19
COMMONWEALTH OF PENNSYLVANIA M nuruat TUESDAY, JANUARY 20, 2009 SESSION OF 2009 193RD OF THE GENERAL ASSEMBLY No. 2 SENATE TUESDAY, January 20, 2009 The Senate met at 1 p.m., Eastern Standard Time. The PRESIDENT (Lieutenant Governor Joseph B. Scarnati III) in the Chair. PRAYER The following prayer was offered by the Secretary of the Sen- ate, Hon. MARK R. CORRIGAN: Let us pray. Heavenly Father, the ceremonies are concluded, the festivities ended. The government of Pennsylvania is reorganized. As we begin this new working Session of the Senate, we pause, first, to seek Your blessings. May Your Holy Spirit rest with us and in- spire us during these Session years that all that we may do may be pleasing in Your sight and inure to the benefit of the people of Pennsylvania. Amen. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following com- munications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: SECRETARY OF AGING January 6, 2009 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Honorable John Michael Hall, 1620 Hemlock Lane, Dauphin 17018, Dauphin County, Fifteenth Sena- torial District, for appointment as Secretary of Aging, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified, vice The Honorable Nora Dowd Eisenhower, Philadelphia, resigned. EDWARD G RENDELL Governor MEMBER OF THE ARCHITECTS LICENSURE BOARD January 6, 2009 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Troy M. Cassel (Public Member), 315 New Street, #115, Philadelphia 19106, Philadelphia County, First Sena- torial District, for appointment as a member of the Architects Licensure Board, to serve until November 21, 2009, or until his successor is ap- pointed and qualified, but not longer than six months beyond that pe- riod, vice Pedro Rivera, Philadelphia, resigned. EDWARD G. RENDELL Governor MEMBER OF THE STATE BOARD OF AUCTIONEER EXAMINERS January 6, 2009 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Anne N. Davies (Public Member), 3 Richard Drive, Dallas 18612, Luzerne County, Twentieth Senatorial District, for reappointment as a member of the State Board of Auction- eer Examiners, to serve for a term of three years or until her successor is appointed and qualified, but not longer than six months beyond that period. EDWARD G. RENDELL Governor MEMBER OF THE STATE BOARD OF BARBER EXAMINERS January 6, 2009 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, John E. Payne, Jr., 14023 Mike Road, North Huntingdon 15642, Westmoreland County, Thirty-ninth Senato- rial District, for appointment as a member of the State Board of Barber Examiners, 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 Vincent Iacono, York, whose term expired. EDWARD G. RENDELL Governor

COMMONWEALTH OF PENNSYLVANIA · 2009. 1. 20. · Heppenstall, Jr., Pittsburgh, resigned. EDWARD G. RENDELL Governor SECRETARY OF ENVIRONMENTAL PROTECTION January 6, 2009 To the Honorable,

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Page 1: COMMONWEALTH OF PENNSYLVANIA · 2009. 1. 20. · Heppenstall, Jr., Pittsburgh, resigned. EDWARD G. RENDELL Governor SECRETARY OF ENVIRONMENTAL PROTECTION January 6, 2009 To the Honorable,

COMMONWEALTH OF PENNSYLVANIA

M nuruatTUESDAY, JANUARY 20, 2009

SESSION OF 2009 193RD OF THE GENERAL ASSEMBLY No. 2

SENATE

TUESDAY, January 20, 2009

The Senate met at 1 p.m., Eastern Standard Time.

The PRESIDENT (Lieutenant Governor Joseph B. Scarnati III)in the Chair.

PRAYER

The following prayer was offered by the Secretary of the Sen-ate, Hon. MARK R. CORRIGAN:

Let us pray.Heavenly Father, the ceremonies are concluded, the festivities

ended. The government of Pennsylvania is reorganized. As webegin this new working Session of the Senate, we pause, first, toseek Your blessings. May Your Holy Spirit rest with us and in-spire us during these Session years that all that we may do maybe pleasing in Your sight and inure to the benefit of the peopleof Pennsylvania. Amen.

PLEDGE OF ALLEGIANCE

(The Pledge of Allegiance was recited by those assembled.)

COMMUNICATIONS FROM THE GOVERNOR

NOMINATIONS REFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following com-munications in writing from His Excellency, the Governor of theCommonwealth, which were read as follows and referred to theCommittee on Rules and Executive Nominations:

SECRETARY OF AGING

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, The Honorable John Michael Hall,1620 Hemlock Lane, Dauphin 17018, Dauphin County, Fifteenth Sena-torial District, for appointment as Secretary of Aging, to serve until thethird Tuesday of January 2011, and until his successor is appointed andqualified, vice The Honorable Nora Dowd Eisenhower, Philadelphia,resigned.

EDWARD G RENDELLGovernor

MEMBER OF THE ARCHITECTSLICENSURE BOARD

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Troy M. Cassel (Public Member), 315New Street, #115, Philadelphia 19106, Philadelphia County, First Sena-torial District, for appointment as a member of the Architects LicensureBoard, to serve until November 21, 2009, or until his successor is ap-pointed and qualified, but not longer than six months beyond that pe-riod, vice Pedro Rivera, Philadelphia, resigned.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARDOF AUCTIONEER EXAMINERS

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Anne N. Davies (Public Member), 3Richard Drive, Dallas 18612, Luzerne County, Twentieth SenatorialDistrict, for reappointment as a member of the State Board of Auction-eer Examiners, to serve for a term of three years or until her successoris appointed and qualified, but not longer than six months beyond thatperiod.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARDOF BARBER EXAMINERS

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, John E. Payne, Jr., 14023 Mike Road,North Huntingdon 15642, Westmoreland County, Thirty-ninth Senato-rial District, for appointment as a member of the State Board of BarberExaminers, to serve for a term of three years and until his successor isappointed and qualified, but not longer than six months beyond thatperiod, vice Vincent Iacono, York, whose term expired.

EDWARD G. RENDELLGovernor

Page 2: COMMONWEALTH OF PENNSYLVANIA · 2009. 1. 20. · Heppenstall, Jr., Pittsburgh, resigned. EDWARD G. RENDELL Governor SECRETARY OF ENVIRONMENTAL PROTECTION January 6, 2009 To the Honorable,

40 LEGISLATIVE JOURNAL - SENATE JANUARY 20,

MEMBER OF THE CHILDREN'STRUST FUND BOARD

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Tanya Williams Bell, 4400 SaybrookLane, Harrisburg 17110, Dauphin County, Fifteenth Senatorial District,for reappointment as a member of the Children's Trust Fund Board, toserve for a term of three years and until her successor is appointed andqualified.

EDWARD G. RENDELLGovernor

MEMBER OF THE CHILDREN'STRUST FUND BOARD

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Frank Cervone, 1061 Creek Road,Hartsville 18974, Bucks County, Sixth Senatorial District, for reap-pointment as a member of the Children's Trust Fund Board, to serve fora term of three years and until his successor is appointed and qualified.

EDWARD G. RENDELLGovernor

MEMBER OF THE CHILDREN'STRUST FUND BOARD

MEMBER OF THE CHILDREN'STRUST FUND BOARD

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Harry Hamilton, Esquire, 9 East En-terprise Street, Glen Lyon 18617, Luzerne County, Fourteenth Senato-rial District, for appointment as a member of the Children's Trust FundBoard, to serve for a term of three years and until his successor is ap-pointed and qualified, vice Mary Carrasco, Pittsburgh, whose termexpired.

EDWARD G. RENDELLGovernor

MEMBER OF THE CHILDREN'STRUST FUND BOARD

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Linda J. Rich, 124 Waverly Road,Wyncote 19095, Montgomery County, Fourth Senatorial District, forreappointment as a member of the Children's Trust Fund Board, to servefor a term of three years and until her successor is appointed and quali-fied.

EDWARD G. RENDELLGovernor

January 6, 2009MEMBER OF THE STATE BOARD

To the Honorable, the Senate OF CHIROPRACTICof the Commonwealth of Pennsylvania:

January 6, 2009In conformity with law, I have the honor hereby to nominate for the

advice and consent of the Senate, Susan Eckert, 2509 Butter Road,Lancaster 17601, Lancaster County, Thirteenth Senatorial District, forreappointment as a member of the Children's Trust Fund Board, to servefor a term of three years and until her successor is appointed and quali-fied.

EDWARD G. RENDELLGovernor

MEMBER OF THE CHILDREN'STRUST FUND BOARD

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Carole Haas Gravagno, 560Maplewood Road, Wayne 19087, Delaware County, Seventeenth Sena-torial District, for reappointment as a member of the Children's TrustFund Board, to serve for a term of three years and until her successor isappointed and qualified.

EDWARD G. RENDELLGovernor

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, George E. Khoury, D.C., 588Cherryhill Drive, Bridgeville 15017, Washington County, Forty-sixthSenatorial District, for appointment as a member of the State Board ofChiropractic, to serve for a term of four years or until his successor isappointed and qualified, but not longer than six months beyond thatperiod, vice Jonathan W. McCullough, Jr., D.C., Holland, whose termexpired.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATECIVIL SERVICE COMMISSION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Tara E. Reynolds, 732 SummerleaStreet, 2nd Floor, Pittsburgh 15232, Allegheny County, Forty-third

Page 3: COMMONWEALTH OF PENNSYLVANIA · 2009. 1. 20. · Heppenstall, Jr., Pittsburgh, resigned. EDWARD G. RENDELL Governor SECRETARY OF ENVIRONMENTAL PROTECTION January 6, 2009 To the Honorable,

2009 LEGISLATIVE JOURNAL - SENATE 41

Senatorial District, for appointment as a member of the State Civil Ser-vice Commission, to serve until April 9, 2012, or until her successor isappointed and qualified, vice Katherene Holtzinger Conner,Mechanicsburg, resigned.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARDOF COSMETOLOGY

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Alessandra Carrafiello, Esquire (Pub-lic Member), 2710 South 11th Street, Philadelphia 19148, PhiladelphiaCounty, First Senatorial District, for appointment as a member of theState Board of Cosmetology, to serve for a term of three years and untilher successor is appointed and qualified, but not longer than six monthsbeyond that period, vice Maria Cordero, Philadelphia, resigned.

EDWARD G RENDELLGovernor

MEMBER OF THE STATE BOARDOF DENTISTRY

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Douglas P. Marinak, DDS, 1010Baythorne Drive, Mechanicsburg 17050, Cumberland County, Thirty-first Senatorial District, for reappointment as a member of the StateBoard of Dentistry, to serve for a term of six years or until his successoris appointed and qualified, but not longer than six months beyond thatperiod.

EDWARD G RENDELLGovernor

MEMBER OF THE PENNSYLVANIA ECONOMICDEVELOPMENT FINANCING AUTHORITY

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, David E. Landau, 11 Oak KnollDrive, Wallingford 19086, Delaware County, Ninth Senatorial District,for appointment as a member of the Pennsylvania Economic Develop-ment Financing Authority, to serve for a term of four years and until hissuccessor is appointed and qualified, vice William Davis, Williamsport,resigned.

EDWARD G. RENDELLGovernor

MEMBER OF THE PENNSYLVANIA ECONOMICDEVELOPMENT FINANCING AUTHORITY

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Fred P. Rinaldi, Esquire, One LeeCourt, Old Forge 18518, Lackawanna County, Twenty-second Senato-rial District, for appointment as a member of the Pennsylvania Eco-nomic Development Financing Authority, to serve for a term of fouryears and until his successor is appointed and qualified, vice C. TalbotHeppenstall, Jr., Pittsburgh, resigned.

EDWARD G. RENDELLGovernor

SECRETARY OF ENVIRONMENTAL PROTECTION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, John Hanger, 637 Zurich Drive,Hummelstown 17036, Dauphin County, Fifteenth Senatorial District,for appointment as Secretary of Environmental Protection, to serve untilthe third Tuesday of January 2011, and until his successor is appointedand qualified, vice The Honorable Kathleen Alana McGinty, Camp Hill,resigned.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARDOF FUNERAL DIRECTORS

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Pastor Richard B. Starr (Public Mem-ber), 2750 S. Queen Street, Dallastown 17313, York County, Twenty-eighth Senatorial District, for appointment as a member of the StateBoard of Funeral Directors, to serve until December 12, 2012, and untilhis successor is appointed and qualified, but not longer than six monthsbeyond that period, vice Anthony Scarantino, Whitehall, resigned.

EDWARD G RENDELLGovernor

MEMBER OF THE STATE BOARDOF FUNERAL DIRECTORS

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Michael J. Yeosock, 40 South Main

Page 4: COMMONWEALTH OF PENNSYLVANIA · 2009. 1. 20. · Heppenstall, Jr., Pittsburgh, resigned. EDWARD G. RENDELL Governor SECRETARY OF ENVIRONMENTAL PROTECTION January 6, 2009 To the Honorable,

EDWARD G. RENDELLGovernor

SECRETARY OF HEALTH

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

42 LEGISLATIVE JOURNAL - SENATE JANUARY 20,

Street, Plains 18705, Luzerne County, Fourteenth Senatorial District,for reappointment as a member of the State Board of Funeral Directors,to serve for a term of five years and until his successor is appointed andqualified, but not longer than six months beyond that period.

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Kenneth Jarin, One Greenbriar Circle,Newtown 18940, Bucks County, Tenth Senatorial District, for reap-pointment as a member of the Board of Governors of the State Systemof Higher Education, to serve until December 31, 2012, and until hissuccessor is appointed and qualified.

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, The Honorable Everette James, 2779Brintons Bridge Road, West Chester 19382, Chester County, NinthSenatorial District, for appointment as Secretary of Health, to serve untilthe third Tuesday of January 2011, and until his successor is appointedand qualified, vice The Honorable Calvin B. Johnson, Harrisburg, re-signed.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Paul S. Dlugolecki, 303 MonroeStreet, Mechanicsburg 17055, Cumberland County, Thirty-first Senato-rial District, for reappointment as a member of the Board of Governorsof the State System of Higher Education, to serve until December 31,2010, and until his successor is appointed and qualified.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Lydia Hernandez-Velez, 844 N. 4thStreet, Philadelphia 19123, Philadelphia County, First Senatorial Dis-trict, for appointment as a member of the Board of Governors of theState System of Higher Education, to serve until December 31, 2010,and until her successor is appointed and qualified, vice R. BenjaminWiley, Erie, deceased.

EDWARD G. RENDELLGovernor

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Richard Kneedler, 1416 NewtonRoad, Lancaster 17603, Lancaster County, Thirteenth Senatorial Dis-trict, for appointment as a member of the Board of Governors of theState System of Higher Education, to serve until December 31, 2012,and until his successor is appointed and qualified, vice Kim Lyttle,Marion Center, whose term expired.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Marie A. Conley Lammando, 742South 80th Street, Har risburg 17111, Dauphin County, Fifteenth Sena-torial District, for reappointment as a member of the Board of Gover-nors of the State System of Higher Education, to serve until December31, 2012, and until her successor is appointed and qualified.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Celestino R. Pennoni, 411 Valley

Page 5: COMMONWEALTH OF PENNSYLVANIA · 2009. 1. 20. · Heppenstall, Jr., Pittsburgh, resigned. EDWARD G. RENDELL Governor SECRETARY OF ENVIRONMENTAL PROTECTION January 6, 2009 To the Honorable,

2009 LEGISLATIVE JOURNAL - SENATE 43

Glen Drive, Bryn Mawr 19010, Delaware County, Seventeenth Senato-rial District, for reappointment as a member of the Board of Governorsof the State System of Higher Education, to serve until December 31,2010, and until his successor is appointed and qualified.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Guido M. Pichini, 24 Upland Road,Wyomissing Hills 19609, Berks County, Forty-eighth Senatorial Dis-trict, for reappointment as a member of the Board of Governors of theState System of Higher Education, to serve until December 31, 2012,and until his successor is appointed and qualified.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Harold C. Shields, 2030 Piper Court,Allison Park 15101, Allegheny County, Fortieth Senatorial District, forappointment as a member of the Board of Governors of the State Systemof Higher Education, to serve until December 31, 2010, and until hissuccessor is appointed and qualified, vice Daniel P. Elby, York, whoseterm expired.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Thomas M. Sweitzer, 736 HarvardAvenue, Swarthmore 19081, Delaware County, Ninth Senatorial Dis-trict, for appointment as a member of the Board of Governors of theState System of Higher Education, to serve until December 31, 2010,and until his successor is appointed and qualified, vice David Holveck,Malvern, resigned.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Christine J. Toretti, 2428 Oak Drive,Indiana 15701, Indiana County, Forty-first Senatorial District, for reap-pointment as a member of the Board of Governors of the State Systemof Higher Education, to serve until December 31, 2010, and until hersuccessor is appointed and qualified.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Aaron A. Walton, 4283 Forest GlenDrive, Allison Park 15101, Allegheny County, Fortieth Senatorial Dis-trict, for reappointment as a member of the Board of Governors of theState System of Higher Education, to serve until December 31, 2012,and until his successor is appointed and qualified.

EDWARD G. RENDELLGovernor

SECRETARY OF LABOR AND INDUSTRY

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, The Honorable [sic] Sandi L. Vito,258 Cumberland Street, Harrisburg 17102, Dauphin County, FifteenthSenatorial District, for appointment as Secretary of Labor and Industry,to serve until the third Tuesday of January 2011, and until her successoris appointed and qualified, vice The Honorable Stephen M. Schmerin,Gibsonia, resigned.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARD OF EXAMINERSOF NURSING HOME ADMINISTRATORS

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Paul D. Gehris (Public Member), 47Greening Life Lane, Shermans Dale 17090, Perry County, Thirty-fourth

Page 6: COMMONWEALTH OF PENNSYLVANIA · 2009. 1. 20. · Heppenstall, Jr., Pittsburgh, resigned. EDWARD G. RENDELL Governor SECRETARY OF ENVIRONMENTAL PROTECTION January 6, 2009 To the Honorable,

44 LEGISLATIVE JOURNAL - SENATE JANUARY 20,

Senatorial District, for appointment as a member of the State Board ofExaminers of Nursing Home Administrators, to serve for a term of fouryears or until his successor is appointed and qualified, but not longerthan six months beyond that period, vice Barbara F. Zsigovits, NewTripoli, whose term expired.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARD OF OCCUPATIONALTHERAPY EDUCATION AND LICENSURE

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Daniel Panchik, 950 Front Street,Hershey 17033, Dauphin County, Fifteenth Senatorial District, for reap-pointment as a member of the State Board of Occupational TherapyEducation and Licensure, to serve for a term of three years and until hissuccessor is appointed and qualified.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARDOF OSTEOPATHIC MEDICINE

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate,-Samuel J. Garloff, D.O., 343 SpringRun Court, Etters 17319, York County, Thirty-first Senatorial District,for appointment as a member of the State Board of Osteopathic Medi-cine, to serve for a term of four years or until his successor is appointedand qualified, but not longer than six months beyond that period, viceJohn F. Callahan, Pittston, whose term expired.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARDOF PHYSICAL THERAPY

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Cindy L. Best, 80 Shady Lane, YorkHaven 17370, York County, Fifteenth Senatorial District, for reappoint-ment as a member of the State Board of Physical Therapy, to serve fora term of four years and until her successor is appointed and qualified,but not longer than six months beyond that period.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE REGISTRATION BOARDFOR PROFESSIONAL ENGINEERS, LAND

SURVEYORS AND GEOLOGISTS

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Lena Gabriela Andrews (Public Mem-ber), 3600 Penn Avenue, Apartment 4, Pittsburgh 15201, AlleghenyCounty, Thirty-eighth Senatorial District, for reappointment as a mem-ber of the State Registration Board for Professional Engineers, LandSurveyors and Geologists, to serve for a term of six years or until hersuccessor is appointed and qualified, but not longer than six monthsbeyond that period.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE REGISTRATION BOARDFOR PROFESSIONAL ENGINEERS, LAND

SURVEYORS AND GEOLOGISTS

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, John M. Chenosky, P.E., Box 423,Alburtis 18011, Lehigh County, Eleventh Senatorial District, for ap-pointment as a member of the State Registration Board for ProfessionalEngineers, Land Surveyors and Geologists, to serve for a term of sixyears or until his successor is appointed and qualified, but not longerthan six months beyond that period, vice George Roman, Summerhill,whose term expired.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE REGISTRATION BOARDFOR PROFESSIONAL ENGINEERS, LAND

SURVEYORS AND GEOLOGISTS

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Matthew Karnell (Public Member),266 South 23rd Street, 8A, Philadelphia 19103, Philadelphia County,First Senatorial District, for appointment as a member of the State Reg-istration Board for Professional Engineers, Land Surveyors and Geolo-gists, to serve for a term of six years or until his successor is appointedand qualified, but not longer than six months beyond that period, viceTara Egan, Harrisburg, whose term expired.

EDWARD G. RENDELLGovernor

Page 7: COMMONWEALTH OF PENNSYLVANIA · 2009. 1. 20. · Heppenstall, Jr., Pittsburgh, resigned. EDWARD G. RENDELL Governor SECRETARY OF ENVIRONMENTAL PROTECTION January 6, 2009 To the Honorable,

SECRETARY OF REVENUE

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

2009 LEGISLATIVE JOURNAL - SENATE 45

MEMBER OF THE STATE BOARD OF CERTIFIEDREAL ESTATE APPRAISERS

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Daniel A. Bradley, 127 CrestwoodDrive, Sarver 16055, Butler County, Fortieth Senatorial District, forreappointment as a member of the State Board of Certified Real EstateAppraisers, to serve for a term of fours [sic] years and until his succes-sor is appointed and qualified, but not longer than six months beyondthat period.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATEREAL ESTATE COMMISSION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Annie Hanna Cestra, 910 WestWaldheim Road, Pittsburgh 15215, Allegheny County, Thirty-eighthSenatorial District, for reappointment as a member of the State RealEstate Commission, to serve for a term of five years or until her succes-sor is appointed and qualified, but not longer than six months beyondthat period.

EDWARD G. RENDELLGovernor

Road, Wellsboro 16901, Tioga County, Twenty-fifth Senatorial District,for appointment as a member of the State Board of Social Workers,Marriage and Family Therapists and Professional Counselors, to servefor a term of four years and until her successor is appointed and quali-fied, but not longer than six months beyond that period, vice ChristineL. Hudson, Pittsburgh, whose term expired.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARD OF EXAMINERSIN SPEECH-LANGUAGE AND HEARING

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Dr. Sean C. Campbell, 100 EdgewoodDrive, York 17403, York County, Twenty-eighth Senatorial District, forreappointment as a member of the State Board of Examiners in Speech-Language and Hearing, to serve for a term of three years and until hissuccessor is appointed and qualified, but not longer than six monthsbeyond that period.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARD OF EXAMINERSIN SPEECH-LANGUAGE AND HEARING

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Jeane Violon Singer, PhD, 1001Greenbriar Drive, State College 16801, Centre County, Thirty-fourthSenatorial District, for appointment as a member of the State Board ofExaminers in Speech-Language and Hearing, to serve until September24, 2010, and until her successor is appointed and qualified, but notlonger than six months beyond that period, vice Margaret QuinnMariotti, resigned.

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, The Honorable Stephen H. Stetler,932 S. Beaver Street, York 17403, York County, Twenty-eighth Senato-rial District, for appointment as Secretary of Revenue, to serve until thethird Tuesday of January 2011, and until his successor is appointed andqualified, vice The Honorable Tom W. Wolf, Mount Wolff, resigned.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARD OF SOCIALWORKERS, MARRIAGE AND FAMILY THERAPISTS

AND PROFESSIONAL COUNSELORS

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Nancy L. Sidell, Ph.D., 139 Park

EDWARD G. RENDELLGovernor

COMMONWEALTH TRUSTEE OF TEMPLEUNIVERSITY OF THE COMMONWEALTH SYSTEM

OF HIGHER EDUCATION

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Robert A. Rovner, Esquire, 1124Springmont Circle, Bryn Mawr 19010, Delaware County, SeventeenthSenatorial District, for reappointment as a Commonwealth Trustee ofTemple University of the Commonwealth System of Higher Education,to serve until October 14, 2012, and until his successor is appointed andqualified.

EDWARD G. RENDELLGovernor

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January 16, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

46 LEGISLATIVE JOURNAL - SENATE JANUARY 20,

MEMBER OF THE BOARD OF TRUSTEESOF THE WARREN STATE HOSPITAL

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Carmen N. Ferranto, 208 ConewangoStreet, PO Box 305, Russell 16345, Warren County, Twenty-first Sena-torial District, for appointment as a member of the Board of Trustees ofthe Warren State Hospital, to serve until the third Tuesday of January2009, and until his successor is appointed and qualified, vice GeraldineSpero, Erie, resigned.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF TRUSTEES OFWERNERSVILLE STATE HOSPITAL

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Beverly Kuzmission, 70 MedinahDrive, Reading 19607, Berks County, Eleventh Senatorial District, forappointment as a member of the Board of Trustees of Wernersville[data missing] Hospital, to serve until the third Tuesday of January2013, and until her successor is appointed and qualified, vice KristinKeech, York, resigned.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF TRUSTEESOF POLK CENTER

January 12, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

Avenue, Philadelphia 19143, Philadelphia County, Eighth SenatorialDistrict, for appointment as a member of the Pennsylvania Public Tele-vision Network Commission, to serve for a term of six years or until hersuccessor is appointed and qualified, but not longer than six monthsbeyond that period, vice Steven Aaron, Harrisburg, whose term expired.

EDWARD G. RENDELLGovernor

MAGISTERIAL DISTRICT JUDGE

January 12, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, B.J. Clark, 611 East Darby Road,Havertown 19083, Delaware County, Seventeenth Senatorial District,for appointment as Magisterial District Judge, in and for the County ofMercer, Magisterial District 35-3-02, to serve until the first Monday ofJanuary 2010, vice Lawrence T. Silvis, resigned.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF TRUSTEESOF POLK CENTER

January 15, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Reverend Jack A. Kyle, 1324 Chest-nut Street, Franklin 16323, Venango County, Twenty-first SenatorialDistrict, for appointment as a member of the Board of Trustees of PolkCenter, to serve until the third Tuesday of January 2013, and until hissuccessor is appointed and qualified, vice Vickie L. Garfield, Titusville,resigned.

EDWARD G. RENDELLGovernor

BRIGADIER GENERAL, PENNSYLVANIAAIR NATIONAL GUARD

In conformity with law, I have the honor hereby to nominate for theadvice 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 Polk Center,to serve until the third Tuesday of January 2013, and until his successoris appointed and qualified, vice Vickie L. Garfield, Titusville, resigned.

EDWARD G. RENDELLGovernor

MEMBER OF THE PENNSYLVANIA PUBLICTELEVISION NETWORK COMMISSION

January 12, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Nora Peterman, 4634 Larchwood

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Colonel John E. Murphy, 132Stonebridge Drive, Oakdale 15071, Allegheny County, Thirty-seventhSenatorial District, for appointment as Brigadier General, LINE, withassignment as Director of Operations, Pennsylvania Air National Guard,to serve until terminated, vice Colonel Gregg Marston, retired.

EDWARD G. RENDELLGovernor

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2009 LEGISLATIVE JOURNAL - SENATE 47

BRIGADIER GENERAL, PENNSYLVANIAARMY NATIONAL GUARD

January 16, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Colonel Walter T. Lord, 416 HuronDrive, Mechanicsburg 17050, Cumberland County, Thirty-first Senato-rial District, for appointment as Brigadier General, GOL, with assign-ment as Assistant Division Commander, Headquarters, 28th InfantryDivision, Pennsylvania Army National Guard, to serve until terminated,vice Brigadier General James R. Joseph, transferring.

EDWARD G. RENDELLGovernor

MAJOR GENERAL, PENNSYLVANIAARMY NATIONAL GUARD

January 16, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Brigadier General Jerry G. Beck, Jr.,20 Egret Circle, Denver 17517, Lancaster County, Thirty-sixth Senato-rial District, for appointment as Major General, AGC, with assignmentas Assistant Adjutant General, Joint Force Headquarters, PennsylvaniaArmy National Guard, to serve until terminated, vice Major GeneralRobert P. French, retiring.

EDWARD G. RENDELLGovernor

MAJOR GENERAL, PENNSYLVANIAARMY NATIONAL GUARD

January 16, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Brigadier General James R. Joseph,103 West 20th Street, Hazleton 18201, Luzerne County, FourteenthSenatorial District, for appointment as Major General, AGC, with as-signment as Army National Guard Special Assistant, PennsylvaniaArmy National Guard, to serve until terminated, vice Brigadier GeneralRandall R. Marchi, transferring.

EDWARD G. RENDELLGovernor

MAJOR GENERAL, PENNSYLVANIAARMY NATIONAL GUARD

January 16, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for theadvice and consent of the Senate, Brigadier General Randall R. Marchi,313 West Meadow Drive, Mechanicsburg 17055, Cumberland County,

Thirty-first Senatorial District, for appointment as Major General, GOL,with assignment as Commander, Headquarters, 28`' Infantry Division,Pennsylvania Army National Guard, to serve until terminated, viceBrigadier General Jerry G. Beck, Jr., transferring.

EDWARD G. RENDELLGovernor

RECALL COMMUNICATIONSREFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following com-munications in writing from His Excellency, the Governor of theCommonwealth, which were read as follows and referred to theCommittee on Rules and Executive Nominations:

SECRETARY OF HEALTH

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination datedDecember 16, 2008, for the appointment of B.J. Clark, 611 East DarbyRoad, Havertown 19083, Delaware County, Seventeenth SenatorialDistrict, as Secretary of Health, to serve until the third Tuesday of Janu-ary 2011, and until his successor is appointed and qualified, vice TheHonorable Calvin B. Johnson, Philadelphia, resigned.

I respectfully request the return to me of the official message ofnomination on the premises.

EDWARD G. RENDELLGovernor

MEMBER OF THE STATE BOARD OF EXAMINERSIN SPEECH-LANGUAGE AND HEARING

January 6, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination datedDecember 2, 2008, for the appointment of Stephanie Moore, R.R. 2,Box 397, Millerstown 17062, Juniata County, Thirty-fourth SenatorialDistrict, as a member of the State Board of Examiners in Speech-Lan-guage and Hearing, to serve until September 24, 2010, and until hersuccessor is appointed and qualified, but not longer than six monthsbeyond that period, vice Margaret Quinn Mariotti, Clarks Summit,resigned.

I respectfully request the return to me of the official message ofnomination on the premises.

EDWARD G. RENDELLGovernor

MEMBER OF THE BOARD OF TRUSTEESOF POLK CENTER

January 15, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated

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48 LEGISLATIVE JOURNAL - SENATE JANUARY 20,

January 12, 2009, for the appointment of Sam Cohn, 491 Hillside Drive,Mountville 17554, Lancaster County, Thirty-sixth Senatorial District,as a member of the Board of Trustees of Polk Center, to serve until thethird Tuesday of January 2013, and until his successor is appointed andqualified, vice Vickie L. Garfield, Titusville, resigned.

I respectfully request the return to me of the official message ofnomination on the premises.

EDWARD G. RENDELLGovernor

CORRECTION TO NOMINATIONREFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following com-munication in writing from His Excellency, the Governor of theCommonwealth, which was read as follows and referred to theCommittee on Rules and Executive Nominations:

MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

January 15, 2009

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

Please note the nomination dated January 6, 2009, for the appoint-ment of Thomas M. Sweitzer, 736 Harvard Avenue, Swarthmore 19081,Delaware County, Ninth Senatorial District, for appointment as a mem-ber of the Board of Governors of the State System of Higher Education,to serve until December 31, 2010, and until his successor is appointedand qualified, vice David Holveck, Malvern, resigned, should be cor-rected to read:

Thomas M. Sweitzer, 736 Harvard Avenue, Swarthmore 19081,Delaware County, Twenty-sixth Senatorial District, for appointment asa member of the Board of Governors of the State System of HigherEducation, to serve until December 31, 2010, and until his successor isappointed and qualified, vice David Holveck, Malvern, resigned.

EDWARD G. RENDELLGovernor

BILLS INTRODUCED AND REFERRED

The PRESIDENT laid before the Senate the following SenateBills numbered, entitled, and referred as follows, which wereread by the Clerk:

January 20, 2009

Senators KITCHEN, FERLO, STOUT, WILLIAMS,FONTANA, WASHINGTON, TOMLINSON, RAFFERTY,BROWNE, O'PAKE, LOGAN and FARNESE, presented to theChair SB 21, entitled:

An Act providing for green work force training and for a transferof funding.

Which was committed to the Committee on LABOR ANDINDUSTRY, January 20, 2009.

Senators KITCHEN, FONTANA, WILLIAMS,WASHINGTON, BROWNE, M. WHITE, KASUNIC, FERLO,O'PAKE and FARNESE, presented to the Chair SB 22, entitled:

An Act amending the act of June 13, 1967 (P.L.3 1, No.21), knownas the Public Welfare Code, in public assistance, providing for atraining and education program for certain individuals eligible forpublic assistance.

Which was committed to the Committee on PUBLICHEALTH AND WELFARE, January 20, 2009.

Senators KITCHEN, WILLIAMS, FONTANA,WASHINGTON, STOUT, MUSTO, ERICKSON, FOLMER,PIPPY, BAKER, ORIE, RAFFERTY, BROWNE,GREENLEAF, KASUNIC, EARLL, FERLO, O'PAKE, LOGANand FARNESE, presented to the Chair SB 23, entitled:

An Act amending the act of April 9, 1929 (P.L.177, No.175),known as The Administrative Code of 1929, in powers and duties of theDepartment of Public Welfare and its departmental administrative andadvisory boards and commissions, providing for eligibility forsubsidized child day care.

Which was committed to the Committee on PUBLICHEALTH AND WELFARE, January 20, 2009.

Senators KITCHEN, FONTANA, WASHINGTON,RAFFERTY, KASUNIC, FERLO and LOGAN presented to theChair SB 24, entitled:

An Act providing for requirements relating to portable fireextinguishers and for enforcement and penalties.

Which was committed to the Committee on URBAN AF-FAIRS AND HOUSING, January 20, 2009.

Senators KITCHEN, FONTANA, MUSTO, WASHINGTONand FERLO presented to the Chair SB 25, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) of thePennsylvania Consolidated Statutes, in judgments and other liens,providing for exemption from certain money judgments of hospitals.

Which was committed to the Committee on JUDICIARY,January 20, 2009.

Senators WASHINGTON, FONTANA, GREENLEAF,KITCHEN and WILLIAMS, presented to the Chair SB 26,

entitled:An Act amending the act of July 9, 1976 (P.L.817, No.143), known

as the Mental Health Procedures Act, further providing forconfidentiality of records.

Which was committed to the Committee on JUDICIARY,January 20, 2009.

Senators WASHINGTON, FONTANA, GREENLEAF,KITCHEN and WILLIAMS, presented to the Chair SB 27,

entitled:An Act amending Title 18 (Crimes and Offenses) of the

Pennsylvania Consolidated Statutes, providing for a limit on handgunpurchases and sales; and establishing the Violence Prevention Fund.

Which was committed to the Committee on JUDICIARY,January 20, 2009.

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2009 LEGISLATIVE JOURNAL - SENATE CAS

Senators WASHINGTON, ALLOWAY, BROWNE, ORIE,KITCHEN, WILLIAMS and TARTAGLIONE presented to theChair SB 28, entitled:

An Act amending the act of December 30, 2002 (P.L.2088,No.236), entitled "An act providing for the designation and use ofcertain State office buildings; and making a repeal," designating theNorth Office Building as the Secretary C. Delores Tucker OfficeBuilding.

Which was committed to the Committee on STATE GOV-ERNMENT, January 20, 2009.

Senators WASHINGTON, FERLO, WILLIAMS, STOUT,BROWNE and KITCHEN presented to the Chair SB 29,entitled:

An Act providing for the requirement of carbon monoxidedetectors.

Which was committed to the Committee on URBAN AF-FAIRS AND HOUSING, January 20, 2009.

Senators WASHINGTON, BROWNE, FERLO, FONTANA,ORIE and GREENLEAF presented to the Chair SB 30, entitled:

An Act amending the act of March 10, 1949 (P.L.30, No.14),known as the Public School Code of 1949, providing for abuseidentification training.

Which was committed to the Committee on EDUCATION,January 20, 2009.

Senators WASHINGTON, BROWNE, FONTANA,TARTAGLIONE and WILLIAMS presented to the Chair SB 31,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 thedefinition of "eligible provider" in Pennsylvania Pre-K Counts Program.

Which was committed to the Committee on EDUCATION,January 20, 2009.

Senators WASHINGTON, FERLO, TARTAGLIONE,FONTANA and KITCHEN presented to the Chair SB 32,entitled:

An Act requiring long-term care nursing facilities to maintaincertain staffing levels in order to protect the health and safety ofresidents and employees; providing for powers and duties of theDepartment of Health; and imposing civil penalties.

Which was committed to the Committee on PUBLICHEALTH AND WELFARE, January 20, 2009.

Senators PILEGGI, SCARNATI, MELLOW, ALLOWAY,ORIE, RAFFERTY, FERLO, FOLMER, ROBBINS, O'PAKE,TARTAGLIONE, EARLL, KASUNIC, TOMLINSON,PICCOLA, McILHINNEY, STACK and PIPPY presented to theChair SB 33, entitled:

An Act amending the act of June 3, 1937 (P.L.1333, No.320),known as the Pennsylvania Election Code, further providing forrestrictions on alteration of boundaries of election districts.

Which was committed to the Committee on STATE GOV-ERNMENT, January 20, 2009.

Senators PILEGGI, O'PAKE, TOMLINSON, M. WHITE,WOZNIAK, PIPPY, ORIE, SMUCKER, VANCE, ERICKSON,MUSTO, BAKER, RAFFERTY, CORMAN, COSTA,ALLOWAY, ROBBINS, WAUGH, EARLL, KASUNIC andBRUBAKER presented to the Chair SB 34, entitled:

An Act amending the act of December 4, 1996 (P.L.911, No.147),known as the Telemarketer Registration Act, further providing fordefinitions and for registration requirement; and providing for unwantedautomatic political calls.

Which was committed to the Committee on STATE GOV-ERNMENT, January 20, 2009.

Senators TARTAGLIONE, FONTANA, WASHINGTON,WILLIAMS, HUGHES and KITCHEN presented to the ChairSB 35, entitled:

An Act amending Title 18 (Crimes and Offenses) of thePennsylvania Consolidated Statutes, in firearms and other dangerousarticles, further providing for registration of firearms; and providing formandatory registration of firearms in cities of the first class and fortransfer of firearms.

Which was committed to the Committee on JUDICIARY,January 20, 2009.

Senators TARTAGLIONE, FONTANA, WASHINGTON,WILLIAMS, HUGHES and KITCHEN presented to the ChairSB 36, entitled:

An Act amending Title 18 (Crimes and Offenses) of thePennsylvania Consolidated Statutes, in firearms and other dangerousarticles, providing for report of theft or loss of a firearm.

Which was committed to the Committee on JUDICIARY,January 20, 2009.

Senators GREENLEAF, FONTANA, WILLIAMS,BROWNE, RAFFERTY, EARLL and O'PAKE presented to theChair SB 37, entitled:

An Act amending the act of June 26, 2001 (P.L.755, No.77), knownas the Tobacco Settlement Act, in health investment insurance, addingdefinitions, expanding adult basic coverage insurance; and providing fora health insurance tax credit for small employers.

Which was committed to the Committee on BANKING ANDINSURANCE, January 20, 2009.

Senators GREENLEAF, FONTANA, BROWNE,RAFFERTY, EARLL and O'PAKE presented to the Chair SB

38, entitled:An Act requiring the Insurance Department to develop various

standardized basic health insurance plans that insurers may offer toindividuals and small employers; and providing for the filing of rates byinsurers and for disclosure statement.

Which was committed to the Committee on BANKING ANDINSURANCE, January 20, 2009.

Senators GREENLEAF, CORMAN, FONTANA, BROWNE,RAFFERTY, EARLL and O'PAKE presented to the Chair SB

39, entitled:

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50 LEGISLATIVE JOURNAL - SENATE JANUARY 20,

An Act authorizing privately established and operated healthinsurance purchasing cooperatives; and providing for the regulation ofhealth insurance purchasing cooperatives by the Insurance Department.

Which was committed to the Committee on BANKING ANDINSURANCE, January 20, 2009.

Senators GREENLEAF, TOMLINSON, WASHINGTON,ERICKSON, STOUT, GORDNER, WILLIAMS, BROWNE, M.WHITE, KASUNIC and O'PAKE presented to the Chair SB 40,entitled:

An Act establishing the Child Welfare Workers Loan ForgivenessProgram for Commonwealth residents who graduate from institutionsof higher education and who apply their degrees to careers in childwelfare work.

Which was committed to the Committee on EDUCATION,January 20, 2009.

Senators GREENLEAF, ORIE, WASHINGTON,RAFFERTY, FERLO, EARLL, WAUGH and O'PAKEpresented to the Chair SB 41, entitled:

An Act amending the act of March 20, 2002 (P.L.154, No.13),known as the Medical Care Availability and Reduction of Error (Mcare)Act, in insurance, further providing for medical professional liabilityinsurance.

Which was committed to the Committee on BANKING ANDINSURANCE, January 20, 2009.

Senators GREENLEAF, TARTAGLIONE, FONTANA,ORIE, WASHINGTON, GORDNER, RAFFERTY, FERLO,WAUGH and O'PAKE presented to the Chair SB 42, entitled:

An Act amending the act of March 20, 2002 (P.L.154, No.13),known as the Medical Care Availability and Reduction of Error (Mcare)Act, in insurance, further providing for Medical Care Availability andReduction of Error Fund.

Which was committed to the Committee on BANKING ANDINSURANCE, January 20, 2009.

Senators TARTAGLIONE, FONTANA, RAFFERTY,WASHINGTON, MUSTO, HUGHES, STOUT, O'PAKE,BROWNE, KITCHEN, ORIE and LOGAN presented to theChair SB 43, entitled:

An Act relating to the delivery of services and programs to personswith disabilities; conferring powers and duties on the Office of theGovernor; and creating the Office for People with Disabilities andAdvisory Committee for People with Disabilities; and providing for itspowers, duties and funding.

Which was committed to the Committee on STATE GOV-ERNMENT, January 20, 2009.

Senators GREENLEAF, TARTAGLIONE, ORIE,WASHINGTON, LEACH, WILLIAMS, M. WHITE, O'PAKE,KITCHEN and LOGAN presented to the Chair SB 44, entitled:

An Act amending the act of April 12, 1951 (P.L.90, No.2 1), knownas the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,No.14), in licenses and regulations, further providing for the sale ofcertain containers of malt or brewed beverages by distributors andimporting distributors.

Which was committed to the Committee on LAW AND JUS-TICE, January 20, 2009.

Senators GREENLEAF, FONTANA, WASHINGTON,FERLO, COSTA and O'PAKE presented to the Chair SB 45,entitled:

An Act amending the act of January 24, 1966 (1965 P.L.1527,No.535), known as the Landscape Architects' Registration Law, furtherproviding for application for license and qualifications and experiencerequirements of applicants and for continuing education.

Which was committed to the Committee on CONSUMERPROTECTION AND PROFESSIONAL LICENSURE, January20, 2009.

Senators GREENLEAF, RAFFERTY, FONTANA,WASHINGTON, BROWNE, O'PAKE and KITCHEN presentedto the Chair SB 46, entitled:

An Act amending the act of November 24, 1976 (P.L.1176,No.261), known as the Mobile Home Park Rights Act, further providingfor disclosure of fees; and making editorial changes.

Which was committed to the Committee on CONSUMERPROTECTION AND PROFESSIONAL LICENSURE, January20, 2009.

Senators ROBBINS, MELLOW and LOGAN presented to theChair SB 47, entitled:

An Act amending the act of June 13, 1967 (P.L.3 1, No.21), knownas the Public Welfare Code, further providing for establishment ofcounty boards and expenses.

Which was committed to the Committee on PUBLICHEALTH AND WELFARE, January 20, 2009.

Senators GREENLEAF and COSTA presented to the ChairSB 48, entitled:

An Act providing for the acquisition and operation of the HorshamJoint Interagency Installation and limitation on use of installation.

Which was committed to the Committee on VETERANSAFFAIRS AND EMERGENCY PREPAREDNESS, January 20,2009.

Senators GREENLEAF, TARTAGLIONE,EICHELBERGER, RAFFERTY, FERLO, BAKER and COSTApresented to the Chair SB 49, entitled:

An Act amending Title 23 (Domestic Relations) of the Pennsylva-nia Consolidated Statutes, in alimony and support, repealing and addingprovisions relating to alimony; repealing provisions relating to bar toalimony and to effect of death on either party on the payment or receiptof alimony; and making an editorial change.

Which was committed to the Committee on JUDICIARY,January 20, 2009.

Senators GREENLEAF, TARTAGLIONE, ALLOWAY and

LOGAN presented to the Chair SB 50, entitled:An Act amending the act of December 17, 1968 (P.L.1224,

No.387), known as the Unfair Trade Practices and Consumer ProtectionLaw, further providing for dog purchaser protection.

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2009 LEGISLATIVE JOURNAL - SENATE 51

Which was committed to the Committee on CONSUMERPROTECTION AND PROFESSIONAL LICENSURE, January20, 2009.

Senators GREENLEAF, TARTAGLIONE, ERICKSON,MUSTO, ORIE, WILLIAMS, RAFFERTY, BROWNE,KASUNIC, WAUGH, O'PAKE, KITCHEN, STACK andLOGAN presented to the Chair SB 51, entitled:

An Act providing for an exemption from increases in school realproperty taxes for eligible taxpayers because of their age and incomelevel and for the reimbursement of school districts by theCommonwealth.

Which was committed to the Committee on FINANCE, Janu-ary 20, 2009.

Senators GREENLEAF, WOZNIAK, TARTAGLIONE,TOMLINSON, WILLIAMS, D. WHITE, KASUNIC andO'PAKE presented to the Chair SB 52, entitled:

An Act amending Titles 24 (Education) and 71 (State Government)of the Pennsylvania Consolidated Statutes, in membership,contributions and benefits, further providing for eligibility for limitedearly retirement.

Which was committed to the Committee on FINANCE, Janu-ary 20, 2009.

Senators GREENLEAF, TARTAGLIONE, RAFFERTY,FERLO, BROWNE, COSTA, O'PAKE and KITCHEN presentedto the Chair SB 53, entitled:

An Act amending Title 20 (Decedents, Estates and Fiduciaries) ofthe Pennsylvania Consolidated Statutes, in intestate succession, furtherproviding for forfeiture; in wills, further providing for modification ofwills; in grant of letters, further providing for advertisement of grant ofletters; in administration and personal representatives, further providingfor duty of personal representative; in apportionment of death taxes,further providing for enforcement of contribution or exoneration ofFederal estate tax; in powers of attorney, further providing forimplementation of power of attorney; in estates, further providing forapplicability of rule against perpetuities and for modification ofconveyance by divorce and for effect of divorce on designation ofbeneficiaries; in trusts, further providing for notice of representation, forcreditor's claim against settlor, for actions contesting validity ofrevocable trusts, for claims and distribution after settlor's death, fortrustee's duty to inform and report, for illustrative powers of trustee andfor limitation of action against trustee; in principal and income, furtherproviding for power to convert to unitrust and for retirement benefits,individual retirement accounts, deferred compensation, annuities andsimilar payments; and making conforming amendments to Title 15.

Which was committed to the Committee on JUDICIARY,January 20, 2009.

Senator PICCOLA presented to the Chair SB 54, entitled:An Act authorizing the Department of General Services, with the

approval of the Governor, to grant and convey to SusquehannaTownship a pedestrian easement through certain lands situate inSusquehanna Township, Dauphin County.

Which was committed to the Committee on STATE GOV-ERNMENT, January 20, 2009.

Senators PICCOLA, BROWNE, TOMLINSON,EICHELBERGER, PIPPY, ORIE, RAFFERTY and WAUGHpresented to the Chair SB 55, 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 forbackground checks of prospective employees and for conviction ofemployees of certain offenses.

Which was committed to the Committee on EDUCATION,January 20, 2009.

Senators PICCOLA, BROWNE, RAFFERTY,TOMLINSON, ORIE, YAW and O'PAKE presented to the ChairSB 56, 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, inprovisions relating to safe schools, for definitions, for the Office forSafe Schools and for reporting by school entities.

Which was committed to the Committee on EDUCATION,January 20, 2009.

Senators PICCOLA, VANCE, COSTA, RAFFERTY,ALLOWAY and LOGAN presented to the Chair SB 57, entitled:

An Act amending the act of April 9, 1929 (P.L.177, No.175),known as The Administrative Code of 1929, removing references to theBoard of Trustees of Harrisburg State Hospital.

Which was committed to the Committee on PUBLICHEALTH AND WELFARE, January 20, 2009.

Senators PICCOLA, WAUGH, ORIE, RAFFERTY andBROWNE presented to the Chair SB 58, entitled:

An Act amending the act of July 9, 1976 (P.L.817, No.143), knownas the Mental Health Procedures Act, further providing forincompetence to proceed on criminal charges and lack of criminalresponsibility as defense.

Which was committed to the Committee on JUDICIARY,January 20, 2009.

Senators PICCOLA, KASUNIC and O'PAKE presented to theChair SB 59, entitled:

An Act amending the act of June 13, 1967 (P.L.3 1, No.21), knownas the Public Welfare Code, further providing for application forregistration certificate, for issuance of registration certificate and forrecords; providing for disclosure; and further providing for emergencyclosure.

Which was committed to the Committee on PUBLICHEALTH AND WELFARE, January 20, 2009.

RESOLUTION INTRODUCED AND REFERRED

The PRESIDENT laid before the Senate the following SenateResolution numbered, entitled, and referred as follows, whichwas read by the Clerk:

January 20, 2009

Senators KITCHEN, WASHINGTON, WILLIAMS,TARTAGLIONE, FONTANA, BRUBAKER, ORIE, FERLO,

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January 16, 2009

Sincerely,

MARLENE BRENNERSecretary

COMMONWEALTH OF PENNSYLVANIATreasury DepartmentHarrisburg, PA 17120

52 LEGISLATIVE JOURNAL - SENATE JANUARY 20,

STOUT, RAFFERTY, ALLOWAY, TOMLINSON, PILEGGI,PICCOLA, WONDERLING and FARNESE, presented to theChair SR 5, entitled:

A Resolution designating the month of February 2009 as "BlackHistory Month" in Pennsylvania.

Which was committed to the Committee on RULES ANDEXECUTIVE NOMINATIONS, January 20, 2009.

GENERAL COMMUNICATIONS

ANNUAL REPORT OF THE BOARD OF DIRECTORSOF CITY TRUSTS OF PHILADELPHIA

The PRESIDENT laid before the Senate the following com-munication, which was read by the Clerk as follows:

BOARD OF DIRECTORS OF CITY TRUSTSActing for the City of Philadelphia, Trustee

21 South 12th StreetPhiladelphia, PA 19107-3607

December 2, 2008

Mr. Mark R. CorriganSecretary-Parliamentarian of the SenateCommonwealth of Pennsylvania462 Capitol BuildingSenate Box 203053Harrisburg, PA 17120-3053

Dear Mr. Corrigan:

I am pleased to enclose herewith the One Hundred Thirty-EighthAnnual Report of the Board of Directors of City Trusts acting for theCity of Philadelphia, Trustee.

for your review and information. These regularly issued status reportsare an essential component of the oversight of local government pensionplans exercised by the Governor and General Assembly. This oversightis warranted because Pennsylvania's pension plans for local governmentemployees, when viewed in the aggregate, represent one of the largestretirement systems in the nation.

In conjunction with its mandated responsibility to coordinate policydevelopment for the Commonwealth's public employee retirement sys-tems, the Commission endeavors to use the status reports on local gov-ernment pension plans to focus the attention of State policymakers onthe specific issues and reform measures that it views as warranting at-tention. More than two decades have passed since the first status reportwas issued pursuant to the Municipal Pension Plan Funding Standardand Recovery Act (Act 205 of 1984), and the Commission believes it istime for the Commonwealth to move beyond that landmark municipalpension reform statute.

First, the provisions of Act 205 of 1984 need to be updated to re-flect the passage of time and expanded to accommodate new circum-stances. Second, legislation to begin the necessary consolidation ofmunicipal pension plans needs to be enacted. And finally, the pensionplan reporting standards applicable to all cities, boroughs, townshipsand authorities need to be extended to counties.

On behalf of the Commission, I am hopeful that you will find thisreport to be informative and useful.

Sincerely,

A. CARVILLE FOSTER, JR.Chairman

The PRESIDENT. This report will be filed in the Library.

2007-08 ANNUAL REPORT ON THETUITION ACCOUNT PROGRAM

The PRESIDENT laid before the Senate the following com-munication, which was read by the Clerk as follows:

The PRESIDENT. This report will be filed in the Library.

BIENNIAL REPORT OF THE PUBLIC EMPLOYEERETIREMENT COMMISSION ON

LOCAL GOVERNMENT PENSION PLANS

The PRESIDENT laid before the Senate the following com-munication, which was read by the Clerk as follows:

COMMONWEALTH OF PENNSYLVANIAPublic Employee Retirement Commission

P.O. Box 1429, Harrisburg, PA 17105-1429

January 13, 2009

Mr. Mark R. CorriganSecretary of the SenateSenate of PennsylvaniaCommonwealth of Pennsylvania462 Main CapitolHarrisburg, PA 17120

Dear Mr. Corrigan:

The Commission is hereby submitting its twelfth biennial report onthe status of the Commonwealth's 3,100 local government pension plans

Mr. Mark R. CorriganSecretary of the SenateSenate of PennsylvaniaRoom 462 Main Capitol BuildingHarrisburg, Pennsylvania 17120

Dear Mr. Corrigan:

Attached please find the Fifteenth Annual Report on the TuitionAccount Program (nowU). The Treasury Department and the TuitionAccount Program Advisory Board submit this report for Fiscal Year2007-2008 pursuant to the Tuition Account Program's enabling legisla-tion.

As detailed in the report, the turmoil in both the financial marketsand the economy has negatively impacted the Program -- starting infiscal year 2007-08 and continuing through the present. Because ofinvestment losses, since the close of the fiscal year, the values of theassets in both the Investment Plan and the Guaranteed Savings Planhave declined--despite continued steady contributions--and the actuarialdeficit in the Guaranteed Savings Plan has worsened. As of September30, 2008, the actuarial analysis projects that the Guaranteed SavingsPlan has adequate assets to cover anticipated withdrawals for a decade.

Participation in both plans remains steady, however. In fact, com-paring the first half of fiscal year 2008-09 with that of 2007-08 showsan increase of 26 percent in the number of new Guaranteed SavingsPlan accounts that were opened and a 13 percent increase in the amountof contributions made. Neither program has experienced a significant

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2009 LEGISLATIVE JOURNAL — SENATE 53

increase in funds being withdrawn for purposes other than paying forqualified college expenses.

While periodic fluctuations in the market are anticipated, the cur-rent situation requires heightened diligence. The impact on the Guaran-teed Savings Plan is of particular concern because the guarantee of thePlan is backed by the Plan's Fund alone and not by any other aspect ofthe Commonwealth. Now would be a good time to begin a dialogue onhow to strengthen the Plan's ability to withstand serious and prolongeddownturns in the financial markets. The Treasury Department has begunto identify some potential options and stands ready to join in any dia-logue or assist you in any other way.

Please feel free to contact us if you have any questions regardingthe Tuition Account Program.

Sincerely,

ROBIN L. WIESSMANNState Treasurer

The PRESIDENT. This report will be filed in the Library.

APPOINTMENT BY THEPRESIDENT PRO TEMPORE

The PRESIDENT. The Chair wishes to announce the Presi-dent pro tempore has made the following appointment:

Mr. Todd Nyquist as Staff Administrator for the MajorityCaucus for the 2009-10 Sessions.

APPOINTMENT OF MEMBERS PURSUANTTO SENATE RESOLUTION No. 135 OF 2Q07

The PRESIDENT. The Chair wishes to announce the Minor-ity Leader has made the following appointments:

Senator Shirley M. Kitchen as a member of the Joint StateGovernment Commission Task Force to study the distributionand use of methadone created pursuant to Senate Resolution No.135 of 2007.

Senator Anthony H. Williams as a member of the Joint StateGovernment Commission Task Force to study the distributionand use of methadone created pursuant to Senate Resolution No.135 of 2007.

APPOINTMENT OF MEMBERS PURSUANTTO SENATE RESOLUTION No. 194 OF 2007

The PRESIDENT. The Chair wishes to announce the Minor-ity Leader has made the following appointments:

Senator James Ferlo as a member of the Joint State Govern-ment Commission Task Force to create an advisory committee toreview, update, and codify Pennsylvania's public health law,created pursuant to Senate Resolution No. 194 of 2007.

Senator Shirley M. Kitchen as a member of the Joint StateGovernment Commission Task Force to create an advisory com-mittee to review, update, and codify Pennsylvania's public healthlaw, created pursuant to Senate Resolution No. 194 of 2007.

APPOINTMENTS BY THEMINORITY LEADER

The PRESIDENT. The Chair wishes to announce the Minor-ity Leader has made the following appointments:

Senator Andrew E. Dinniman as a member of the EducationCommission of the States.

Senator James Ferlo as a member of the Pennsylvania Histori-cal and Museum Commission and as a member of the Port ofPittsburgh Commission.

Senator Wayne D. Fontana as a member of the Small BusinessPolicy Advisory Board.

Senator Raphael J. Musto as a member of the Recycling FundAdvisory Committee and as a member of the Pennsylvania Infra-structure Investment Authority (PENNVEST).

Senator John N. Wozniak as a member of the Small BusinessPolicy Advisory Board.

Mr. John Gedid, Esquire, as a member of the Board of Com-missioners on Uniform State Laws.

NOTIFICATION OF SPECIAL CEREMONY

The PRESIDENT. The Chair lays before the Senate a tran-script of the ceremony that took place in the Senate Chamberearlier today.

COMMONWEALTH OF PENNSYLVANIASENATE OF PENNSYLVANIA

In re: Swearing-in Proceedings of Senator-elect Sean Logan

Stenographic report of proceedingsheld in Senate Chamber, Main CapitolBuilding, Harrisburg, Pennsylvania

MondayJanuary 20, 2009

1:00 p.m.

LIEUTENANT GOVERNOR JOSEPH B. SCARNATI III, Presiding

HON. KEITH B. QUIGLEY, Senior Judge, Commonwealth Courtof Pennsylvania, Administering Oath of Office

Reported by:Ann-Marie P. SweeneyChief Official ReporterSenate of Pennsylvania

The PRESIDENT: Members and guests, please take your seats,and welcome to the Senate of Pennsylvania. Senator-elect Sean Lo-gan was unable to join us on January 6 when the other Senators-electwere sworn into office. Today we will have this brief ceremony toadminister the constitutional oath to him.

This ceremony will be opened with prayer. Prayer will be of-fered by the wife of Senator-elect Logan, Shannon Logan.

Members and guests will please rise.MRS. LOGAN: Let us pray.We gather here today to ask for God's continued grace and bless-

ing. Each day we are more thankful for the gifts that He has given,for the chance to share good and precious moments among familyand friends, for the joy to come in believing that great things can beachieved, for the faith that keeps us going forward each day, and forthe strength that comes to each of us when we confront and overcomechallenges.

Today we stand in God's presence to administer the oath of of-fice to my husband, Senator Sean Logan, and we all join together inwelcoming back other Members of the Senate who have alreadytaken their oaths and are prepared to do good works.

Gracious God, we ask for your guidance and wisdom. We askthat you aid the Members of this body so that they will make rightdecisions, and we ask that you continue to bless our Commonwealth

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54 LEGISLATIVE JOURNAL - SENATE JANUARY 20,

and this great nation. Today, in God's grace, we humbly pray.Amen.

The PRESIDENT: Members and guests, please remain standingfor the Pledge of Allegiance. The Chair would like to invite thedaughter of Senator-elect Logan, Ella Logan, to the rostrum to leadus in the Pledge at this time.

(Whereupon, the Pledge of Allegiance was recited by those as-sembled, led by ELLA LOGAN.)

The PRESIDENT: The Chair thanks Shannon and Ella Logan.Ella, you did a great job. You can come back again and lead us inthe Pledge of Allegiance.

The Chair lays before the Senate the following communicationsfrom the Secretary of the Commonwealth, which the clerk will read.

The CLERK. District 45, Sean Logan, Democrat, 85,334 votes.The PRESIDENT: For the record, the Secretary of the Com-

monwealth has also certified the Senator-elect has filed the accountsand affidavits as required by the election laws.

It's an honor and privilege to have with us today the HonorableKeith B. Quigley, Senior Judge of the Commonwealth Court of Penn-sylvania. He has kindly consented to be with us today to administerthe oath of office to Senator-elect Logan in accordance with Article6, Section 3, of the Pennsylvania Constitution. Will the Senator-electplease present himself, along with his Bible, at the bar of the Senate.

Members and guests, please rise.Judge Quigley will now administer the oath.Judge Quigley.JUDGE QUIGLEY: Place your left hand on the Bible, raise

your right hand, and repeat after me.I, state your name.SENATOR-ELECT LOGAN: I, Sean Logan.JUDGE QUIGLEY: Do solemnly swear.SENATOR-ELECT LOGAN: Do solemnly swear.JUDGE QUIGLEY: That I will support, obey, and defend the

Constitution of the United States.SENATOR-ELECT LOGAN: That I will support, obey, and

defend the Constitution of the United States.JUDGE QUIGLEY: And the Constitution of this Common-

wealth.SENATOR-ELECT LOGAN: And the Constitution of this

Commonwealth.JUDGE QUIGLEY: And that I will discharge the duties of my

office with fidelity.SENATOR-ELECT LOGAN: And I will discharge the duties of

my office with fidelity.JUDGE QUIGLEY: Congratulations.SENATOR LOGAN: Thank you.(Applause.)The PRESIDENT: This concludes today's ceremony.SENATOR MELLOW: Mr. President, before we conclude, I

wonder, is there any reason why the Senator that we just swore intooffice should make a speech to the Members of the Senate, or do youwant to forego that part for today's activities?

The PRESIDENT: The Chair would greatly appreciate submit-ting your remarks for the record. I haven't had lunch yet, but cer-tainly I would stay to hear what you had to say.

SENATOR LOGAN: I will put it on the record.The PRESIDENT: He kindly consents to putting his remarks on

the record.This concludes today's ceremony. The Chair would remind the

Members that the Senate will convene in Session today at 4 o'clock.We are now in recess.

(Whereupon, the proceedings were concluded at 1:10 p.m.)

I hereby certify that the proceedings and evidence are containedfully and accurately in the notes taken by me during the hearing ofthe within cause, and that this is a true and correct transcript of same.

ANN-MARIE P. SWEENEYChief Official ReporterSenate of Pennsylvania

THE FOREGOING CERTIFICATION DOES NOT APPLY TOANY REPRODUCTION OF THE SAME BY ANY MEANS UN-LESS UNDER THE DIRECT CONTROL AND/OR SUPERVISIONOF THE CERTIFYING REPORTER.

ANN-MARIE P. SWEENEYChief Official ReporterSenate of PennsylvaniaRoom 644, Main Capitol BuildingHarrisburg, PA 17120(717) 787-4205

UNFINISHED BUSINESSCONGRATULATORY RESOLUTIONS

The PRESIDENT laid before the Senate the following resolu-tions, which were read, considered, and adopted by voice vote:

Congratulations of the Senate were extended to the Inn atStarlight Lake by Senator Baker.

Congratulations of the Senate were extended to MichaelThomas Andrew by Senator Browne.

Congratulations of the Senate were extended to AnthonyHanna, Cindy McDonnell Feinberg and to J. Marshall Wolff bySenator Browne and others.

Congratulations of the Senate were extended to Mr. and Mrs.North F. Colyer and to First Sergeant Marty H. Book by SenatorCorman.

Congratulations of the Senate were extended to Chief RalphJ. Burton, Andrea B. Pettine and to Lance Nelson by SenatorDinniman.

Congratulations of the Senate were extended to Mary J. Braceby Senator Earll.

Congratulations of the Senate were extended to Mr. and Mrs.Bernard Taylor, Sr., by Senator Ferlo.

Congratulations of the Senate were extended to Mr. and Mrs.Edward E. Young by Senator Gordner.

Congratulations of the Senate were extended to Dr. RayMoyer, John Chaney and to Sarahann Claiborne by SenatorKitchen.

Congratulations of the Senate were extended to DominiqueShurtz and to Lincoln Borough Volunteer Fire and Rescue Com-pany No. 1 by Senator Logan.

Congratulations of the Senate were extended to Norine Kellyby Senators Logan and Costa.

Congratulations of the Senate were extended to Dr. TimothyD. Welby by Senator Mellow.

Congratulations of the Senate were extended to Alex G. Mat-thew and to Ryan Mark Gilbert by Senator O'Pake.

Congratulations of the Senate were extended to LindseyBurkland by Senator Pileggi.

Congratulations of the Senate were extended to Irina Sapiroby Senator Stack.

Congratulations of the Senate were extended to Mr. and Mrs.Frederick Lucas and to Harmony Area High School of Westoverby Senator D. White.

Congratulations of the Senate were extended to Mr. and Mrs.Michael Doty, Debbie Haines, Josh Dean, Dean Johnson and toTammy VanOrd by Senator M.J. White.

Congratulations of the Senate were extended to William C.Muthler, Sr., by Senator Wozniak.

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2009 LEGISLATIVE JOURNAL - SENATE 55

Congratulations of the Senate were extended to Mr. and Mrs.Edgar R. Lowe, Mr. and Mrs. Eugene Hennigan, Mr. and Mrs.James Remick, Mr. and Mrs. Douglas Brewer, Mr. and Mrs.Donald Rishcoff, Mr. and Mrs. Larry W. Eisenhart and to RonaldInsinger by Senator Yaw.

CONDOLENCE RESOLUTION

The PRESIDENT laid before the Senate the following resolu-tion, which was read, considered, and adopted by voice vote:

Condolences of the Senate were extended to the family of thelate Bernard J. Natriano by Senator Boscola.

PETITIONS AND REMONSTRANCES

The PRESIDENT. The Chair recognizes the gentleman fromLycoming, Senator Yaw.

Senator YAW. Mr. President, I would just like to state for therecord that a congratulatory resolution I sponsored deals with acoach from Loyalsock Township High School by the name ofRonald Insinger. He is one of five basketball coaches in theCommonwealth of Pennsylvania who have won more than 700games. The record is 802, and Coach Insinger is still goingstrong, so my guess is I will be back here in about 2 years offer-ing another resolution for setting the record in the Common-wealth. Thank you.

The PRESIDENT. The Chair recognizes the gentleman fromAllegheny, Senator Ferlo.

Senator FERLO. Mr. President, first of all, let me apologizeto you and my colleagues ahead of time for any lengthy com-ments that may be considered at this point on my part. So I willapologize, and if you need to pound the gavel and ask me to sub-mit for the record my concerns and comments, I will try to re-spect the wisdom of the President.

Mr. President, it is certainly a momentous occasion, obvi-ously, with today's events with the inauguration of the 44th Presi-dent, and I think it is important for us to reflect, at least in myown personal life, on the activities over the last 40 to 45 years.It is a very personal moment, not only for me but certainly forhundreds of thousands, if not millions, of Americans today withthe election of Senator Barack Obama, now our 44th Presidentof the United States. And I am reminded, because of the timing,not only of the inaugural event today but of the birthday of Dr.King himself on January 19, for which we all fought hard to havea national birthday and a national holiday.

There have been many editorials and a lot of commentary oflate, and many have written about what Dr. King would be advis-ing President Obama today if Dr. King had not been felled by thesword of racism and murdered so young in his life and so youngin his historic career.

Dr. King, very clearly in all of his writings and all of hisspeeches and all that he represented, was a tremendous individ-ual, but Dr. King also thought in terms of progressive phases ofhistory. He saw phase one of the American Freedom Movementas the struggle for legal integration, equal opportunity, and fullvoting rights. That struggle was most intense between 1955 and1965, crowned by the Civil Rights Act of 1964 and the VotingRights Act of 1965. This is what most people think of when theythink of the Reverend Dr. Martin Luther King, Jr.

After that, King demanded a phase two, which he defined asa struggle for economic equality. He did not mean we should allmake the same income, but that the playing field should be lev-eled somewhat for poor and low-income folks and the workingpeople of our nation. And to quote Dr. King, "Something iswrong with capitalism as it now stands in the United States. Ittakes necessities from the masses to give luxuries to the classes."

In phase two, Dr. King sought remedies for capitalism's de-fects. He launched his Poor People's Campaign, demonstratingand demanding that government divert funds being spent for war,and rather that those funds be spent for education, housing, andjobs. In fact, I spent my 18th birthday living in tent city as partof the Poor People's Campaign for a month in Washington, D.C.,right near the Reflecting Pool. Dr. King also went to Memphis tosupport a strike of sanitation workers, and I think it is importantthat we remember that the day that he was slain, he was fightingfor the economic rights of those fighting for union representationand a decent living wage. Dr. King said that "all labor has dig-nity" and supported unionization as a portal, as an opportunitytoward that decent life.

In phase two, King also vigorously challenged America's mili-tarist foreign policy. He saw the slaughter of millions inIndochina and Vietnam, and regrettably condemned this countryas the greatest purveyor of violence in the world today. Guns andbombs would never create security for anyone. Violent meanswould only produce violent ends. The massacre in Gaza and therockets hitting Israel today will undoubtedly demonstrate thetruth of that insight, unfortunately, once again.

Today, Dr. King would urge President Obama, I believe, tocontinue building a broad consensus for change: to pass newlabor laws, to help workers organize unions, to gain healthcare,such as a single-payer national healthcare plan for all Americans,and to put America back to work. I believe Dr. King would besupporting Senator Obama and urging his pledge to restore civilliberties and the rule of law after the travesty of the Bush yearsand to use diplomacy to bring peace. Like Obama, Dr. Kingsought tangible plans for people and tangible gains, notpie-in-the-sky proposals.

But Dr. King would go further. He wanted a new kind of soci-ety based on love and justice. He wanted America to undertakea moral revolution to replace self-seeking individualism withconcern for the common good. He said racism, poverty, and warare intertwined problems that can only be resolved together. Dr.King wanted a larger agenda and a better kind of world - to putAmerica to work, to overcome systemic racial and other forms ofinequity, to "study war no more," as the folk song goes. Thatagenda would constitute a politics of hope worthy of the legacyof Dr. Martin Luther King.

I think it is also important to recall the history from 1954 on,beginning with historic activities and movements within the civilrights movement of our nation, because it is that movement thatstarted in mass form as early as 1954 that brings us to the elec-tion of the first African American President, Senator and nowPresident Barack Obama. I just want to quickly review, becauseI think it is important to state in the record and put today's his-toric event and anniversary in a historical context, from the 1954Brown v. Board of Education decision, moving to 1955, whenRosa Parks sat down and the whole world stood up, and we saw

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56 LEGISLATIVE JOURNAL - SENATE JANUARY 20,

throughout that period the horrendous demonstrations and beat-ings of individual civil rights workers.

All kinds of folks, from Catholic priests to African Americansto trade union members to churchgoers, regardless of their ideol-ogy and their politics, there was a tremendous movement of ma-jority concern brought together under the peace and civil rightsmovement. As you go through the years of the civil rights move-ment, you can see how the tremendous, mass organizing that tookplace led to the actions of President Lyndon Johnson and othersin framing and passing voting rights legislation, the VotingRights Act. And we think about all the horrible deaths of thosewho were victims in the civil rights movement, those fighting forjustice who were victimized, not only by the system in total, butby the individual acts of racism and violence, from members ofthe Ku Klux Klan and all types of right-wing fascist and racistorganizations. So it is historically important to point out, as Sena-tor and now President Obama has rightfully pointed out, the tre-mendous progress in American society, that we have yielded toour best instincts.

I will not continue further with a litany of all the civil rightsdates which are critical, and I know that we share those notationsand observations in common, but I close, Mr. President, becauseI have forwarded to the colleagues in the Senate and the Houseand the Governor an urgent appeal that one of the first pieces oflegislation that maybe we could harmonize around is the expan-sion of the hate crimes legislation that this Senate, in 2002, withthe House and the Governor, passed overwhelmingly, had ap-proved, and unfortunately, because of procedural legislative er-rors pointed out by the Pennsylvania Supreme Court, significantsections of the hate crimes legislation and criminal code statutein our State were set aside.

I do not dispute the action of the Pennsylvania SupremeCourt. They were correct in observing the process of what wasgermane and what was not germane in a piece of legislation thatwas approved. But I reiterate at this podium, at this forum, andat this time, given the historic advent of this administration inWashington, D.C., and noting that the Southern Poverty LawCenter, Mr. President, has singled out and noted the activities of70 right-wing racist hate crime organizations in our Common-wealth of Pennsylvania alone -- over 70 organizations have beendocumented by legal authorities as well as the good work of theSouthern Poverty Law Center. I think that is despicable, and Ionce again make a public appeal, a moral appeal to this Senateand to our colleagues in the legislature, to come together and seeif we cannot take the corrective action that is needed to restorethe stronger language in the Pennsylvania Hate Crimes Code andthe criminal codes and statutes, and that we unite as a first clarioncall from this Senate.

I know we are going to get into heavy budget debates. We aregoing to get into healthcare debates. You name it, we are goingto be debating it. But I hope and pray, and it is certainly my ap-peal here today, and I will close, Mr. President, with that appealto our higher instincts and see if we can join in unity and passvery quickly and expeditiously through the appropriate legisla-tive processes, Mr. President, the expanded, the amended hatecrimes legislation which was set aside by the Pennsylvania Su-preme Court.

Mr. President, thank you very much for the extra time.

The PRESIDENT. The Chair recognizes the gentleman fromBerks, Senator O'Pake.

Senator O'PAKE. Mr. President, will the Majority Leaderconsent to very brief interrogation?

Senator PILEGGI. Certainly, Mr. President.The PRESIDENT. He indicates he will.Senator O'PAKE. Mr. President, will the gentleman indicate

whether or not there will be any votes taken in tomorrow's Ses-sion?

Senator PILEGGI. I do not anticipate any roll-call votes to-morrow, Mr. President.

Senator O'PAKE. Thank you, Mr. President.The PRESIDENT. The Chair recognizes the gentleman from

Allegheny, Senator Fontana.Senator FONTANA. Mr. President, this is obviously not as

important as Senator Ferlo's comments and acknowledgements,but I do want to congratulate the Pittsburgh Steelers for theirvictory in representing not only the city of Pittsburgh but theState of Pennsylvania in the Super Bowl on February 1.

Thank you, Mr. President.The PRESIDENT. The Chair recognizes the gentleman from

Cambria, Senator Wozniak.Senator WOZNIAK. Mr. President, 2 weeks ago, we had the

opportunity in this Chamber and across the Rotunda in the Houseto swear in 253--I guess 252 because of the late Jim Rhoades'election--into a new Session here in Pennsylvania. Today, inWashington, D.C., the 44th President of the United States,through no bombs, through no rifles, but through the peacefulballot box, was sworn in as President.

I know--and most of us have been here a while--that partisanbickering takes a stance on the side during these times of pompand circumstance, but perhaps, just perhaps, we can hear hiswords that he spoke today and reach out across the aisle bothways. It is not about Democrats. It is not about Republicans. It isabout the Commonwealth of Pennsylvania and the United Statesof America. I want to wish him Godspeed, and I hope that he canpull this nation together just as every other President under criseshas done. Out of crisis comes opportunity. This is a sign of a newgeneration, actually born after the baby boomers, young, a gen-tleman of color, and an opportunity to bring not our differencesthat take us apart, but the strengths of all the cords to make onecable out of all the peoples of the United States.

So, what a tremendous opportunity today. And to all the citi-zens who went down to Washington, God bless you. It was coldout there. And it just goes to show that this nation is energizedagain and ready to move boldly forward, even though we havechallenging economic times, we are in a war on two fronts, andwe have problems throughout the world. It is certainly an inter-esting time in American history, and I am so very pleased to havean opportunity to be part of it here in the Senate of Pennsylvania.

Thank you, Mr. President.The PRESIDENT. The Chair recognizes the gentleman from

Philadelphia, Senator Farnese.Senator FARNESE. Mr. President, I rise to echo the com-

ments of my colleagues, and also to congratulate PresidentBarack Obama and to acknowledge the numerous groups andorganizations today in my district, such as Philly for Change,neighborhood networks that are sharing in this celebration, and

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2009 LEGISLATIVE JOURNAL - SENATE 57

to acknowledge them here today and to let them know that I amhere sharing in the celebration with them. Thank you.

The PRESIDENT. The Chair recognizes the gentleman fromAllegheny, Senator Costa.

Senator COSTA. Mr. President, I, too, want to rise and echothe comments of my colleagues, particularly the comments by myfriend and colleague from Allegheny County, Senator Ferlo, andthe dialogue that he had with the Members here this afternoon. Itis a very important time, as Senator Wozniak said, a very historicday, and as we move forward, we would be remiss if we did notacknowledge other types of swearings-in that took place today.In addition to Senator Logan's swearing-in that we had earliertoday, we were blessed and privileged to have the swearings-inof three of our statewide elected officials: Auditor General Wag-ner, new State Treasurer Rob McCord, as well as Attorney Gen-eral Tom Corbett.

All three individuals will now be charged with making certainthat they work in conjunction with the administration as well asthis General Assembly to make certain that we move forward andadvance this Commonwealth in an appropriate direction. So I amvery pleased that these three individuals are part of our Stategovernment here, and I look forward to working with them, andI thought we should take a moment to recognize thoseswearings-in that took place today.

Thank you, Mr. President.The PRESIDENT. The Chair recognizes the gentleman from

Allegheny, Senator Logan.Senator LOGAN. Mr. President, as Senator Costa said, I was

sworn in today, and I want to thank your office and the Secre-tary's office and the members of the Leader's office for arrangingthe swearing-in for me and my family today. As Senator Costasaid, I missed our swearing-in last week. My grandmother passedaway, and it was a tough time for our family. I appreciate all thesupport and comments and the condolences that came from ourfamily here in the Senate.

I wish all of the new Members well. We are getting to knoweach other and are in for a long haul here for this year. But again,I appreciate your presiding over our ceremony today, and again,sorry to all the new Members who came in that I was not able toshare in your moment with you a couple of weeks ago, but I ap-preciate them showing up for my ceremony today.

Thank you, Mr. President.The PRESIDENT. The Chair recognizes the gentleman from

Montgomery, Senator Rafferty.Senator RAFFERTY. Mr. President, first, I want to welcome,

congratulate, and commend Senator Logan for his swearing-inceremony this afternoon. It was a very official, moving, andfriendly type of ceremony. I had the opportunity to witness it,especially with his daughter leading us in the Pledge of Alle-giance, and I am very happy to have been a part of Senator Lo-gan's swearing-in ceremony, so I thank him.

Mr. President, certainly, we all wish the Steelers well, but Iwant to remind you and the Members of the Senate that nextweek when we return, Senator Stack and I will be offering a reso-lution honoring the world-champion Philadelphia Phillies. So Iwant to make sure that we are all cognizant of that. I am remind-ing everyone that the Phillies are currently the world championsin baseball.

So thank you, Mr. President. We will see you next week.

ANNOUNCEMENTS BY THE SECRETARY

The following announcements were read by the Secretary ofthe Senate:

SENATE OF PENNSYLVANIA

COMMITTEE MEETINGS

TUESDAY, JANUARY 27, 2009

10:30 A.M. JUDICIARY (public hearing on the Room 8E-Bissue of parole and violent offenders) East Wing

WEDNESDAY. JANUARY 28, 2009

9:00 A.M. EDUCATION (public hearing on School Hrg. Rm. 1Violence; to gather information relevant North Off.to Senate Bills No. 55 and 56)

TUESDAY, FEBRUARY 10, 2009

10:00 A.M. PUBLIC HEALTH AND WELFARE Hrg. Rm. I(public hearing on overview of drug North Off.and alcohol funding and servicedelivery system)

RECESS

The PRESIDENT. The Chair recognizes the gentleman fromDelaware, Senator Pileggi.

Senator PILEGGI. Mr. President, I move that the Senate donow recess until Wednesday, January 21, 2009, at 9:30 a.m.,Eastern Standard Time.

The motion was agreed to by voice vote.The Senate recessed at 4:30 p.m., Eastern Standard Time.