Calendar. A voice vote having been taken, the question was determined in the affirmative. The PRESIDING OFFICER. The bills will be placed onthe Calendar. UNFINISHED BUSINESS CONGRATULATORY RESOLUTIONS The PRESIDING OFFICER laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Congratulations of the Senate were extended to the Wilson High School Girls' Water Polo Team by Senators Brightbill and O'Pake. Congratulations ofthe Senate were extended to Earl D. Wmters by Senator Conti. Congratulations ofthe Senate were extended to Mr. and Mrs. Ray Orme by Senator Corman. Congratulations of the Senate were extended to Greg R. Decker by Senator Dent. Congratulations of the Senate were extended to Andrew Young by Senator Gerlach. Congratulations ofthe Senate were extended to Michael W. Cassidy and to H. William Gift by Senator Greenleaf.. Congratulations ofthe Senate were extended to Mr. and Mrs. Whittier Leteer by Senator Helfrick. Congratulations of the Senate were extended to Timothy Asztalos, John David Engler and to Jeremy Branning by Senator Holl. Congratulations of the Senate were extended to David M. Petrun by Senator Kasunic. Congratulations ofthe Senate were extended to Richard G. Waechter by Senator Lemmond. Congratulations ofthe Senate were extended to Earle Robbins by Senator Madigan. Congratulations of the Senate were extended to James W. Schwoyer by Senator O'Pake. Congratulations ofthe Senate were extended to Frederick F. Rosato by Senator Thompson. Congratulations ofthe Senate were extended to Dr. Kevin J. McHugh and to ICT Group, Inc., of Langhorne, by Senator Tomlinson. Congratulations of the Senate were extended to Andrew S. Cannon by Senator Wenger. Congratulations of the Senate were extended to Geny McTamney by Senator C. Williams. Congratulations ofthe Senate were extended to Mary Sacolick by Senator Womiak. BILLS ON FIRST CONSIDERATION Senator WAUGH. Mr. President, I move that the Senate do now proceed to consideration ofall bills reported from committees for the first time at today's Session. The motion was agreed to by voice vote. The bills were as follows: SB 656, SB 965, SB 1001; SB 1075, SB 1115, DB 1333 and DB And said bills having been considered for the first time Ordered, To be printed on the Calendar for second co~ideration. BILL ON FIRST CONSIDERATION AND REREFERRED Senator BRIGHTBILL. Mr. President, I move that the Senate do now proceed to consideration ofthe bill reported from committee for the first time at today's Session. The motion was agreed to. The bill was as follows: SBI200. And said bill having been considered for the first time. Upon motion of Senator BRIGlITBILL, and agreed to by voice vote, the billjustconsidered was rereferred to the Committee on Appropriations. PETITIONS AND REMONSTRANCES The PRESIDING OFFICER. The Chair recognizes the gent1eman ftom Berks, Senator O'Pake. Senator O'PAKE. Madam President, I have just introduced Senate Bill No in response to a rising tide ofcomplaints from constituents upset about increasing school property taxes. Their bills are going up and they are tired ofhearing talk but no action from the legislature. Pennsylvanians want us to do something about the problem ofrapidly rising school property taxes. Over two-thirds ofthe costs for local public schools in Pennsylvania are now paid for by the homeowner and the property tax payer. That is not fair. Madam President, tax reform fililed in 1989 and the homestead exemption is justnot being used bylocal school districts. Senate Bill No imposes a deadline for action. I am pleased to note support from both sides ofthe aisle and welcome additional sponsors. The bill is now in the hands ofthe Secretary. We must do more than talk about making taxes filir. Too many homeowners are being forced to sell their homes or live in fear ofhaving to sell their homes because they cannot afford their school property tax bill. My proposal is sunple and not novel. It

11 2001 LEGISLATIVE JOURNAL - SENATE 1139 sets an absolute deadline to abolish school district property taxes inpennsylvania. After June 30t 2004t that is about 2 1/2 years from todayt school districts would lose all authority to levy or collect property taxes. I have introduced this b~ Madam. Presiden~ without proposing a new funding stream to purposely limit debate to the issue ofcreating a deadline. We must start somewhere. We should be able to agree at least on a reasonable time within which to resolve the inevitable disagreements over how to replace the pr0perty tax. This ist bythe wayt how the Michigan legislature overcame the inertia and reluctance to change theirs. It was the only way they were successful in ending their reliance on school property taxes. I am hopeful that the Pennsylvania General Assembly will be no less courageous and detennined to end that reliance on property taxes for schools here. Ifwe cannot yet agree on the big step ofhow to fund education more filirlyt I hope we can agree to the small step ofwhen to end the property tax. Something must be donet and it is past time to do it Thank yo~ Madam President The PRESIDING OFFICER. The Chair recognizes the gentleman from AlleghenYt Senator Costa. Senator COSTA. Madam Presiden~ I rise today to speak briefly on the issues raised in a letter written by the Secretary of Aging, Richard Browdiet addressed to my colleague from Allegheny Countyt Senator Tun Mwphy. 'Ibis letter was read into the record just prior to our ThaDksgiving break. In the lettert he criticizes the Senate DeIDocratic p_which we call FAIRx, stating that it would extend prescription drug benefits to more seniors. Secretary Browdie suggested there were a few flaws in our pl~ and this evening I would like to address some ofthose concerns raised by Secretary Browdie. Madam Presi_ in the first placet he claims that itwould be very difficult to put all ofthe State's pharmacy programs under one pliannacy benefit manager an~ Madam Presiden~ that indeed would be true if the pharmacy benefit managert as provisioned under the FAIRx propo~ would operate underthe traditiodal phandacy benefit manager's role. Butunder ourp_ the role ofthe PBM would be vastly different FAIRx would use the pbarmacy benefit mauager to collect dn1g pld'chasing data from all ofthe State affiliated prescription benefit plans for the purpose ofpooling market power and leveraging higher rebates nom drug manufidurers. These rebates in tmn would be used to help fund expansion of the PACE program and institute an at-the-counter discount for all seniorst regardless ofwhether they were income qualified ornot In devising F~ we recognized that State government employee8t who are oftentimes represented by separate bargaining unitst have different pbarmacy benefit plans as part of their health care benefits. In acknowledging this ~ we were careful to maintain the relationship that these plans have with the Commonwealth and not impact on their rights to design a health plan that is best for the members ofthe bargaining unit. Madam Presiden~ what critics fail to realize isthat ourplan and our pharmacy benefit manager idea would simply use the full weight ofthe State's affiliated drug purchasing market to negotiate the bestpossible rebates. It is that simple. Our plan does not in any way abrogate collective bargaining agreementst and I would like to repeat that. Ourplan does not in any way abrogate collective bargaining agreements. Secondlyt justbecause no other State has a discount program that seeks reimbursementst Secretary Browdie believes the discount aspect ofthe program is unconstitutional. We think otherwise. Pennsylvania has for years gotten rebates :from drug manufacturers who participate in the PACE pro~ based on the theory that ifyou want to do business with PACE subscriberst you have to be willing to participate in the form ofa rebate. That is the current status ofthe law today. Ifthat is the caset then exactly how does FAIRx differ? We believe it does no~ and indeed ifsecretary Browdie's argument is in fact so~ I guarantee you that the well-heeled lobby ofthe drug manufacturers would have already marched into court to argue their case against the PACE-mandated rebate as it currently exists. Secretary Browdie also emmeously iniplies that our discount program would not help those with severe needs very much. What is forgo~ howevert in this argument is that the discount program is coupled with a significant increase in the PACE income limitst resulting in more seniors with severe needs being served at a lower cost He also argues in his letter that the FAIRx proposal would financially hurt community pharmacies. We would argue that the opposite ~ in ~ true. Under the FAIRx propo~ we estimate that more than 400tOOO seniors without prescription drug coverage today would now be able to access drogs through pharmacies. The program would significantly increase the public's purchasing power and bring people who cannot afford to buy prescription drugs into the pharmaciest and those who do not fill prescriptiodst as well. A recent studyt Madam Presiden~ that was reported in the News Clips this moming, a study by Hanis Interactivet found that 22 percent ofpeople do not fill at least one ofthe prescriptions that are prescn"bed for them. We think those people would make their way to the local pharmacy and have that additional prescription filled. Community pharmacists and pharmacies woul~ in realityt experience market expansion and receive more than a fair reimbursement fee for handling these new customers. And finallyt Madam Presiden~ Secretary Browdiet in his lettert suggested that the looming Lottery Fund crisis is the real problemt and that an expansion ofeligibility would put an even greater strain onthe fimd itselt: Madam Presiden~ this would be true ifwe were laying out a plan that would put more ofa burden on our~ but we are not Instead, our plan is fully paid for by looking to the pharmaceutical companies to be part of the solution to the prescription drug crisis here in Pennsylvania. Not one dollar from either the Lottery Fund or the General Fund would be used for those purposes in the FAIRx program. Madam. Presi_ these are not new argumen~ nor is this the first time that we have hadto dispense with these erroneous critic~ and I am sure it will not be the last time that we will see these same taulty criticisms raised about our FAIRx proposal. Madam Presiden~ we believe it is a priority to help seniors with prescription drug bills. We have put together a plan that cuts costs, increases accesst limits bureaucratic gro~ and provides drog choice OptiODSt allt and I r~ all without putting any additional financial pressure on the Lottery Fund. Our plan pays for itselfwhile significantly expanding low-cost drug coverage for our seniors. We believe it is important for everyone across

12 1140 LEGISLATIVE JOURNAL - SENATE DECEMBER 4, ow' Commonwealth to ldlderstand how prescription drug benefits can extend to more seniors by compelling drug manufilcturers to be part ofow' solution. Madam President, I also want to point out that just this evening, looking through the News Clips, I also came across another article where individuals were critical of the FAIRx proposal, and I guess it was in yesterday's The Morning Call Online in an article entitl~ "What's ailing PACE?..." And there are a couple ofcomments I would like to respond to. The first one, which appears at the end ofthe article, says that GOP leaders have announced a plan, speaking ofcourse ofthe FAIRx plan, as unworkable, claiming it would limit access to some medications and require pharmacists to pay higher prices for medications. Madam President, I submit to you that is completely incorrect, completely inaccurate. We will not limit access to prescription drugs for seniors. We are not recommending a formulary. Secondly, the issue with respect to requiring pharmacists to pay a higher price for medication is not accurate. We will not be impacting in any way, shape, or form the amount ofmoney that pharmacists pay to the drug manufacturers for the drugs that they purchase. Both those comments are simply inaccurate. Madam President, it states that it is based on hopeful increases in negotiated rebates that could end up being far less than what is currently mandated by law. Again, completely inaccurate. The legislation that we proposed clearly states that the existing rebates level will, in fact, be the existing rebates level that would apply to the program that we offer with respect to the pooled purchasing power ofthe programs affiliated with the State. Simply another inaccuracy that we must deal with. Finally, Madam President, the State report was similarly critical ofthe Democratic plan concluding that it would lead to years oflitigation between employee unions and existing benefit managers because of broken contracts. The FAIRx proposal was specifically written to recognize existing contracts. It will not break colitracts. Let me be very clear. Itwill have no impact on existing contracts. Madam President, I thank you for the opportunity to be able to respond to Secretary Browdie's comments and to address articles that appeared in this evening's paper. Thank you, Madam President. The PRESIDING OFFICER. The Chair recognizes the gentleman from Allegheny, Senator Logan. Senator LOGAN. Madam President, this is one more day of just talking about how our seniors struggle every day to pay for their prescriptions. One more day that we will hear how they cut their prescriptions in halfor how they share their medications between husband and wife or how they just do not take them. Today seniors are still reeling from the high cost ofprescription drugs. It is what they think about and what hurts them on a daily basis. They tell us. They call us. They write us. So, again, as we have in the past couple weeks, I would like to share a few more examples of correspondences that I have received from senior citizens in my district who are pleading for help to pay for prescription dmgs. Madam President, a 76-year-old woman in West Miftlin asks: Why cannot Pennsylvania seniors buy prescriptions for prices comparable to Canada or Mexico? We need a break from exorbitant prices. Corporate greed is excessive. Madam President, a gentleman in Twtle Creek also writes: As a veteran ofthe Second World War who served 4 years in the Pacific, give me and my buddies a break. Finally, another couple from Wall points out that they have been getting the same pension since 1982, Madam President, since I ask, how can they possibly keep up with the skyrocketing costs ofprescription drugs? So, I am hopeful that the Members from the other side ofthe aisle are mindful of these struggles. We hear them every day. Senator Boscola had constituents from her district here so we could put the fiice to the issue, and we will continue to hear them until this body takes up this issue. Thank: you, Madam President. The PRESIDING OFFICER. The Chair recognizes the gentleman from Luzerne, Senator Musto. Senator MUSTO. Madam President, I would like to share some communications from my constituents which concern me very much. A couple in my district reports that they spend over $500 a month on medications. The couple wrote, everything we have saved for our retirement is going for medicine. A 78-year-old man says he is not taking his six prescriptions because he cannot afford to fill them. He and his 70-year-old wife are caring for their grandchildren because the parents are deceased. He writes: Thank you for trying to help us. It is unfortunate that we, Senate Democrats, are alone intrying to help. Let us act now..thank: you, Madam President The PRESIDING OFFICER. The Chair recognizes the gentlewoman from Philadelphia, Senator Schwartz. Senator SCHWARTZ. Madam President, I, too, would like to taikjust very briefly about some ofthe voices I have heard from my constituents about the issue ofprescription drug coverage. I have also received correspondence from several ofmy constituents, and I think that most ofus actually are very well aware of people who have come up to us in our districts as we travel around, and I would like to give just some ofthose examples of seniors who have said to me why are we not doing more, why are we not addressing this issue? A couple in Elkins Patkin my district in Montgomery County wrote to me that they overheard an elderly woman in a doctor's office tell her doctor that she had not filled the prescription be gave her and she would not be able to because she hadto make a choice between the prescription and buying her groceries. They wrote to me that they thought this was uncodscionable and could I not do something about it. Another woman wrote and said how terrible it was that people have to make a choice between, quote, "life-giving everyday things and health." She goes on to write: What a shame that those who already lack so many oflife's pleasures must add yet another struggle to an unbelievably difficultjomney. A little bit dramatic, but in tact she was really quite taken with how difficult this must be for seniors who are struggling with health issues, maybe, in fact, life-saving medications that they cannot take appropriately. Another woman ftom Montgomery County wrote that she had spent $250 in the last week for prescriptions, and had just turned down another drug that would have cost $100 because she did not have it.

13 2001 LEGISLATIVE JOURNAL - SENATE 1141 I remember traveling with a candidate just a couple years ago who said that while he was campaigning he stopped at a pharmacy to pick up some things, and while he was in the checkout line, the woman in front ofhim was asking the pharmacist about how much each ofthe prescriptions would cost and had to turn one back because it was $35 and she simply just did not have enough money in her pocket He actually told the story, and it was pretty emotional. He said he paid the $35 so she could buy that prescription. I was in my district office one evening when my staff had already gone home, and I picked up the phone and a woman said that she had just heard about the State providing some more money for the PACE program which was such an important, tenific program, and she asked how much ofan increase in in-. come would be allowed, and she was refening to the dollars that were used from the tobacco settlement to be able to cover the cost-of-living increases under Social Security and the pension COLAs. And so I told her that, and she said, is that all? Well, that does not help me at all. And she was right, and all I could do at that point was to basically sympathize with her that we have not done all that we can to help our seniors by expanding the PACE program, by doing so in a way that we think actually could help a great deal. We could be better negotiators, we should be better negotiators. We should seriously consider the FAIRx proposal, be able to take our ability on behalfofthe citizens ofpennsylvania, to use that negotiating power to get better prices for all ofthose beneficiaries under our State programs. I hope that we will take it seriously because I know that I am not alone, nor are just my Democratic colleagues, the ones likely to be coming upon seniors in our districts who are saying to us, what more can you do to help make sure that I can pay for the life-saving medications that we need to use every day? And I would finally just say to my colleagues to look at the Harrisburg Patriot-News report today, and I think one of my colleagues referred to it earlier, the Harris Interactive poll that indicated pretty high numbers, 22 percent ofamericans who did not fill prescriptions last year because ofthe cost, 14 percent who said in the last year that they had taken a medication in a smaller dose than prescnded in order to cut costs, and 16 percent who said that they had taken a drug less fi'equently to save money. We know that this is not just affecting low-income seniors, this is affecting seniors across many income levels who are finding that they are not taking their medications, they are not taking the full prescriptions, they are not taking it as prescribed because ofthe high cost. Itis threatening their health and their lives, and I hope that we can begin to take some action on how we can help to expand the PACE program beyond what we did last year. Thank you, Madam President The PRESIDING OFFICER. The Chair recognizes the gentlewoman from Northampton, Senator Boscola. senator BOSCOLA. Madam President, at the beginning of today's Session, I introduced two very special guests who were sitting in the Senate gallery. They were Jim and Ethel Edwards, and they came all the way to Harrisburg today because they are very concerned about the high cost ofprescription drugs. They came to join the fight against the outrageous profits ofthe big drug companies, and I am proud, I am very proud to be on their side' fighting for affordable prescription drugs now. Jim and Ethel live in their own home on Berks Street in Easton. Jim worked 29 years as a mechanic at the James River Paper Plant in Forks Township where Dixie Cups are made, and Ethel worked 30 years at I.T.T. Electronics in Palmer Township assembling tubes and transistors. They both worked hard for those golden years, and they worked hard to save for their retirement But today, Madam President, their savings are dwindling. It is hard to live on a monthly Social Security check, a small pension, and afford to pay the rising cost of13 different prescriptions, 13 different prescriptions. Jim and Ethel spend $576 a month to fill those prescriptions. Three years ago their medications cost $400 a month. They are also paying $260 a month for supplemental medigap insurance. Last year their medigap premium was halfof what they are paying now. Their real estate taxes are $2,725, and they pay about $2,500 a year in utilities. Now, even without adding in the other bills like phone, gas, insurance, vitamins, medical supplies, and food, it is hard to imagine stretching a monthly Social Security check of $2,063 any further. Jim and Ethel, they are real people who are really retired, living on a small fixed income and really struggling to afford the medications that they need. Madam President, I was honored to have Jim and Ethel here today in the Senate. They should remind all ofus that the senior citizens who need our help are not remote and they are not invisible. As sure as they have a name and a face, they are part of Pennsylvania's family, and there are hundreds of thousands of seniors just like Jim and Ethel out there who really do need our help. This issue should not just be about pills or profits or finally fixing a PACE program that should have been fixed years ago. This issue matters because the health of those senior citizens matter, justlike Jim and Ethel's health matters to me, because I care. Medicine should not be a luxury that our senior citizens cannot afford. Older Pennsylvanians should not have to cross their fingers and play "The Price is Right" at their local pharmacy. That is, without a doubt, the greatest insult and the greatest injustice to our greatest generation. Madam President, I know that there are two sides ofthis SeDate Chamber. One side is for the corporate interests and the special interests and the drug company CEOs who are bringing home big, filt $10 million paychecks and do not give a darn about Pennsylvania's senior citizens. But that is not the side that I choose to be on. I am going to keep on fighting for those seniors, for what they need and be on their side, fighting for more affordable medicine and prescriptions that they can afford to fill. Thank you, Madam President The PRESIDING OFFICER. The Chair ~ the gentleman from Philadelphia, Senator Hughes. Senator HUGHES. Madam President, in the end, it really comes to when is the Majority going to do something about this problem and stop providing lame excuses for no action at all? We have been talking about the problem for a long time,madam President This issue has been around a long time, a very long time, but there has been no action by the Majority on this issue, none at all, for over a year, maybe even almost 2 years. Madam

14 1142 LEGISLATIVE JOURNAL - SENATE DECEMBER 4, President, this issue has been up for public debate in this Chamber, both on this side and on the other side ofthe building, but the Majority, which now controls the entire process, they are in majority here in the Senate, they are in the majority in the House, they have two governors, the one who was here and left and the one who is here now, and in a few weeks they are going to have control ofthe State Supreme Court. So they control the whole deal. When is something going to be done, and when are we going to stop having excuses for no action? Every time the Senate Democrats raise the issue of prescription relief for senior citizens, Madam President, someone on the other side ofthe aisle offers an excuse for why it cannot be done, why it should not be done, or why it does not even need to be done. We have heard it all. We have heard these excuses so often, Madam President, that I am convinced the time and energy our Republican colleagues should have been spending on solving-the prescription crisis has instead been spent on creating excuses. When Senate Democrats first introduced our FAIRx plan more than a year ago, we heard the first ofwhat has to be a long and shameful list ofexcuses. And by the way, Madam President, I will say this: Ifyou do not like FAIRx, ifyou do not like the plan that we put on the table, put something ofyour own, put an idea ofyour own on the table to help our senior citizens have affordable drugs so that they can have a healthier life to live. If you do not like what we have, put up something. There is a saying in life and there is a saying in politics, it is: lead, follow, or get out ofthe way, but do something. We were elected as elected leaders ofour constituents. Each one ofus represents 250,000 people, and they pay us a handsome salary and they send us to Harrisburg, and they do not send to us Harrisburg not to do anything, they send us to Harrisburg to do something. And so far after 2 years, no action. The first excuse was let us wait for Washington to solve the problem. A month after we introduced a plan that would provide assistance to 80,000 seniors without using a dime oftaxpayer money, no taxpayer money at all, the Majority stood on this very floor and declared that Pennsylvania simply was incapable of solving the problem. However, Madam President, it was soon becoming clear that this wait-and-see excuse did not have much credibility, none at all So another excuse emerged, the erroneous claim that Pennsylvania would be financially penalized for acting responsibly and innovatively. Yes, we were penalized and said that we could not be innovative. Seems like the brain drain had already taken effect. According to the Majority, their fillse maintenance ofeffort excuse, we all remember that. OW' colleagues argued that expanding prescription benefits for older Pennsylvanians would actually cost State dollars in the long nm. Now this claim, which is false with regard to the proposed Bush plan, any State whose prescription benefits exceed the minimum levels would be able to use the Federal funds to augment existing State programs. So ifwe already have a very innovative, progressive, active, aggressive plan, whenever the Federal plan came into place, the one proposed by President Bush, another Member ofthe Republican Majority, whenever the Federal program came into place, that our situation, we would be able to use the Federal plan to augment the very special program we would already have in place. But where one excuse tails, there is always another to take its place. In this case, let us blame the Lottery. Now the- excuses start to somd a little desperate. Itis bard to understand how anyone can use the dwindling Lottery Fund to justify opposition to a plan that does not use any Lottery money. FAIRx does not use any Lottery money, does not use any taxpayers' money, Madam President. It uses the significant profits of the pharmaceutical industry to expand services and drugs for those who would need it the most. And like I said before, and like what we have already said, ifyou do not like FAIRx, ifyou do not like what we have put on the table, you come up with something. You put something on the table. But do something. Clearly, it is quantity and not quality that comts in the search for excuses. That is the only thing that explains how Senate Republicans can claim they have not had time to examine a bill that had been introduced more than 14 months earlier and which had been approved in committee more than 8 months earlier. So the FAIRx plan has been around for 14 months. Ithas been aromd, but the excuse was we have not had time to look at it. Now, September 11 occurred 2 1/2 months ago, so you had a year before that. Now after more than a year of hearings and meetings and studies, our colleagues in the majority admit they still do not quite understand the problem. That is because they truly believe there is no problem, Madam President That is all we can discern from the lack ofeffort. Another convenient excuse, just2 weeks ago our colleagues stood on this floor and told us that we are already doing enough for seniors, that seniors in Pennsylvania who are skipping meals and cutting their pills in halfor going without the medicine they need simply do not know how good they have ithere in Pennsylvania. Theyjust do not know how wonderful it is. And that is an insult, Madam President. Members ofthe Majority party have demonstrated how innovative and creative they can be, but it is with their excuses, it is with their inactions. Ifonly they would dedicate that energy towards solving the problem instead offinding ways to avoid the issue, perhaps Pennsylvania would be as great a place for seniors to live as Senate Republicans claim it is. Madam President, ifyou do not like FAIRx, do something. If you do not like our plan, ifyou do not like FAIRx, put a plan on the table that is going to make a difference in the quality oflife for the seniors ofthis Commonwealth whom we all represent Not just the folks on this side, we all represent these seniors who are struggling on a daily basis totry to figure out how to afford their prescription drugs. Imagine cutting a blood pressure pill in half. Imagine cutting some prescriptions that respond to mental health issues in halt: and only taking halfa dose. Imagine that. Think about that. 1binkabout the drugs that you take that we can afford because we are Senators and we have a wonderful plan that covers anything that we need. Itis the Cadillac ofcoverage, Madam President, the Mercedes Benz, Rolls Royce, Bentley of coverage that we have. But the people we represent have to cut their drugs in half. Imagine the drugs that you take, all my colleagues, ofhaving to cut the dosage in halfor skipping a dose, or you have to take it four times a day but you cannot afford that many pills so you take one in the morning and one in the late evening, or you hav~ to skip a day or skip every 2 days, or skip every 3 days before you can take that medicine again. Imagine

15 2001 LEGISLATIVE JOURNAL - SENATE 1143 that. Imagine drugs that are available for cancer, but only taking it every other day. The point is, ifyou do not like what we put on the table, do something. Put a plan up. Provide a mechanism ofrelieffor those people who deserve it the most. Lead, follow, orget out ofthe way. Thank you, Madam President The PRESIDING OmCER. The Chair recognizes the gentleman from Dauphin, Senator Piccola. Senator PICCOLA. Madam President, before we leave Petitions and Remonstrances, I would like to just briefly respond to some ofthe remarks that have been coming from the other side ofthe aisle. The Members on the other side ofthe aisle have been advocating for a prescription drug program, commonly known as FAIRx, and ithas been suggested in those remarks that there has beenno fair, reasonable, orrational examination ofthat program by the Senate ofpennsylvania. That is simply not the case. I think ifany fair-minded person looks at the record they willrecall thatthe bill that embodies FAIRx, and I do not recall the number ofthat bill at the present time, but that bill was reported out ofthe Committee on Aging and Youth a number of months ago and was on the floor ofthe Senate for consideration, but itwas found tobe wanting. It was wanting, I 1hink, from what I know ofthe subject, and I am far from an expert, but from what I know ofthe subject, it is simply offering false hope. And I made that allegation a couple of weeks ago before the Thanksgiving break, and itwas reported in the newspaper that at least one Member on the Democratic side ofthe aisle agreed with me and stated that it would be preferable to offer false hope to the people ofpennsylvania, to the senior citizens ofpennsylvania, rather than offering them no hope at all. Well, I would suggest, Madam President, that rather than offer false hope, rather than offer no hope at all, that we offer real hope, rational hope, hope that is realistic. The FAIRx plan is false hope. It is not a realistic plan. It is not rational. It is based on false premises. Itwill not be fimded in the manner in which it is projected to be funded. It will not work, pure and simple. Any additional paid prescription plan that this Commonwealth embarks upon, and I believe we should embark upon one, has to be paid for by someone, somehow, somewhere. And how we are going to arrive at those dollars, particularly under the economic conditions that we t8ce, is the big question that we have to consider. And how we develop a program that is most efficient, most effective, and gets 1hose dollars to the people who are most deserving and most in need is the big question. And to suggest that the Majority party, the Republican Party in this Senate, is not doing anything about that is simply not the case. Senator Murphy, the chairman ofthe Committee on Aging and Youth, Senator Mowery, the chairman ofthe Committee on Public Health and Welfare, have been, on a number ofoccasions, working onthese issues, attempting to come up with a planthat will meet the needs ofthe Commonwealth ofpennsylvania. The bottom line is, Madam President, that while we need to do more, and we acknowledge that more needs to be done, we do in Pennsylvania have something to be proud of. I think any fair-minded person will acknowledge that the PACE program and the PACENET program funded by our Lottery system is among the most, ifnot the most, generous paid prescription program of any State program in the country. Does it need to be better? Yes. But is itgood? It is outstanding, and itis among the most, ifnot the most, generous ofall the State programs in the country, and we should be proud ofthat. We should be proud ofthat and not cut that down, but work upon that platform to build a program. that better meets the needs ofthe citizens ofpennsylvania. I think that we are being colblterproducdve by raising this issue oftentimes in the manner in which we do, turning it into a partisan issue, blaming one side or the other. It is not and should not be such an issue, and I would hope we could continue to work together to build upon PACE and PACENET programs that are already serving many citizens of Pennsylvania very, very well. Thank you, Madam President The PRESIDING OFFICER. The Chair recognili:s the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Madam President, I am unaccustomed to saying that, although it does sound vety good. I had the opportunity oflistening in my office to the debate that has taken place with regard to the lack ofaction on this floor in dealing with the most important program that we can deal with, and that is the preservation oflives ofsenior citizens in Pennsylvania. Madam President, it is very, very unfortunate that today people in Pennsylvania must choose between buying prescription drugs and taking them on a daily basis and buying the very nutritious needs of their food to keep them going on a daily basis. You have to think that inthe year 2001, as we approach this vety festive season ofchristmas, and just a few days before the anniversary ofthe great action that took place against this country, Pearl Harbor, you would think, Madam President, that we would be doing more to protect those people who gave so much oftheir lives to protect us so we could be here today debating and demonstrating in public. Madam President, the General Assembly in Pennsylvania has turned its back on the greatest generation, the senior citizens ofpennsylvania, because all they have been provided with over the past year is excuses as to why a program cannot be implemented to 1ry to provide them with the necessities to pay for their prescription drugs. I am not going to go through what has already been stated about the number ofexcuses that have been listed here on the floor today, excuses that range from asking Congress to do what they should do, to saying that Pennsylvania has the best program to aid senior citizens in theirneed for prescription drugs. Well, Madam President, I think it is important that we tell the hundreds ofthousands ofpeople in Pennsylvania today who have been deprived of benefits from when the PACE program. was first instituted back in the 1980s that we have the best possible program to provide for benefits for senior citizens. Madam President, yes, I did say on the tloor ofthis Senate, or perhaps it was not on the floor ofthe Senate, because I believe the day that I wanted to say it, my microphone was cut offby the President pro tempore/lieutenant Govemor of Pennsylvania, because he said that I was, I guess, unfairly characterizing a Member ofthe Senate, or I was being very critical ofa Member ofthe Senate by making some statements that basically I was not even allowed to explain, but that was yesterday's newspaper, Madam President Today we are talking about the need for prescription drug relieffor senior citizens in Pennsylvania. And in

16 1144 LEGISLATIVE JOURNAL - SENATE DECEMBER 4, the news conference I had the next day, I stated that false hope was better than no hope, because the other side ofthe aisle in 1his Senate has given no hope to the senior citizens ofpennsylvania, and I would at least like to have senior citizens think that perl1aps there is some hope out there, even though some people would like to characterize it as false hope, that there is at least some hope for the people ofpennsylvania. I do not understand and I cannot totally comprehend the reason why the Republican Party in this State Senate will not give us the opportunity to enact and to implement a FAIRx program, because ifthe FAIRx program does not work, the PACE program is still in place. The only individuals who will have a problem with the FAIRx program not working are those on 1his side ofthe aisle who have given promise to the senior citizens that we believe d1at we do have hope to be able to help them in their plight Madam President, last week I had a senior citizen couple stop in my office, in my district office in Lackawanna County, offthe street. I did not know the couple. They stopped in because they wanted to ask me ifthere was something that I could do for them to be able to try to qualify for PACENET. They were both over the age of85. Their combined income was $22,000, ofwhich less than halfcame from Social Secmity, and the other halfcame from some investments that they were benefitting from that were put in their names because their children thought itwas important that their mother and filther try to live the best possible lifestyle that they could have. And, Madam President, they said to me that they were thinking about falsifying their application, and that by the time the Department ofaging would be able to realize that they did not show their earned income as part oftheir application, that one or the other ofthem probably would have already passed away. Andifthey do not get their prescription drugs now, paid for by the Commonwealth ofpennsylvania, that these pe0 ple are going to pass away. They do not have the liberty ofthe excuse that we must continue to study a program and simply go ahead with something else that is being put out by the Department ofaging. Madam President, we have a problem in Pennsylvania today. We are acutely.aware of what the needs are ofthe people of Pennsylvania. The senior citizens make up the greatest generation. They are responsible for what we are doing here right now. Why do you not at least give us a chance to tty to implement our program? And ifour program does not work, it is a blight on the 21 Members who represent the Democratic Party here in the Senate, notthe 29 Republicans who have stated that itis time for Congress to do it, that Pennsylvania is one ofthe five best States in the Union in terms ofprescription drugs, this is the best place to live in the nation for people in their golden years because of all we do, that we spend millions out ofthe General Fund for senior citizens to provide things like a presaiption drug plan, the best plan in the nation. We do not spend one nickel, we do not spend one nickel out ofthe General Fund to provide for prescription drugs. That money comes from the Lottery Fund Then it is the Lottery Food simply cannot be stressed further. We do not stress the Lottery Fund with FAIRx. And also that we need more studies. People in Pennsylvania cannot wait for more studies. We talked about this in May, we talked about it in June, we were not in Session in July and August, we talked about it in September, we talked about it in October, we talked about it in November, and now here we are in the first week ofdecember, when we are supposed to be in the giving season ofchristmas, and instead of giving things to the senior citizens that they so rightly deserve, once again our backs are being turned on the senior citizens of Pennsylvania. What is wrong with giving us the opportunity to implement a FAIRx program? Itdoes not cost the taxpayer one nickel, and it will give people some hope that perhaps those individuals who are not receiving benefits onthe PACE program because they have earned too much money, yet they do not earn enough money to be able to provide and make their own ends meet and provide for their own benefits, that we can give them some ray ~fhope that they can receive some prescription drugs. Yes, Madam President, this does go along with other things, such as antitrust in Pennsylvania. Because even though that may not be in the best interest ofsome people who represent individuals in this Chamber, itis in the best interest ofthe 12.3 million Pennsylvanians who live in the boundaries ofthis State because ofwhat is happening in price gouging with pharmaceutical companies. What are we afraid of! Why are we afraid to implement legislation to investigate pharmaceutical companies, ifin fact they are price gouging Pennsylvanians? Why do we leave that up to attorneys general in other States to come into Pennsylvania, because the citizenry in the other States was impacted by an action ofa pharmaceutical company right here in this great State ofours? Madam President, we are not going to allow the issue to go away. I stated in the newspaper when my microphone was shut ~~~~~~microp~~~~~m~~~ voice. I had no reason whatsoever to talk today, because itwas being very capably handled by other Members ofthis Democratic Caucus who are so strongly in favor ofaiding and helping the senior citizens they represent. All we are asking for, Madam President, is to give us the opportunity to implement our program, and ifitdoes not work, then you can stand on the floor of 1his Senate and you can admonish us all you want for giving mise hope or for giving no hope, but at least let us do something to show the people in this great State ofours that we have their best interests at heart and not the best interests ofspecial interests. Thank you, Madam President HOUSE MESSAGE SENATE BILLRETURNEDWITHAMENDMENTS The Clerk of the House of Representatives returned to the Senate SB 372, with the information the House has passed the same with amendments in which the concurrence ofthe Senate is requested. The PRESIDING OFFICER. Pursuant to Senate Rule ~ section 5, 1his bill will be referred to the Committee on Rules and Executive Nominations. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITTEE MEETINGS