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Legislative Journal COMMONWEALTH OF PENNSYLVANIA Legislative Journal WEDNESDAY, NOVEMBER 14, 2018 SESSION OF 2018 202ND OF THE GENERAL ASSEMBLY No. 47 SENATE Consistent with the recess motion made on October 17, 2018, the Senate is recalled for session on Wednesday, November 14, 2018, at WEDNESDAY, November 14, 2018 1:00 p.m. The Senate met at 1:18 p.m., Eastern Standard Time. COMMUNICATIONS FROM THE GOVERNOR The PRESIDENT (Lieutenant Governor Mike Stack) in the NOMINATIONS REFERRED TO COMMITTEE Chair. The PRESIDENT laid before the Senate the following com- PRAYER munications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the The Chaplain, Reverend JAMES R. KILMARTIN, of Center Committee on Rules and Executive Nominations: City Church, Altoona, offered the following prayer: MEMBER OF THE COMMONWEALTH OF Good afternoon, everyone. I will start with a quote from Wil- PENNSYLVANIA COUNCIL ON THE ARTS liam Penn. "True religion does not draw men out of the world but enables them to live better in it and excites their endeavors to October 26, 2018 mend it." To the Honorable, the Senate May we pray. of the Commonwealth of Pennsylvania: Lord, we pray today for this Senate Session, and we pray In conformity with law, I have the honor hereby to nominate for the today for this great State of Pennsylvania. God, we pray for the advice and consent of the Senate, Elise Claire Schell, 1506 Penn Street, gentlemen who are concluding their terms who are here and we Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for honor them as they move on to the next seasons and next chap- appointment as a member of the Commonwealth of Pennsylvania Coun- cil on the Arts, to serve until July 1, 2019, and until her successor is ters of their lives. God, we pray for wisdom for all of those who appointed and qualified, vice Gayle Isa, Philadelphia, resigned. are making the decisions for this great Commonwealth. We ask for wisdom and we ask for grace. God, may You heal this State TOM WOLF and may You bring great healing into this State, even over the Governor children and things that we have seen in years past. God, may Your grace, may Your goodness abound immensely, even today. MEMBER OF THE STATE BOARD OF CHIROPRACTIC This, in Jesus' name, I pray. Amen. October 26, 2018 The PRESIDENT. The Chair thanks Reverend Kilmartin, who is the guest today of Senator Eichelberger. To the Honorable, the Senate of the Commonwealth of Pennsylvania: PLEDGE OF ALLEGIANCE In conformity with law, I have the honor hereby to nominate for the (The Pledge of Allegiance was recited by those assembled.) advice and consent of the Senate, Ashley Fehr, 115 Molleystown Road, Pine Grove 17963, Schuylkill County, Twenty-ninth Senatorial District, GENERAL COMMUNICATION for appointment as a member of the State Board of Chiropractic, to serve for a term of four years, and until her successor is appointed and RECALL OF REGULAR SESSION qualified, but not longer than six months beyond that period, vice George Khoury, Bridgeville, whose term expired. The PRESIDENT laid before the Senate the following com- TOM WOLF munication, which was read by the Clerk as follows: Governor SENATE OF PENNSYLVANIA MEMBER OF THE BOARD OF TRUSTEES OF November 13, 2018 TEMPLE UNIVERSITY OF THE COMMONWEALTH TO: President and All Members of the Senate SYSTEM OF HIGHER EDUCATION FROM: Senator JOE SCARNATI October 26, 2018 President Pro Tempore RE: Recall to Session To the Honorable, the Senate Wednesday, November 14, 2018, 1:00 p.m. of the Commonwealth of Pennsylvania: 1058 LEGISLATIVE JOURNAL — SENATE NOVEMBER 14, In conformity with law, I have the honor hereby to nominate for the A Joint Resolution proposing an amendment to the Constitution of advice and consent of the Senate, Elise Claire Schell, 1506 Penn Street, the Commonwealth of Pennsylvania, authorizing the use of initiative Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for and referendum as powers reserved to the people. appointment as a member of the Board of Trustees of Temple Univer- sity of the Commonwealth System of Higher Education, to serve until Which was committed to the Committee on STATE GOV- October 14, 2020, and until her successor is appointed and qualified, ERNMENT, October 25, 2018. vice H.F. Gerry Lenfest, Huntingdon Valley, deceased. Senators HUGHES, TARTAGLIONE, FARNESE, COSTA TOM WOLF Governor and BREWSTER presented to the Chair SB 1276, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for education reinvestment, SENATE BILL RETURNED WITHOUT APPROVAL for severance tax, for public school building renovation and rehabilita- tion, for public school building renovation and rehabilitation bonds, for The PRESIDENT laid before the Senate the following veto public school building renovation and rehabilitation grant program and communication in writing from His Excellency, the Governor of for comprehensive public school safety program; and making a related the Commonwealth, advising that the following Senate Bill had repeal. been returned without approval: Which was committed to the Committee on ENVIRONMEN- TAL RESOURCES AND ENERGY, October 25, 2018. SB 1172, entitled: An Act amending the act of October 31, 2006 (P.L.1210, No.133), Senators GREENLEAF, MENSCH, SCHWANK and known as the Price Gouging Act, further providing for definitions, for BREWSTER presented to the Chair SB 1277, entitled: price gouging prohibited and for investigation. An Act amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, providing for Second Chance PHEAA Pilot The Clerk read the veto message as follows: Program; in Pennsylvania Board of Probation and Parole, providing for Post-Prison Education Program Demonstration Project; and establishing October 24, 2018 the Post-Prison Education Program Demonstration Project Fund. TO THE HONORABLE SENATE OF THE Which was committed to the Committee on EDUCATION, COMMONWEALTH OF PENNSYLVANIA: October 25, 2018. Pursuant to Article IV, Section 15, of the Pennsylvania Constitu- tion, I am returning herewith, without my approval, Senate Bill 1172, Senators EICHELBERGER, MARTIN, DiSANTO and Printer's Number 2094. FOLMER presented to the Chair SB 1278, entitled: Instead of protecting consumers by prohibiting price gouging for An Act amending the act of July 23, 1970 (P.L.563, No.195), needed goods and services during a state of disaster emergency, this known as the Public Employe Relations Act, in definitions, further legislation shifts the burden to a consumer during a state of disaster providing for definitions, in employee rights, providing for payments to emergency. The purpose of the Price Gouging Act is to prohibit parties employee organizations and resignation from employee organization; from taking an unfair advantage of consumers by charging unconscio- in representation, further providing for exclusive representation and nably excessive prices during an emergency. This legislation alters the providing for recertification; in scope of bargaining, further providing existing standard in determining price gouging and permits preestab- for membership dues deductions and maintenance of membership and lished increased costs during emergencies. Further, the legislation en- providing for collection of payments from nonmembers; and making courages the prices of consumer goods and services to be increased related repeals. prior to a state of disaster emergency being declared. This legislation undermines the purpose of the act by reducing the standard for deter- Which was committed to the Committee on LABOR AND mining an unconscionable excessive price and shortens the period of INDUSTRY, October 25, 2018. this prohibition. My administration has outlined legislative actions that can be taken November 13, 2018 to further address declarations of emergencies, including the declaration of public health emergencies. Rather than burdening consumers, I look Senators ARGALL, BREWSTER, STREET, YUDICHAK, forward to continuing to work with the General Assembly to protect the citizens of the Commonwealth during a public health emergency. McGARRIGLE, FARNESE, BOSCOLA and LEACH presented For the reasons set forth above, I must withhold my signature from to the Chair SB 1279, entitled: Senate Bill 1172, Printer's Number 2094. An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in historic preservation incentive tax TOM WOLF credit, further providing for definitions and for tax credit certificates, Governor establishing the Historic Rehabilitation Tax Credit Administration Ac- count, further providing for carryover, carryback and assignment of The PRESIDENT. The bill and veto message will be laid on credit and for pass-through entity, providing for annual report to Gen- the table. eral Assembly, further providing for application of Internal Revenue Code and for limitation and providing for recapture. BILLS INTRODUCED AND REFERRED Which was committed to the Committee on FINANCE, November The PRESIDENT laid before the Senate the following Senate 13, 2018. Bills numbered, entitled, and referred as follows, which were Senator VULAKOVICH presented to the Chair SB 1280, entitled: read by the Clerk: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for National Guard service October 25, 2018 tax credit. Senators BOSCOLA and SCHWANK presented to the Chair Which was committed to the Committee on FINANCE, No- SB 1267, entitled: vember 13, 2018. 2018 LEGISLATIVE JOURNAL — SENATE 1059 HOUSE MESSAGES October 26, 2018 HOUSE BILLS FOR CONCURRENCE The Honorable Megan Martin Senate Secretary/Parliamentarian The Clerk of the House of Representatives presented to the Senate Box 203053 Senate the following bills for concurrence, which were referred 462 Main Capitol Building Harrisburg, PA 17120-3053 to the committees indicated: Dear Senator [sic] Martin: October 31, 2018 In compliance with Act 13A dated June 22, 2018, I submit the HB 562 -- Committee on Health and Human Services.
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