COMMONWEALTH OF PENNSYLVANIA ^gtsfettfre ^Jmmml MONDAY, MARCH 15, 2004 SESSION OF 2004 188TH OF THE GENERAL ASSEMBLY No. 14 SENATE MONDAY, March 15, 2004 The Senate met at 2 p.m., Eastern Standard Time. The PRESIDENT (Lieutenant Catherine Baker Knoll) in the Chair. PRAYER The following prayer was offered by the Secretary of the Senate, Hon. MARK R. CORRIGAN: Let us pray. Heavenly Father, we pause this afternoon to seek Your blessing and to commend our State to Your merciful care, that we may follow Your guidance and live in peace and prosperity. Grant to these Senators and all in authority in our State wisdom and strength to know and to do Your holy will. Fill them with the love of truth, honesty, and righteousness. Make them always remember that they are Your servants to Your greater glory in heaven and on earth. Amen. 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 loumal of the preceding Session of March 10, 2004. 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 NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE PENNSYLVANIA HUMAN RELATIONS COMMISSION March 10,2004 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, J. Whyatt Mondesire, 6926 McCallum Street, Philadelphia 19119, Philadelphia County, Fourth Senatorial District, for appointment as a member of the Pennsylvania Human Relations Commission, to serve for a term of five years or until his successor is appointed and qualified, vice Joseph J. Borgia, Erie, whose term expired. MEMBER OF THE STATE BOARD OF VETERINARY MEDICINE March 10, 2004 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, James A. Orsini, DVM, P.O. Box 299, Unionville 19375, Chester County, Ninth Senatorial District, for reappointment as a member of the State Board of Veterinary Medicine, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period. DISTRICT JUSTICE March 10, 2004 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Frank Phillip Mills, Sr., P.O. Box 504, North Bend 17760, Clinton County, Thirty-fifth Senatorial District, for appointment as District Justice, in and for the County of Clinton, Magisterial District 25-3-03, to serve until the first Monday of January 2006, vice Kevin R. Dwyer, resigned. DISTRICT JUSTICE March 10, 2004
1474 LEGISLATIVE JOURNAL SENATE MARCH 15, In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Elizabeth Anne McHugh, Esquire, 7868 Spring Avenue, Elkins Park 19027, Montgomery County, Fourth Senatorial District, for appointment as District Justice, in and for the County of Montgomery, Magisterial District 38-1-02, to serve until the first Monday of January 2006, vice Michael F. McHugh, deceased. MEMBER OF THE MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION March 11,2004 In conformity with law, I have the honor hereby to nominate for the 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 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 BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS March 12, 2004 In conformity with law, I have the honor hereby to nominate for the 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 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. RECALL COMMUNICATION REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the of the Commonwealth, which was read as follows and referred to the Committee on Rules and Executive Nominations: DISTRICT JUSTICE March 10, 2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 5, 2004, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, as District Justice, in and for the County of Clinton, Magisterial District 25-3-03, to serve until thefirstmonday of January 2006, vice Kevin R. Dwyer, resigned. I respectfully request the return to me of the official message of nomination on the premises. HOUSE MESSAGES HOUSE BILLS FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committee indicated: March 15,2004 HB 1860 and 1861 ~ Committee on Law and Justice. 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: March 15,2004 Senators ERICKSON, CONTI, WAUGH, ORIE, KUKOVICH, SCHWARTZ, PICCOLA, MUSTO, EARLL, PIPPY, C. WILLIAMS, BOSCOLA, RAFFERTY, M. WHITE and STACK presented to the Chair SB 1030, entitled: An Act providing for the sale of electric energy generated from renewable and environmentally beneficial sources, for the acquisition of electric energy generated from renewable and environmentally beneficial sources by electric distribution and supply companies and for the powers and duties of the Pennsylvania Public Utility Commission; and imposing penalties. Which was committed to the Committee on ENVIRONMENTAL RESOURCES AND ENERGY, March 15, 2004. Senators ERICKSON, C. WILLIAMS, THOMPSON, WAGNER, ORIE, RAFFERTY, PILEGGI, SCHWARTZ, COSTA, LEMMOND, WAUGH, WONDERLING, MOWERY, EARLL, GREENLEAF, CORMAN, TOMLINSON, PICCOLA, PIPPY, SCARNATI and STACK presented to the Chair SB 1031, entitled: An Act amending the act of March 10, 1949 (P.L.30, No. 14), known as the Public School Code of 1949, further providing for cost of tuition and maintenance of certain exceptional children in approved institutions. Which was committed to the Committee on EDUCATION, March 15,2004. Senators GREENLEAF, LEMMOND, O'PAKE, BOSCOLA, EARLL, RAFFERTY, PILEGGI and C. WILLIAMS presented to the Chair SB 1032, entitled:
2004 LEGISLATIVE JOURNAL SENATE 1475 An Act amending Title 54 (Names) of the Pennsylvania Consolidated Statutes, consolidating provisions on judicial procedure for name changes; and making a repeal related to judicial procedure for name changes. Which was committed to the Committee on JUDICIARY, March 15,2004. RESOLUTIONS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Resolutions numbered, entitled, and referred as follows, which were read by the Clerk: March 15,2004 Senators ARMSTRONG, WAUGH, MOWERY, FERLO, TARTAGLIONE, WAGNER, EARLL, CONTI, LAVALLE, COSTA, M. WHITE, PIPPY, RAFFERTY and ERICKSON presented to the Chair SR 205, entitled: A Resolution urging the, the Pennsylvania Historical and Museum Commission, the Judiciary and all other agencies and authorities in this Commonwealth to exercise their power and authorities accordingly to preserve the historic site known as Camp Security, located in Springettsbury Township, York County. Which was committed to the Committee on STATE GOVERNMENT, March 15, 2004. Senators WAUGH, WENGER, MADIGAN, BRIGHTBILL, MELLOW, GORDNER, PUNT, EARLL, FERLO, COSTA, PILEGGI, ORIE, DENT, THOMPSON, WAGNER, MOWERY, ARMSTRONG, TARTAGLIONE, M. WHITE, TOMLINSON, D. WHITE, C. WILLIAMS, CORMAN, PICCOLA, SCARNATI, PIPPY, LOGAN, RAFFERTY, O'PAKE, SCHWARTZ, KITCHEN, STACK, CONTI, LEMMOND, RHOADES, ERICKSON, WOZNIAK, GREENLEAF, STOUT, ROBBINS, WONDERLING and KASUNIC presented to the Chair SR 206, entitled: A Resolution designating April 13, 2004, as "Pennsylvania Farm Bureau Day" and congratulating Pennsylvania Farm Bureau members for their contribution to this Commonwealth and to this Commonwealth's agricultural industry. Which was committed to the Committee on AGRICULTURE AND RURAL AFFAIRS, March 15, 2004. Senators CORMAN, JUBELIRER, ARMSTRONG, BOSCOLA, BRIGHTBILL, CONTI, COSTA, DENT, EARLL, ERICKSON, FERLO, FUMO, GORDNER, GREENLEAF, HUGHES, KASUNIC, KITCHEN, KUKOVICH, LAVALLE, LEMMOND, LOGAN, MADIGAN, MELLOW, MOWERY, MUSTO, O'PAKE, ORIE, PICCOLA, PILEGGI, PIPPY, PUNT, RAFFERTY, RHOADES, ROBBINS, SCARNATI, SCHWARTZ, STACK, STOUT, TARTAGLIONE, THOMPSON, TOMLINSON, WAGNER, WAUGH, WENGER, D. WHITE, M. WHITE, A. WILLIAMS, C. WILLIAMS, WONDERLING and WOZNIAK presented to the Chair SR 209, entitled: A Resolution congratulating The Pennsylvania State University on the commencement of its sesquicentennial celebration and reaffirming its designation as Pennsylvania's land-grant university. Which was committed to the Committee on EDUCATION, March 15, 2004. Senators DENT, KUKOVICH, GREENLEAF, MUSTO, ERICKSON, STOUT, CONTI, LOGAN, RAFFERTY, WAGNER, PIPPY, KITCHEN, ORIE, COSTA, LEMMOND, TARTAGLIONE, WOZNIAK, O'PAKE, SCHWARTZ, BOSCOLA, STACK, KASUNIC, FERLO, LAVALLE and THOMPSON presented to the Chair SR 210, entitled: A Resolution urging the Congress of the United States to enact legislation to ensure that the H-1B and L-l visa programs are utilized for the purpose for which they were intended and not to displace American workers with lower-cost foreign visa holders and to enact legislation permanently prohibiting the performance of Federal contracts offshore. Which was committed to the Committee on LABOR AND INDUSTRY, March 15, 2004. Senators DENT, KUKOVICH, GREENLEAF, MUSTO, ERICKSON, STOUT, CONTI, LOGAN, RAFFERTY, WAGNER, PIPPY, KITCHEN, ORIE, COSTA, LEMMOND, TARTAGLIONE, GORDNER, WOZNIAK, O'PAKE, SCHWARTZ, BOSCOLA, STACK, KASUNIC, FERLO and LAVALLE presented to the Chair SR 211, entitled: A Resolution directing the Joint State Government Commission to study the economic impact of offshore outsourcing on Pennsylvania's service sector, particularly as it pertains to the area of information technology jobs. Which was committed to the Committee on LABOR AND INDUSTRY, March 15,2004. GENERAL COMMUNICATIONS REPORT ON TAX-EXEMPT BOND ALLOCATION FOR 2003 The PRESIDENT laid before the Senate the following conummication, which was read by the Clerk as follows: COMMONWEALTH OF PENNSYLVANIA Department of Community and Economic Development Harrisburg, PA 17120 Mr. Mark R. Corrigan, Secretary of Senate Office of Secretary of Senate 462 Main Capitol Building Harrisburg, PA 17120 Dear Mr. Corrigan: February 25, 2004 As required by the Job Enhancement Act of 1996, (RL. 434, No 67), Act 113, Section 2706, as amended, I am providing a report on taxexempt bond allocation for the year 2003. This report includes: 1. a summary of volume cap allocation for small issue, exempt facility, housing, and education bonds; and 2. a list of small issue and exempt facility allocations including the issuing authority, project name, allocation amount, and estimated jobs for each project.
1476 LEGISLATIVE JOURNAL SENATE MARCH 15, If you have any questions concerning this report, please contact my office. Sincerely, DENNIS YABLONSKY Secretary The PRESIDENT. This report will be filed in the Library. AUDITOR GENERAL'S CERTIFICATE The PRESIDENT laid before the Senate the following conummication, which was read by the Clerk as follows: COMMONWEALTH OF PENNSYLVANIA Office of the Auditor General Harrisburg, PA 17120-0018 The Honorable Robert C. Jubelirer President Pro Tempore Senate of Pennsylvania 292 Main Capitol Building Harrisburg, Pennsylvania 17120 Dear Senator Jubelirer: March 1, 2004 In accordance with the provisions of Article VIII of the Constitution of the Commonwealth of Pennsylvania and Section 1604-B of The Fiscal Code, as amended, the Auditor General is required on or before each March 1, and September 1 to make certifications to the and the General Assembly of: the average annual tax revenues deposited in all funds in the five preceding fiscal years; the amount of outstanding net debt as of the end of the preceding fiscal year; the amount of net debt as of the certification date; the difference between the limitation upon all net debt outstanding as provided in Section 7(a)(4) of Article VIII of the Constitution of Pennsylvania and the amount of net debt as of the certification date; the amount of such debt scheduled to be repaid during the remainder of the fiscal year in which the certificates are being issued; the amount of debt authorized by law to be issued, but not yet incurred; and the amount of outstanding obligations excludedfromoutstanding debt as self-sustaining pursuant to Section 7(c)(1), (2) and (3) of Article VIII of the Constitution of Pennsylvania. A duplicate original of my certificate is enclosed. Sincerely, ROBERT P. CASEY, JR. Auditor General AUDITOR GENERAL'S CERTIFICATE Pursuant to ARTICLE VIII, Section 7(a) (4) ofthe CONSTITUTION OF PENNSYLVANIA and Section 304 ofthe Capital Facilities Debt Enabling Act To The and The General Assembly: I, Robert P. Casey, Jr., Auditor General ofthe Commonwealth of Pennsylvania, pursuant to the Pennsylvania Constitution Article VIII, (Section 7(a)(4) and Section 304 ofthe Capital Facilities Debt Enabling Act (Act 1 of 1999) certify as follows: The average annual tax revenues deposited in all funds in the five fiscal years ended preceding the date of February 29, 2004 $24,285,747,191 (i) The amount of outstanding net debt as of the end ofthe preceding fiscal year $ 6,074,163,707 (ii) The amount of such net debt as of February 29, 2004 $ 6,207,594,585 (iii) The difference between the limitation upon all net debt outstanding as provided in Article VIII, Section 7(a) (4) ofthe Constitution of Pennsylvania and the amount of such net debt as ofthe date of February 29, 2004 $36,292,463,000 (iv) The amount of such debt scheduled to be repaid during the remainder of the current fiscal year $ 149,764,799 (v) The amount of debt authorized by law to be issued, but not yet incurred $34,565,302,468 (vi) The amount of outstanding obligations excludedfromoutstanding debt as self sustaining pursuant to Article VIII, Section 7(c) (1), (2) and (3) ofthe Constitution of Pennsylvania $ 4,226,967,442 IN TESTIMONY WHEREOF, I have hereto set my hand and affixed the seal ofthe Auditor General, this 1st day of March 2004. ROBERT P. CASEY, JR. Auditor General Commonwealth of Pennsylvania APPOINTMENTS BY THE PRESIDENT PRO TEMPORE The PRESIDENT. The Chair wishes to announce the President pro tempore has made the following appointments: Mr. Raymond W. McMahon as a member of the Small Business Council. Mr. Martin L. Walzer as a member of the Small Business Council. LEGISLATIVE LEAVES Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I ask for a legislative leave for Senator Robbins. The PRESIDENT. Senator Brightbill requests a legislative leave for Senator Robbins. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Madam President, I request legislative leaves for Senator Stout and Senator Tartaglione. The PRESIDENT. Senator O'Pake requests legislative leaves for Senator Stout and Senator Tartaglione. Without objection, the leaves will be granted. SENATE CONCURRENT RESOLUTION WEEKLY ADJOURNMENT Senator BRIGHTBILL offered the following resolution, which was read as follows:
2004 LEGISLATIVE JOURNAL SENATE 1477 In the Senate, March 15, 2004 RESOLVED, (the House of Representatives concurring), That when the Senate adjourns this week, it reconvene on Monday, March 22, 2004, unless sooner recalled by the President Pro Tempore ofthe Senate; and be it further RESOLVED, That when the House of Representatives adjourns this week, it reconvene on Monday, March 22, 2004, unless sooner recalled by the Speaker ofthe 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 Conti Corman Costa Dent Earll Erickson Ferlo Gordner Greenleaf Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow Mowery Musto O'Pake Orie YEA-49 Piccola Pileggi Pippy Punt Rafferty Rhoades Robbins Scamati Schwartz Stack Stout Tartaglione Thompson NAY-O Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak A majority ofthe Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary ofthe Senate present the same to the House of Representatives for concurrence. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR ROBERT C. WONDERLING PRESENTED TO THE SENATE Montgomery, Senator Wonderling. Senator WONDERLING. Madam President, I ask that the Senate offer its traditional hearty welcome to members ofthe Quakertown Borough who are here today as part of the commonwealth wide Boroughs Association meeting. First, the Quakertown Borough Manager, Dave Woglom, and council members Jim Roberts, Elfriede Werner, Dan Williams, and David Wilsey are in the Senate gallery, and I ask that we offer our heartfelt welcome to them this afternoon. The PRESIDENT. Would the guests of Senator Wonderling from Quakertown Borough please rise so we may give you a nice welcome. GUEST OF SENATOR MICHAEL A. STACK PRESENTED TO THE SENATE Philadelphia, Senator Stack. Senator STACK. Madam President, I would like to introduce Mary Carroll Johansen who is visiting our Capitol today in a very significant role. Mary has been chosen as the Penn Ambassador, representing the Fifth Senatorial District at the celebration of Heritage Week 2004 events, which are taking place this week at the Pennsylvania State Museum. Heritage Week is designed to commemorate the birthday of our Commonwealth, and the theme this year is Education in Pennsylvania: Over 300 Years of Learning. Mary is an excellent choice as my district's ambassador this year. She is in her third year as an assistant professor of history at Holy Family University in my district in northeast Philadelphia, and has a passion for studying the Colonial and Revolutionary eras of our country, with a specific interest in teaching Pennsylvania history. Being a Penn Ambassador gives Mary the opportunity to interact with historians from across the State of Pennsylvania, and it gives me great pleasure to introduce her today, Madam President. So I ask Mary to stand so that the Senate can give her a very warm welcome. Thank you, Madam President. The PRESIDENT. Would Mary Carroll please rise. GUESTS OF SENATOR CONSTANCE H. WILLIAMS PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentlewoman from Montgomery, Senator Connie Williams. Senator C. WILLIAMS. Madam President, I would like to introduce to you Marc Seltzer, who is a nursing student at Widner University, and Amy Herlich, a senior at Lower Merion High School. They are here today as the recipients of a silent auction item which I donated to the Tastes of Lower Merion, which is a wonderful event every year with restaurants from Lower Merion, and it benefits the junior class of Lower Merion High School for a number of their activities, as well as the Better Chance House in Lower Merion. So, they are here today seeing what we do in Harrisburg, and I ask you all to give them a nice welcome. Thank you. The PRESIDENT. Would Amy and Marc please rise. GUEST OF SENATOR JOE CONTI PRESENTED TO THE SENATE Bucks, Senator Conti. Senator CONTI. Madam President, it is my pleasure to introduce Pennsylvania's 2003 Bucks County Conservation Teacher ofthe Year, Cindy DeMaria, and I would like to begin my introduction by referring to our hometown newspaper that referred to her as a true treasure to the teaching profession. She is an 11th and 12th grade environmental science teacher at Pennsbury High School, the east campus, which is located in Fairless Hills, Bucks County. She has worked tirelessly for many years to bring the best of environmental education to Pennsbury students, and has had an environmental club for over 12 years now. She went on to win the Educator ofthe Year award from
1478 LEGISLATIVE JOURNAL SENATE MARCH 15, the Pennsylvania Association of Conservation Districts and the National Association of Conservation Districts' Educator ofthe Year award, which afforded her a week in Hawaii. So, would you all please join me in our usual, warm Senate welcome for Cindy DeMaria. The PRESIDENT. Would the guest of Senator Conti please rise so we may give you a warm Senate greeting. SENATE RESOLUTION ADOPTED Senators D. WHITE, ROBBINS, DENT, LEMMOND, PUNT, TOMLINSON, KASUNIC, KITCHEN, STACK, WAGNER, ARMSTRONG, FUMO, KUKOVICH, LaVALLE, MELLOW, MUSTO, PICCOLA, PIPPY, STOUT, BOSCOLA, BRIGHTBILL, CONTI, CORMAN, COSTA, EARLL, ERICKSON, FERLO, GORDNER, GREENLEAF, HUGHES, JUBELIRER, LOGAN, MADIGAN, MOWERY, O'PAKE, ORIE, PILEGGI, RAFFERTY, RHOADES, SCARNATI, SCHWARTZ, TARTAGLIONE, THOMPSON, WAUGH, WENGER, M. WHITE, C. WILLIAMS, A. WILLIAMS, WONDERLING and WOZNIAK, by unanimous consent, offered Senate Resolution No. 214, entitled: A Resolution recognizing 125 years of service by the 28th Infantry Division, referred to as the Keystone Division, during the year 2004. On the question, Will the Senate adopt the resolution? Indiana, Senator Don White. Senator D. WHITE. Madam President, it is with great pleasure that I rise to offer this resolution commemorating the 125th anniversary ofthe 28th Infantry Division and ask for its immediate consideration. Even though I offer this resolution, I know it does not come close to expressing the true depth and breadth ofthe gratitude among the Members ofthe Senate and the residents ofthe Commonwealth for the service of our citizen soldiers. The men and women ofthe 28th Division have kept the peace and they have earned their stripes on battlefields around the world. It is only fitting and just that we honor that service and remember the sacrifices they made in the past and even today. Thank you, Madam President. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. SPECIAL PRESENTATION FOR THE 125th ANNIVERSARY OF THE 28th INFANTRY DIVISION Indiana, Senator Don White. Senator D. WHITE. Madam President, the 28th Division is the longest continuously serving division in the U.S. Army. In fact, the division's legacy actually goes back beyond its official designation under General Order No. 1, dated March 12, 1879. Some of the subordinate units in the division can trace thenhistories back to 1747, when Benjamin Franklin organized his Battalion of Associators, and when you consider the histories of all the various units now under the 28th Division, you can see that the unit played a role in every major military action from the French and Indian War. They were there for the Revolution, and they served in the war between the States. Some of those most storied exploits ofthe division came on the European battlefields of World War I and World War II. You may have noticed the 28th Infantry Division uses a red Keystone on its shoulder as a unit insignia. The patch they proudly wear on the sleeves of their uniform earned the 28th Division its distinctive nickname of "Blutig Eimer," or "Bloody Bucket" Division from the Germans during World War II. The men of the 28th Division fought hard, and they earned the respect, admiration, and even fear of their German enemies. The following is an excerpt from an article printed in the Philadelphia Inquirer based on a report by Inquirer War Correspondent Cy Peterman, on November 16, 1944, and I quote, "In the Hurtgen Forest, that gloomy expanse below Aachen, where the trees, terrain and weather, even without entrenched Germans, make formidable opposition, and mud-sluiced roads and clinging snow penetrate like a plague in the bones, American troops have fought a great but unsung battle. They were soldiers ofthe 28th Division, Pennsylvania's own, men who are destined to be overlooked as a greater campaign resumes, but whose 14-day sacrifice as they butted their heads against steep hills and blazing muzzles of Tiger tanks may one day be appreciated by military historians who know what they attempted to achieve." That is stark praise for the men ofthe "Bloody Bucket," but it certainly is not rare. If you look through the military records, the exploits of this division are there again and again, and they continue that service today. Elements of the 28th Division just recently returned from Kosovo after serving as a part ofthe peace-keeping force there and adding yet another page to its long and noble history. Today, the 28th Infantry Division maintains armories in 84 cities throughout this Commonwealth and includes a complement of more than 15,000 soldiers. The primary elements of die 28th Keystone Division include three Combat Brigades, Division Artillery, Division Support Command, Combat Aviation Brigade, Combat Engineer Brigade, and several separate battalions and company-sized elements. But, at its heart, the 28th Division is comprised of citizen soldiers, our fellow Pennsylvanians who take time from their families and their civilian lives to serve. Today, we thank them and all the men and women who have worn the "Bloody Bucket" patch over the past 125 years, along with those who served before. A grateful Commonwealth thanks all of you. Now, Madam President, it is my distinct honor and pleasure to introduce Major General Wesley Craig, Commander ofthe 28th Infantry Division, to say a few words to this body. The PRESIDENT. Major General Craig. Major General CRAIG. Thank you, Senator Don White, Lieutenant Knoll, Honorable Senators, it is indeed an
2004 LEGISLATIVE JOURNAL SENATE 1479 honor to be here today. We are honoring the 125th anniversary of the founding of the 28th Infantry Division, Pennsylvania National Guard's famed Keystone Division, and remembering the close to 4,000 soldiers we have lost, killed in battle, in over a century and a quarter of service. It is fitting that we come here in this Chamber, in the heart of the Commonwealth of Pennsylvania, to celebrate their great deeds. It is often in peaceful places like these that great soldiers are bom. The journey ofthe 28th, as has been told before, began in a place such as this, Colonial Philadelphia. In 1747, a famous printer, scientist, and politician named Benjamin Franklin published his pamphlet, named "The Plain Truth." In it he warned of the looming dangers of privateers sailing up the Delaware and sacking the city of Philadelphia. In the face of very strong Quaker passivism, he called for a volunteer association of disciplined fighters to be picked from the "middling people - farmers, shopkeepers, and tradesmen." The response was great and immediate. The volunteer associations of militia, called Associators, was formed quickly. They served in the Revolutionary War, the War of 1812, the Mexican War, and the Civil War with great distinction. On March 12,1879, then- Henry Hoyt banded together all the Associator units in a single division, the only one then in service in the United States Army. He appointed John Hartranft, a Civil War Medal of Honor winner, as the first division commander, and thus was bom the 28th Division. We have been in continuous service ever since, making us the oldest continually serving division in the United States Army, as the Senator said. Our first annual training was held that summer for no pay. Unit members were paid only for their day of annual inspection. If you were a private soldier in the division back then, you earned the magnificent sum of $1.50. The division grew in numbers and reputation. Within several years, a regular Army inspector wrote,"...i know of no other state...that can put into the field on as short notice, so well equipped and efficient a body of men as Pennsylvania." The Spanish-American War caused the entire division to be voluntarily mustered into Federal service. Three infantry regiments, three artillery batteries, and three cavalry troops saw service overseas in Puerto Rico and the Philippines. The troops soon returned home. In 1904, another regular Army inspector wrote, "...every time I see the division...it is a marvel to me how so many citizens could be brought together from such multitudinous callings from every town and city in the state and maneuver with such precision and order. Every credit is due the citizens ofthe guard for the sacrifice they make and the good work they have done and are doing." The same can be said of us today. On June 22, 1916, the division was mobilized at Mt. Gretna and shipped off to El Paso, Texas. For the next 9 months we chased Pancho Villa around in the deserts of Texas. We returned to our home station in Pennsylvania on March 17, 1917. One month later, World War I was declared. By August of 1917, we had been drafted into Federal service and sent to Camp Hancock in Augusta, Georgia. Eight months later, we were shipped to England and then on to France, a very lovely country that hosted one of history's greatest horrors, the trench warfare of World War I. After additional training, the Keystone Division was committed to the Champagne-Mame area and quickly stopped the last major German offensive of that war. Their coolness under fire and deadly marksmanship caused General J.J. Pershing to exclaim, "...you are not soldiers, you are men of iron." Hence, one of the nicknames we have carried ever since, The Iron Division. We went on the offensive until the end ofthe war. Our return home resulted in a tumultuous 8 1/2 mile welcome home parade in the city of Philadelphia on May 15, 1919, witnessed by two million people in that city. We were reconstituted in 1920, and many World War I veterans joined our ranks. There was a boom in armory constmction that lasted until the mid-1930s. The base at Mt. Gretna was recognized as too small. Therefore, Indiantown Gap was procured by this Commonwealth and expanded. The division grew to a 14,500-man force by 1939. We were mobilized again on February 17, 1941, for 1 year of training. Well, Pearl Harbor came, and so did World War II. Five-and-a-half years later, we finally got home. We trained under three different division commanding generals, including our most famous, Major General Omar Bradley, until the fall of 1943 when we sailed to England. More training followed, and then we went ashore on Omaha Beach on July 22, 1944. The division participated in the Saint Lo breakout of Operation Cobra, raced on to Paris, and then paraded through that city on August 29, 1944. The famous painting showing American soldiers marching 24 abreast under the Arc de Triomphe are soldiers from the 110th Infantry Regiment ofthe 28th Infantry Division. We went on to liberate parts of Belgium and Luxembourg. Then, on September 10th, we were the first American troops to cross into Germany and pierce the Seigfried Line. The bloody stalemate that Senator White referred to was next. We went into the Hurtgen Forest, which cost us over 6,000 battle casualties. Later, we moved to the Ardennes to rest. And for everyone who knows our history, the Battle of the Bulge followed within 1 month. The 28th Division held off eight German divisions and inflicted almost 12,000 casualties on the attacking force. War Correspondent Morley Cassidy remarked that "For four days from 16-20 December, the main roads were denied the enemy. The type of resistance offered by the Keystone troops was one of the greatest feats ever performed in the history ofthe American Army." Victory over the Germans followed in the Colmar pocket, the last village in France to be freed in February of 1945. By the end ofthe war, we had spent 196 days in combat. We had fought against 45 ofthe 90 divisions the Germans had on the western front. We suffered over 9,000 wounded, 2,600 missing in action, 1,900 killed in action, and 2,200 captured. We returned to Pennsylvania on November 11 of 1946. The ranks were quickly refilled. Major General Dan Strickler, an attorney from Lancaster, a truly remarkable individual, was picked as the next division commanding general. He had the distinction of serving as both an officer in World War I and World War II in the 28th Division. Several years later the Korean War came on. We were mobilized in November of 1951 and deployed to Germany as part ofthe NATO force. We stayed there until 1954. The year after that the division was at 50-percent strength and returned to
1480 LEGISLATIVE JOURNAL SENATE MARCH 15, the Commonwealth. We have grown over time. We now stand at 14,000 soldiers. We are organized into two Armor Brigades, a Division Artillery Brigade, a Division Support Command, an Aviation Brigade, and a Stryker Brigade Combat Team. The Stryker Brigade is a new concept. There are five of these in the active component and only one in the Reserve component, our own 56th Brigade headquartered in Philadelphia. An SBCT, as they are called, is a large brigade of motorized infantry mounted in a new eight-wheel stryker infantry armored vehicle. It has an advanced computer digital communication system. It is highly mobile and has the ability to maximize the effects of joint fires. Its impact on Pennsylvania and the 28th Division is tremendous and long-lasting. More than a billion-and-a-half dollars' worth of equipment and military constmction will be invested in the Commonwealth as a result of this distinction. We in the 28th continue to serve our Commonwealth and country. Whether it be in duty, in response to domestic emergencies, or in response to the call ofthe President in a time of war, we will be ready. We have become, since September 11, 2001, the most-deployed National Guard Division in the country. Almost 6,000 of us are deployed overseas. We deployed 1,200 in Kosovo, Bosnia; 2,000 in Germany to Task Force Keystone, a force protection mission there; and 1,200 were just deployed and redeployed and have come home from Kosovo. In the Chamber with me today is my Deputy Commander who was the Commander of forces in Kosovo, Brigadier General Jerry Beck. Jerry, if you would please stand. Welcome home. Thank you, Jerry, on behalf of all of us, for a job well done. It is great to see you back. Having said all this and having all these people come back at the same time, it is also on our minds that as I speak to you today there are 1,200 of our soldiers in Iraq, another 1,200 are on warning orders for a possible mobilization and deployment to either Iraq or Afghanistan. In addition, we have mobilized over 400 of us at one time or another since 9/11 to do domestic security missions at airports, nuclear power plants, and Army and Air Force bases in the Commonwealth. Whatever the journey of the future, you can be sure that the volunteer citizen soldiers of the 28th Keystone Division will be ready to embark upon it, no matter how perilous. It is human nature to question the future and wonder if generations to come will show the same courage that yours did, and in the play "Ben Franklin in Paris," the father ofthe 28th Keystone Division had these same doubts. "[Ofjthose Americans to whom the name American will not be new," he asked, "will they love liberty, being given it outright in the crib for nothing?...and would they die for it, if necessary?" The answer, Mr. Franklin, is yes. They still give their lives and we still give our thanks. Today, if you listen hard, you can hear the marching of thousands upon thousands of Keystone soldiers all over this Commonwealth, for our journey never ends, not as long as we choose to live in freedom and not as long as the 28th Keystone Division chooses to fight for that freedom if necessary. God bless the men and women of the 28th Division of Pennsylvania, and thank you all for this opportunity to be here with you today. The PRESIDENT. Would the 28th Division please stand. The PRESIDENT. Thank you so much. LEGISLATIVE LEAVE Berks, Senator O'Pake. Senator O'PAKE. Madam President, I request a legislative leave for Senator Fumo. The PRESIDENT. Without objection, that leave will be granted. RECESS Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I ask for a recess ofthe Senate, first for the purpose of a meeting ofthe Committee on Appropriations, which will begin immediately in the Rules room to the rear ofthe Chamber, to be followed by a Republican caucus. I expect that we would be back here at about 5 o'clock. The PRESIDENT. Senator Brightbill requests a recess for a meeting of the Committee on Appropriations and then a Republican caucus. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Madam President, after the meeting ofthe Committee on Appropriations, I ask the Democratic Senators to come to our caucus room for a caucus. The PRESIDENT. Senator O'Pake requests a Democratic caucus following the meeting of the Committee on Appropriations. Without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. CALENDAR THIRD CONSIDERATION CALENDAR BILLS OVER IN ORDER SB 200, HB 349, SB 979 and HB 1130 - Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE HB 1235 (Pr. No. 1519) - The Senate proceeded to consideration ofthe bill, entitled: An Act amending the act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code, further providing for personnel of shade tree commission, their appointment, terms and vacancies.
2004 LEGISLATIVE JOURNAL SENATE 1481 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-50 Orie Piccola Pileggi Pippy Punt Rafferty Rhoades Robbins Scamati Schwartz Stack Stout Tartaglione NAY-0 Thompson Tomlinson 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 ofthe Senate return said bill to the House of Representatives with information that the Senate has passed the same without amendments. HB 1236 (Pr. No. 1520) - The Senate proceeded to consideration ofthe bill, entitled: An Act amending the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, further providing for shade tree commission members, their appointment, terms and vacancies. 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-50 Orie Piccola Pileggi Pippy Punt Rafferty Rhoades Robbins Scamati Schwartz Stack Stout Tartaglione NAY-0 Thompson Tomlinson 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 ofthe Senate return said bill to the House of Representatives with information that the Senate has passed the same without amendments. LEGISLATIVE LEAVE CANCELLED Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I would like to cancel Senator Robbins' legislative leave. The PRESIDENT. Senator Robbins' legislative leave is cancelled for today. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR RESUMED BILL OVER IN ORDER HB 1423 ~ Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL. BILL LAID ON THE TABLE HB 2027 (Pr. No. 3287) ~ The Senate proceeded to consideration ofthe bill, entitled: An Act amending the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law, further providing for appointment and qualifications of members of authority. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was laid on the table. HB 2027 TAKEN FROM THE TABLE Senator BRIGHTBILL. Madam President, I move that House Bill No. 2027, Printer's No. 3287, be taken from the table and placed on the Calendar. A voice vote having been taken, the question was determined in the affirmative. The PRESIDENT. The bill will be placed on the Calendar. SECOND CONSIDERATION CALENDAR BILLS OVER IN ORDER SB 704, SB 705 and SB 893 - Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL. BILL ON SECOND CONSIDERATION SB 922 (Pr. No. 1187) - consideration ofthe bill, entitled: The Senate proceeded to An Act amending Title 35 (Health and Safety) ofthe Pennsylvania Consolidated Statutes, providing for custodial care facilities.
1482 LEGISLATIVE JOURNAL SENATE MARCH 15, Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. RECESS Lebanon, Senator Brightbill. Senator BRIGHTBILL. Madam President, I ask for a recess ofthe Senate for 5 minutes for the purpose of a meeting ofthe Committee on Rules and Executive Nominations, which will be held immediately. The PRESIDENT. There will be a 5-minute recess for a meeting ofthe Committee on Rules and Executive Nominations. Without objection, the Senate will stand in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. COMMUNICATIONS FROM THE GOVERNOR REPORTED FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator BRIGHTBILL, from the Committee on Rules and Executive Nominations, reported communications from His Excellency, the ofthe Commonwealth, recalling the following nominations, which were read by the Clerk as follows: MEMBER OF THE STATE HARNESS RACING COMMISSION ofthe Commonwealth of Pennsylvania: March 9,2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated January 20, 2004, for the appointment of Henry Faragalli, Jr., 4008 Darby Road, Bryn Mawr 19010, Delaware County, Seventeenth Senatorial District, as a member of the State Harness Racing Commission, to serve for a term of three years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice George Patterson, Camp Hill, whose term expired. I respectfully request the return to me of the official message of nomination on the premises. DISTRICT JUSTICE ofthe Commonwealth of Pennsylvania: March 10,2004 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 5, 2004, for the appointment of Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, as District Justice, in and for the County of Clinton, Magisterial District 25-3-03, to serve until the first Monday of January 2006, vice Kevin R. Dwyer, resigned. I respectfully request the return to me ofthe official message of nomination on the premises. NOMINATIONS RETURNED TO THE GOVERNOR Senator BRIGHTBILL. Madam President, I move that the nominations just read by the Clerk be returned to His Excellency, the. A voice vote having been taken, the question was determined in the affirmative. The PRESIDENT. The nominations will be returned to the. UNFINISHED BUSINESS BILLS REPORTED FROM COMMITTEE Senator THOMPSON, from the Committee on Appropriations, reported the following bills: SB 305 (Pr. No. 1380) (Rereported) An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, requiring compliance with Federal selective service requirements as part of application for learners' permits or drivers* licenses. HB 100 (Pr. No. 3430) (Amended) (Rereported) An Act providing for the availability of and access to a comprehensive trauma care system; and imposing powers and duties upon the Department of Public Welfare. SENATE RESOLUTION ADOPTED Senators THOMPSON, BRIGHTBILL, RAFFERTY, STOUT, CORMAN, SCHWARTZ, WAGNER, KUKOVICH, WAUGH, ERICKSON, MOWERY, PUNT, OTAKE, PIPPY, D. WHITE, DENT, COSTA, ARMSTRONG, FUMO, TOMLINSON, M. WHITE, FERLO, WENGER, MUSTO, CONTI, KITCHEN, LEMMOND, RHOADES, WONDERLING, STACK, GORDNER, GREENLEAF, EARLL and C. WILLIAMS, by unanimous consent, offered Senate Resolution No. 216, entitled: A Resolution designating the month of March 2004 as "Nutrition Month" in Pennsylvania. Which was read, considered, and adopted by voice vote. CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Congratulations ofthe Senate were extended to Joyce Long by Senator Boscola. Congratulations ofthe Senate were extended to Mr. and Mrs. Walter Sienkiewicz and to Mr. and Mrs. Willard McKinley Smith II by Senator Gordner.
2004 LEGISLATIVE JOURNAL SENATE 1483 Congratulations of the Senate were extended to the United States Department of Labor's Women Bureau by Senator Hughes. Congratulations of the Senate were extended to Love Zion Baptist Church of Philadelphia, New Inspirational Baptist Church of Philadelphia, New Salem Baptist Church, Pleasant Grove Baptist Church of Philadelphia, Sanctuary of Praise and Worship and to the Upper Room Baptist Church of Philadelphia by Senator Kitchen. Congratulations of the Senate were extended to Milton V. Munk by Senator Kukovich. Congratulations ofthe Senate were extended to Dr. Herman S. Garey and to Dr. John R. Williams by Senator Mellow. Congratulations of the Senate were extended to William J. Irwin and to Ann M. Irwin by Senator Mowery. Congratulations of the Senate were extended to Joseph Rovelli by Senator Musto. Congratulations of the Senate were extended to the Berks County Conservancy by Senator O'Pake. Congratulations of the Senate were extended to Mary Ann Baranowski by Senator Piccola. Congratulations ofthe Senate were extended to Andrew S. Archbald and to Mary Monsour by Senator Pippy. Congratulations ofthe Senate were extended to Mr. and Mrs. Russel Kellner by Senator Rhoades. Congratulations of the Senate were extended to Jerry O'Donnell by Senator Stack. Congratulations of the Senate were extended to Joseph A. Amodei and to Our Lady of Grace School of Penndel by Senator Tomlinson. Congratulations ofthe Senate were extended to Jerry Brown and Tim Brown by Senator M.J. White. Congratulations ofthe Senate were extended to the Villanova University School of Law by Senator C. Williams. Congratulations ofthe Senate were extended to Mr. and Mrs. James Trinchere by Senator Wonderling. Congratulations of the Senate were extended to Aaron M. Christ by Senator Wozniak. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR ROBERT C. WONDERLING PRESENTED TO THE SENATE Montgomery, Senator Wonderling. Senator WONDERLING. Madam President, I rise briefly today at this late hour to recognize a young gentlemanfrommy Senate district whom we have unanimously recognized in a resolution. This gentleman's name is Patrick Carrier III, and he is 13 years old. He recently received the highest honor bestowed on a Boy Scout for heroism and bravery. Just less than a year ago his house caught fire when he was home alone with his two younger brothers, Michael and John. They were in the basement, the kitchen and the dining room were on fire, and he used fire safety training that he had learned through the Scouts to essentially blockade the basement door into the dining room, put some towels into a utility tub and soaked them, wrapped his two younger brothers in those towels and rescued them from their burning house. So, Michael and his two brothers, his mom, and younger sister spent the day with me in Harrisburg. Unfortunately, they had to head back to Palmer Township, but, Madam President, I did not want the day to end without recognizing a very outstanding young individual and the dramatic act of heroism that he did last September. Thank you, Madam President. The PRESIDENT. Thank you, Senator Wonderling. I also had the opportunity to meet Patrick Cartier and his family today, and to congratulate him for what he did to save his family during that fire. We are all blessed to have wonderful Scouts like that in Pennsylvania, so let us all give him a round of applause. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITTEE MEETINGS TUESDAY. MARCH 16. 2004 9:00 A.M. AGING AND YOUTH (to consider Senate Room 8E-B Resolution No. 207; House Bill No. 518; East Wing and any other business that may come before the Committee) 9:00 A.M. ENVIRONMENTAL RESOURCES Room 461 AND ENERGY (to consider Senate Main Capitol Bill No. 977; and House Bills No. 60 and 1597) 9:30 A.M. EDUCATION (public hearing on School Room 8E-A Accountability Measures) East Wing 9:30 A.M. LOCAL GOVERNMENT (to consider Room 461 House Bills No. 2007,2008 and 2239; Main Capitol and any other business that may come before the Committee) 10:30 A.M. URBAN AFFAIRS AND HOUSING (to Room 461 consider House Bills No. 1329,1330 and Main Capitol 1331)CANCELLED 11:30 A.M. CONSUMER PROTECTION AND Room 461 PROFESSIONAL LICENSURE (public Main Capitol hearing to consider the nomination of Basil Merenda as Commissioner, Bureau of Professional and Occupational Affairs) 11:30 A.M. AGRICULTURE AND RURAL AFFAIRS Room 8E-A (to consider Senate Bill No. 871; Senate East Wing Resolution No. 206; and House Bills No. 657 and 1809) 11:30 A.M. JUDICIARY (public hearing on the nom- Room 8E-B ination of Bradley K. Moss, Esq., Judge, East Wing Philadelphia Municipal Court; and committee meeting to consider Senate Bills No. 54, 679,1004 and 1005; and House Bills No. 37 and 2083) 12:00 Noon FINANCE (to consider Senate Bill No. Room 8E-A 971; and House Bills No. 80,147,225, East Wing 1899 and 2015)