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.