12
COMMONWEALTH OF PENNSYLVANIA JExQxslnixbt 3(mmml WEDNESDAY, OCTOBER 15, 2003 SESSION OF 2003 187TH OF THE GENERAL ASSEMBLY No. 66 SENATE WEDNESDAY, October 15, 2003 The Senate met at 11 a.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Governor Catherine Baker Knoll) in the Chair. PRAYER The Chaplain, Reverend Dr. ROBERT CAFFREY, of Praise Community Church, York, offered the following prayer: Let us pray. Dear Father in heaven, we recognize You today as the su- preme God of our universe. You are our awesome Creator, Sustainer, and Redeemer. We give You glory and honor and praise, and we are eternally grateful for who You are and all You do in and through us. Thank You for Your sovereign leadership and activity in the world at large, in our great country, in our Commonwealth, in our communities, in our relationships, and families. We are thankful that You have entrusted us with leadership in this special time in history. It is a daunting task, but one we are privileged to engage in. Please guide us in conducting the business of the day in this Session. Let every decision be inspired by You for the best inter- ests of the people You love and we serve. Allow every articula- tion and interaction to be carried out with humility flowing from a servant's heart. O merciful God, we pray that Your richest blessings be poured out upon us today, and especially on the populace we serve. May You grant Your representatives the wisdom to exe- cute their charge in truth, which affords justice and liberty. May we as leaders demonstrate character and integrity in all we say and do. We are trusting You today, Almighty God. Amen. The PRESIDENT. The Chair thanks Reverend Dr. Caffrey, who is the guest today of Senator Pippy and a constituent of Sen- ator Waugh. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) JOURNAL APPROVED The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of October 14,2003. The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator BRIGHTBILL, and agreed to by voice vote, further reading was dispensed with and the Journal was approved. COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following 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: MEMBER OF THE STATE BOARD OF BARBER EXAMINERS October 14, 2003 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, Ken Snyder, (Public Member), 390 Shelboume Lane, Phoenixville 19460, Chester County, Nineteenth Senatorial District, for appointment as a member of the State Board of Barber Examiners, to serve for a term of three years and until his suc- cessor is appointed and qualified, but not longer than six months be- yond that period, vice James N. Papoutsis, Chambersburg, whose term expired. EDWARD G. RENDELL Governor MEMBER OF THE STATE BOARD OF COSMETOLOGY October 14, 2003 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, Eugene L. Day, 5801 Penn Circle North #6, Pittsburgh 15206, Allegheny County, Thirty-eighth Senatorial District, for appointment as a member of the State Board of Cosmetol- ogy, to serve for a term of three years and until his successor is ap- pointed and qualified, but not longer than six months beyond that pe- riod, vice Janet P. Thomas, Benton, whose term expired. EDWARD G. RENDELL Governor

COMMONWEALTH OF PENNSYLVANIA JExQxslnixbt 3(mmml · COMMONWEALTH OF PENNSYLVANIA JExQxslnixbt 3(mmml WEDNESDAY, OCTOBER 15, 2003 SESSION OF 2003 187TH OF THE GENERAL ASSEMBLY No

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Page 1: COMMONWEALTH OF PENNSYLVANIA JExQxslnixbt 3(mmml · COMMONWEALTH OF PENNSYLVANIA JExQxslnixbt 3(mmml WEDNESDAY, OCTOBER 15, 2003 SESSION OF 2003 187TH OF THE GENERAL ASSEMBLY No

COMMONWEALTH OF PENNSYLVANIA

JExQxslnixbt 3(mmml WEDNESDAY, OCTOBER 15, 2003

SESSION OF 2003 187TH OF THE GENERAL ASSEMBLY No. 66

SENATE WEDNESDAY, October 15, 2003

The Senate met at 11 a.m., Eastern Daylight Saving Time.

The PRESIDENT (Lieutenant Governor Catherine Baker Knoll) in the Chair.

PRAYER

The Chaplain, Reverend Dr. ROBERT CAFFREY, of Praise Community Church, York, offered the following prayer:

Let us pray. Dear Father in heaven, we recognize You today as the su­

preme God of our universe. You are our awesome Creator, Sustainer, and Redeemer. We give You glory and honor and praise, and we are eternally grateful for who You are and all You do in and through us.

Thank You for Your sovereign leadership and activity in the world at large, in our great country, in our Commonwealth, in our communities, in our relationships, and families. We are thankful that You have entrusted us with leadership in this special time in history. It is a daunting task, but one we are privileged to engage in.

Please guide us in conducting the business of the day in this Session. Let every decision be inspired by You for the best inter­ests of the people You love and we serve. Allow every articula­tion and interaction to be carried out with humility flowing from a servant's heart.

O merciful God, we pray that Your richest blessings be poured out upon us today, and especially on the populace we serve. May You grant Your representatives the wisdom to exe­cute their charge in truth, which affords justice and liberty. May we as leaders demonstrate character and integrity in all we say and do. We are trusting You today, Almighty God. Amen.

The PRESIDENT. The Chair thanks Reverend Dr. Caffrey, who is the guest today of Senator Pippy and a constituent of Sen­ator Waugh.

PLEDGE O F ALLEGIANCE

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

JOURNAL APPROVED

The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of October 14,2003.

The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator BRIGHTBILL, and agreed to by voice vote, further reading was dispensed with and the Journal was approved.

COMMUNICATIONS F R O M THE GOVERNOR

NOMINATIONS REFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following com­munications 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:

MEMBER OF THE STATE BOARD OF BARBER EXAMINERS

October 14, 2003

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, Ken Snyder, (Public Member), 390 Shelboume Lane, Phoenixville 19460, Chester County, Nineteenth Senatorial 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 James N. Papoutsis, Chambersburg, whose term expired.

EDWARD G. RENDELL Governor

MEMBER OF THE STATE BOARD OF COSMETOLOGY

October 14, 2003

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, Eugene L. Day, 5801 Penn Circle North #6, Pittsburgh 15206, Allegheny County, Thirty-eighth Senatorial District, for appointment as a member of the State Board of Cosmetol­ogy, 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 Janet P. Thomas, Benton, whose term expired.

EDWARD G. RENDELL Governor

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1038 LEGISLATIVE JOURNAL — SENATE OCTOBER 15,

CORRECTION TO NOMINATION REFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following com­munication in writing from His Excellency, the Governor of the Commonwealth, which was read as follows and referred to the Committee on Rules and Executive Nominations:

MEMBER OF THE STATE BOARD OSTEOPATHIC MEDICINE

October 14,2003

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

Please note the nomination dated, October 6, 2003, for the appoint­ment of Joseph Gallagher, D.O., 323 Warren Road, Wayne 19087, Chester County, Nineteenth Senatorial District, for appointment as a member of the State Board of Osteopathic Medicine, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice John F. Callahan, D.O., Pittston, whose term expired, should be corrected to read:

Joseph Gallagher, Jr^ D.O., 323 Warren Road, Wayne 19087, Montgomery County, Seventeenth Senatorial District, for appointment as a member of the State Board of Osteopathic Medicine, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice John F. Callahan, D.O., Pittston, whose term expired.

HOUSE MESSAGE

HOUSE CONCURS IN SENATE CONCURRENT RESOLUTION

The Clerk of the House of Representatives informed the Sen­ate that the House has concurred in the resolution from the Sen­ate, entitled:

Weekly adjournment.

GENERAL COMMUNICATION

2004-05 BUDGET REQUEST OF THE CONSUMER ADVOCATE

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

OFFICE OF CONSUMER ADVOCATE Commonwealth of Pennsylvania

555 Walnut Street, 5th Floor, Forum Place Harrisburg, PA 17101-1923

October 6, 2003

Hon. Edward G. Rendell Governor of Pennsylvania Commonwealth of Pennsylvania Room 225, Main Capitol Bldg. Harrisburg, PA 17120

Hon. Robert C. Jubelirer President Pro Tempore Senate of Pennsylvania Room 292, Main Capitol Bldg. Harrisburg, PA 17120

Hon. John M. Perzel Speaker House of Representatives Room 139, Main Capitol Bldg. Harrisburg, PA 17120

Gentlemen:

Enclosed with this letter is the Budget Request of the Office of Consumer Advocate (OCA) for Fiscal Year 2004-2005 The OCA's requested budget for Fiscal Year 2004-2005 is $4,689,000. This budget represents an increase of $95,000 above our approved 2003-2004 bud­get of $4,594,000.

The present budget request is submitted pursuant to Act No. 25 of July 20, 1983. The OCA budget is not derived from the General Fund, but is funded through a direct assessment on the companies that are under the jurisdiction of the Pennsylvania Public Utility Commission (PUC).

Please contact me if you have any questions about the OCA's bud­get request or about the Office of Consumer Advocate.

Sincerely,

IRWINA.POPOWSKY Consumer Advocate

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

BILLS REPORTED F R O M COMMITTEES

Senator M. J. WHITE, from the Committee on Environmental Resources and Energy, reported the following bill:

HB 165 (Pr. No. 185)

An Act providing for the acquisition of property by the Common­wealth and local government units to mitigate flood hazards.

Senator ORIE, from the Committee on Aging and Youth, reported the following bill:

HB 888 (Pr. No. 2794) (Amended)

An Act amending the act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law, further providing for definitions, for request for proposal, for program generally, for generic drugs, for re­stricted formulary, for reimbursement, for nonliability, for the Pharma­ceutical Assistance Contract for the Elderly Needs Enhancement Tier, for the Pharmaceutical Assistance Review Board, for penalties and for the Prescription Drug Education Program; providing for the Pharmacy Best Practices and Cost Control Program; further providing for declara­tion of policy, for rebate agreement, for terms of rebate agreement and for amount of rebate; providing for a Pharmaceutical Assistance Clear­inghouse; further providing for annual report to General Assembly; and providing for construction with Federal programs and for a pharmacy benefits administrator study.

Senator CONTI, from the Committee on Law and Justice, reported the following bill:

SB 877 (Pr. No. 1218) (Amended)

An Act prohibiting employment of certain individuals as law en­forcement officers; requiring suspension of law enforcement officers charged with certain crimes; and establishing dismissal procedures for law enforcement officers convicted of certain crimes.

RESOLUTIONS REPORTED F R O M COMMITTEE

Senator M. J. WHITE, from the Committee on Environmental Resources and Energy, reported the following resolutions:

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2003 LEGISLATIVE JOURNAL — SENATE 1039

SR 98 (Pr. No. 867)

A Concurrent Resolution urging the Congress of the United States to increase the annual Federal capitalization grant to the Clean Water State Revolving Fund to better address the tremendous needs across the United States and the Commonwealth of Pennsylvania.

HR256(Pr.No. 1510)

A Concurrent Resolution establishing a task force to study issues concerning the renewal and management of this Commonwealth's for­ests; providing for an advisory committee; and directing the Joint Legis­lative Air and Water Pollution Control and Conservation Committee to provide administrative support to the task force.

HR394(Pr.No.2595)

A Concurrent Resolution directing the Joint Legislative Air and Water Pollution Control and Conservation Committee to undertake a study of the oil and gas leasing activities of the Department of Conser­vation and Natural Resources; and urging the Department of Conserva­tion and Natural Resources to postpone certain action until completion of the study.

The PRESIDENT. The resolutions will be placed on the Cal­endar.

LEGISLATIVE LEAVES

The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill.

Senator BRIGHTBILL. Madam President, I ask for legislative leaves for Senator Jubelirer and Senator Wonderling.

The PRESIDENT. Senator Brightbill requests legislative leaves for Senator Jubelirer and Senator Wonderling. Without objection, the leaves will be granted.

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

Senator O'PAKE. Madam President, I request a legislative leave for Senator Tartaglione.

The PRESIDENT. Senator OTake requests a legislative leave for Senator Tartaglione. Without objection, the leave will be granted.

LEAVES O F ABSENCE

Senator O'PAKE asked and obtained a leave of absence for Senator WOZNIAK, for today's Session, for personal reasons.

Senator PIPPY remains on military leave pursuant to Senate Rule XXI(3).

CALENDAR

SENATE RESOLUTION No. 151 CALLED UP OUT OF ORDER, ADOPTED

Senator BRIGHTBILL, without objection, called up from page 4 of the Calendar, as a Special Order of Business, Senate Resolution No. 151, entitled:

A Resolution designating the month of November 2003 as "Pancre­atic Cancer Awareness Month" in Pennsylvania.

On the question, Will the Senate adopt the resolution?

The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz:

YEA-47

Armstrong Boscola Brightbill Conti Corman Costa Dent Earll Erickson Ferlo Fumo Greenleaf

Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow Mowery Musto

O'Pake Orie Piccola Pileggi Punt Rafferty Rhoades Robbins Scamati Schwartz Stack Stout

Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling

NAY-0

A majority of the Senators having voted "aye," the question was determined in the afiBrmative.

SPECIAL ORDER O F BUSINESS GUEST O F SENATOR JAKE CORMAN

PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from Centre, Senator Corman.

Senator CORMAN. Madam President, it is my pleasure to introduce to you today a young lady who is here completing her senior career project. Ashley Powell is shadowing her cousin, Amy Powell Bolze, from Senator Mowery's staff, and she is here to gain a better perspective and understanding of the legislative process. She is the daughter of Brent and Anita Powell of Ickesburg and attends West Perry High School. She is president of her senior class, student council president, plays soccer and field hockey, and is active in the school play. Last Friday night she was crowned West Perry High School's homecoming queen. After graduation, she plans to attend Susquehanna University to study communications and theater. I ask that the Senate give Ashley our usual warm welcome here today.

The PRESIDENT. Will the guest of Senator Corman please stand so the Senate can give you a round of applause.

(Applause.)

CONSIDERATION O F CALENDAR RESUMED

BILL ON CONCURRENCE IN HOUSE AMENDMENTS

BILL OVER IN ORDER

SB 271 ~ Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL.

THIRD CONSIDERATION CALENDAR

BILL AMENDED

SB 297 (Pr. No. 312) - The Senate proceeded to consider­ation of the bill, entitled:

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1040 LEGISLATIVE JOURNAL — SENATE OCTOBER 15,

An Act providing for the licensure of individuals providing sign language interpreting and transliterating services to individuals who are deaf or hard of hearing; and imposing duties on the Office for the Deaf and Hard of Hearing in the Department of Labor and Industry.

On the question. Will the Senate agree to the bill on third consideration? Senator LEMMOND offered the following amendment No.

A3682:

Amend Sec. 1, page 1, line 10, by striking out "Licensing" and inserting: State Certification

Amend Sec. 2, page 1, line 15, by striking out "license" and insert­ing: State certificate

Amend Sec. 2, page 2, line 7, by striking out "Licensee" and insert­ing: Certificate holder

Amend Sec. 2, page 2, line 7, by striking out "licensed" and insert­ing: State-certified

Amend Sec. 3, page 2, line 21, by striking out "License" and insert­ing: Certificate

Amend Sec. 3, page 2, line 22, by striking out "licensees" and in­serting: certificate holders

Amend Sec. 4, page 2, line 27, by striking out "License" and insert­ing: State certificate

Amend Sec. 4, page 3, line 2, by striking out "licensed" and insert­ing: State certified

Amend Sec. 4, page 3, line 5, by striking out "licensure" and insert­ing: State certification

Amend Sec. 4, page 3, line 12, by striking out "licensee" and insert­ing: State-certified interpreter

Amend Sec. 4, page 3, line 14, by striking out "licensee" and insert­ing: State-certified interpreter

Amend Sec. 4, page 3, line 20, by inserting after "individual": who is certified by the National Association of Deaf or the Registry of Inter­preters for the Deaf

Amend Sec. 4, page 3, line 27, by striking out "licensed" and insert­ing: certified

Amend Sec. 4, page 4, line 12, by striking out "licensure" and in­serting: State certification

Amend Sec. 4, page 4, line 14, by striking out "licensure" and in­serting: State certification

Amend Sec. 5, page 4, line 24, by striking out "Licensure" and inserting: State certificate

Amend Sec. 5, page 4, lines 25 and 26, by striking out "for a sign language interpreter license" and inserting: to be a State-certified sign language interpreter

Amend Sec. 5, page 4, line 30; page 5, lines 1 and 2, by striking out all of said lines on said pages and inserting:

(3) Proof that the applicant has passed an examination ap­proved by the office Amend Sec. 5, page 5, lines 5 and 6, by striking out all of said lines Amend Sec. 5, page 5, line 7, by striking out "Licensing" and in­

serting: Certification Amend Sec. 5, page 5, line 8, by striking out "license" and insert­

ing: State certificate Amend Sec. 5, page 5, line 18, by striking out "licensure" and in­

serting: the State certificate Amend Sec. 5, page 5, line 21, by striking out "License" and insert­

ing: Certificate Amend Sec. 5, page 5, line 21, by striking out "license" and insert­

ing: State certificate Amend Sec. 5, page 5, line 27, by striking out "licensee may renew

a license" and inserting: certificate holder may renew a State certificate Amend Sec. 5, page 5, line 30, by striking out "licensure" and in­

serting: State certification Amend Sec. 5, page 6, line 1, by striking out "license" and insert­

ing: certificate Amend Sec. 6, page 6, line 3, by striking out "licensee" and insert­

ing: certificate holder Amend Sec. 8, page 6, line 14, by striking out "License" and insert­

ing: Certificate

Amend Sec. 8, page 6, line 15, by striking out "licensee" and insert­ing: certificate holder

Amend Sec. 8, page 6, line 17, by striking out "license or renewal of a license" and inserting: State certificate or renewal of a certificate

Amend Sec. 8, page 6, line 24, by striking out", license" Amend Sec. 8, page 7, line 4, by striking out "licensee" and insert­

ing: certificate holder Amend Sec. 9, page 7, line 11, by striking out "license" and insert­

ing: State certificate Amend Sec. 9, page 7, line 13, by striking out "license" and insert­

ing: State certificate Amend Sec. 9, page 7, line 15, by striking out "license.-If a li­

censee's license" and inserting: State certificate.-If a certificate holder's State certificate

Amend Sec. 9, page 7, line 16, by striking out "licensee shall return the license" and inserting: certificate holder shall return the State certifi­cate

Amend Sec. 9, page 7, line 18, by striking out "license" and insert­ing: State certificate

Amend Sec. 9, page 7, line 20, by striking out "license" and insert­ing: State certificate

Amend Sec. 9, page 7, line 21, by striking out "license" and insert­ing: State certificate

Amend Sec. 9, page 7, line 22, by striking out "license" and insert­ing: State certificate

On the question, Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its

order at the request of Senator BRIGHTBILL.

BILLS OVER IN ORDER

SB 677, SB 689 and SB 690 - Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 834 (Pr. No. 1014) ~ The Senate proceeded to consider­ation of the bill, entitled:

An Act amending the act of December 19, 1974 (PL.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974, further providing for roll-back taxes and special circumstances.

Considered the third time and agreed to,

On the question, Shall the bill pass finally?

The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

YEA-47

Armstrong Boscola Brightbill Conti Corman Costa Dent

Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond

O'Pake Orie Piccola Pileggi Punt Rafferty Rhoades

Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald

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2003 LEGISLATIVE JOURNAL — SENATE 1041

Earll Erickson Ferlo Fumo Greenleaf

Logan Madigan Mellow Mowery Musto

Robbins Scamati Schwartz Stack Stout

White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling

NAY-0

A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative.

Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence.

BILL OVER IN ORDER

SB 892 - Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL.

BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 895 (Pr. No. 1141) ~ The Senate proceeded to consider­ation of the bill, entitled:

An Act designating a portion of State Route 1040 known as Spur Road in East Cocalico Township, Lancaster County, Pennsylvania, as Colonel George Howard Boulevard.

Considered the third time and agreed to,

On the question, Shall the bill pass finally?

The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

YEA-47

Armstrong Boscola Brightbill Conti Corman Costa Dent Earll Erickson Ferlo Fumo Greenleaf

Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow Mowery Musto

O'Pake Orie Piccola Pileggi Punt Rafferty Rhoades Robbins Scamati Schwartz Stack Stout

Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling

NAY-0

A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative.

Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence.

SB 913 (Pr. No. 1162) ~ The Senate proceeded to consider­ation of the bill, entitled:

An Act designating a bridge on State Route 553 in Alverda, Pine Township, Indiana County, Department of Transportation No. 32-0553-0190-0065, as the HM3 Charles Edward ("Doc") Mariskanish Bridge.

Considered the third time and agreed to,

On the question, Shall the bill pass finally?

The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

YEA-47

Armstrong Boscola Brightbill Conti Corman Costa Dent Earll Erickson Ferlo Fumo Greenleaf

Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow Mowery Musto

O'Pake Orie Piccola Pileggi Punt Rafferty Rhoades Robbins Scamati Schwartz Stack Stout

Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling

NAY-0

A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative.

Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence.

BILLS OVER IN ORDER

HB 1018 and HB 1580 ~ Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL.

SECOND CONSIDERATION CALENDAR

BILLS OVER IN ORDER

SB 93, HB 106, SB 145, HB 538 and HB 709 - Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL.

BILLS ON SECOND CONSIDERATION

HB 786 (Pr. No. 2708) ation of the bill, entitled:

• The Senate proceeded to consider-

An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, further providing for general provisions relating to powers of attorney.

Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider­

ation.

SB 903 (Pr. No. 1151) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, by further providing for ten-year registration.

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1042 LEGISLATIVE JOURNAL — SENATE OCTOBER 15,

Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider­

ation.

HB 1222 (Pr. No. 1469) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for summary offenses involving vehicles.

Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider­

ation.

HB 1549 (Pr. No. 2468) -- The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 74 (Transportation) of the Pennsylvania Consolidated Statutes, providing for the designation of the Governor Robert P. Casey Highway as a scenic byway; and designating a certain portion of State Route 120 as a scenic byway.

Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider­

ation.

SENATE RESOLUTION No. 159, ADOPTED

Senator BRIGHTBILL, without objection, called up from page 4 of the Calendar, Senate Resolution No. 159, entitled:

A Resolution recognizing the month of November 2003 as "Penn­sylvania Epilepsy Awareness Month."

On the question, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined

in the affirmative.

UNFINISHED BUSINESS CONGRATULATORY RESOLUTIONS

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

Congratulations of the Senate were extended to Phyllis Niewoehner, Dakota Becerra, Rouchan Batalov, Devon Deininger, Matthew Hoh, Pat Smith, Don Squair, Mona Lombard!, Gene D. Cameline and to Tim Stewart by Senator Boscola.

Congratulations of the Senate were extended to Dr. Stephen C. Aronoff, Thomas Benscoter, Charles Bendas, Gregory Castelli, Craig Forbes, Michael Alessi, Charles Welchoff, Brian DuBree, Paul M. Kreuter, Gayle C. Keagy, Van Luzader, Gerald Rupp, Robert J. Musselman, Conrad Miller, Michael E. Lieber, Yvette Phillips, Cathleen Schlager and to Michelle Erdman by Senator Conti.

Congratulations of the Senate were extended to Dr. and Mrs. William F. Kline, Mr. and Mrs. Thomas W. Reeder, Jr., Mr. and Mrs. Richard Metz, Denny Jaworski, Donald A. Asendorf,

Chalmer Wheland and to the Ladies Auxiliary of the Ickesburg Volunteer Fire Company by Senator Corman.

Congratulations of the Senate were extended to Matthew Beam and to Michael Paul Drudy by Senator Dent.

Congratulations of the Senate were extended to Myron Berman by Senator Fumo.

Congratulations of the Senate were extended to Yumi Schnei­der, Joe Lamb, Charles Kleinschmidt, Andrew R. Hochmuth, Eric S. Baker, Bob Weaver, Barbara Lang and to Alice White by Senator Greenleaf.

Congratulations of the Senate were extended to Daniel Aiello and to Marshall Linton by Senator Hughes.

Congratulations of the Senate were extended to Elizabeth Marie Krater Young, Juniata Lodge No. 282 of the Free and Accepted Masons and to Mountain Lodge No. 281 of the Free and Accepted Masons of Altoona by Senator Jubelirer.

Congratulations of the Senate were extended to William Boyd by Senator Jubelirer on behalf of Senator Pippy.

Congratulations of the Senate were extended to Eric D. Springer, John Mateosky, Rose Mazurek and to Twin Trees, Inc., of Connellsville, by Senator Kasunic.

Congratulations of the Senate were extended to the Mount Olive Baptist Church of Rankin by Senator Logan.

Congratulations of the Senate were extended to Mr. and Mrs. Darwin Ellsworth Mickley, Mr. and Mrs. Calvin S. Myers, Mr. and Mrs. Duane Wilcox, Mark Webster, Kevin Dorward and to Alice Louise Lee Lyon by Senator Madigan.

Congratulations of the Senate were extended to John Kura by Senator Mellow.

Congratulations of the Senate were extended to Alanna Jus­tice, Michael A. Kunst and to UCP Central PA by Senator Mowery.

Congratulations of the Senate were extended to Reverend Monsignor Felix A. Losito, Frank L. Gilyard, Sr., and to Grace Evangelical Lutheran Church of Reading by Senator O'Pake.

Congratulations of the Senate were extended to the Brookfield Bible Church of Harrisburg by Senator Piccola.

Congratulations of the Senate were extended to the Pennsylva­nia Institute of Technology of Media by Senators Pileggi and Erickson.

Congratulations of the Senate were extended to Jerri M. Mer­cer and to Glenn Oesterling by Senator Rafferty.

Congratulations of the Senate were extended to the Pennsylva­nia State Nurses Association by Senators Rafferty, Wonderling, and C. Williams.

Congratulations of the Senate were extended to Alexander T. Hafer, Patrick Medley, Donald W. Snyder and to Lehigh Carbon Community College of Schnecksville by Senator Rhoades.

Congratulations of the Senate were extended to Mr. and Mrs. Art DeBraise, Lance Allan Dickey, Olivia Bemosky, John W. Fair and to Douglas D. Anderson by Senator Robbins.

Congratulations of the Senate were extended to Edward S. Morris by Senator Schwartz.

Congratulations of the Senate were extended to Helweg Fu­neral Service, Inc., of Jenkintown, by Senators Schwartz and Greenleaf.

Congratulations of the Senate were extended to Yekaterina Ivanova by Senator Stack.

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Congratulations of the Senate were extended to the City of Washington Fire Department by Senator Stout.

Congratulations of the Senate were extended to Ed Hill by Senator Thompson.

Congratulations of the Senate were extended to Benjamin C. Rodkey, Kirsten Godwin, Molly Lower, Stephanie Meo, Stephen Baldwin, Robert Rotell, Amy Birley and to Bethany Decker by Senator Waugh.

Congratulations of the Senate were extended to Mr. and Mrs. George Nodge, Mr. and Mrs. Carl Jones, Mr. and Mrs. Frank Redinger, Mr. and Mrs. Joseph Wahala, Samuel H. Schreckengost, Anna Gnapshes and to Dorothy McGinnis by Senator D. White.

Congratulations of the Senate were extended to Holly Hayden and to the Zonta Club of Warren by Senator M.J. White.

Congratulations of the Senate were extended to the Union Fire Association of Lower Merion by Senator C. Williams.

Congratulations of the Senate were extended to Mr. and Mrs. Joseph Sedik, Mr. and Mrs. William Nehoda, Anna Diodato McCouch, Matthew Geiger and to Tylersport Fire Company by Senator Wonderling.

CONDOLENCE RESOLUTIONS

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

Condolences of the Senate were extended to the family of the late Charlene L. House by Senator Piccola.

Condolences of the Senate were extended to the family of the late Susie Lee Scott Lewis by Senator Tartaglione.

POSTHUMOUS CITATION

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

A posthumous citation honoring the late Willie Thrower was extended to the family by Senator Logan.

SENATE RESOLUTION ADOPTED

Senators CONTI, BRIGHTBILL, ARMSTRONG, BOSCOLA, CORMAN, COSTA, DENT, EARLL, ERICKSON, FERLO, GREENLEAF, KITCHEN, KUKOVICH, LEMMOND, LOGAN, OTAKE, ORIE, RAFFERTY, SCHWARTZ, TARTAGLIONE, THOMPSON, TOMLINSON, WAGNER, WAUGH, D. WHITE, M.J. WHITE, C. WILLIAMS and STACK, by unanimous consent, offered Senate Resolution No. 164, entitled:

A Resolution recognizing October 21, 2003, as "Biomedical Re­search Day" in Pennsylvania.

On the question, Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentleman from Bucks, Senator Conti.

Senator CONTI. Madam President, today I ask to respectfully seek the consent of my colleagues to designate October 21,2003, as Biomedical Research Day. Throughout history, biomedical

research has been instrumental in detecting disease and develop­ing treatments. The increased lifespan and improved quality of life we now enjoy would not be possible without the contribu­tions from our biomedical research community. Researchers in the United States, and especially here in our own Commonwealth of Pennsylvania, have long been recognized as world leaders in discovering and developing new knowledge and ideas that pro­mote better health and the treatment of disease. Today, biomedi­cal researchers work diligently on cures for Alzheimer's disease, arthritis, AIDS, cancer, diabetes, epilepsy, heart and lung dis­ease, mental illness, multiple sclerosis, and countless other dis­eases that affect millions of people throughout the world, and I think we should all be grateful for those efforts. So, Madam Pres­ident, I ask unanimous consent for this resolution.

And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined

in the affirmative.

BILLS ON FIRST CONSIDERATION

Senator RHOADES. Madam President, I move that the Senate do now proceed to consideration of all bills reported from com­mittees for the first time at today's Session.

The motion was agreed to. The bills were as follows:

SB 877, HB 165 and HB 888.

And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consider­

ation.

PETITIONS AND REMONSTRANCES

The PRESIDENT. The Chair recognizes the gentlewoman from Philadelphia, Senator Schwartz.

Senator SCHWARTZ. Madam President, I would like to make a few comments that relate to the issue that Senator Kukovich was going to speak about. What I wanted to say is, in a bipartisan fashion with a great deal of work, House Bill No. 888 came out of the Committee on Aging and Youth this morn­ing. That is the legislation that moves forward some, I think, very important changes in the PACE program and PAGENET to ad­dress some of the concerns that many of us have had, that we could be more efficient, we could be smarter in the way we man­age the PACE program, and as a result we could cover literally tens of thousands of additional seniors who could take advantage of PACE and PAGENET by making it more efficient, making it more accessible, and by making it more responsive in the future.

So, I appreciate the efforts of the chairman of the Committee on Aging and Youth and of the committee for a lot of the work that went on behind the scenes. It is not done yet. Obviously, it has moved out of committee and we are going to see it, I assume, go to the Committee on Appropriations, but there were many of us who were concerned about the delays so far and we are pleased with this morning's action by the committee and would like to see action on the floor so that we can do this quickly

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enough so it goes back to the House and we can begin to get the work done in the PACE program so that, again, seniors in Penn­sylvania will have the benefit of the PACE program and the tens of thousands more who could benefit would start to do so.

We certainly hope we meet the deadline of January 1, to be able to extend benefits to thousands more seniors. Pennsylvania is a leader in extending prescription drug benefits to seniors. We should continue that leadership role. This morning's action in committee does move it forward, and I thank my colleagues and look forward to speedy action on the floor to move the PACE expansion forward.

Thank you. The PRESIDENT. The Chair recognizes the gentleman from

Dauphin, Senator Piccola. Senator PICCOLA. Madam President, I was in a local book

store the other day to purchase a birthday gift for one of my young nieces, and I came across a book called Connect the Dots. I am sure every Member of the Senate and many Pennsylvanians are familiar with the puzzle game of connecting the dots where you take a series of dots with numbers on them that have no com­prehensible picture associated with them, and if you do the job correctly and you connect the dots in the correct order, you come out with a picture of some item or individual or an animal, and it becomes understandable. It occurred to me, Madam President, that we here in Pennsylvania who are presently debating the need for higher taxes, whether it be a higher income tax or a higher sales tax, those of us in the legislature who are contemplating that kind of move right now ought to be in the business of connecting the dots that I think are occurring around this great country of ours.

The first dot occurred back in January, specifically January 28 of this year, in Oregon where the people of Oregon, in a referen­dum, by a margin of 55 percent to 45 percent, defeated a $700 million tax increase which was supported by a remarkable coali­tion of special interests out there. This was the first dot that we saw appear in the country. It was followed on September 9 by a similar referendum in the State of Alabama where the people of Alabama were asked to raise their taxes by $1.2 billion, eight times the largest tax increase in that State's history, and that tax package, which was proposed by that State's Governor, was re­jected by the people of Alabama by a margin of 65 percent to 33 percent. It was followed very shortly thereafter by a vote in Or­lando, Florida, where the people of that city, that area, that county were asked to raise their sales tax to support local high­way projects. And that was defeated by a fairly substantial mar­gin in the Orlando, Florida, area. And that was followed by an­other dot, Madam President, on September 16, where the people of Seattle, Washington, defeated a referendum calling for a 10-cent tax on espresso coffee, espresso drinks, and that tax was opposed by 68 percent of the voters of Seattle, Washington.

Finally, Madam President, the very latest dot that we have seen is coming from the State of California, which last week, by a referendum and a rather unusual process of recall, voted by a margin of 55 percent to 45 percent to recall the incumbent gover­nor, primarily because of the fiscal crisis and the high taxes that were called upon to be passed by the legislature in that particular State, a tripling, I believe, of the personal property tax on motor vehicles. And at the same time, a Republican candidate who cam­

paigned against these taxes was elected governor of that State with almost 50 percent of the vote in a field of over 130 candi­dates.

Madam President, it seems to me the dots as we connect them are becoming quite clear, and I think the people of Pennsylvania are not very different than the people of Oregon or the people of Alabama or the people of Orlando, Florida, or Seattle, Washing­ton, or the people of California. The people of Pennsylvania, I believe, want Pennsylvania government to live within their means, and before we start to raise willy-nilly a lot of general taxes, raising lots of new revenue for new programs, I think we need to connect the dots, we need to listen to the people of Penn­sylvania. They have something to say, and I think it is very simi­lar to what is being said in the other States of this great nation.

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

Lackawanna, Senator Mellow. Senator MELLOW. Madam President, Senator Piccola started

his comment by talking about his visit to a bookstore and the purchase of some type of an item where you can start to connect the dots and come up with some type of a figure. Well, I believe, Madam President, yesterday on a syndicated radio program, at one time hosted by Mr. Rush Limbaugh, who I believe now is in rehab as a result of the illegal use of a painkiller called OxyContin. I believe that this same type of State-by-State dot connecting dialogue was part of that program yesterday by the person who hosted the program. So, I believe some of this might have come from that program yesterday of Mr. Limbaugh's talk­ing about Oregon and talking about what has taken place in Ala­bama and in Orlando, Florida, and Seattle, Washington. I do not think there is any surprise that the State of Washington would not want to put a 10-cent tax on coffee.

Also, the gentleman talked about the recall election in Califor­nia and how a Republican candidate for governor, and I am glad that the gentleman has made an admission that the new gover­nor-elect in California is a Republican, because he probably is against what every Republican, at least what every conservative Republican, in this country or in this State is for. From every­thing I have read, the gentleman who is now the governor-elect in California is pro-choice and the Republican Party nationally is pro-life; the gentleman is for expanding benefits for homosex­ual individuals, and of course the Republican Party is totally against that; the gentleman has been widely accused in California of committing some illegal acts against women and basically not treating women in an appropriate fashion, and of course all of us are opposed to that. So I am glad that the gentleman talked in high terms about the new governor-elect of California.

But I think the one dot that the gentleman did not connect is what has happened to this great country of ours and the fact that 3 years ago, under a different President, none of these things would have taken place. There would have been no reason for a referendum in the State of Oregon where they defeated a $700 million tax increase, there would have been no referendum in the State of Alabama where they defeated a $1.2 billion tax increase, there would have been no referendum in Orlando, Florida, for a sales tax to improve highway projects. Certainly, Seattle would not have had to worry about funding any kind of deficit with a 10-cent coffee tax, and I doubt very much if the Silicon Valley,

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which had done so well during the Clinton administration and has fallen into total disrepair during the Bush administration, would have had any reason to have a recall in the State of California. If you are going to have a recall in California based on the econ­omy and a deficit and a tax increase on motor vehicles in Califor­nia, then perhaps, and I am not advocating this because I do not advocate a recall unless a person has done something inappropri­ate in office, then perhaps the ultimate recall should be of the President of the United States, because prior to the election of Mr. Bush and prior to his war on terrorism and his conflict in Iraq and now the request for $87 billion in more tax money to rebuild the country of Iraq while this great country of ours is falling apart, we had a surplus.

I had a person ask me recently if there was something that could be done to have the United States Army attack some of our senatorial districts. Then the Federal government of this country would come in after the Army destroyed them and they would completely rebuild our senatorial districts, which means we would have infrastructure, we would have quality schools, we would be able to take care of the health needs of our people. Our first responders in this country would get more money from the Federal government in this country than what they are going to, because they are giving money to first responders in Iraq. Our senior citizens would not be begging for relief for their prescrip­tion drugs, because today people have to make the choice whether they want to buy prescription drugs and use them on a daily basis or purchase food on a daily basis to keep the machine of their body going and to be able to take care of the true nour­ishment of their body so that on a daily basis they can get along with what must take place. Unfortunately, senior citizens today cannot afford that.

We have been trying in this Senate and in the General Assem­bly and in the Rendell administration to improve our quality of education, to do in Pennsylvania what other States have done, to give our pre-kindergarten children the opportunity to benefit from pre-kindergarten, to expand kindergarten for our children so they can attend a full-day kindergarten session in school dis­tricts that want to bring that about, and to cut down class sizes so that Pennsylvania children will have an opportunity to get the best possible quality education they can receive, not the opportu­nity based on where they were bom. If these children were bom in certain school districts in southeastern Pennsylvania, because of the wealth of the school districts, those school districts spend as much as $14,000 to educate one child. And if the family was bom in an area of poverty where the school districts cannot af­ford it and the tax revenues are not there to spend more money on education, we have certain school districts that spend $5,100 to educate each child. So, the discrepancy of $9,000 alone in those school districts, the wealthier or more affluent school dis­tricts have the opportunity to provide a better course of education at the expense of the poor child who wants that education.

Then, Madam President, we have been begging, we have been asking, we have been insisting, we have been getting down on bended knee, trying to come up with a program of tax reduction, to give the people of Pennsylvania the opportunity to have some kind of reduction in their property taxes for the purpose of sup­porting public education. Madam President, when I first came to Harrisburg, the unwritten covenant that we had with the 501

school districts was that we here in Harrisburg would supply all of their mandates and all of their requirements and would also supply 50 percent of the money that funds the public education in each of the school districts. And during my first several years in Harrisburg, Madam President, that figure was up to 55 per­cent, which basically meant that the local school districts, through taxation of properties, would have to come up with 45 percent of the funding for their school districts and the State would come up with 55 percent, and that was fine until we got into the early '80s. In the early '80s, that figure started to decline. What was taking place as revenues were short in Harrisburg, we were shortchanging public school districts in Pennsylvania. We went from 55 percent of State education funding from Harrisburg to, as we talk today, a figure of around 36 percent. In some dis­tricts it is lower, which means with an average of 36 percent, the local property taxpayer would have to pay 64 percent to fimd the education where all the mandates come from Harrisburg.

So, Madam President, there are a lot of things that we would like to connect the dots with, but if we are going to start connect­ing dots, then let us be honest about things. First, let us not take an ultraconservative, right-wing talk show host who now is going to rehab because of his abuse of illegal painkilling drugs after denying that he did that, let us talk about exactly what we need to do in Pennsylvania. Democrats in here are prepared to stay today, tomorrow, Friday, Saturday, Sunday, if the Republican leadership in Harrisburg in the Senate would come to us and say, let us try to get this thing resolved. Maybe it will not be an in­crease in personal income tax. Maybe it will not be an increase in sales tax. Let us do something. The people of Pennsylvania are paying right now for the salary of 48 Members of this General Assembly, with the exception of 2 of them who are not feeling well, and the other 46 are here and prepared to work on a daily basis to resolve the problems of education, of transportation, of drug and alcohol abuse. Madam President, we are here to try to get the job done. Unfortunately, the group of individuals who must set the schedule to bring about final conclusion of these very important issues for some reason has decided not to get that done and not to get to that point.

So, I am glad that the gentleman talked about various States. I am glad he is trying to connect the dots. I only wish he would extend the connection of the dots, first of all to address the prob­lems with the Federal government, with the downturn in the economy, with the way the stock market has fallen apart over the last 3 years, and the absolute failure of the Bush administration to improve the economy of this great State of ours. He inherited the greatest surplus the Federal government has ever had, and he is going to leave us at the end of this term, whether he is re­elected or not, that still remains to be seen, with the greatest defi­cit we have ever had in the history of this country. Madam Presi­dent, in doing all of that, now the gentleman wants $87 billion in tax money from the hardworking people of Pennsylvania and every other State to rebuild Iraq. What is wrong with rebuilding Pennsylvania? What is wrong with rebuilding Pennsylvania schools? What is wrong with rebuilding the cities that we have in this great State of ours, the cities of Philadelphia, Pittsburgh, Scranton, Wilkes-Barre, Williamsport, Erie, and Allentown? What is wrong with rebuilding Pennsylvania? Do we have to be attacked by our own government for the Federal government to

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come in and say we now want to help you rebuild your infrastruc­ture?

Madam President, it is very, very unfortunate, it is just incred­ible what has taken place. The gentleman has talked about the State of Alabama, and if we compare what has happened in the State of Alabama with the quality of education they provide the students of Alabama and compare that to Pennsylvania, it is shameful. Their drop-out rate is so much greater than we have right here in Pennsylvania. If we look at the students' results in mathematics in the State of Alabama, because that is what we talked about here, the people of the State rejected, by 67 to 33 percent, a $1.2 billion increase in taxes for the State of Alabama. If you see how poorly run the State of Alabama is, it is no sur­prise that those people would reject those particular types of figures.

I am not saying we need a tax increase, Madam President. I am saying we need some direction in the General Assembly by the Members of the General Assembly. The Republican Party in Pennsylvania in the General Assembly, and here in the Senate, have been elected to lead, not to mislead. They have been elected to direct, not to misdirect. They have been elected to set us on a course, Madam President, where we will at least come up with some type of a final answer with regard to our budget, with re­gard to education, with regard to transportation, with regard to property tax reduction, and with regard to helping our senior citizens, the greatest generation, and that is the place we are in today, and they have not done that job, Madam President, and we are here to work and to get the job done. So, if we are going to connect the dots, let us connect them all.

Thank you very much. The PRESIDENT. The Chair recognizes the gentleman from

Philadelphia, Senator Stack. Senator STACK. Madam President, I hate to break up the

tempo. I did want to go back for a few seconds on House Bill No. 888, which I support, and it is a long-awaited measure that would expand and augment Pennsylvania's prescription drug programs, mostly for lower income senior citizens. I want to applaud Governor Rendell and the House of Representatives for proactively drafting and pushing this legislation instead of wait­ing for the Federal government to act. I also want to thank Sena­tor Orie for holding public hearings on this highly critical mea­sure and for getting it out of committee today, and hopefully sometime soon onto the floor of the Senate. I also want to thank Senator Kukovich for his great work on it, as well as all the Members of the Committee on Aging and Youth, of which I am a Member. It leaves only one hurdle for House Bill No. 888, which should be a minor one, and that would be an approval vote of the full Senate.

The pertinent facts and figures have been drilled into our heads for years. Without House Bill No. 888, thousands of older Pennsylvanians could lose their prescription drug benefits by the end of the year, and tens of thousands more will continue to be excluded from the benefits of the PACE and PAGENET pro­grams. We have discussed, debated, altered, and fine-tuned this bill. It is an excellent piece of legislation, and it provides many benefits to a class of citizens who deserve them most. Pennsylva­nia senior citizens have waited years to gain affordable access to the medications that enable them to live healthy and active lives.

That wait must end, and it must end now. The version of House Bill No. 888 that passed the Committee on Aging and Youth today is similar to a bill that unanimously passed the House of Representatives. It contains many good provisions such as lan­guage establishing best price rebates. I introduced a bill to pro­vide for these rebates earlier this year. The best price language will help that PACE program to save at least $31 million a year. It is time for this Chamber to act, and I urge my colleagues to move this bill, and when it comes to the floor, to cast a "yes" vote on House Bill No. 888.

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

Schuylkill, Senator Rhoades. Senator RHOADES. Madam President, this coming week I

will introduce legislation to create a task force on early childhood education. Over the past 6 to 7 months, we have talked a great deal about or have heard a great deal about the need for expand­ing full-day kindergarten and pre-kindergarten programs in Penn­sylvania. We have talked about or heard a great deal about reduc­ing class size in kindergarten through third grade, and we have talked about spending money to do it. Unfortunately, we have not talked enough about how much is it really going to cost and where that money will come from. But I think that is an issue that cannot be discussed until we specifically define what types of programs, what type of need, and where we are going to put this all in practice. For the most part, these conversations have been more around anecdotes, stump speeches, and promises to do what is right for our children. Now, on the strength of these anec­dotes and acrimony, the debate over these initiatives has stopped the flow of State subsidy money to our school districts. Unfortu­nately, some believe that we must spend on these early childhood initiatives, yet they refuse to pay our schools the State moneys to which they are entitled. I fail to see how that is doing what is right for our children, all of our children.

Since I arrived here in 1981, as have many of my colleagues, our highest priority has been to do what is right for our children, and I suppose I can say that maybe comes from my background as a teacher, as a coach, and as a principal, but I would say even more importantly, as a parent and now as a grandparent. I never believed that simply throwing money at a problem can solve it. As a matter of fact, as a middle school principal in a poor district, I had to find more ways on my own initiative, working with staff, to be able to develop things to offer our boys and girls, and it was done. So, to me defining what is right for our children takes more work than money, and I was reminded of this when I saw a recent editorial cartoon in one of our major newspapers. As a matter of fact, it was in the Philadelphia Inquirer, and it was done by Glenn McCoy. It is a blackboard, and the cartoon depicts several adults sitting in a classroom with the inscription, "Day 1 At Politician School," and on the blackboard its says, "For the Children," and then the instructor says, "...so to recap, if you attach this slogan to any big spending bill, it's sure to pass," which means if you say it is for the children, we should all vote for it and it should be the thing that is done.

This is, in a way, what we are being asked to do in early child­hood education, spend money without knowing who, what, why, when, where, how, and assessing all of that and being able to

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implement all of that in a reasonable way, and we are being asked to do that because we are saying it is right for the children.

I know many people will say the task force and study commis­sions and the like are often criticized as mechanisms that slow progress by postponing actions and studying an issue to death, and perhaps that is true, because maybe some people have had that intention. That is not mine. But, before this General Assem­bly commits to hundreds of millions of dollars in new spending and new taxes on early childhood education, we need to know how many classrooms we have, how many we will need, how much it will cost to build them, to hire teachers, to order new books, and to also provide all the ancillary services that are needed, who has the programs now, and whether those programs work and are improving academic performance. The other thing is, we all have a tendency to look for academic performance. How do you get that? Well, I will tell you that last week we had a chance. The House Committee on Education had Dr. Steven Bamett, who is a national authority from the National Institute for Early Education Research out of Rutgers University, he heads it up, and what he shows is better teachers, better preschool, stu­dent achievement linked to teacher qualifications. One of his policy recommendations is to require preschool teachers to have a 4-year college degree, and you will find out that Head Start has lower educational requirements for teachers than most State pre-kindergarten programs.

I love the Head Start program. I think it is a great program, but now we are going to require the teachers, as he is recom­mending, to have a 4-year college degree. What is that going to do to the Head Start program? Do we know? Has anyone figured that out? Has anyone talked about that? Does anyone have an idea what the cost is going to be to do that? And then he wants them to specialize their training in order to increase the educa­tional effectiveness of publicly funded programs. This is not just being an elementary teacher or early childhood teacher, but spe­cializing in early childhood. We have to know what the ramifica­tions of that are going to be to design professional development programs enabling current early education teachers to earn a 4-year degree. I would also add to that that they should be look­ing at in-service programs. Who is going to put the in-service programs together? Who is going to tell us what are the best in-service programs we will need?

On top of that, he also came up with another proposal, high-quality preschool, why we need it and what it looks like. One of the things they said, develop State standards for all pre­school programs. Do we have State standards for all preschool programs? I know we are working on them on a K through 12 basis, but do we have them for preschool? Is there a line between our kindergarten and the rest of our standards? Raise teacher salaries and benefits to levels similar to those of K to 12 counter­parts. Develop, this is to me very interesting and very appropri­ate, vital measures of early educational quality incorporating recent research on early literacy, mathematical, scientific, social, and emotional learning. Provide continuous training and quality improvement efforts to all preschool teachers and programs. Work together at Federal, State, and local levels to establish a coordinated system of high quality education and care for all 3 and 4 year olds.

I have to add to that, too, we are only talking 3 and 4 year olds. I know the Nurse-Family Partnership Program is a very effective program that goes down below 3 and 4 year olds. Do we want to go that far down? We have not defined those pro­grams or worked out those answers, and I want to know the an­swers as a Member of the Senate, as a parent, as an educator, and most importantly, as a taxpayer. I believe we all should know. Most importantly, the citizens should know because they are going to be asked to pay the bill, and let me remind you, that bill will be paid not only by the State for the tax increases we are looking for, but in the initial year it was only 45 percent, then it went up to about 65 or 75 percent, and in the third year was sup­posed to be fully funded. Those numbers have been projected beyond, so the first year it is only 45 percent that the State gives. Well, who is going to make up the other 55 percent, and then who is going to make up the difference in the second year? The other thing is, there is growth in there. California did a study and one of their studies showed it would cost $650. It is up to $850. Do we have the growth and the projection there so that we can know these numbers and put in the right kind of formula, the right kind of spending and revenues in to make sure there is go­ing to be sufficient funding to carry all these programs to date? To date we have not had a meeting to get those answers, and I do not think we should spend money until we do.

I have to acknowledge that the Governor or his designee was kind enough to provide all of us with three binders full of infor­mation on these issues, nice big, thick binders, and I will tell you, I actually reviewed those binders. What did I find out? Of the 32 documents included, only one was based on research of programs in Pennsylvania. Of the 32 documents included, only 12 were original studies, the rest were summaries, literature reviews, and articles. Of the many arguments in favor of early childhood pro­grams, one passage still stands out in my mind. It read, "The two most important things we don't know about early childhood inter­vention programs is why successful programs work - and why those not shown to be successful don't." That was from the RAND Study, "Investing in our Children: What We Know and Don't Know About the Costs and Benefits of Early Childhood Interventions."

For those of you here, I would recommend you take a look at another study. This was done with the American Institute for Research (AIR), RAND, WestEd, Policy Analysis for California Education (PACE), and EdSource. These are ed laboratory areas. It is entitled, "What We Have Learned About Class Size Reduc­tion in California." It is from September 2002. It talks about an implementation plan, the issues they raise, and what they bring forth is the same thing we should be asking ourselves. They make some dam good recommendations in there, so I recommend it to all of my colleagues to read so they will be familiar with what is going on.

Now, if the goal of giving out those binders was to persuade, they fell far short of what I would call educational practice, im­plementation, and reality research. So, the task force I am asking will be empowered to do a true study. It will include educators and researchers and business people and others. It will work until May 2004, and it will provide us with real facts and recommen­dations prior to our next budget. We have May 4, so you have

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May and June. I have, and I will keep, an open mind about early childhood education, because I, too, want to do what is right for the children, but until we receive specific programs, best prac­tices, recommendations, we should not make our schools and students suffer an intermption in programming. And right now, most importantly, we should not make them suffer through a shortfall in State subsidies, because the ramifications that are going to come out of that are that it is going to affect all the pro­grams. We are holding hostage all of our kids for programs that we do not know enough about. We say they are good and I be­lieve they are good, but what are the best practices? What is the bottom line cost? What is the core curriculum? What is the pro­fessional development that we need to be able to put in place? All of these things have to be developed before we can have a meaningful program that is going to give us that kind of aca­demic achievement.

My mom always told me, she said, if you are going to do something, do it right or do not do it at all, and so what I say is, let us do it right. Let us fund our schools right now to keep them running, and let us prepare for a pre-kindergarten, full-day kin­dergarten, and small class sizes to be done and to be done right.

Thank you, Madam President.

ADJOURNMENT

The PRESIDENT. The Chair recognizes the gentleman from Dauphin, Senator Piccola.

Senator PICCOLA. Madam President, I move that the Senate do now adjourn until Monday, October 20, 2003, at 2 p.m., East-em Daylight Saving Time.

The motion was agreed to by voice vote. The Senate adjourned at 12:55 p.m., Eastern Daylight Saving

Time.