COMMONWEALTH OF PENNSYLVANIA MONDAY, JUNE 7, 2004

Transcription

1 COMMONWEALTH OF PENNSYLVANIA MONDAY, JUNE 7, 2004 SESSION OF TH OF THE GENERAL ASSEMBLY No. 33 SENATE MONDAY, June 7, 2004 The Senate met at 2 p.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Catherine Baker Knoll) in the Chair. PRAYER The Chaplain, Monsignor Francis Hudak, of Our Lady of Mt. Carmel Church, Mt. Carmel, offered the following prayer: Let us pray. Lord God, Creator of heaven and earth, by Your almighty power You have called each and every one of us into being. In reverence, we stand in Your presence. We are of the work of Your hands, fashioned a little less than a god. With prayerful hearts, we join ours with that of King David who declared in the Book of Psalms: When I see the heavens, the work of Your fingers, and the moon and the stars that You set in place, what are humans that You are mindful of them; yet, You have made them a little less than a god. In our unique and awesome relationship with You, made in Your image and likeness, we offer You this day the praise and adoration due to the glory of Your name. As we begin to engage in the work You have entrusted to us, we ask Your wisdom, guidance, and help. Ever mindful of the inspired word spoken in the Book of Psalms: Unless the Lord does the building, they labor in vain who do the building. We place ourselves under Your guidance and spirit. As legislators elected to serve the common good of our brothers and sisters in our beloved Commonwealth, we look to You for guidance and direction in the midst of our weaknesses and deficiencies. Bless our deliberations, sustain our energy, give wisdom to our judgments, integrity to our decisions, trust in the good will of our colleagues, a willingness to be challenged, an openness to the truth, a desire to serve conscientiously, a spirit of humility not to be self-serving, the courage to be just, steadfast adherence to the truth, and a sense of dedication to those we serve. Give us a sense of vocation, that our work is not a job but a sacred trust given to us by those who place confidence in our loving concern. May we use our talents and gifts for the praising of Your name and the good of our fellow men and women. Give us a loving heart, especially toward the poor, the needy, the homeless, the uneducated, the marginalized, the unemployed, and the handicapped. Help us always to give respect to each other's person and treat each other with dignity. As we Americans commemorate the 60th anniversary of the Allied Forces' invasion in Normandy, and as we gratefully recall the supreme sacrifice of our service men and women who have fought so courageously to preserve our freedoms, and as we are ever mindful of those brave men and women presently engaged in combat with those who terrorize our well-being, we beseech You to bestow on them and their families the reward we could never hope to render. Finally, O Heavenly Father, fill us with the joy and confidence that belongs to those who trust in You, and with the wisdom of the psalmist, we embrace this trust. Happy the man who puts not his trust in princes but in the law of the Lord. We pray this through Christ our Lord. Amen. The PRESIDENT. The Chair thanks Monsignor Hudak, who is the guest today of Senator Gordner. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) JOURNAL APPROVED The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of May 18, The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator BRIGHTBILL, and agreed to by voice vote, further reading was dispensed with and the Journal was approved. COMMUNICATIONS FROM THE GOVERNOR APPROVAL OF SENATE BILL The PRESIDENT laid before the Senate communication in writing from His Excellency, the of the Commonwealth, advising that the following Senate Bill had been approved and signed by the : SB 876. NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations:

2 1730 LEGISLATIVE JOURNAL SENATE JUNE 7, MEMBER OF THE STATE ATHLETIC COMMISSION May 18, 2004 advice and consent of the Senate, Rudy N. Battle, 319 West Mt. Pleasant Avenue, Philadelphia, 19119, Philadelphia County, Fourth Senatorial District, for appointment as a member of the State Athletic Commission, to serve for a term of four years and until his successor is appointed and qualified, vice Andrew A. DePaolo, Pittsburgh, whose term expired. MEMBER OF THE STATE ATHLETIC COMMISSION May 18, 2004 advice and consent of the Senate, Charles P. Bednarik, R.D. 4, Box 30, Coopersburg, 18036, Lehigh County, Twenty-fourth Senatorial District, for reappointment as a member of the State Athletic Commission, to serve for a term of four years and until his successor is appointed and qualified. MEMBER OF THE BOARD OF TRUSTEES OF ALLENTOWN STATE HOSPITAL May 18,2004 advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Board of Trustees of Allentown State Hospital, to serve until the third Tuesday of January 2005, and until her successor is appointed and qualified, vice John Berrier, Allentown, resigned. MEMBER OF THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT BOARD May 18,2004 advice and consent of the Senate, Arthur J. Rooney, Esquire, 1300 Inverness Avenue, Pittsburgh 15217, Allegheny County, Forty-third Senatorial District, for appointment as a member of the Public School Employees' Retirement Board, to serve until January 1, 2007, and until his successor is appointed and qualified, vice Thomas Paese, Esquire, Harrisburg, whose term expired. MEMBER OF THE DELAWARE COUNTY May 18, 2004 advice and consent of the Senate, Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Delaware County Board of Assistance, to serve until December 31, 2004, and until her successor is appointed and qualified, vice Regina Killian, Drexel Hill, resigned. MEMBER OF THE BOARD OF PARDONS May 19,2004 advice and consent of the Senate, B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Board of Pardons, to serve until November 30, 2007, vice Gerard N. Massaro, Ph.D., Cranberry Township, resigned. May 20, 2004 advice and consent of the Senate, Esther R. Brown, MSN, RN, (Democrat), 113 Peters Court, Coatesville 19320, Chester County, Fortyfourth Senatorial District, for appointment as a member of the Chester County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Rose Middleton, Thomdale, resigned. May 20,2004

3 2004 LEGISLATIVE JOURNAL SENATE 1731 advice and consent of the Senate, Pamela G. Bryer, (Democrat), 447 Reservoir Road, West Chester 19380, Chester County, Nineteenth Senatorial District, for appointment as a member of the Chester County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Caroline A. Novak, declined appointment. May 20,2004 advice and consent of the Senate, Michelle M. Cohen, BCABA, (Democrat), 607 Leslie Lane, West Chester 19382, Chester County, Twentysixth Senatorial District, for appointment as a member of the Chester County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, add to complement. May 20,2004 advice and consent of the Senate, Susan Rzucidlo, (Democrat), 210 Laurel Heights Road, Landenberg 19350, Chester County, Ninth Senatorial District, for appointment as a member of the Chester County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, add to complement. May 21, 2004 advice and consent of the Senate, Michael S. Gill, (Democrat), 46 Lindenwood Drive, Exton 19341, Chester County, Nineteenth Senatorial District, for appointment as a member of the Chester County Board of Assistance, to serve until December 31, 2006, and until his successor is appointed and qualified, add to complement. May 21, 2004 advice and consent of the Senate, Karen Porter, (Democrat), 615 West Rosedale Avenue, West Chester 19382, Chester County, Nineteenth Senatorial District, for appointment as a member of the Chester County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, add to complement. May 21, 2004 advice and consent of the Senate, Judith Wilson, (Democrat), 1947 Black Rock Lane, Paoli 19301, Chester County, Nineteenth Senatorial District, for appointment as a member of the Chester County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, add to complement. MEMBER OF THE DELAWARE COUNTY May 21, 2004 advice and consent of the Senate, Catherine Judge Fizzano, (Republican), 153 East Trout Run Mews, Media 19063, Delaware County, Twenty-sixth Senatorial District, for appointment as a member of the Delaware County Board of Assistance, to serve until December 31, 2004, and until her successor is appointed and qualified, vice Regina Killian, Drexel Hill, resigned. MEMBER OF THE DELAWARE COUNTY May 21,2004 advice and consent of the Senate, Linda Osinupebi, (Democrat), 711 Yeadon Avenue, Yeadon 19050, Delaware County, Eighth Senatorial

4 1732 LEGISLATIVE JOURNAL SENATE JUNE 7, District, for appointment as a member of the Delaware County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, add to complement. MEMBER OF THE BOARD OF PARDONS May 25, 2004 advice and consent of the Senate, Russell Austin Walsh, Ph. D., 216 Meridan Street, Pittsburgh 15211, Allegheny County, Forty-second Senatorial District, for appointment as a member of the Board of Pardons, to serve until November 30, 2007, vice Gerard N. Massaro, Ph. D., Cranberry Township, resigned. MEMBER OF THE STATE TRANSPORTATION COMMISSION May 28, 2004 advice and consent of the Senate, B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the State Transportation Commission, to serve until March 17, 2005, and until his successor is appointed and qualified, but not longer than six months beyond that period, vice, Isadore A. Shrager, Philadelphia, deceased. MEMBER OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE June 1,2004 advice and consent of the Senate, Benjamin A. Martinez, 30 Oxford Drive, Lebanon 17042, Lebanon County, Forty-eighth Senatorial District, for reappointment as a member of the Pennsylvania Board of Probation and Parole, to serve for a term of six years or until his successor is appointed and qualified, but not longer than ninety days beyond that period. MEMBER OF THE STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE June 1,2004 advice and consent of the Senate, Pamela E. Toto, 7008 Lyons View Court, Murrysville 15668, Westmoreland County, Forty-first Senatorial District, for reappointment as a member of the State Board of Occupational Therapy Education and Licensure, to serve for a term of three years and until her successor is appointed and qualified. MEMBER OF THE STATE BOARD OF OSTEOPATHIC MEDICINE June 1,2004 advice and consent of the Senate, John F. Callahan, D.O., 328 Kennedy Boulevard, Pittston 18640, Luzeme County, Fourteenth Senatorial District, for appointment as a member of the State Board of Osteopathic Medicine, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Daniel Dowd, Jr., D.O., York, whose term expired. MEMBER OF THE STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS June 1,2004 advice and consent of the Senate, Helen O'Neill Morris, Ed.D., L.C.S.W, 821 Briarwood Lane, Camp Hill 17011, Cumberland County, Thirty-first Senatorial District, for reappointment as a member of the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, to serve for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION advice and consent of the Senate, B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Municipal Police Officers' Education and Training Commission, to serve until June 12, 2005, and until his successor is appointed and qualified, vice Robert S. Markle, Williamsport, resigned.

5 2004 LEGISLATIVE JOURNAL SENATE 1733 MEMBER OF THE STATE PLANNING BOARD advice and consent of the Senate, Harry Stokes, 22 Mummasburg Street, Gettysburg 17325, Adams County, Thirty-third Senatorial District, for appointment as a member of the State Planning Board, to serve for a term of four years and until his successor is appointed and qualified, vice Sylvia C. Wilson, Pittsburgh, whose term expired. MEMBER OF THE BOARD OF TRUSTEES OF THE WESTERN YOUTH DEVELOPMENT CENTERS June 4,2004 advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Board of Trustees of the Western Youth Development Centers, to serve until the third Tuesday of January 2005, and until his successor is appointed and qualified, vice Thomas Fee, New Castle, resigned. MEMBER OF THE BOARD OF TRUSTEES OF THE WESTERN YOUTH DEVELOPMENT CENTERS advice and consent of the Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Board of Trustees of the Western Youth Development Centers, to serve until the third Tuesday of January 2009, and until her successor is appointed and qualified, vice Joseph Fragle, Sharon, resigned. MEMBER OF THE BERKS COUNTY advice and consent of the Senate, Claudia P. Najera, (Democrat), 353 North Eighth Street, Reading 19606, Berks County, Eleventh Senatorial District, for appointment as a member of the Berks County Board of Assistance, to serve until December 31, 2004, and until her successor is appointed and qualified, vice Linda M. Matthews, Birdsboro, resigned. MEMBER OF THE BERKS COUNTY advice and consent of the Senate, Elaine Swavely, (Democrat), 316 Port Clinton Avenue, Hamburg 19526, Berks County, Twenty-ninth Senatorial District, for appointment as a member of the Berks County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice Carol Meredith, Leesport, resigned. MEMBER OF THE BUTLER COUNTY advice and consent of the Senate, B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Butler County Board of Assistance, to serve until December 31, 2006, and until his successor is appointed and qualified, vice Joseph Macurak, Chicora, resigned. MEMBER OF THE JUNIATA COUNTY advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Juniata County Board of Assistance, to serve until December 31, 2004, and until his successor is appointed and qualified, vice Willis E. Kauffinan, Mifflintown, resigned. MEMBER OF THE JUNIATA COUNTY

6 1734 LEGISLATIVE JOURNAL SENATE JUNE 7, advice and consent of the Senate, Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Juniata County Board of Assistance, to serve until December 31, 2006, and until her successor is appointed and qualified, vice Esther E. Rhine, Mifflintown, resigned. MEMBER OF THE JUNIATA COUNTY advice and consent of the Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Juniata County Board of Assistance, to serve until December 31, 2004, and until her successor is appointed and qualified, vice Fred N. Noble, Honey Grove, resigned. RECALL COMMUNICATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE WORKERS' COMPENSATION APPEAL BOARD May 18, 2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated May 17, 2004, for the appointment of Thomas Reiber, 1318 Perry Highway, Portersville 16051, Butler County, Twenty-first Senatorial District, as a member of the Workers' Compensation Appeal Board, to serve until the third Tuesday of January 2007, and until his successor is appointed and qualified, vice Joseph P. Santone, Erie, whose term expired. MEMBER OF THE DELAWARE COUNTY May 21, 2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated May 18, 2004, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, as a member of the Delaware County Board of Assistance, to serve until December 31, 2004, and until her successor is appointed and qualified, vice Regina Killian, Drexel Hill, resigned. MEMBER OF THE BOARD OF PARDONS May 25, 2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated May 19, 2004, for the appointment of B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, as a member of the Board of Pardons, to serve until November 30, 2007, vice Gerard N. Massaro, Ph.D., Cranberry Township, resigned. MEMBER OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated June 1, 2004, for the appointment of Benjamin A. Martinez, 30 Oxford Drive, Lebanon 17042, Lebanon County, Forty-eighth Senatorial District, as a member of the Pennsylvania Board of Probation and Parole, to serve for a term of six years or until his successor is appointed and qualified, but not longer than ninety days beyond that period. MEMBER OF THE BERKS COUNTY June 4,2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 16, 2004, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, as a member of the Berks County Board of Assistance, to serve until December 31, 2004, and until her successor is appointed and qualified, vice Linda M. Matthews, Birdsboro, resigned.

7 2004 LEGISLATIVE JOURNAL SENATE 1735 HOUSE MESSAGES HOUSE CONCURS IN SENATE BILL The Clerk of the House of Representatives returned to the Senate SB 913, with the information the House has passed the same without amendments. SENATE BILL RETURNED WITH AMENDMENTS The Clerk of the House of Representatives returned to the Senate SB 815, with the information the House has passed the same with amendments in which the concurrence of the Senate is requested. The PRESIDENT. Pursuant to Senate Rule XIV, section 5, this bill will be referred to the Committee on Rules and Executive Nominations. HOUSE NONCONCURS IN SENATE AMENDMENTS TO HOUSE BILL The Clerk of the House of Representatives informed the Senate that the House has nonconcurred in amendments made by the Senate to HB The PRESIDENT. The bill will be placed on the Calendar. HOUSE BILL FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following bill for concurrence, which was referred to the committee indicated: May 26, 2004 HB Committee on Transportation. BILLS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk: May Senators GORDNER, JUBELIRER, BRIGHTBILL, MADIGAN, WENGER, RHOADES, LEMMOND, ORIE, RAFFERTY, ERICKSON, PILEGGI, CORMAN, SCHWARTZ, C. WILLIAMS, PIPPY, EARLL, MOWERY, WAUGH, THOMPSON, BOSCOLA, PUNT and ROBBINS presented to the Chair SB 1102, entitled: An Act amending Titles 12 (Commerce and Trade) and 64 (Public Authorities and Quasi-Public Corporations) of the Pennsylvania Consolidated Statutes, providing for water supply and wastewater infrastructure capitalization; defining "investor-owned water or wastewater enterprise"; and providing for Water Supply and Wastewater Infrastructure Program. Which was committed to the Committee on ENVIRONMENTAL RESOURCES AND ENERGY, May 26, Senators GREENLEAF, LEMMOND, COSTA, EARLL, RAFFERTY, STACK, LOGAN, GORDNER, ERICKSON, PILEGGI, TOMLINSON and PIPPY presented to the Chair SB 1133, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for restitution. Which was committed to the Committee on JUDICIARY, May 26, Senators GREENLEAF, LEMMOND, M. WHITE, RAFFERTY, BOSCOLA, ERICKSON, WONDERLING, CORMAN, PIPPY and PILEGGI presented to the Chair SB 1134, entitled: An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for adoption. Which was committed to the Committee on JUDICIARY, May 26, Senators PICCOLA, ORIE, ERICKSON, LEMMOND, M. WHITE, DENT, RAFFERTY, WAUGH, PIPPY, MOWERY, WONDERLING, WENGER, PUNT, FUMO, PILEGGI, ROBBINS, C. WILLIAMS, THOMPSON and SCARNATI presented to the Chair SB 1136, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for apportionment of business income. Which was committed to the Committee on FINANCE, May 26,2004. Senators SCARNATI, BRIGHTBILL, ROBBINS, PICCOLA, EARLL, CORMAN, KASUNIC, WONDERLING, PUNT, D. WHITE, PIPPY, M. WHITE, WOZNIAK, ARMSTRONG, WENGER and KUKOVICH presented to the Chair SB 1139, entitled: An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, further providing for application of act. Wftich was committed to the Committee on LABOR AND INDUSTRY, May 26, Senators ORIE, WAGNER, CONTI, OTAKE, ARMSTRONG, MOWERY, PIPPY, ERICKSON, SCHWARTZ, WONDERLING, KASUNIC, RAFFERTY, KUKOVICH, KITCHEN, C. WILLIAMS and RHOADES presented to the Chair SB 1140, entitled: An Act amending the act of April 12,1951 (P.L.90, No.21), known as the Liquor Code, further providing for unlawful advertising. Wliich was committed to the Committee on LAW AND JUSTICE, May 26, 2004.

8 1736 LEGISLATIVE JOURNAL RNAL-- SENATE JUNE 7, Senators RHOADES, LEMMOND, PIPPY, KASUNIC, COSTA, CORMAN, LOGAN and WOZNIAK presented to the Chair SB 1141, entitled: An Act amend the act of April 9, 1929 (P.L. 177, No.175), known as The Administrative Code of 1929, providing for staffing levels and limitations on inmate capacity at State correctional institutions. Which was committed to the Committee on JUDICIARY, May 26, Senators ERICKSON, PIPPY, PILEGGI, WOZNIAK and CORMAN presented to the Chair SB 1142, entitled: An Act providing options, subject to voter approval, for political subdivisions to impose taxes on earned income and net profits and personal income. Which was committed to the Committee on FINANCE, May 26, LEGISLATIVE LEAVES The PRESIDENT. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Madam President, I request legislative leaves for Senator Fumo, Senator Stout, and Senator Tartaglione. The PRESIDENT. Senator Mellow requests legislative leaves for Senator Fumo, Senator Stout, and Senator Tartaglione. Without objection, the leaves will be granted. LEAVE OF ABSENCE Senator BRIGHTBILL asked and obtained a leave of absence for Senator TOMLINSON, for today's Session, for personal reasons. SENATE CONCURRENT RESOLUTION WEEKLY ADJOURNMENT Senator BRIGHTBILL offered the following resolution, which was read as follows: In the Senate, June 7,2004 RESOLVED, (the House of Representatives concurring), That when the Senate adjourns this week, it reconvene on Monday, June 14, 2004, unless sooner recalled by the President Pro Tempore of the Senate; and be it further RESOLVED, That when the House of Representatives adjourns this week, it reconvene on Monday, June 14, 2004, unless sooner recalled by the Speaker of the House of Representatives. On the question, Will the Senate adopt the resolution? The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz: Armstrong Boscola Brightbill Hughes Jubelirer Kasunic YEA-49 Orie Piccola Pileggi Thompson Wagner Waugh Conti Corman Costa Dent Earll Erickson Ferlo Fumo Gordner Greenleaf Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow Mowery Musto O'Pake Pippy Punt Rafferty Rhoades Robbins Scamati Schwartz Stack Stout Tartaglione NAY-0 Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A majority of the Senators having voted "aye," the question was determined in the aflfirmative. Ordered, That the Secretary of the Senate present the same to the House of Representatives for concurrence. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR HAROLD F. MOWERY PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Cumberland, Senator Mowery. Senator MOWERY. Madam President, I have the pleasure of introducing David Joseph Smith IV of Carlisle, his father, David Joseph Smith III, his mother, Anita, and a close friend of the family, Jim Mead. David is the recipient of the Americanism Award sponsored by American Veterans. Following the theme "What America Means to Me," David placed first regionally and second statewide. His thoughts on what this country means to him are truly worthy of praise, particularly at this time when there are many questions being asked about our country and what it stands for. I would appreciate it very much if you would join me in giving a warm Senate welcome to David. The PRESIDENT. Would David Joseph Smith IV please rise so we can give you and your family a warm welcome. (Applause.) GUEST OF SENATOR DAVID J. BRIGHTBILL PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I am pleased to have on the floor today a guest Page, Kevin Meinert, who lives in Palmyra with his parents, Lt. Colonel Robert and Pamela Meinert. Kevin is 13 years old, a seventh grade student at Saint Joan of Arc School in Hershey, and most recently participated in the MATHCOUNTS program, which is a competition among schools, and as a "mathlete" at the regional competition at the Penn State Harrisburg Campus. So please give Kevin our traditional welcome. The PRESIDENT. Would Kevin Meinert please rise so we can give you a nice welcome. (Applause.) RECESS The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill.

9 2004 LEGISLATIVE JOURNAL SENATE 1737 Senator BRIGHTBILL. Madam President, at this time I ask for a recess of the Senate for the purpose of a Republican caucus. It will begin immediately, and I judge it will last until approximately 4:30 p.m. The PRESIDENT. Senator Brightbill requests a recess for a Republican caucus. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Madam President, I request that the Democratic Members report to our caucus room upon the recess. The PRESIDENT. Senator Mellow requests a Democratic Caucus. Without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. CONSIDERATION OF CALENDAR THIRD CONSIDERATION CALENDAR BILLS OVER IN ORDER SB 276, HB 304 and HB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILL AMENDED HB 565 (Pr. No. 667) - The Senate proceeded to An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, further providing for the safety zone for hunters using bows and arrows or crossbows. On the question, Will the Senate agree to the bill on third consideration? Senator BRIGHTBILL offered the following amendment No. A2026: Amend Sec. 2, page 3, line 1, by striking out "2003" and inserting: 2004 Amend Sec. 3, page 3, line 3, by striking out "2003" and inserting: 2004 On the question, Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator BRIGHTBILL. BILLS OVER IN ORDER HB 659, SB 668, SB 871, SB 930, SB 1039, SB 1056, HB 1809 and HB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE HB 2083 (Pr. No. 2773) - The Senate proceeded to An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for child custody jurisdiction and enforcement. Considered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Boscola Brightbill Conti Corman Costa Dent Earll Erickson Ferlo Fumo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow Mowery Musto O'Pake YEA-49 Orie Piccola Pileggi Pippy Punt Rafiferty Rhoades Robbins Scamati Schwartz Stack Stout Tartaglione NAY-0 Thompson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same without amendments. BILL OVER IN ORDER HB 2330 ~ Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL. SECOND CONSIDERATION CALENDAR BILLS REREFERRED SB 136 (Pr. No. 1641) - The Senate proceeded to An Act providing for the licensure of assisted living residences and services; and conferring powers and duties on the Department of Public Welfare and the Department of Aging. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations.

10 1738 LEGISLATIVE JOURNAL SENATE JUNE 7, SB 670 (Pr. No. 1640) - The Senate proceeded to An Act amending the act of March 4, 1971 (RL.6, No.2), known as the Tax Reform Code of 1971, further providing for time limitations, for limitation on credits and for termination. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL OVER IN ORDER SB 735 ~ Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL. BILL REREFERRED HB 744 (Pr. No. 3874) - The Senate proceeded to An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, further providing for powers and duties of the State Board of Education; establishing the Board of Community Colleges; providing for the members, structure, powers and duties and chief executive officer of the Board of Community Colleges, for a Council of Presidents, for appropriations and allocation of funds and for audits; and further providing for powers and duties of boards of trustees, for tuition and for financial program and reimbursement of payments. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILLS OVER IN ORDER SB 921 and SB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILL ON SECOND CONSIDERATION SB 1052 (Pr. No. 1464) -- The Senate proceeded to An Act authorizing and directing the Department of General Services, with the approval of the, to grant and convey to Erie-Western Pennsylvania Port Authority certain lands situate in the City of Erie, County of Erie. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 1100, SB 1107, SB 1108 and SB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILLS REREFERRED HB 1152 (Pr. No. 1365) - The Senate proceeded to An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for contributions for juvenile diabetes cure research. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. HB 1211 (Pr. No. 2632) - The Senate proceeded to An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, providing for personal needs allowance deduction for medical assistance eligible persons in nursing facilities. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. HB 1535 (Pr. No. 3872) - The Senate proceeded to An Act amending the act of December 31, 1965 (P.L. 1257, No.511), known as The Local Tax Enabling Act, further providing for administrative personnel for the collection of taxes, for earned income taxes and for collection of taxes by suit; and providing for costs of collection of delinquent per capita, occupation, occupational privilege and earned income taxes and for legal representation. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL ON SECOND CONSIDERATION HB 1972 (Pr. No. 2571) - The Senate proceeded to An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, further providing for the offense of resisting or interfering with an officer; and prescribing penalties. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER HB 2042 and HB Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. DISCHARGE PETITION The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows:

11 2004 LEGISLATIVE JOURNAL SENATE 1739 A PETITION June 7, 2004 To place before the Senate the nomination of Herb Vederman as a member of the Pennsylvania Economic Development Financing Authority. TO: The Presiding Officer of the Senate: WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Herb Vederman, Haverford, Pennsylvania, as a member of the Pennsylvania Economic Development Financing Authority, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert D Robbins David J. Brightbill Jeffrey E. Piccola Noah W. Wenger Robert C. Jubelirer The PRESIDENT. The communication will be laid on the table. COMMUNICATIONS FROM THE GOVERNOR RECALL COMMUNICATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE PENNSYLVANIA FISH AND BOAT COMMISSION June 7, 2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 16, 2004, for the appointment of B.J. Clark, (District 4), 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, as a member of the Pennsylvania Fish and Boat Commission, to serve until June 4, 2009, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Rozell A. Stidd, Huntingdon, resigned. MEMBER OF THE MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION June 7,2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 11, 2004, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, as a member of the Municipal Police Officers' Education and Training Commission, to serve for a term of three years and until her successor is appointed and qualified, vice Timothy Fulkerson, New Castle, resigned. MEMBER OF THE STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS of the Commonwealth of Pennsylvania June 7, 2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 15, 2004, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, as a member of the State Registration Board for Professional Engineers, Land Surveyors and Geologists, to serve for a term of six years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice David Widmer, Rochester, whose term expired. MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING June 7,2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 16, 2004, for the appointment of Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the State Board of Examiners in Speech- Language and Hearing, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Carol St. George, D.O., York, whose term expired. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS June 7, 2004

12 1740 LEGISLATIVE JOURNAL SENATE JUNE 7, In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 12, 2004, for the appointment of Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Lou Bizzarro, Erie, whose term expired. MEMBER OF THE YORK COUNTY June 7,2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 16, 2004, for the appointment of Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, as a member of the York County Board of Assistance, to serve until December 31, 2005, and until his successor is appointed and qualified, vice David Hawk, M.D., York, resigned. CORRECTION TO NOMINATION LAID ON THE TABLE The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the of the Commonwealth, which was read as follows laid on the table: MEMBER OF THE PENNSYLVANIA ECONOMIC DEVELOPMENT FINANCING AUTHORITY June 7, 2004 Please note the nomination dated November 10, 2003, [sic] for the appointment of Mark Schneider, 7522 Graymore Road, Pittsburgh 15221, Allegheny County, Forty-third Senatorial District, for appointment as a member of the Pennsylvania Economic Development Financing Authority, to serve for a term of four years and until his successor is appointed and qualified, vice Sandor Yelen, Kingston, whose term expired, should be corrected to read: Mark Schneider, 7522 Graymore Road, Pittsburgh 15221, Allegheny County, Forty-third Senatorial District, for appointment as a member of the Pennsylvania Economic Development Financing Authority, to serve until October 11, 2004, [sic] and his successor is appointed and qualified, vice Teri J. MacBride. Lewisburg, resigned. UNFINISHED BUSINESS BILL SIGNED The PRESIDENT (Lieutenant Catherine Baker Knoll) in the presence of the Senate signed the following bill: SB 913. CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Congratulations of the Senate were extended to Samuel R. Martino by Senator Armstrong. Congratulations of the Senate were extended to Robert J. Funk and to Michael Guerrisi by Senator Brightbill. Congratulations of the Senate were extended to Nathan Bernard Hammel and to Sean Brian Killeen by Senator Dent. Congratulations of the Senate were extended to Fazil Rastam by Senator Erickson. Congratulations of the Senate were extended to Mr. and Mrs. Joseph Schott, Mr. and Mrs. Frank Maciejewski, Barry J. Schaub, Jr., Mary Ann Baranoski, Matthew Ryan Gerdy, Daryl Richard Marion and to James B. Ryan by Senator Gordner. Congratulations of the Senate were extended to Catherine Raudenbush by Senator Greenleaf. Congratulations of the Senate were extended to the Reverend Dr. William Staton, Jr., by Senator Hughes. Congratulations of the Senate were extended to Michael Bucheit by Senator Kukovich. Congratulations of the Senate were extended to Mr. and Mrs. Domenic L. Russo by Senator Logan. Congratulations of the Senate were extended to Benjamin T. Witt by Senator Mowery. Congratulations of the Senate were extended to Robert Daniel Stoffa by Senator Musto. Congratulations of the Senate were extended to the Reverend Thomas F. Irwin, Jr., by Senator OTake. Congratulations of the Senate were extended to Bruno Sammartino by Senator Orie. Congratulations of the Senate were extended to Larry E. Oliver, Donald Martino, Patti Estheimer, Jack Alwine and to Eleanor Ropos by Senator Piccola. Congratulations of the Senate were extended to Stephanie Yeager by Senator Pileggi. Congratulations of the Senate were extended to Bradley Scott Smith by Senator Rafferty. Congratulations of the Senate were extended to Travis L. Fritz, Estelle A. Nester and to Nick Kerlin by Senator Rhoades. Congratulations of the Senate were extended to Louis F. Palumbo by Senator Robbins. Congratulations of the Senate were extended to Evelyn Warner by Senator Schwartz. Congratulations of the Senate were extended to William A. Sydnor by Senators Schwartz and Greenleaf. Congratulations of the Senate were extended to Mr. and Mrs. Paul Ross, Mr. and Mrs. Robert Z. Burchesky, Mr. and Mrs. Bertram Zanaglio, Mr. and Mrs. Alvin W. Spence, Mr. and Mrs.

13 2004 LEGISLATIVE JOURNAL SENATE 1741 Robert B. Hunt, Mr. and Mrs. John Lemmon and to Mr. and Mrs. Scott McNeely by Senator Stout. Congratulations of the Senate were extended to Thomas Frederick by Senator Tomlinson. Congratulations of the Senate were extended to Timothy P. Logue, Ronald A. Ravenstahl, David G. Pellegrini and to Vitangela Leone by Senator Wagner. Congratulations of the Senate were extended to Mr. and Mrs. Paul Little, Helen M. Plouse and to Sara Reesman by Senator D. White. Congratulations of the Senate were extended to John Sharrar by Senators M.J. White and Rhoades. Congratulations of the Senate were extended to Dr. and Mrs. John T. Groce, Sr., by Senator A.H. Williams. Congratulations of the Senate were extended to Mr. and Mrs. Frank Vinson, Mr. and Mrs. Harold Adams, Ruth Naomi Raub Leamon, Carl J. Brown and to Stephen Heimbach by Senator Wonderling. The motion was agreed to by voice vote. The Senate adjourned at 5:14 p.m., Eastern Daylight Saving Time. CONDOLENCE RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Condolences of the Senate were extended to the family of the late Jeremy Richard Horton by Senator Earll. Condolences of the Senate were extended to the family of the late Ann Elizabeth Brown by Senator Hughes. POSTHUMOUS CITATION The PRESIDENT laid before the Senate the following citation, which was read, considered, and adopted by voice vote: A posthumous citation honoring the late Conrad Richter was extended to the family by Senator Rhoades. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITTEE MEETINGS TUESDAY, JUNE :30 A.M. FINANCE (public hearing on Keystone Room 8E-A Opportunity Improvement Zone, Philly) East Wing TUESDAY JUNE :00 A.M. ENVIRONMENTAL RESOURCES AND Senate Maj. ENERGY (public hearing on Growing Caucus Rm. Greener Bond Act and Quality of Life Initiative) ADJOURNMENT The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I move that the Senate do now adjourn until Tuesday, June 8, 2004, at 1 p.m., Eastern Daylight Saving Time.