COMMONWEALTH OF PENNSYLVANIA rj izLathrr j trnrrnd MONDAY, MAY 24, 2010

SESSION OF 2010 194TH OF THE GENERAL ASSEMBLY No. 29

SENATE I PLEDGE OF ALLEGIANCE MONDAY, May 24, 2010 (The Pledge of Allegiance was recited by those assembled.) The Senate met at 1 p.m., Eastern Daylight Saving Time. COMMUNICATIONS FROM THE GOVERNOR

The PRESIDENT (Lieutenant Governor Joseph B. Scarnati III) SENATE BILL RETURNED WITHOUT APPROVAL in the Chair. PRAYER The PRESIDENT laid before the Senate the following veto message from His Excellency, the Governor of the Common- The Chaplain, Reverend ROBERT RONCASE, Pastor of wealth, advising that the following Senate Bill had been returned Saint Philip Neri Parish, Pennsburg, offered the following without approval: prayer: SB 81, entitled: Father, all-powerful and ever-loving God, we do well to give You praise forever and to give You thanks in all we do. You An Act amending the act of April 12, 1951 (P.L.90, No.21), known spoke to men and women a message of peace and taught us to as the Liquor Code, further defining for the definition of "eligible en- live as brothers and sisters. This message took form in the vision tity" and adding definitions; further providing for general powers of the board, for wine marketing and for Sunday retail sales by Pennsylvania of our fathers as they fashioned a nation and this Common- Liquor Stores; and, in licenses and regulations relating to liquor, alcohol wealth, where men and women might live as one. This message and malt and brewed beverages, further providing for interlocking busi- lives on in our midst as a task for us today and a promise for nesses prohibited, for number and kinds of licenses allowed same li- tomorrow. We thank You, Father, for Your blessings in the past censee, for unlawful acts relative to liquor, malt and brewed beverages and licenses issued and for limited wineries. and for all that, with Your help, we must yet achieve. Blessed are You, Lord, God of wisdom. Accept the prayer we The CLERK read the veto message as follows: offer. May the wisdom of our leaders and elected officials bring about harmony. May justice be secured for lasting prosperity and May 14, 2010 peace. Blessed are You, Lord, God of charity and love. May the charity and love we are commanded to live be a sign of our love To The Honorable, the Senate of the Commonwealth of Pennsylvania: for You. Blessed are You, Lord, Creator of humankind. You know the longings of our hearts and protect the rights of all men I am returning herewith, without my approval, Senate Bill 81, Printer's Number 1862, entitled "AN ACT amending the act of April 12, and women. 1951 (P.L.90, No.21), known as the Liquor Code, further defining for In Your goodness, watch over those elected to authority so the definition of "eligible entity" and adding definitions; further provid- that people in this Commonwealth and everywhere may enjoy ing for general powers of the board, for wine marketing and for Sunday freedom and security. Father, help these legislators to strive with retail sales by Pennsylvania Liquor Stores; and, in licenses and regula- tions relating to liquor, alcohol and malt and brewed beverages, further all their hearts to know what is pleasing to You, and when they providing for interlocking businesses prohibited, for number and kinds know Your will, make them determined to do it. As they are of licenses allowed same licensee, for unlawful acts relative to liquor, called on daily to fulfill their office, help them to faithfully serve malt and brewed beverages and licenses issued and for limited winer- You as they help and care for the citizens of this great Common- ies." Senate Bill 81 makes several amendments to the Liquor Code. wealth of Pennsylvania. Among these is a provision that would prohibit a Pennsylvania Liquor So, Father, we humbly ask You to send down Your abundant Control Board (PLCB) store from sharing an interior connection with blessing on these, Your servants, who so generously devote another business, unless that other business prohibits the consumption themselves to helping others through their public service. Give of alcohol on its premises. Furthermore, any store that currently has such a connection to business [sic] that does allow consumption of them wisdom, loving and charitable hearts, and the determination alcohol on its premises must cease to operate by January 31, 2015, at to bring security and peace. We ask this, Lord, the one God who the latest, unless it changes its policy of allowing the consumption of lives and reigns forever and ever, and may God bless the United alcoholic beverages on its premises. In short, no PLCB store may be States of America and the Commonwealth of Pennsylvania. connected interiorly to a "bring your own bottle" or "BYOB" establish- ment. Amen. To prohibit such an arrangement between a responsible business owner and the PLCB impedes the modernization of alcohol sales in our The PRESIDENT. The Chair thanks Father Roncase, who is Commonwealth. Pennsylvania has been criticized as having one of the the guest today of Senator Mensch. most outdated and arcane state-run alcohol sales regimes. In order to further bring Pennsylvania's liquor sales practices into the 21st century, 2048 LEGISLATIVE JOURNAL - SENATE MAY 24, we need to encourage innovative PLCB programs and foster new and In conformity with law, I have the honor hereby to nominate for the novel, progressive yet responsible ways to reach customers more easily, advice and consent of the Senate, Stephanie Moore (Voting Member), not stifle or statutorily prohibit efforts toward modernization. R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Some members of the General Assembly may believe that there is Senatorial District, for appointment as a member of the Appalachian a need to limit the location or number of PLCB stores that share space States Low-Level Radioactive Waste Commission, to serve at the plea- with a BYOB establishment, or limit the interior distance between the sure of the Governor, vice The Honorable Dennis Yablonsky, Harris- PLCB store and the BYOB establishment so as to not disenfranchise burg, resigned. neighboring licensed establishments. However, to ban them outright moves us away from innovative sales options of the PLCB. EDWARD G. RENDELL Furthermore, to disallow a BYOB establishment to operate with a Governor PLCB store under the same roof, while there is no similar bar to setting up a BYOB establishment next door to a PLCB store--where they may even share a common wall but a separate entrance--is a distinction with- MEMBER OF THE STATE BOARD OF CHIROPRACTIC out a difference. There is no more of a competitive edge for a BYOB that shares a roof with a PLCB store than there is for one that is directly May 6, 2010 next door. In fact, it is entirely possible that a BYOB establishment and To the Honorable, the Senate a PLCB store connected via interior passageway could be further away of the Commonwealth of Pennsylvania: from each other than the BYOB establishment and the PLCB store that exist side-by-side. In conformity with law, I have the honor hereby to nominate for the Another illogical consequence of signing this bill would be to pre- advice and consent of the Senate, Michael A. Phillips, D.C., 34 North clude the opening of BYOB establishment [sic] in the same mall where Fifth Street, Sunbury 17801, Northumberland County, Twenty-seventh a PLCB retail outlet is located, even if their locations were at opposite Senatorial District, for reappointment as a member of the State Board ends of the mall complex. Again, restrictions of this sort inhibit the of Chiropractic, to serve for a term of four years or until his successor ability of the PLCB to respond to the interests of the consumer market- is appointed and qualified, but not longer than six months beyond that place. period. If the General Assembly wishes [sic] enact legislation to ensure the appropriate implementation of this new model of PLCB sales, I would EDWARD G. RENDELL consider legislation that grants the PLCB regulatory authority over this Governor aspect of PLCB operations. For the reasons set forth above, I must withhold my signature from Senate Bill 81, Printer's Number 1862. MEMBER OF THE CONSTABLES' EDUCATION AND TRAINING BOARD Sincerely, May 6, 2010 EDWARD G. RENDELL Governor To the Honorable, the Senate of the Commonwealth of Pennsylvania: The PRESIDENT. The communication and bill will be laid on the table. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, A.R. DeFilippi, 114 Jenny Lynn NOMINATIONS REFERRED TO COMMITTEE Drive, Aliquippa 15001, Beaver County, Forty-seventh Senatorial Dis- trict, for reappointment as a member of the Constables' Education and The PRESIDENT laid before the Senate the following com- Training Board, to serve for a term of three years and until his successor munications in writing from His Excellency, the Governor of the is appointed and qualified. Commonwealth, which were read as follows and referred to the EDWARD G. RENDELL Committee on Rules and Executive Nominations: Governor MEMBER OF THE APPALACHIAN STATES MEMBER OF THE STATE BOARD OF DENTISTRY LOW-LEVEL RADIOACTIVE WASTE COMMISSION May 6, 2010 May 6, 2010 To the Honorable, the Senate To the Honorable, the Senate of the Commonwealth of Pennsylvania: of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, R. Ivan Lugo, DMD, MBA, FACD, advice and consent of the Senate, Amy K. Kokos (Voting Member), 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, FICD, 530 S. 2nd Street, #8, Philadelphia 19147, Philadelphia County, Thirty-first Senatorial District, for appointment as a member of the First Senatorial District, for appointment as a member of the State Appalachian States Low-Level Radioactive Waste Commission, to Board of Dentistry, to serve for a term of six years or until his successor serve at the pleasure of the Governor, vice The Honorable Calvin B. is appointed and qualified, but not longer than six months beyond that period, vice John Reitz, Reading, whose term expired. Johnson, Harrisburg, resigned. EDWARD G. RENDELL EDWARD G RENDELL Governor Governor

MEMBER OF THE APPALACHIAN STATES MEMBER OF THE STATE BOARD OF NURSING LOW-LEVEL RADIOACTIVE WASTE COMMISSION May 6, 2010 May 6, 2010 To the Honorable, the Senate To the Honorable, the Senate of the Commonwealth of Pennsylvania: of the Commonwealth of Pennsylvania: 2010 LEGISLATIVE JOURNAL - SENATE 2049

In conformity with law, I have the honor hereby to nominate for the In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Kristin Malady, 521 Hertzler Road, advice and consent of the Senate, The Honorable [sic] Thomas E. Mechanicsburg 17055, Cumberland County, Thirty-first Senatorial Gluck, 1931 Monterey Drive, Mechanicsburg 17050, Cumberland District, for appointment as a member of the State Board of Nursing, to County, Thirty-first Senatorial District, for appointment as Secretary of serve for a term of six years or until her successor is appointed and Education, to serve for a term of four years and until his successor is qualified, but not longer than six months beyond that period, vice Janet appointed and qualified, vice The Honorable Gerald Zahorchak, Shields, RN, Palmyra, whose term expired. Johnstown, resigned.

EDWARD G. RENDELL EDWARD G. RENDELL Governor Governor MEMBER OF THE PROFESSIONAL STANDARDS MEMBER OF THE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION AND PRACTICES COMMISSION May 6, 2010 May 11, 2010 To the Honorable, the Senate of the Commonwealth of Pennsylvania: To the Honorable, the Senate In conformity with law, I have the honor hereby to nominate for the of the Commonwealth of Pennsylvania: advice and consent of the Senate, Mark E. Holman, 820 Applewine Court, York 17404, York County, Twenty-eighth Senatorial District, for In conformity with law, I have the honor hereby to nominate for the appointment as a member of the Professional Standards and Practices advice and consent of the Senate, Dr. Eugene M. Dangelo, 271 Iowa Commission, to serve until the third Tuesday of January 2011, and until Street, Greensburg 15601, Westmoreland County, Thirty-ninth Senato- his successor is appointed and qualified, vice Joseph Muldowney, Potts- rial District, for appointment as a member of the Professional Standards ville, whose term expired. and Practices Commission, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified, vice Joseph EDWARD G. RENDELL Muldowney, Pottsville, whose term expired. Governor EDWARD G. RENDELL MEMBER OF THE PROFESSIONAL STANDARDS Governor AND PRACTICES COMMISSION MEMBER OF THE PROFESSIONAL STANDARDS May 6, 2010 AND PRACTICES COMMISSION To the Honorable, the Senate of the Commonwealth of Pennsylvania: May 11, 2010

In conformity with law, I have the honor hereby to nominate for the To the Honorable, the Senate advice and consent of the Senate, Clythera S. Hornung, 616 Sunset of the Commonwealth of Pennsylvania: Road, St. Marys 15857, Elk County, Twenty-fifth Senatorial District, for appointment as a member of the Professional Standards and Prac- In conformity with law, I have the honor hereby to nominate for the tices Commission, to serve until the third Tuesday of January 2011, and advice and consent of the Senate, Judith A. Metzler, 31444 Stanford until her successor is appointed and qualified, vice Myron Yoder, Road, Cambridge Springs 16403, Crawford County, Fiftieth Senatorial Emmaus, whose term expired. District, for appointment as a member of the Professional Standards and Practices Commission, to serve until the third Tuesday of January 2011, EDWARD G. RENDELL and until her successor is appointed and qualified, vice Myron Yoder, Governor Emmaus, whose term expired.

MEMBER OF THE PENNSYLVANIA EDWARD G. RENDELL TURNPIKE COMMISSION Governor

May 6, 2010 MEMBER OF THE PROFESSIONAL STANDARDS To the Honorable, the Senate AND PRACTICES COMMISSION of the Commonwealth of Pennsylvania: May 11, 2010 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, William K. Lieberman, 201 Gladstone Road, Pittsburgh 15217, Allegheny County, Forty-third Senatorial Dis- To the Honorable, the Senate trict, for appointment as a member of the Pennsylvania Turnpike Com- of the Commonwealth of Pennsylvania: mission, to serve for a term of four years or until his successor is ap- pointed and qualified, vice Timothy J. Carson, Rosement, resigned. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Ron Rabenold, 379 Fairyland Road, EDWARD G. RENDELL Lehighton 18235, Carbon County, Twenty-ninth Senatorial District, for Governor appointment as a member of the Professional Standards and Practices Commission, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified, vice Linda G Michel, Ephrata, SECRETARY OF EDUCATION whose term expired.

May 10, 2010 EDWARD G. RENDELL Governor To the Honorable, the Senate of the Commonwealth of Pennsylvania: 2050 LEGISLATIVE JOURNAL - SENATE MAY 24,

SHERIFF, MONTGOMERY COUNTY MEMBER OF THE PENNSYLVANIA PUBLIC TELEVISION NETWORK COMMISSION May 11, 2010 To the Honorable, the Senate May 17, 2010 of the Commonwealth of Pennsylvania: To the Honorable, the Senate In conformity with law, I have the honor hereby to nominate for the of the Commonwealth of Pennsylvania: advice and consent of the Senate, Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senato- In conformity with law, I have the honor hereby to nominate for the rial District, for appointment as Sheriff, in and for the County of Mont- advice and consent of the Senate, Amy K. Kokos, 22 Woodview Drive, gomery, to serve until the first Monday of January 2012, vice The Hon- Mount Holly Springs 17065, Cumberland County, Thirty-first Senato- orable John P. Durante, deceased. rial District, for appointment as a member of the Pennsylvania Public Television Network Commission, to serve until August 17, 2015, or EDWARD G. RENDELL until her successor is appointed and qualified, but not longer than six Governor months beyond that period, vice Jacqueline Goodwin, Harrisburg, whose term expired. MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING EDWARD G. RENDELL Governor May 13, 2010 MEMBER OF THE STATE BOARD OF EDUCATION To the Honorable, the Senate of the Commonwealth of Pennsylvania: May 19, 2010 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Christina Valocchi (Public Member), To the Honorable, the Senate 252 East Market Street #364, West Chester 19382, Chester County, of the Commonwealth of Pennsylvania: Nineteenth Senatorial District, for appointment as a member of the State Board of Examiners in Speech-Language and Hearing, to serve for a In conformity with law, I have the honor hereby to nominate for the term of three years and until her successor is appointed and qualified, advice and consent of the Senate, Wendy Beetlestone, 10 Hathaway but not longer than six months beyond that period, vice Nader Ayoub, Circle, Wynnewood 19096, Montgomery County, Seventeenth Senato- Springfield, whose term expired. rial District, for appointment as a member of the State Board of Educa- tion, to serve until October 1, 2014, or until her successor is appointed EDWARD G. RENDELL and qualified, vice Sheila Dow-Ford, Harrisburg, whose term expired. Governor EDWARD G. RENDELL Governor SHERIFF, BRADFORD COUNTY

May 14, 2010 MEMBER OF THE PENNSYLVANIA LIQUOR CONTROL BOARD To the Honorable, the Senate of the Commonwealth of Pennsylvania: May 19, 2010 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Stephanie Moore, R.R. 2, Box 397, To the Honorable, the Senate Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, of the Commonwealth of Pennsylvania: for appointment as Sheriff, in and for the County of Bradford, to serve until the first Monday of January 2012, vice The Honorable Steven A. In conformity with law, I have the honor hereby to nominate for the Evans, resigned. advice and consent of the Senate, Robert S. Marcus, Esquire, 630 School Street, Indiana 15701, Indiana County, Forty-first Senatorial EDWARD G. RENDELL District, for reappointment as a member of the Pennsylvania Liquor Governor Control Board, to serve until the third Tuesday of May 2014, and until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE BOARD OF PODIATRY EDWARD G RENDELL May 17, 2010 Governor

To the Honorable, the Senate MEMBER OF THE PENNSYLVANIA of the Commonwealth of Pennsylvania: COUNCIL ON AGING In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Stephanie Moore, R.R. 2, Box 397, May 24, 2010 Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, for appointment as a member of the State Board of Podiatry, to serve for To the Honorable, the Senate a term of four years or until her successor is appointed and qualified, of the Commonwealth of Pennsylvania: but not longer than six months beyond that period, vice Steven J. Collina, M.D., Aston, resigned. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Amy K. Kokos, 22 Woodview Drive, EDWARD G. RENDELL Mount Holly Springs 17065, Cumberland County, Thirty-first Senato- Governor rial District, for appointment as a member of the Pennsylvania Council 2010 LEGISLATIVE JOURNAL - SENATE 2051 on Aging, to serve until October 8, 2010, and until her successor is In conformity with law, I have the honor hereby to nominate for the appointed and qualified, vice Mary Erwine, Shavertown, resigned. advice and consent of the Senate, MaryLou Enoches, One Manor Drive, West Chester 19380, Chester County, Nineteenth Senatorial District, for EDWARD G. RENDELL reappointment as a member of the State Board of Cosmetology, to serve Governor for a term of three years and until her successor is appointed and quali- fied, but not longer than six months beyond that period. MEMBER OF THE ANIMAL HEALTH AND DIAGNOSTIC COMMISSION EDWARD G. RENDELL Governor May 24, 2009 [sic] RECALL COMMUNICATIONS To the Honorable, the Senate REFERRED TO COMMITTEE of the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for the The PRESIDENT laid before the Senate the following com- advice and consent of the Senate, Jerry Paul Slayton, 2272 Dibert Road, munications in writing from His Excellency, the Governor of the Bedford 15522, Bedford County, Thirtieth Senatorial District, for ap- Commonwealth, which were read as follows and referred to the pointment as a member of the Animal Health and Diagnostic Commis- Committee on Rules and Executive Nominations: sion, to serve for a term of four years and until her successor is ap- pointed and qualified, but not longer than six months beyond that pe- riod, vice James Henry, New Bethlehem, whose term expired. MEMBER OF THE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION EDWARD G. RENDELL Governor May 11, 2010

MEMBER OF THE ARCHITECTS To the Honorable, the Senate of the Commonwealth of Pennsylvania: LICENSURE BOARD In accordance with the power and authority vested in me as Gover- May 24, 2010 nor of the Commonwealth, I do hereby recall my nomination dated. May 6, 2010, for the appointment of Mark E. Holman, 820 Applewine Court, To the Honorable, the Senate York 17404, York County, Twenty-eighth Senatorial District, as a of the Commonwealth of Pennsylvania: member of the Professional Standards and Practices Commission, to serve until the third Tuesday of January 2011, and until his successor is In conformity with law, I have the honor hereby to nominate for the appointed and qualified, vice Joseph Muldowney, Pottsville, whose advice and consent of the Senate, Howard K. Graves, AIA, 3479 term expired. Beechwood Boulevard, Pittsburgh 15217, Allegheny County, Forty- I respectfully request the return to me of the official message of third Senatorial District, for appointment as a member of the Architects nomination on the premises. Licensure Board, to serve until January 23, 2010, [sic] or until his suc- cessor is appointed and qualified, but not longer than six months beyond EDWARD G RENDELL that period, vice Ana Guzman, Pittsburgh, deceased. Governor EDWARD G. RENDELL Governor MEMBER OF THE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION SECRETARY OF COMMUNITY May 11, 2010 AND ECONOMIC DEVELOPMENT To the Honorable, the Senate May 24, 2010 of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as Gover- To the Honorable, the Senate nor of the Commonwealth, I do hereby recall my nomination dated May of the Commonwealth of Pennsylvania: 6, 2010, for the appointment of Clythera S. Hornung, 616 Sunset Road, St. Marys 15857, Elk County, Twenty-fifth Senatorial District, as a In conformity with law, I have the honor hereby to nominate for the member of the Professional Standards and Practices Commission, to advice and consent of the Senate, Austin J. Burke, 263 Laurel Street, serve until the third Tuesday of January 2011, and until her successor Archbald 18403, Lackawanna County, Twenty-second Senatorial Dis- is appointed and qualified, vice Myron Yoder, Emmaus, whose term trict, for appointment as Secretary of Community and Economic Devel- expired. opment, to serve until the third Tuesday of January 2011, and until his I respectfully request the return to me of the official message of successor is appointed and qualified, vice The Honorable George E. nomination on the premises. Cornelius, West Chester, resigned. EDWARD G RENDELL EDWARD G. RENDELL Governor Governor MEMBER OF THE PROFESSIONAL STANDARDS MEMBER OF THE STATE BOARD OF COSMETOLOGY AND PRACTICES COMMISSION

May 24, 2010 May 11, 2010

To the Honorable, the Senate To the Honorable, the Senate of the Commonwealth of Pennsylvania: of the Commonwealth of Pennsylvania: 2052 LEGISLATIVE JOURNAL - SENATE MAY 24,

In accordance with the power and authority vested in me as Gover- Board, to serve for a term of four years or until his successor is ap- nor of the Commonwealth, I do hereby recall my nomination dated pointed and qualified, but not longer than six months beyond that pe- April 22, 2010, for the reappointment of Linda G Michel, One Carriage riod. Lane, Ephrata 17522, Lancaster County, Thirty-sixth Senatorial Dis- I respectfully request the return to me of the official message of trict, as a member of the Professional Standards and Practices Commis- nomination on the premises. sion, to serve until the third Tuesday of January 2011, and until her successor is appointed and qualified. EDWARD G. RENDELL I respectfully request the return to me of the official message of Governor nomination on the premises.

EDWARD G. RENDELL MEMBER OF THE PENNSYLVANIA Governor FISH AND BOAT COMMISSION

MEMBER OF THE STATE BOARD OF CHIROPRACTIC May 24, 2010

May 14, 2010 To the Honorable, the Senate of the Commonwealth of Pennsylvania:

To the Honorable, the Senate In accordance with the power and authority vested in me as Gover- of the Commonwealth of Pennsylvania: nor of the Commonwealth, I do hereby recall my nomination dated March 4, 2010, for the appointment of Amy K. Kokos, 22 Woodview In accordance with the power and authority vested in me as Gover- Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first nor of the Commonwealth, I do hereby recall my nomination dated May Senatorial District, as a member of the Pennsylvania Fish and Boat 6, 2010, for the reappointment of Michael A. Phillips, D.C., 34 North Commission, to serve for a term of eight years or until her successor is Fifth Street, Sunbury 17801, Northumberland County, Twenty-seventh appointed and qualified, but not longer than six months beyond that Senatorial District, as a member of the State Board of Chiropractic, to period, vice Norman R. Gavlick, MBA, CPRW, Kingston, whose term serve for a term of four years or until his successor is appointed and expired. qualified, but not longer than six months beyond that period. I respectfully request the return to me of the official message of I respectfully request the return to me of the official message of nomination on the premises. nomination on the premises. EDWARD G. RENDELL EDWARD G. RENDELL Governor Governor MEMBER OF THE MUNICIPAL POLICE OFFICERS' MEMBER OF THE STATE REGISTRATION EDUCATION AND TRAINING COMMISSION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS May 24, 2010

May 14, 2010 To the Honorable, the Senate of the Commonwealth of Pennsylvania: To the Honorable, the Senate of 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 In accordance with the power and authority vested in me as Gover- February 1, 2010, for the appointment of Barbara Jollie, PO Box 413, nor of the Commonwealth, I do hereby recall my nomination dated May Irwin 15642, Westmoreland County, Thirty-ninth Senatorial District, as 3, 2010, for the reappointment of David G. Smith, 1606 Pine Street, a member of the Municipal Police Officers Education and Training Scranton 18509, Lackawanna County, Twenty-second Senatorial Dis- Commission, to serve for a term of three years and until her successor trict, as a member of the State Registration Board for Professional Engi- is appointed and qualified, vice Lt. Col. John J. McGeehan, Bethlehem, neers, Land Surveyors and Geologists, to serve for a term of six years whose term expired. or until his successor is appointed and qualified, but not longer than six I respectfully request the return to me of the official message of months beyond that period. nomination on the premises. I respectfully request the return to me of the official message of nomination on the premises. EDWARD G. RENDELL Governor EDWARD G. RENDELL Governor MEMBER OF THE MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION MEMBER OF THE ARCHITECTS LICENSURE BOARD May 24, 2010 To the Honorable, the Senate May 24, 2010 of the Commonwealth of Pennsylvania:

To the Honorable, the Senate In accordance with the power and authority vested in me as Gover- of the Commonwealth of Pennsylvania: nor of the Commonwealth, I do hereby recall my nomination dated February 8, 2010, for the appointment of Chris Michaels, 107 In accordance with the power and authority vested in me as Gover- Greenbrier Drive, Clarks Green 18411, Lackawanna County, Twenty- nor of the Commonwealth, I do hereby recall my nomination dated second Senatorial District, as a member of the Municipal Police Offi- January 28, 2010, for the reappointment of Howard K. Graves, AIA, cers' Education and Training Commission, to serve for a term of three 3479 Beechwood Boulevard, Pittsburgh 15217, Allegheny County, years and until his successor is appointed and qualified, vice Christo- Forty-third Senatorial District, as a member of the Architects Licensure pher J. Delozier, New Cumberland, whose term expired. 2010 LEGISLATIVE JOURNAL - SENATE 2053

I respectfully request the return to me of the official message of MAGISTERIAL DISTRICT JUDGE nomination on the premises.

EDWARD G. RENDELL May 24, 2010 Governor To the Honorable, the Senate MEMBER OF THE MUNICIPAL POLICE OFFICERS' of the Commonwealth of Pennsylvania: EDUCATION AND TRAINING COMMISSION In accordance with the power and authority vested in me as Gover- nor of the Commonwealth, I do hereby recall my nomination dated May 24, 2010 March 1, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as Magisterial District Judge, in and for the County To the Honorable, the Senate of Columbia, Magisterial District 26-3-02, to serve until the first Mon- of the Commonwealth of Pennsylvania: day of January 2012, vice Richard P. Cashman, resigned. I respectfully request the return to me of the official message of In accordance with the power and authority vested in me as Gover- nomination on the premises. nor of the Commonwealth, I do hereby recall my nomination dated February 8, 2010, for the appointment of Deborah A. Sieger, PhD, 30 EDWARD G. RENDELL Forgedale Road, Fleetwood 19522, Berks County, Eleventh Senatorial Governor District, as a member of the Municipal Police Officers' Education and Training Commission, to serve for a term of three years and until her successor is appointed and qualified, vice Bart Burne, Laflin, whose HOUSE MESSAGES term expired. I respectfully request the return to me of the official message of HOUSE BILLS FOR CONCURRENCE nomination on the premises. The Clerk of the House of Representatives presented to the EDWARD G. RENDELL Senate the following bills for concurrence, which were referred Governor to the committees indicated:

MEMBER OF THE STATE BOARD OF NURSING May 5, 2010

May 24, 2010 HB 1787 -- Committee on Transportation. HB 2235 -- Committee on Environmental Resources and En- To the Honorable, the Senate of the Commonwealth of Pennsylvania: ergy. In accordance with the power and authority vested in me as Gover- May 7, 2010 nor of the Commonwealth, I do hereby recall my nomination dated February 2, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first HB 169 -- Committee on Finance. Senatorial District, as a member of the State Board of Nursing, to serve for a term of six years or until her successor is appointed and qualified, May 13, 2010 but not longer than six months beyond that period, vice Paulet Washing- ton, Pittsburgh, declined appointment. Committee on Rules and Executive Nominations. I respectfully request the return to me of the official message of HB 2365 -- nomination on the premises. May 19, 2010 EDWARD G. RENDELL Governor HB 2108 -- Committee on Rules and Executive Nominations.

MAGISTERIAL DISTRICT JUDGE HOUSE RESOLUTION FOR CONCURRENCE

May 24, 2010 The Clerk of the House of Representatives presented to the Senate the following resolution for concurrence, which was re- To the Honorable, the Senate of the Commonwealth of Pennsylvania: ferred to the committee indicated:

In accordance with the power and authority vested in me as Gover- May 5, 2010 nor of the Commonwealth, I do hereby recall my nomination dated February 23, 2010, for the appointment of B.J. Clark, 611 East Darby Committee on Veterans Affairs and Emergency Road, Havertown 19083, Delaware County, Seventeenth Senatorial HR 403 -- District, as Magisterial District Judge, in and for the County of Blair, Preparedness. Magisterial District 24-1-01, to serve until the first Monday of January 2012, vice Joseph L. Moran, deceased. BILLS INTRODUCED AND REFERRED I respectfully request the return to me of the official message of nomination on the premises. The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were EDWARD G. RENDELL read by the Clerk: Governor 2054 LEGISLATIVE JOURNAL - SENATE MAY 24,

May 7, 2010 An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for apportionment of busi- ness income. Senators MUSTO, WOZNIAK, FONTANA, TARTAGLIONE, WASHINGTON and BOSCOLA presented to Which was committed to the Committee on FINANCE, May the Chair SB 1357, entitled: 12, 2010. An Act amending Title 53 (Municipalities Generally) of the Penn- sylvania Consolidated Statutes, creating the Boundary Review Commis- sion; providing for municipal dissolutions, incorporations, annexations, Senators MENSCH, ORIE, FOLMER, GREENLEAF, mergers and consolidations; and making an appropriation. PICCOLA, ERICKSON, ALLOWAY, WARD, D. WHITE, WAUGH, PIPPY and BOSCOLA presented to the Chair SB Which was committed to the Committee on LOCAL GOV- 1363, entitled: ERNMENT, May 7, 2010. An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for imposition of the Senators GREENLEAF, TARTAGLIONE, ALLOWAY, corporate net income tax. O'PAKE, BAKER, WASHINGTON and STACK presented to the Chair SB 1358, entitled: Which was committed to the Committee on FINANCE, May An Act amending Title 20 (Decedents, Estates and Fiduciaries) of 12, 2010. the Pennsylvania Consolidated Statutes, in health care, further providing for definitions, for authority of health care agent and for relation of Senators MENSCH, ORIE, FOLMER, GREENLEAF, health care agent to court-appointed guardian and other agents; in pow- PICCOLA, ERICKSON, ALLOWAY, WARD, D. WHITE, ers of attorney, further providing for general provisions, for special rules for gifts, for form of power of attorney, for implementation of WAUGH, PIPPY and BOSCOLA presented to the Chair SB power of attorney, for durable powers of attorney and for account; and 1364, entitled: providing for investigation of financial abuse and mismanagement, for An Act amending the act of March 4, 1971 (P.L.6, No.2), known jurisdiction and venue and for principles of law and equity. as the Tax Reform Code of 1971, further providing, in corporate net income, for the definition of "taxable income." Which was committed to the Committee on JUDICIARY, May 7, 2010. Which was committed to the Committee on FINANCE, May 12, 2010. Senators GREENLEAF, M. WHITE, MUSTO, TARTAGLIONE, FONTANA, O'PAKE, MELLOW, Senators MENSCH, FOLMER, GREENLEAF, PICCOLA, BROWNE, PICCOLA, STACK, WARD, ALLOWAY, ALLOWAY, WARD, ERICKSON, D. WHITE, PIPPY and ERICKSON, BOSCOLA, EARLL, MENSCH, WASHINGTON, BOSCOLA presented to the Chair SB 1365, entitled: SCARNATI, BRUBAKER, KASUNIC, PILEGGI, PIPPY, WIL- An Act amending the act of March 4, 1971 (P.L.6, No.2), known LIAMS, CORMAN, LEACH and TOMLINSON presented to the as the Tax Reform Code of 1971, establishing a career development tax credit. Chair SB 1360, entitled: An Act amending Title 23 (Domestic Relations) of the Pennsylva- Which was committed to the Committee on FINANCE, May nia Consolidated Statutes, in adoption, further providing for hearing, for 12, 2010. alternative procedure for relinquishment and for grounds for involuntary termination; providing for voluntary agreement for continuing contact; further providing for impounding of proceedings and access to records May 13, 2010 and for medical history information; providing for records and access to information; establishing an information registry; and making edito- Senators WILLIAMS, BRUBAKER, ERICKSON, rial changes. FARNESE, Q'PAKE and STACK presented to the Chair SB Which was committed to the Committee on JUDICIARY, 1354, entitled: May 7, 2010. An Act amending the act of September 30, 1983 (P.L.160, No.39), known as the Public Official Compensation Law, further providing for the compensation of members of the General Assembly. May 12, 2010 Which was committed to the Committee on RULES AND Senators MENSCH, ORIE, FOLMER, GREENLEAF, EXECUTIVE NOMINATIONS, May 13, 2010. PICCOLA, ERICKSON, ALLOWAY, WARD, D. WHITE, WAUGH, PIPPY and BOSCOLA presented to the Chair SB Senators ARGALL, SCARNATI, M. WHITE and MENSCH 1361, entitled: presented to the Chair SB 1355, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known An Act amending Title 74 (Transportation) of the Pennsylvania as the Tax Reform Code of 1971, further providing, in personal income Consolidated Statutes, providing for annual limitation on expenditure tax, for imposition of income tax; and freezing certain funds for pro- from Motor License Fund; and establishing the Pennsylvania State grams. Police Fund and the Local Highway and Bridge Fund.

Which was committed to the Committee on FINANCE, May Which was committed to the Committee on TRANSPORTA- 12, 2010. TION, May 13, 2010.

Senators MENSCH, ORIE, FOLMER, GREENLEAF, Senators GREENLEAF, TARTAGLIONE, O'PAKE, PICCOLA, ERICKSON, ALLOWAY, WARD, D. WHITE, FONTANA, ALLOWAY and BOSCOLA presented to the Chair WAUGH, PIPPY and BOSCOLA presented to the Chair SB SB 1359, entitled: 1362, entitled: 2010 LEGISLATIVE JOURNAL - SENATE 2055

An Act amending Title 48 (Lodging and Housing) of the Pennsyl- An Act amending the act of August 5, 1941 (P.L.752, No.286), vania Consolidated Statutes, providing for hotels; making editorial known as the Civil Service Act, defining veteran; and further provid- changes; and making repeals. ing for composition of the State Civil Service Commission.

Which was committed to the Committee on URBAN AF- Which was committed to the Committee on STATE GOV- FAIRS AND HOUSING, May 13, 2010. ERNMENT, May 19, 2010.

Senators EICHELBERGER, ORIE, COSTA, GORDNER, Senator FARNESE presented to the Chair SB 1372, entitled: BRUBAKER, ERICKSON, RAFFERTY, O'PAKE, EARLL and An Act amending Title 4 (Amusements) of the Pennsylvania Con- GREENLEAF presented to the Chair SB 1366, entitled: solidated Statutes, further providing for Category 2 slot machine li- An Act amending the act of June 23, 1931 (P.L.932, No.317), cense; providing for licensed facilities in cities of the first class; and known as The Third Class City Code, further providing for sales of further providing for number of slot machine licenses. personal property. Which was committed to the Committee on COMMUNITY, Which was committed to the Committee on LOCAL GOV- ECONOMIC AND RECREATIONAL DEVELOPMENT, May ERNMENT, May 13, 2010. 19, 2010.

Senators EICHELBERGER, ORIE, COSTA, GORDNER, Senator FARNESE presented to the Chair SB 1373, entitled: BRUBAKER, ERICKSON, RAFFERTY, O'PAKE, EARLL and An Act amending Title 4 (Amusements) of the Pennsylvania Con- GREENLEAF presented to the Chair SB 1367, entitled: solidated Statutes, further providing for Category 2 slot machine li- An Act amending the act of February 1, 1966 (1965 P.L.1656, cense; providing for local referendum in cities of the first class; and No.581), known as The Borough Code, further providing for general further providing for number of slot machine licenses. powers. Which was committed to the Committee on COMMUNITY, Which was committed to the Committee on LOCAL GOV- ECONOMIC AND RECREATIONAL DEVELOPMENT, May ERNMENT, May 13, 2010. 19, 2010.

Senators EICHELBERGER, ORIE, COSTA, GORDNER, May 20, 2010 BRUBAKER, ERICKSON, RAFFERTY, O'PAKE, EARLL and GREENLEAF presented to the Chair SB 1368, entitled: Senator M. WHITE presented to the Chair SB 1374, entitled: An Act amending the act of May 27, 1953 (P.L.244, No.34), enti- An Act amending the act of December 18, 1984 (P.L.1069, tled "An act relating to and regulating the contracts of incorporated No.214), known as the Coal and Gas Resource Coordination Act, fur- towns and providing penalties," further providing for power to convey. ther providing for definitions and for minimum distance between gas wells. Which was committed to the Committee on LOCAL GOV- ERNMENT, May 13, 2010. Which was committed to the Committee on ENVIRONMEN- TAL RESOURCES AND ENERGY, May 20, 2010. Senators EICHELBERGER, ORIE, COSTA, GORDNER, BRUBAKER, ERICKSON, RAFFERTY, O'PAKE, EARLL and Senators WASHINGTON, COSTA, ERICKSON, GREENLEAF presented to the Chair SB 1369, entitled: FONTANA, GREENLEAF, O'PAKE, TARTAGLIONE, An Act amending the act of June 24, 1931 (P.L.1206, No.331), FARNESE, BOSCOLA and FERLO presented to the Chair SB known as The First Class Township Code, further providing for suits 1375, entitled: and property. An Act establishing the MESA Initiative; providing for duties of Which was committed to the Committee on LOCAL GOV- Department of Education; and establishing State MESA Commission. ERNMENT, May 13, 2010. Which was committed to the Committee on EDUCATION, May 19, 2010 May 20, 2010.

Senators PICCOLA, DINNIMAN, WARD, VANCE, Senators EICHELBERGER, GREENLEAF, ALLOWAY, BRUBAKER, FOLMER, EARLL, ALLOWAY, McILHINNEY, RAFFERTY, MUSTO, STACK and WARD presented to the ERICKSON, PIPPY, D. WHITE, ROBBINS, GORDNER, Chair SB 1376, entitled: WASHINGTON, ORIE, TOMLINSON, WILLIAMS, An Act amending the act of April 14, 1972 (P.L.221, No.63), TARTAGLIONE, MENSCH, STACK, WAUGH, O'PAKE, known as the Pennsylvania Drug and Alcohol Abuse Control Act, pro- FONTANA, ARGALL, GREENLEAF and RAFFERTY pre- viding for specific powers and duties with regard to opioid addiction treatment. sented to the Chair SB 1370, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known Which was committed to the Committee on PUBLIC as the Tax Reform Code of 1971, further providing for reduction. HEALTH AND WELFARE, May 20, 2010. Which was committed to the Committee on FINANCE, May 19, 2010. Senators EICHELBERGER, GREENLEAF, VOGEL, WAUGH, WARD, M. WHITE, RAFFERTY, ERICKSON, D. Senators PICCOLA, FOLMER, BAKER, ALLOWAY, WHITE and STACK presented to the Chair SB 1377, entitled: McILHINNEY, D. WHITE, ROBBINS, ORIE, KASUNIC, An Act amending the act of April 14, 1972 (P.L.221, No.63), MENSCH, O'PAKE, FONTANA, GREENLEAF and RAFFER- known as the Pennsylvania Drug and Alcohol Abuse Control Act, fur- TY presented to the Chair SB 1371, entitled: ther providing for definitions; and providing for opioid addiction treat- ment. 2056 LEGISLATIVE JOURNAL - SENATE MAY 24,

Which was committed to the Committee on PUBLIC GENERAL COMMUNICATIONS HEALTH AND WELFARE, May 20, 2010. ANNUAL REPORT OF THE BOARD OF DIRECTORS Senators EICHELBERGER, VOGEL, M. WHITE, RAFFER- OF CITY TRUSTS OF PHILADELPHIA TY, ERICKSON, STACK, D. WHITE and WARD presented to the Chair SB 1378, entitled: The PRESIDENT laid before the Senate the following com- An Act amending Title 75 (Vehicles) of the Pennsylvania Consoli- munication, which was read by the Clerk as follows: dated Statutes, further providing for driving under influence of alcohol or controlled substance. ONE HUNDRED THIRTY-NINTH ANNUAL REPORT OF THE Which was committed to the Committee on TRANSPORTA- BOARD OF DIRECTORS OF CITY TRUSTS TION, May 20, 2010. RESOLUTIONS INTRODUCED AND REFERRED To the Council of the City of Philadelphia, to the Board of Ap- pointment composed of the Judges of the Courts of Common Pleas of The PRESIDENT laid before the Senate the following Senate the County of Philadelphia and to the General Assembly of the Com- monwealth of Pennsylvania. Resolutions numbered, entitled, and referred as follows, which In compliance with the Act of Assembly approved June 30, were read by the Clerk: 1869, the Board of Directors of City Trusts (the "Board") respectfully presents this report of the several trusts under its administration for May 7, 2010 the year 2008. This report contains financial statements for the calen- dar year for the Collective Legal Investment Fund, Sundry Trusts and Contributory, Girard Non-Contributory and Wills Eye Non-Contribu- Senators GREENLEAF, FERLO, O'PAKE, ALLOWAY, tory Retirement Plans, financial statements for Wills Eye Institute WILLIAMS, PIPPY, ERICKSON, STOUT, WASHINGTON, and subsidiaries for the fiscal years ended June 30, 2008 and 2007 LEACH, WOZNIAK and D. WHITE presented to the Chair SR and financial statements for the Estate of Stephen Girard, Deceased 342, entitled: (the "Girard Estate") for the fiscal year ended June 30, 2008. In March 2009, Hon. Vincent J. Fumo, a Vice President, re- A Concurrent Resolution directing the Joint State Government signed from the Board. Commission to establish a bipartisan task force and an advisory com- mittee to conduct a study of capital punishment in this Commonwealth Girard Estate and to report their findings and recommendations to the General Assem- bly. The net assets of the Girard Estate available for the maintenance of Girard College amounted to $309,266,000 at June 30, 2008, exclu- Which was committed to the Committee on JUDICIARY, sive of the value of real estate devised and still held. May 7, 2010. The total expenditures for the support and maintenance of Girard College for the fiscal year ended June 30, 2008, amounted to May 13, 2010 $27,322,000. In addition, $1,248,000 was spent on long-term pro- jects/capital expenditures benefiting [sic] future years. The amount invested on June 30, 2008 in bonds, stocks, and Senators PILEGGI, PICCOLA, ERICKSON, ARGALL, short-term investments for the Girard Estate totaled $368,936,000. FONTANA, WOZNIAK, BAKER, MUSTO, BRUBAKER, LOGAN, RAFFERTY, M. WHITE, PIPPY, O'PAKE, The PRESIDENT. This report will be filed in the Library. SMUCKER, WASHINGTON, ALLOWAY, FARNESE, GREENLEAF, WARD, KASUNIC, VANCE, DINNIMAN, D. REPORT ON THE BIOFUEL DEVELOPMENT AND WHITE, EARLL, MENSCH, EICHELBERGER, WAUGH and IN-STATE PRODUCTION INCENTIVE ACT 78 OF 2008 FERLO presented to the Chair SR 343, entitled: A Resolution directing the Joint State Government Commission to The PRESIDENT laid before the Senate the following com- study and review The Library Code for modernization. munication, which was read by the Clerk as follows: Which was committed to the Committee on EDUCATION, COMMONWEALTH OF PENNSYLVANIA May 13, 2010. Department of Environmental Protection Rachel Carson State Office Building Senators GREENLEAF, RAFFERTY, O'PAKE, WASHING- P.O. Box 2063 TON, TARTAGLIONE, FONTANA, LEACH, ALLOWAY, Harrisburg, PA 17105-2063 WILLIAMS and FARNESE presented to the Chair SR 344, enti- May 18, 2010 tled: A Resolution directing the Joint State Government Commission to Mr. Mark R. Corrigan establish a criminal justice advisory committee to study the issues raised Secretary of the Senate by The Philadelphia Inquirer and any other relevant issues regarding the Senate Box 203053 criminal justice system in Philadelphia to develop solutions for prob- Harrisburg, PA 17120-3053 lems that are identified and to make a report to the Senate with recom- mendations. Dear Mr. Corrigan:

Which was committed to the Committee on JUDICIARY, Enclosed is the Evaluation of Air Quality Impacts of Biofuels in May 13, 2010. Pennsylvania report to the Pennsylvania General Assembly as re- quired by the Biofuel Development and In-State Production Incentive Act (Act 78). 2010 LEGISLATIVE JOURNAL - SENATE 2057

Act 78, enacted on July 10, 2008, mandates the use of renewable SENATE CONCURRENT RESOLUTION fuels and promotion of the production of renewable fuels in Pennsyl- vania in order to grow the state's economy and reduce its dependence WEEKLY RECESS on foreign fuels. The Act also requires that an ambient air quality study be completed by an independent third party qualified to con- duct the study. The purpose of the study is to determine the impact of Senator PILEGGI offered the following resolution, which was Act 78 on the Commonwealth's ability to achieve and maintain the read as follows: National Ambient Air Quality Standards (NAAQS) for ozone and fine particulate matter (PM, 5) that might result from increased pene- trations of ethanol-blended gasoline and biodiesel throughout Penn- In the Senate, May 24, 2010 sylvania. In order to fulfill the requirement for this independent study, the Pennsylvania Department of Environmental Protection RESOLVED, (the House of Representatives concurring), Pursuant accepted bids from the public and awarded a contract to E.H. Pechan to Article II, Section 14, of the Pennsylvania Constitution, that when the & Associates, Inc. (Pechan) and their subcontractor, Alpine Geo- Regular Session of the Senate recesses this week, it reconvene on Mon- physics, LLC, to perform the required third party study. day, June 7, 2010, unless sooner recalled by the President Pro Tempore The study determines the effects of Act 78 requirements on air of the Senate; and be it further pollution concentrations across the Commonwealth using the most RESOLVED, Pursuant to Article II, Section 14, of the Pennsylva- recent air emissions inventory and a federally-approved computer nia Constitution, that when the Regular Session of the House of Repre- modeling simulation. The air quality model predictions performed sentatives recesses this week, it reconvene on Monday, June 7, 2010, under this study showed relatively minor impacts from the increased unless sooner recalled by the Speaker of the House of Representatives. penetration of alternative fuels. However, the increases in the mod- eled PM2 5 were enough to indicate that one monitor could move On the question, from attainment to nonattainment of the 24-hour PM 2.5 in both 2008 and 2012. Will the Senate adopt the resolution? If you should have any questions, please do not hesitate to con- tact Robert Maiden, Director of Legislative Affairs, by e-mail at The yeas and nays were required by Senator PILEGGI and [email protected] or by telephone at 717-783-8303. were as follows, viz: Sincerely, YEA-47 JOHN HANGER Secretary Alloway Farnese O'Pake Tomlinson Argall Ferlo One Vance Baker Folmer Piccola Vogel The PRESIDENT. This report will be filed in the Library Boscola Fontana Pileggi Ward Browne Gordner Pippy Washington APPOINTMENT BY THE Brubaker Hughes Rafferty Waugh Corman Kasunic Robbins White, Donald PRESIDENT PRO TEMPORE Costa Kitchen Scarnati White, Mary Jo Dinniman McIlhinney Smucker Williams The PRESIDENT. The Chair wishes to announce the Presi- Earll Mellow Stack Wozniak dent pro tempore has made the following appointment: Eichelberger Mensch Stout Yaw Mr. Alfred John Brown as a public member of the Mine Fam- Erickson Musto Tartaglione ilies First Response and Communications Advisory Council. NAY-0 LEGISLATIVE LEAVES A majority of the Senators having voted "aye," the question The PRESIDENT. The Chair recognizes the gentleman from was determined in the affirmative. Delaware, Senator Pileggi. Ordered, That the Secretary of the Senate present the same to Senator PILEGGI. Mr. President, I request legislative leaves the House of Representatives for concurrence. for Senator Tomlinson and Senator Mcllhinney. The PRESIDENT. The Chair recognizes the gentleman from SPECIAL ORDER OF BUSINESS Berks, Senator O'Pake. GUESTS OF SENATOR DAVID G. ARGALL Senator O'PAKE, Mr. President, I request legislative leaves PRESENTED TO THE SENATE for Senator Musto and Senator Williams. The PRESIDENT. Senator Pileggi requests legislative leaves The PRESIDENT. The Chair recognizes the gentleman from for Senator Tomlinson and Senator Mcllhinney. Schuylkill, Senator Argall. Senator O'Pake requests legislative leaves for Senator Musto Senator ARGALL. Mr. President, in the gallery are two long- and Senator Williams. time friends from Tamaqua, Pennsylvania, Christine and Eric Without objection, the leaves will be granted. Zizelmann. Also, traveling all the way from the Bundesrepublik of Deutschland to help Christine and Eric celebrate their recent LEAVES OF ABSENCE wedding are--and I hope I get this correct after 7 years of study- ing German--Georg and Sabine Beyss. Was I close? Senator PILEGGI asked and obtained a leave of absence for Thank you, Mr. President. Senator GREENLEAF, for today's Session, for personal reasons. The PRESIDENT. Would the guests of Senator Argall please Senator O'PAKE asked and obtained leaves of absence for rise to be welcomed by the Senate. Senator LEACH and Senator LOGAN, for today's Session, for (Applause.) personal reasons. 2058 LEGISLATIVE JOURNAL - SENATE MAY 24,

GUESTS OF SENATOR ROBERT B. MENSCH GUESTS OF SENATOR LISA M. BOSCOLA PRESENTED TO THE SENATE PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from The PRESIDENT. The Chair recognizes the gentlewoman Montgomery, Senator Mensch. from Northampton, Senator Boscola. Senator MENSCH. Mr. President, today I would like the Sen- Senator BOSCOLA. Mr. President, I am honored and pleased ate to welcome the Chaplain for the day, Father Roncase, who is to have with me today students and teachers from Saucon Valley a pastor at Saint Philip Neri Roman Catholic Church in High School. They are part of the technology showcase that you Pennsburg, Montgomery County. Father Roncase is a native of have been seeing over in the East Wing today. A lot of students Phoenixville, Pennsylvania, and today resides in Pennsburg. I are showcasing the technology in their schools. understand he never wants to go back. He is working for the We have four teachers with us: Rita Chuhran, Jessica Friday, Chamber of Commerce in the Upper Perkiomen area, and we are Megan Hauser, and Tracy Knapp. They were in my office today, very pleased to have him at that parish. along with their students, Alexandra Gardiner, Daryl Cruz, With him is Doris Decker, a member of his congregation. She James Ward, Sam Martin, Reed Baum, Lainie Smith, Steph and her husband are dear, lifelong friends, and I want to wel- Matula, Soumaya Bendjilali, and Chelsea Kaufman. We actually come them both here today. were able to discuss the teen driving bill while we were in my The PRESIDENT. Would the guests of Senator Mensch office today, and I explained to them that things are not always please rise to be welcomed by the Senate. black and white. In the end, they agreed with me, and they do not (Applause.) know how they would vote either. I just wanted to pass that along to all of us today. Please stand and welcome them. GUESTS OF SENATOR MICHAEL BRUBAKER The PRESIDENT. Would the guests of Senator Boscola PRESENTED TO THE SENATE please rise to be welcomed by the Senate. The PRESIDENT. The Chair recognizes the gentleman from (Applause.) Lancaster, Senator Brubaker. GUESTS OF SENATOR ELISABETH J. BAKER Senator BRUBAKER. Mr. President, I would like to intro- PRESENTED TO THE SENATE duce two groups of students today who are here in the Capitol. One is a group from Hempfield High School. They are in the The PRESIDENT. The Chair recognizes the gentlewoman tenth grade, and they created a digital journal with Wikispaces from Luzerne, Senator Baker. from the book "As I Lay Dying." Senator BAKER. Mr. President, I would like to introduce four Mr. President, if we could welcome them at this time, then I students from the Monroe Career & Technical Institute who are would like to introduce another school group. here with us today in the gallery. This team placed first in the The PRESIDENT. Would the guests of Senator Brubaker Lodging Management Program State competition held earlier please rise to be welcomed by the Senate. this year in State College. They competed against other quality (Applause.) high school teams in a variety of skill tests for their professional- Senator BRUBAKER. Mr. President, also in the gallery are ism in hospitality management. Warwick High School ninth graders who created a library analy- This team also took home the national title in the American sis through postcards entitled "Navigating the Rough Waters of Hotel & Lodging Educational Institute program competition in Life with Huck Finn." They are all here for the CFF Capitol Day. Orlando, Florida. As part of their curriculum, they are interning The PRESIDENT. Would the guests of Senator Brubaker at various Pocono region resorts, such as the Shawnee, Split please rise to be welcomed by the Senate. Rock, and Fernwood. (Applause.) It is my pleasure to introduce Angela Heifer, who is a constit- uent in the 20th Senatorial District. The three other team mem- GUESTS OF SENATOR JOHN R. GORDNER bers are residents of other senatorial districts. We have Bill PRESENTED TO THE SENATE Gargan from Senator Boscola's district, Jasmine Hurt from Sena- tor Musto's district, and Brandon Gargan, who is Senator Mel- The PRESIDENT. The Chair recognizes the gentleman from low's constituent. Their advisor is also here with them today, and Columbia, Senator Gordner. her name is Patricia LeCompte. I ask the Senate to give the stu- Senator GORDNER. Mr. President, it is my pleasure today to dents a very warm welcome. have two folks here from Berwick, Pennsylvania, Paul Gardner, Thank you, Mr. President. Jr., and Christian Schlotterback. They are here in the Capitol, and The PRESIDENT. Would the guests of Senator Baker please I was able to give them a tour earlier to see this beautiful build- rise to be welcomed by the Senate. ing. I ask for a warm welcome from the Senate for Paul Gardner, (Applause.) Jr., and Christian Schlotterback. The PRESIDENT. Would the guests of Senator Gordner RECESS please rise to be welcomed by the Senate. (Applause.) The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a recess of the Senate for the purpose of a Republican caucus to be held in the Majority Caucus Room immediately. 2010 LEGISLATIVE JOURNAL - SENATE 2059

The PRESIDENT. The Chair recognizes the gentleman from Browne Gordner Pippy Washington Berks, Senator O'Pake. Brubaker Hughes Rafferty Waugh Corman Kasunic Robbins White, Donald Senator O'PAKE. Mr. President, I request that the Democrats Costa Kitchen Scarnati White, Mary Jo report to our caucus room immediately. Dinniman Mcllhinney Smucker Williams The PRESIDENT. For purposes of Republican and Demo- Earll Mellow Stack Wozniak Eichelberger Mensch Stout Yaw cratic caucuses, without objection, the Senate stands in recess. Erickson Musto Tartaglione AFTER RECESS NAY-0 The PRESIDENT. The time of recess having expired, the Senate will come to order. A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. LEGISLATIVE LEAVE CANCELLED Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. The PRESIDENT. Senator Tomlinson has returned, and his legislative leave is cancelled. SB 1176 (Pr. No. 1585) -- The Senate proceeded to consider- CALENDAR ation of the bill, entitled:

THIRD CONSIDERATION CALENDAR An Act amending the act of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining Conservation and Reclamation Act, fur- ther providing for the filing fee. BILL OVER IN ORDER TEMPORARILY

Considered the third time and agreed to, HB 67 -- Without objection, the bill was passed over in its order temporarily at the request of Senator PILEGGI. On the question, LEGISLATIVE LEAVE CANCELLED Shall the bill pass finally?

The PRESIDENT. Senator Mcllhinney has returned, and his The yeas and nays were taken agreeably to the provisions of legislative leave is cancelled. the Constitution and were as follows, viz: CONSIDERATION OF CALENDAR RESUMED YEA-47 THIRD CONSIDERATION CALENDAR RESUMED Alloway Farnese O'Pake Tomlinson Argall Ferlo One Vance BILLS OVER IN ORDER Baker Folmer Piccola Vogel Boscola Fontana Pileggi Ward Browne Gordner Pippy Washington HB 115 and SB 918 -- Without objection, the bills were Brubaker Hughes Rafferty Waugh passed over in their order at the request of Senator PILEGGI. Corman Kasunic Robbins White, Donald Costa Kitchen Scarnati White, Mary Jo Dinniman McIlhinney Smucker Williams BILLS ON THIRD CONSIDERATION Earll Mellow Stack Wozniak AND FINAL PASSAGE Eichelberger Mensch Stout Yaw Erickson Musto Tartaglione SB 1026 (Pr. No. 1961) -- The Senate proceeded to consider- ation of the bill, entitled: NAY-0

An Act amending Title 34 (Game) of the Pennsylvania Consoli- A constitutional majority of all the Senators having voted dated Statutes, further providing for elk hunting licenses and for unlaw- "aye," the question was determined in the affirmative. ful acts concerning licenses. Ordered, That the Secretary of the Senate present said bill to Considered the third time and agreed to, the House of Representatives for concurrence. And the amendments made thereto having been printed as required by the Constitution, SB 1196 (Pr. No. 1601) -- The Senate proceeded to consider- ation of the bill, entitled: On the question, Shall the bill pass finally? An Act amending the act of April 27, 1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence and Land Conserva- The yeas and nays were taken agreeably to the provisions of tion Act, further providing for fees. the Constitution and were as follows, viz: Considered the third time and agreed to, YEA-47 On the question, Alloway Farnese O'Pake Tomlinson Argall Ferlo One Vance Shall the bill pass finally? Baker Folmer Piccola Vogel Boscola Fontana Pileggi Ward 2060 LEGISLATIVE JOURNAL - SENATE MAY 24,

The yeas and nays were taken agreeably to the provisions of SECOND CONSIDERATION CALENDAR the Constitution and were as follows, viz: BILL ON SECOND CONSIDERATION YEA-47 REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER TEMPORARILY Alloway Farnese O'Pake Tomlinson Argall Ferlo One Vance Baker Folmer Piccola Vogel SB 1011 -- Without objection, the bill was passed over in its Boscola Fontana Pileggi Ward order temporarily at the request of Senator PILEGGI. Browne Gordner Pippy Washington Brubaker Hughes Rafferty Waugh Corman Kasunic Robbins White, Donald BILLS OVER IN ORDER Costa Kitchen Scarnati White, Mary Jo Dinniman Mcllhinney Smucker Williams Earll Mellow Stack Wozniak HB 9, HB 90 and HB 117 -- Without objection, the bills were Eichelberger Mensch Stout Yaw passed over in their order at the request of Senator PILEGGI. Erickson Musto Tartaglione BILL ON SECOND CONSIDERATION NAY-0 SB 214 (Pr. No. 1951) -- The Senate proceeded to consider- A constitutional majority of all the Senators having voted ation of the bill, entitled: "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to An Act amending Title 18 (Crimes and Offenses) of the Pennsylva- the House of Representatives for concurrence. nia Consolidated Statutes, in other offenses, further providing for the offense of greyhound racing, SB 1197 (Pr. No. 1602) -- The Senate proceeded to consider- ation of the bill, entitled: Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider- An Act amending the act of September 24, 1968 (P.L.1040, ation. No.318), known as the Coal Refuse Disposal Control Act, further pro- viding for fees. BILLS OVER IN ORDER Considered the third time and agreed to, SB 291 and SB 351 -- Without objection, the bills were On the question, passed over in their order at the request of Senator PILEGGI. Shall the bill pass finally? BILL ON SECOND CONSIDERATION The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: SB 620 (Pr. No. 667) -- The Senate proceeded to consider- ation of the bill, entitled: YEA-47 An Act amending the act of June 29, 1953 (P.L.304, No.66), known Alloway Farnese O'Pake Tomlinson as the Vital Statistics Law of 1953, providing for certificate of birth Argall Ferlo One Vance resulting in stillbirth. Baker Folmer Piccola Vogel Boscola Fontana Pileggi Ward Browne Gordner Pippy Washington Considered the second time and agreed to, Brubaker Hughes Rafferty Waugh Ordered, To be printed on the Calendar for third consider- Corman Kasunic Robbins White, Donald Costa Kitchen Scarnati White, Mary Jo ation. Dinniman McIlhinney Smucker Williams Earll Mellow Stack Wozniak BILLS OVER IN ORDER Eichelberger Mensch Stout Yaw Erickson Musto Tartaglione SB 672, HB 687, SB 699, SB 944, SB 1184, HB 1187, SB NAY-0 1192, HB 1196 and SB 1205 -- Without objection, the bills were passed over in their order at the request of Senator PILEGGI. A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. BILL REREFERRED Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. SB 1245 (Pr. No. 1702) -- The Senate proceeded to consider- ation of the bill, entitled: BILLS OVER IN ORDER An Act amending Title 53 (Municipalities Generally) of the Penn- sylvania Consolidated Statutes, in optional affordable housing funding, HB 1300, HB 1720 and HB 2070 -- Without objection, the further providing for affordable housing programs fee in cities of first bills were passed over in their order at the request of Senator class. PILEGGI. 2010 LEGISLATIVE JOURNAL - SENATE 2061

Upon motion of Senator PILEGGI, and agreed to by voice in the opinion of the department or has been convicted of any violation vote, the bill was rereferred to the Committee on Appropriations. of this title. Amend Bill, page 6, by inserting between lines 24 and 25: (3) An insurer shall treat a suspension of a person under this BILLS OVER IN ORDER subsection the same as a person over 18 years of age for a similar viola- tion for the purpose of automobile insurance and ma y not increase pre- SB 1248, SB 1249, SB 1297, SB 1314, SB 1318, HB 1641 miums, impose an y surcharge or rate penalty or make any driver record and HB 1859 -- Without objection, the bills were passed over in point assignment for automobile insurance in a manner different from that of a person over 18 years of age. their order at the request of Senator PILEGGI. Amend Bill, page 6, line 26, by striking out " communications " and inserting: THIRD CONSIDERATION CALENDAR RESUMED communication Amend Bill, page 6, line 28, by striking out " driver" and inserting: person HB 67 CALLED UP Amend Bill, page 6, line 30, by striking out " highway " and insert- ing: HB 67 (Pr. No. 3419) -- Without objection, the bill, which roadway previously went over in its order temporarily, was called up, Amend Bill, page 7, line 1, by striking out "communications " and inserting: from page 1 of the Third Consideration Calendar, by Senator communication PILEGGI. Amend Bill, page 7, line 4, by striking out "communications " and inserting: BILL AMENDED communication Amend Bill, page 7, line 4, by inserting after 'system": or wireless E-911 service, as defined in the act of Jul y 9, 1990 HB 67 (Pr. No. 3419) -- The Senate proceeded to consider- (P.L.340, No.78), known as the Public Safet y Emergency Telephone ation of the bill, entitled: Act Amend Bill, page 7, lines 5 through 7, by striking out all of said lines and inserting: An Act amending Title 75 (Vehicles) of the Pennsylvania Consoli- (2) dated Statutes, defining "interactive wireless communications device"; persons who use an interactive wireless communication further providing for junior driver's license and for suspension of oper- device when the vehicle is stopped due to traffic obstruction and the motor vehicle transmission is in neutral or park. ating privilege; prohibiting interactive wireless communications de- y vices; and further providing for accident report forms, for department (3) Operators of emergenc vehicles who use an interactive wireless communication device for voice communication for the pur- to compile, tabulate and analyze accident reports, for television equip- pose of responding to an emergency while engaged in the performance ment, for general requirements for other vehicles transporting school of their official duties. children and for restraint systems. (4) Volunteer emergency responders who use an interactive wireless communication device for voice communication for the pur- On the question, pose of responding to an emergency while engaged in the performance Will the Senate agree to the bill on third consideration? of their official duties. (5) Amateur radio operators who use an interactive wireless communication device for voice communication. RAFFERTY AMENDMENT A7047 Amend Bill, page 7, line 10, by striking out " communications " and inserting: Senator RAFFERTY offered the following amendment No. communication A7047: Amend Bill, page 7, lines 18 through 27, by striking out all of said lines and inserting: "Volunteer emergency responder." Any of the following: Amend Bill, page 1, line 6, by inserting after "providing": (1) a member of a volunteer ambulance service as defined in for duty of driver in construction and maintenance areas or on section 102 of the act of July 31, 2003 (P.L.73, No.17), known as the highway safety corridors, for duty of driver in emergency response Volunteer Fire Company and Volunteer Ambulance Service Grant Act; areas, (2) a member of a volunteer fire compan y as defined in sec- Amend Bill, page 2, line 9, by striking out "communications " and tion 102 of the Volunteer Fire Compan y and Volunteer Ambulance inserting: Service Grant Act; or communication (3) member of a volunteer rescue company as defined in sec- Amend Bill, page 2, lines 9 through 19, by striking out " Any wire- tion 102 of the Volunteer Fire Compan y and Volunteer Ambulance less" in line 9 and all of lines 10 through 19 and inserting: Service Grant Act. A wireless telephone, personal digital assistant, smart phone, portable Amend Bill, page 7, line 28, by striking out "SECTION" and insert- or mobile computer or similar device which can be used for voice com- ing: munication, texting, e-mailing, browsing the Internet or instant Sections 3326(c), 3327(e) and messaging. The term does not include any of the following: y Amend Bill, page 7, line 29, by striking out "IS" and inserting: (1) a device being used exclusivel as a global positioning or are navigation system; y y Amend Bill, page 9, by inserting between lines 15 and 16: (2) a system or device that is ph ysicall or electronicall inte- § 3326. Duty of driver in construction and maintenance areas or on grated into the vehicle; or highway safety corridors. (3) a communication device that is affixed to a mass transit vehicle, bus or school bus. (c) Fines to be doubled.--For any of the following violations, when Amend Bill, page 4, line 11, by inserting after "GUARDIAN. ": committed in an active work zone manned by workers acting in their A junior driver shall not drive a vehicle with more than one passenger official capacity or on a highway safety corridor designated under sec- under 18 years of age who is not a member of the driver's immediate tion 6105.1 (relating to designation of highway safety corridors), the family unless the junior driver is accompanied b y a parent or legal fine shall be double the usual amount: guardian if the junior driver has been involved in an accident reportable Section 3102 (relating to obedience to authorized persons directing under section 3746(a) (relating to immediate notice of accident to police y traffic). department) for which the junior driver is partiall or full y responsible Section 3111 (relating to obedience to traffic-control devices). 2062 LEGISLATIVE JOURNAL — SENATE MAY 24,

Section 3112 (relating to traffic-control signals). Amend Bill, page 10, line 14, by inserting after " occurred. ": Section 3114 (relating to flashing signals). Section 3302 (relating to meeting vehicle proceeding in opposite direction). Section 3303 (relating to overtaking vehicle on the left). Section 3304 (relating to overtaking vehicle on the right). Section 3305 (relating to limitations on overtaking on the left). Section 3306 (relating to limitations on driving on left side of road- way). Section 3307 (relating to no-passing zones). ;nd Bill, page 10, line 22, by striking out "^" and inserting: Section 3309 (relating to driving on roadways laned for traffic). Section 3310 (relating to following too closely). Section 3316 (relating to prohibiting interactive wireless communi- On the question, cation devices). Will the Senate agree to the amendment? Section 3323 (relating to stop signs and yield signs). Section 3326 (relating to duty of driver in construction and mainte- The PRESIDENT. The Chair recognizes the gentleman from nance areas or on highway safety corridors ). Section 3361 (relating to driving vehicle at safe speed). Montgomery, Senator Rafferty. Section 3362 (relating to maximum speed limits). Senator RAFFERTY. Mr. President, I believe this is an Section 3702 (relating to limitations on backing). agreed-to amendment, and I want to thank Senator Mcllhinney Section 3714 (relating to careless driving). and Senator Gordner for their efforts in working with me on this Section 3736 (relating to reckless driving). amendment. Section 3802 (relating to driving under influence of alcohol or controlled substance). Thank you, Mr. President.

§ 3327. Duty of driver in emergency response areas. And the question recurring, Will the Senate agree to the amendment? (e) Fines to be doubled.--In addition to any penalty as provided in It was agreed to. subsection (b), the fine for any of the following violations when com- mitted in an emergency response area manned by emergency service On the question, responders shall be double the usual amount: Will the Senate agree to the bill on third consideration, as Section 3102 (relating to obedience to authorized persons directing traffic). amended? Section 3111 (relating to obedience to traffic-control devices). Section 3114 (relating to flashing signals). WOZNIAK AMENDMENT A6773 Section 3302 (relating to meeting vehicle proceeding in opposite direction). Senator WOZNIAK offered the following amendment No. Section 3303 (relating to overtaking vehicle on the left). A6773: Section 3304 (relating to overtaking vehicle on the right). Section 3305 (relating to limitations on overtaking on the left). Amend Bill, page 7, line 15, by inserting after "^": Section 3306 (relating to limitations on driving on left side of road- Secondary action.--A conviction under this section b y State or local way). law enforcement agencies shall occur onl y as a secondary action when Section 3307 (relating to no-passing zones). a driver of a motor vehicle has been convicted of violating an y other Section 3310 (relating to following too closely). rovision of this title. Section 3312 (relating to limited access highway entrances and In exits). Section 3316 (relating to prohibiting interactive wireless communi- On the question, cation devices). Will the Senate agree to the amendment? Section 3323 (relating to stop signs and yield signs). Section 3325 (relating to duty of driver on approach of emergency The PRESIDENT. The Chair recognizes the gentleman from vehicle). Cambria, Senator Wozniak. Section 3361 (relating to driving vehicle at safe speed). Section 3707 (relating to driving or stopping close to fire appara- Senator WOZNIAK. Mr. President, over the past few weeks, tus). we have been discussing this bill dealing with juvenile drivers. Section 3710 (relating to stopping at intersection or crossing to I have come to the conclusion that while we wish to get people prevent obstruction). to stop using their cell phones and texting and e-mailing while Section 3714 (relating to careless driving). they drive, not because it is a law but because it is a good idea, Section 3736 (relating to reckless driving). Section 3802 (relating to driving under influence of alcohol or I do not think we should be punishing otherwise honest people controlled substance). by making it a primary offense. A number of years ago, Pennsyl- x.. vania was faced with a decision to wear seatbelts or not wear Amend Bill, page 9, line 26, by striking out " communications " and seatbelts. Now, there is an argument between passive restraint inserting: communication and the activity of talking and texting, but let us put that aside for Amend Bill, page 10, lines 7 and 8, by striking out " Report on a moment. I am interested in compliance. interactive wireless communications " in line 7 and " devices.-- " in line A number of years ago, I sat in the House and listened to ar- 8 and inserting: guments that we have to make it a primary offense because peo- Certain reports.-- Amend Bill, page 10, line 10, by striking out " communications " ple will not hook up their seatbelts unless it is a primary offense. and inserting: Well, I did not subscribe to that, and neither did the rest of the communication House or Senate. And so when we applied the law, we made it Amend Bill, page 10, line 13, by striking out "communications " a secondary offense in Pennsylvania for not wearing a seatbelt. and inserting: communication At this point in time, in this time in history, our compliance, our 2010 LEGISLATIVE JOURNAL - SENATE 2063

compliance--and I think that is the important term to note--is just For what purpose does the gentleman rise? as good, if not better, than in the other States that have seatbelt Senator PILEGGI. Mr. President, I have been listening to see laws as a primary offense. The difference is that over the years, what relevance these comments have to the proffered amend- we have used education as a tool and not the heavy hammer of ment, and I do not believe they are on point. State law. Senator FERLO. I think I am in order. I always argue, wear your seatbelt not because it is a law but The PRESIDENT. Would the gentleman please keep his com- because it is a good idea. I think we should do the same thing ments to the amendment before the Chamber. now, not just for this particular piece of legislation, but also for Senator FERLO. I am trying to do that, equally as my col- the issue of texting while driving for adults. What I would like to league, Senator Wozniak, who kept his comments to the narrow do is to make texting, e-mailing, or talking on the phone a sec- issue, but I am going to be nullified, shortly, with a motion to ondary offense. I am not interested in punishing or being table, so I will never be able to offer the substantive amendment heavy-handed with our young drivers, but I would rather have that I thought I was going to be allowed to offer so that we can them learn in driving school and by constant reinforcement that have an honest debate and an up-or-down vote. I think there are driving and talking and texting is not a smart idea, and it is ille- strong arguments on each side of the issue, but we need a com- gal if you commit another driving violation. prehensive approach. Most Pennsylvanians want us to ban text So this amendment makes it a secondary offense. You have messaging in vehicles, in trucks and cars, and the Republican to be pulled over for running a stop light or a stop sign, for Majority is killing the opportunity to debate and have dialogue speeding, for going over the double yellow lines, et cetera, et on that issue. cetera, et cetera. But remember, our interest here is to save lives, not to punish people. And already, if you look at a moving viola- POINT OF ORDER tion, the fine itself is a tiny amount of money, but by the time this General Assembly and the Senate and Governor and the Senator PILEGGI. Mr. President, point of order. judicial branch and everybody else added all of their fees and Senator FERLO. And we have done very little-- fines on top of it, we tripled or quadrupled the cost of being The PRESIDENT. The gentleman will please yield. pulled over and being ticketed now. That is the last thing a young The Chair recognizes the gentleman from Delaware, Senator person needs. Maybe some people say, hit them in the pocket- Pileggi. book. But I still think a secondary offense is appropriate, and I Senator PILEGGI. Mr. President, these comments simply are think it will be just as well to bring it into compliance as any not germane to the motion. I believe they are out of order. primary offense out there. So I ask for an affirmative vote for this The PRESIDENT. Would the gentleman please consider mak- particular amendment. ing his comments under Petitions and Remonstrances, as we are Thank you, Mr. President. discussing and debating an amendment before us, and your re- The PRESIDENT. The Chair recognizes the gentleman from marks are not to the amendment before us. Allegheny, Senator Ferlo. Senator FERLO. Thank you, Mr. President. I do feel that they Senator FERLO. Mr. President, on this amendment, I find it are germane and important to make. Unfortunately, I am being very disheartening and disappointing that the Republican Major- censored and not allowed to speak by not being allowed to offer ity has decided to dictate to the will of the vast majority of Penn- a substantive amendment. sylvania residents who want a comprehensive approach to any The PRESIDENT. I will be glad, Senator, to recognize you amendment and reform of Title 75, Vehicles, as it relates to cell under Petitions and Remonstrances. phone use that is not hands-free, equally as important is text Senator FERLO. I am not interested in speaking under Peti- messaging. Both activities continue to wreak havoc on our high- tions. I am interested in letting us have an opportunity to have a ways with death, destruction, and danger to human life. dialogue and a debate and a vote on the actual substantive mea- What we have before us is just a minor amendment on a de- sure that really should be on the floor, and that is Pennsylvanians' bate about whether or not it should be primary or secondary. desire to ban text messaging while driving. Solely on the bill -- I think most residents listening to the discus- The PRESIDENT. The bill is not before us, Senator. If you sion and pending vote may think we are doing something major would-- on the substantive issue, which is the text message ban and only Senator FERLO. Thank you, Mr. President. allowing hands-free cell phone use in a vehicle. That is not the The PRESIDENT. The Chair recognizes the gentleman from case. We are only talking very narrowly about learner's permits Montgomery, Senator Rafferty. and young drivers. While that is important, we have done very Senator RAFFERTY. Mr. President, I will speak on House little, Mr. President, since January in this Senate that we can take Bill No. 67, the amendment that was just proffered. I ask for a credit for, very little on the legislative agenda, and we are repeat- negative vote. Mr. President, the whole purpose behind House ing the same debacle of a year ago. There is no hope in sight that Bill No. 67 is not to punish. It is to save lives. And there is accu- we are going to have a balanced budget. rate documentation as to how this has taken effect, Mr. President. This bill, without the amendment to make it a secondary offense, POINT OF ORDER keeping it a primary offense for texting on cell phones, is sup- Senator PILEGGI. Mr. President, point of order. ported by AAA, is supported by the Children's Hospital of Phila- Senator FERLO. I am not sure who is meeting where, but it delphia, and is supported by the National Safety Council. does not seem like we are making much-- Since Massachusetts passed restrictions on teen drivers in The PRESIDENT. Will the gentleman please yield. 2007, the number of fatal accidents involving drivers under 18 has dropped 75 percent. Mr. President, we are talking about the 2064 LEGISLATIVE JOURNAL - SENATE MAY 24, lives of our future. We are talking about having them, by law, ary offense -- although seatbelts are a passive restraint, the rate avoid the distractions that would keep them from focusing com- of compliance with seatbelt use in Pennsylvania is just as high, pletely and intently on the road on which they are traveling. Ac- if not higher, as in the other States that have it as a primary of- cording to the Hospital Association of Pennsylvania, using cell fense. Our interest here is education and not the jackboot ham- phones while driving increases the crash risk by four times. mer of the Commonwealth of Pennsylvania on our young people. Texting while driving has been shown to increase the crash risk Eventually, it is going to come to the adults, where the next piece by as many as 23 times. These statistics are from people and of legislation is going to move. I think a secondary offense is organizations that deal day in and day out with traffic safety, and appropriate at this point in time. the Hospital Association of Pennsylvania and the Children's Hos- If we find that it does not work, we can always move up to the pital of Philadelphia have to deal with the after-effects of those next level. But right now, what juveniles can or cannot do in who have been texting and using cell phones, being distracted their automobiles is the parents' responsibility. I do not want and being involved in accidents. people being pulled over as a primary offense. And I can tell you Mr. President, this body prides itself every time there is a what is going to happen. Everybody out there will say that it is resolution that comes forth honoring the police and the State a great idea until it happens to them or their daughter or their Police, all joining on. Well, none other than the Pennsylvania son, and then they are going to be calling here and saying, but State Police Commissioner, Colonel Frank Pawlowski, has writ- my son is a good driver, and he got pulled over for no other rea- ten to us and has said: son except that he was talking to me on the phone about getting "As Commissioner of the Pennsylvania State Police, I cannot milk and bread. stress enough the importance of keeping enforcement as a pri- Now, I want to make it clear that I think chitchat on phones mary offense. Changing enforcement of these offenses to a sec- is wrong. I think we should get off of them. But if we make this ondary offense would prove problematic for law enforcement. a primary offense, people are going to be extremely frustrated Quite honestly, enforcement would probably be almost nonexis- when it happens to them and they have a $200 bill coming to tent. Enactment of this legislation, while maintaining the primary their house because their son or daughter who is 17 1/2 years old enforcement provision, will undoubtedly save lives." got pulled over because they were talking on the phone. Let us Mr. President, that, again, is from Colonel Pawlowski, the make it an evolutionary process, an educational process. Tell Commissioner of the Pennsylvania State Police. I respectfully people it is a good idea not to text and not to talk on the phone, ask for a "no" vote on my colleague's amendment. not because it is a law--because it is a law--but because it is a Thank you, Mr. President. good and prudent idea. The PRESIDENT. The Chair recognizes the gentlewoman Thank you, Mr. President. from Venango, Senator Mary Jo White. Senator M.J. WHITE. Mr. President, I ask for a "yes" vote on And the question recurring, this amendment. I think it would be a wonderful thing if we Will the Senate agree to the amendment? could pass laws and magically make our children safe, but we cannot. It is really a parent's responsibility to set the rules. When The yeas and nays were required by Senator WOZNIAK and you give the kid the car keys, you are in control. Make the rules, were as follows, viz: and enforce them. My problem with this is that I believe the law as currently YEA-33 written is basically unenforceable. How can a law enforcement Alloway Fontana Robbins Waugh official look at the driver of a car and know how old they are Baker Gordner Scarnati White, Donald without pulling them over? How can they look at four young Boscola Kasunic Smucker White, Mary Jo people in a car and make a decision as to whether or not they are Brubaker Kitchen Stack Williams related to each other -- because if they are related, it is okay; if Corman McIlhinney Tartaglione Wozniak Dinniman Mensch Tomlinson Yaw they are not related, it is not okay. You know, I think this is Earll Musto Vogel well-intentioned--I know it is well-intentioned--and I do not Eichelberger O'Pake Ward question the motives of anyone trying to do this. But I think Folmer Pileggi Washington when we pass laws that are unenforceable, we do a disservice to NAY-14 our Commonwealth and to our law enforcement officials. Thank you. Argall Farnese One Stout The PRESIDENT. The Chair recognizes the gentleman from Browne Ferlo Piccola Vance Montgomery, Senator Rafferty. Costa Hughes Pippy Erickson Mellow Rafferty Senator RAFFERTY. Mr. President, just one clarification. The relationship of relatives was addressed in an earlier amend- A majority of the Senators having voted "aye," the question ment. We are talking about the banning of cell phones, texting, was determined in the affirmative. and seatbelts. It has nothing to do with relationships. It has ev- erything to do with the person driving the car and using the in- And the question recurring, struments. Thank you, Mr. President. I ask for a negative vote. Will the Senate agree to the bill on third consideration, as The PRESIDENT. The Chair recognizes the gentleman from amended? Cambria, Senator Wozniak. Senator WOZNIAK. Mr. President, I am in disagreement with my good friend from Montgomery County. Once again, second- 2010 LEGISLATIVE JOURNAL - SENATE 2065

FERLO AMENDMENT A6818 TABLED

Senator FERLO offered the following amendment No. A6818:

Amend Bill, page 1, line 5, by inserting after "prohibiting": use of Amend Bill, page 6, lines 26 through 30; page 7, lines 1 through 27, by striking out all of said lines on said pages and inserting: 3316. Prohibiting use of interactive wireless communications device.

On the question, Will the Senate agree to the amendment?

The PRESIDENT. The Chair recognizes the gentleman from Allegheny, Senator Ferlo. y (b) Exceptions.--This section shall not appl to: Senator FERLO. Mr. President, I just want to make it clear (1) A driver using an interactive wireless communications device to contact a 911 system or wireless E-91 1 service, as defined in that this amendment would ban the use of cell phones or calls or the act of July 9, 1990 (P.L.340, No.78), known as the Public Safety text messaging for all drivers, not just those with learner's per- Emergency Telephone Act. mits. I ask, respectfully, that this amendment be voted up or (2) A driver using an interactive wireless communications down and be debated and not be tabled, as I fear will be the device when the vehicle is stopped due to a traffic obstruction and the motor vehicle transmission is in neutral or park. pending action by the Majority. Again, I think the residents want (3) Operators of emergency vehicles who use an interactive us to fundamentally deal with the controversial issue that right wireless communications device for voice communication for the pur- now is a lot less controversial, and that is, people have come to pose of responding to an emergency while engaged in the performance recognize the tragedy associated with text messaging while driv- of their official duties. (4) Volunteer emergency responders who use an interactive ing, not just for youthful learner's permit teen drivers, but for all wireless communications device for voice communication for the pur- of us, including all of the older folks, like me and everybody else pose of responding to an emergenc y while engaged in the performance in this esteemed Senate Chamber. of their official duties. We have an opportunity before us. This is an amendment to (5) Amateur radio operators or citizens band radio operators who use an interactive wireless communications device for voice com- Act 75 of the Vehicle Code. Why not do it in a comprehensive munication for the purpose of responding to an emergenc y while en- fashion? Allow the democratic debate and discussion. Let us vote gaged in the performance of their official duties. it up or down. Let us let the people of Pennsylvania see how we (c) Seizure.--The provisions of this section shall not be construed feel on this critical issue. as authorizing the seizure or forfeiture of an interactive wireless com- This amendment would basically make a primary offense of munications device. (d) Penalty.-- continued negligent use of text messaging while driving, as well as of irresponsible cell phone use that is not hands-free. Case closed. I could argue at length about the public health and safety issues. I will not do that. Thank you, Mr. President. The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I move that the amendment be laid upon the table. We will take up this issue later in this Session. The PRESIDENT. Senator Pileggi moves that the amendment be laid upon the table. The motion is not debatable.

On the question, Will the Senate agree to the motion?

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

YEA-32

Alloway Earl! Piccola Vance Argall Eichelberger Pileggi Vogel Baker Erickson Pippy Ward 2066 LEGISLATIVE JOURNAL - SENATE MAY 24,

Boscola Folmer Robbins Waugh The PRESIDING OFFICER. The Chair recognizes the gentle- Browne Gordner Scarnati White, Donald man from Allegheny, Senator Pippy. Brubaker Mcllhinney Smucker White, Mary Jo Corman Mensch Stack Wozniak Senator PIPPY. Mr. President, today I offer this resolution Dinniman One Tomlinson Yaw recognizing May as "Junior Achievement Month" in Pennsylva- nia. Junior Achievement is the world's largest organization dedi- NAY-15 cated to educating students about workforce readiness, entrepre- Costa Hughes Musto Tartaglione neurship, and financial literacy through experiential and Farnese Kasunic OPake Washington hands-on programs. Also, this year, the organization is commem- Ferlo Kitchen Rafferty Williams orating the 71st anniversary of its founding in our Common- Fontana Stout Mellow wealth. I would like to thank my colleagues for their support of this resolution. A majority of the Senators having voted "aye," the question Thank you, Mr. President. was determined in the affirmative. Without objection, the bill, as amended, was passed over in its And the question recurring, order at the request of Senator PILEGGI. Will the Senate adopt the resolution? A voice vote having been taken, the question was determined RECESS in the affirmative. The PRESIDENT. The Chair recognizes the gentleman from CONSIDERATION OF CALENDAR RESUMED Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a recess of the SECOND CONSIDERATION CALENDAR RESUMED Senate for purposes of a meeting of the Committee on Appropri- ations, to be followed by a meeting of the Committee on Rules SB 1011 CALLED UP and Executive Nominations, both to be held in the Rules room. The PRESIDENT. For purposes of a meeting of the Commit- SB 1011 (Pr. No. 1953) -- Without objection, the bill, which tee on Appropriations, to be followed by a meeting of the Com- previously went over in its order temporarily, was called up, mittee on Rules and Executive Nominations, without objection, from page 3 of the Second Consideration Calendar, by Senator the Senate stands in recess. PILEGGI.

AFTER RECESS BILL REREPORTED FROM COMMITTEE AS The PRESIDING OFFICER (Senator John C. Rafferty, AMENDED ON SECOND CONSIDERATION Jr.) in the Chair. SB 1011 (Pr. No. 1953) -- The Senate proceeded to consider- The PRESIDING OFFICER. The time of recess having ex- ation of the bill, entitled: pired, the Senate will come to order. 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 certifi- UNFINISHED BUSINESS cates qualifying persons to teach and for kinds of State certificates; and SENATE RESOLUTIONS ADOPTED providing for residency certificates.

Senator GORDNER, by unanimous consent, offered Senate Considered the second time and agreed to, Resolution No. 345, entitled: Ordered, To be printed on the Calendar for third consider- ation. A Resolution designating the week of May 16, 2010, as "National Association of Insurance Women (International) Week" in Pennsylva- BILLS REPORTED FROM COMMITTEES nia. Senator PILEGGI, from the Committee on Rules and Execu- Which was read, considered, and adopted by voice vote. tive Nominations, reported the following bill:

Senators PIPPY, WILLIAMS, STOUT, RAFFERTY, SB 828 (Pr. No. 1924) (Rereported) (Concurrence) KASUNIC, BAKER, GREENLEAF, COSTA, FONTANA, An Act amending the act of May 23, 1945 (P.L.926, No.369), re- O'PAKE, DINNIMAN, WASHINGTON, STACK, ALLOWAY, ferred to as the Public Eating and Drinking Place Law, further providing BOSCOLA, MELLOW, FERLO, PILEGGI, ARGALL, for definitions; and providing for applicability. ERICKSON, D. WHITE, EARLL, WAUGH and BRUBAKER, by unanimous consent, offered Senate Resolution No. 346, enti- Senator CORMAN, from the Committee on Appropriations, tled: reported the following bills:

A Resolution designating the month of May 2010 as "Junior SB 1145 (Pr. No. 1522) (Rereported) Achievement Month" in Pennsylvania. An Act amending Title 42 (Judiciary and Judicial Procedure) of the On the question, Pennsylvania Consolidated Statutes, in Pennsylvania Commission on Sentencing, further providing for adoption of guidelines for sentencing; Will the Senate adopt the resolution? and providing for adoption of risk and needs assessment instrument. 2010 LEGISLATIVE JOURNAL - SENATE 2067

SB 1161 (Pr. No. 1538) (Rereported) Congratulations of the Senate were extended to the Honorable Merle H. Phillips, Frances L. Petrovich and to Gail Whitley by An Act amending Title 61 (Penal and Correctional Institutions) of Senator Gordner. the Pennsylvania Consolidated Statutes, in inmate prerelease plans, providing for inmates serving short minimum sentences; and, in proba- Congratulations of the Senate were extended to the Honorable tion and parole, further providing for parole power. Russell Fairchild by Senators Gordner and Yaw. Congratulations of the Senate were extended to Gregory Cox SB 1250 (Pr. No. 1996) (Rereported) (Amended) Kozemchak, Andrew Lersch and to the Hatfield Volunteer Fire Company by Senator Greenleaf. An Act amending the act of January 8, 1960 (1959 P.L.2119, Congratulations of the Senate were extended to Roland E. No.787), known as the Air Pollution Control Act, further providing for disposition of fees, fines and civil penalties. Hacker by Senator Mensch. Congratulations of the Senate were extended to the Resh Fam- SB 1275 (Pr. No. 1764) (Rereported) ily of Nazareth, Dr. Sweety Jain, Dr. Domenico Cavaiuolo, Tim and Tammy Dietrich, Mike Leshko, Robin Sweeney, Trish An Act amending Title 61 (Penal and Correctional Institutions) of Osorto, Sylvia Seibert, Mary Jo McNulty and to Redner's Ware- the Pennsylvania Consolidated Statutes, in Pennsylvania Board of Pro- house Market of Allentown by Senator Mensch and others. bation and Parole, further providing for violation of terms of parole. Congratulations of the Senate were extended to Patrick James Grinage, Kerry C. Hoffman, Michael J. Kitsock and to the Read- HB 47 (Pr. No. 3776) (Rereported) (Amended) ing Central Catholic Boys Basketball Team by Senator O'Pake. An Act providing for education for parents relating to sudden infant Congratulations of the Senate were extended to William death syndrome and sudden unexpected death of infants; establishing Scheerbaum, Ezekiel Adzema Braun and to Luke T. the Sudden Infant Death Syndrome Education and Prevention Program; Badaczewski by Senator Orie. and providing for duties of the Department of Health. Congratulations of the Senate were extended to William Lehr, CONGRATULATORY RESOLUTIONS Jr., by Senators Piccola, Folmer, and Vance. Congratulations of the Senate were extended to James H. The PRESIDING OFFICER laid before the Senate the follow- Yerkes, Mary G. Whayland, Fred L. Siersdorfer, Jr., Joan ing resolutions, which were read, considered, and adopted by McHugh,,Mary Anne Cummins, Alice Patton, William T. Mon- voice vote: ger, Jr., Charles E. Brewick, Barbara Smith, Mary Lou Congratulations of the Senate were extended to Robert K. Schmotzer, Margie Osterhus, Elsey Zoller and to June Schriber Crowell, Jr., by Senator Alloway. by Senator Pippy. Congratulations of the Senate were extended to the Sweet Congratulations of the Senate were extended to Broad Acres Valley Fire Company by Senator Baker. Nursing Home of Wellsboro and to Mulberry Square Elder Care Congratulations of the Senate were extended to the Alliance and Rehabilitation Center of Punxsutawney by Senator Scarnati. for Building Communities of Allentown by Senator Browne. Congratulations of the Senate were extended to Donald L. Congratulations of the Senate were extended to Clare Michael and to Christopher C. Gast by Senator Smucker. Cacciatore, Noelani Cruz, Angel Cuevas, Joshua Nigrone, Congratulations of the Senate were extended to William Andrea Brady, Maria Homa, Kyle Kremposky, Zachary Peters, Stephens by Senator Stout. Brett Morrison, David Gonzalez, Vincent Fragnito, Seth Harmer, Congratulations of the Senate were extended to the Honorable Rapther Leon, Robert Demyan, Erin Miller, Ashley Heil, Jessica Joseph DiGirolamo by Senator Tomlinson. Delong, Cody Bennicoff, Mallory Kidd, Katharina Durrenberger, Congratulations of the Senate were extended to Emily Ward Emily Fink, Brandon Woolf, Nicholas Cech, Kelvin Dewalt, by Senator Vogel. Adam Becker, Raheam Hood, Nikolas Stetch, Jeremy Kranitz, Congratulations of the Senate were extended to Joseph Kathryn Capitano, Lisa Cronk, Kaitlyn Weaver, Brittany Kistler, DiDomenico by Senator Ward. Alicia Ventura, Joseph Cabrera, Kimberly Fazekas, Amber Congratulations of the Senate were extended to Colby A. Hamm and to Elizabeth Rutt by Senator Browne and others. Boyd and to Edward M. Murphy by Senator Waugh. Congratulations of the Senate were extended to Kyle D. Congratulations of the Senate were extended to Mr. and Mrs. Stayer by Senator Brubaker. Joe Chmiel and to Mr. and Mrs. Joseph Romanchak by Senator Congratulations of the Senate were extended to Emily M.J. White. Catherman and to Nicholas J. Grasser by Senator Corman. Congratulations of the Senate were extended to Mr. and Mrs. Congratulations of the Senate were extended to Camilla Hall, Joseph E. Waldman by Senator Yaw. Michael Allan Farbizio and to DeBaptiste Funeral Homes, Inc., of West Chester, by Senator Dinniman. CONDOLENCE RESOLUTIONS Congratulations of the Senate were extended to the Bartram The PRESIDING OFFICER laid before the Senate the follow- Bridge Joint Preservation Commission and the Newtown Square ing resolutions, which were read, considered, and adopted by. Historical Preservation Society by Senators Dinniman and voice vote: Erickson. Condolences of the Senate were extended to the family of the Congratulations of the Senate were extended to Anita J. late Lawrence C. Lucarino, Jr., by Senator Baker. Locanto by Senator Earll. Condolences of the Senate were extended to the family of the Congratulations of the Senate were extended to the West late Donald R. Spillane and to the family of the late Robert L. Chester Bayard Rustin High School Academic Competition Potter by Senator Orie. Team by Senator Erickson. 2068 LEGISLATIVE JOURNAL - SENATE MAY 24,

Condolences of the Senate were extended to the family of the 11:30 A.M. JUDICIARY (to consider Senate Bills Room 8E-B late Barbara Atkinson Wharton, the family of the late Joyce L. No. 1340 and 1360; Senate Resolution East Wing Przybylski, the family of the late Noah T. Derstine, the family of No. 344; and House Bill No. 264) the late Arthur A. Garges and to the family of the late Dennis W. Off the Floor RULES AND EXECUTIVE Rules Cmte. Rickert, Sr., by Senator Mcllhinney. NOMINATIONS (to consider Senate Conf. Rm. Condolences of the Senate were extended to the family of the Bills No. 260 and 441; and certain executive nominations) late Vannessa Carter-Moragne by Senator Washington. WEDNESDAY, MAY 26, 2010 POSTHUMOUS CITATION 9:00 A.M. COMMUNITY, ECONOMIC AND Room 8E-B The PRESIDING OFFICER laid before the Senate the follow- RECREATIONAL DEVELOPMENT East Wing ing citation, which was read, considered, and adopted by voice (to consider Senate Bill No. 831; to vote: conduct a hearing on the Gaming Budgets, A posthumous citation honoring the late Lance Corporal FY 2010-11, for the PA Gaming Control Board, PA State Police and the PA Dept. Harry J. Simmons was extended to the family by Senator of Revenue; and to be provided with a Tomlinson. status update regarding the implementation of table games) HOUSE MESSAGE 9:00 A.M. FINANCE (public hearing on Room 8E-A SENATE BILL RETURNED WITH AMENDMENTS Combined Reporting) East Wing

TUESDAY, JUNE 8, 2010 The Clerk of the House of Representatives returned to the Senate SB 260, with the information the House has passed the 9:00 A.M. MAJORITY POLICY COMMITTEE Senate Maj. same with amendments in which the concurrence of the Senate (joint public hearing with the Senate Caucus Rm. is requested. Finance Committee on the proposal to expand the Pennsylvania Sales and The PRESIDING OFFICER. Pursuant to Senate Rule XIV, Use Tax) section 6, this bill will be referred to the Committee on Rules and Executive Nominations. 10:00 A.M. JUDICIARY (to receive testimony relating Hrg. Rm. I to "best practices" in juvenile justice) North Off. ANNOUNCEMENTS BY THE SECRETARY 10:30 A.M. AGING AND YOUTH (to consider Room 8E-B The following announcements were read by the Secretary of House Bill No. 245) East Wing the Senate: WEDNESDAY, JUNE 9, 2010

SENATE OF PENNSYLVANIA 10:00 A.M. COMMUNICATIONS AND Room 8E-B TECHNOLOGY (to consider House East Wing COMMITTEE MEETINGS Bill No. 1175)

MONDAY, MAY 24, 2010 FRIDAY, JUNE 11, 2010 Off the Floor APPROPRIATIONS (to consider Senate Rules Cmte. Bills No. 971, 1145, 1161, 1250 and Conf. Rm. 1:00 P.M. JUDICIARY (to receive testimony Phila. Bar 1275; and House Bill No. 47) regarding Philadelphia's criminal justice Assn., 1101 system, specifically looking at the issues Market St. Off the Floor RULES AND EXECUTIVE Rules Cmte. of witness intimidation and witness 11th Floor Phila., PA NOMINATIONS (to consider Senate Conf. Rm. relocation) Bills No. 441 and 828; and certain TUESDAY, JUNE 15, 2010 executive nominations) JUDICIARY (to receive testimony relating Room 8E-B TUESDAY, MAY 25, 2010 10:30 A.M. to "best practices" in juvenile justice) East Wing 10:00 A.M. LOCAL GOVERNMENT (to consider Room 8E-A Senate Bills No. 1366, 1367, 1368 and East Wing 12:00 P.M. GAME AND FISHERIES (to consider Room 8E-A 1369; Senate Resolution No. 323; and Senate Bill No. 1272; and House Bill East Wing House Bills No. 1237, 1288 and 1289) No. 2161)

11:00 A.M. STATE GOVERNMENT (to consider Room 461 RECESS House Bill No. 666; followed by a public Main Capitol hearing to review the Department of The PRESIDING OFFICER. The Chair recognizes the gentle- General Services 2010 Proposed Real man from Delaware, Senator Pileggi. Property Disposition Plan) Senator PILEGGI. Mr. President, I move that the Senate do 11:00 A.M. VETERANS AFFAIRS AND Senate Maj. now recess until Tuesday, May 25, 2010, at 1 p.m., Eastern Day- EMERGENCY PREPAREDNESS Caucus Rm. light Saving Time, unless sooner recalled by the President pro (to consider Senate Bill No. 384; Senate tempore. Resolutions No. 205 and 287; House Bill The motion was agreed to by voice vote. No. 1789; House Resolution No. 403; and a presentation by the United Service The Senate recessed at 4:22 p.m., Eastern Daylight Saving Organization, USO, of Philadelphia) Time.