COMMONWEALTH OF Legislative Journal

TUESDAY, JANUARY 1, 2013

SESSION OF 2013 197TH OF THE GENERAL ASSEMBLY No. 1

SENATE (Whereupon, the Senate en bloc stood in a moment of silence in solemn respect to the memory of the VICTIMS OF SANDY TUESDAY, January 1, 2013 HOOK ELEMENTARY SCHOOL, Newtown, Connecticut.) The PRESIDENT. This is the constitutional day and hour for PRESENTATION OF ELECTION RETURNS the convening of the 197th Regular Session of the General As- sembly. The PRESIDENT. The Chair recognizes the Sergeant-at- Arms. The PRESIDENT (Lieutenant Governor ) called The SERGEANT-AT-ARMS. Mr. President, I have the honor the Senate to order at 12 m., Eastern Standard Time. to present the Secretary of the Commonwealth, the Honorable PRAYER Carol Aichele. Secretary AICHELE. Mr. President, I have the honor to pres- The Chaplain, Reverend MARTIN D. ODOM, Pastor of ent the official returns and statements of campaign expense com- Bethel Village A.M.E. Church, Harrisburg, offered the following pliance for the offices of Attorney General, Auditor General, prayer: State Treasurer, and Senators in the General Assembly for the election held November 6, 2012. Let us pray. The PRESIDENT. The Chair thanks Secretary Aichele. The Eternal God, Creator and Sustainer of all humankind, we returns for Treasurer, Auditor General, and Attorney General thank You for this day that You have made. We thank You for will lie on the table. this opportunity that You have given us to serve, to make a meaningful difference in the lives of those whom You have ELECTION RETURNS OF SENATORS called each and all of us to help and uplift. And now, Lord, we pray Your blessings upon the Members of this Pennsylvania The PRESIDENT. The returns of the Senators will be read by State Senate. Guide their deliberations, Lord. Give them clear the Clerk. thought. Give them a heart of compassion and mercy to look The Clerk read the election returns as follows: upon and reflect upon the lives of all of the residents of the Com- monwealth of Pennsylvania, to represent us in such a way that FIRST SENATORIAL DISTRICT Lawrence M. Farnese, Jr. (Dem) 95,612 our lives are enriched and that we are pleased and satisfied with Alfonso Gambone, Jr. (Rep) 20,421 the service that they have given. Make them ever mindful, Lord, that they have been sent here not to be served, but they have been THIRD SENATORIAL DISTRICT sent as servants. And so now, guide them with Your wisdom, by Philadelphia Shirley M. Kitchen (Dem) 101,151 Your grace, that in all that is said and done in this legislative FIFTH SENATORIAL DISTRICT Session, that Your will and Your way will prevail. In Your name Philadelphia (Dem) 65,587 we pray. Amen. Michael J. Tomlinson (Rep) 25,954

The PRESIDENT. The Chair thanks Pastor Odom, who is the SEVENTH SENATORIAL DISTRICT guest today of Senator-elect Teplitz. Philadelphia Vincent J. Hughes (Dem) 105,146 PLEDGE OF ALLEGIANCE NINTH SENATORIAL DISTRICT Delaware Dominic F. Pileggi (Rep) 73,003 (The Pledge of Allegiance was recited by those assembled, Patricia L. Worrell (Dem) 58,769 led by the gentleman from Montgomery, Senator RAFFERTY.) ELEVENTH SENATORIAL DISTRICT Berks (Dem) 63,796 STATEMENT BY THE PRESIDENT Karen L. Mogel (Rep) 35,318

The PRESIDENT. The Chair notes that today is the first time THIRTEENTH SENATORIAL DISTRICT that the Senate has convened since the terrible events of Decem- Lancaster Lloyd K. Smucker (Rep) 64,153 ber 14, 2012, which took the lives of 26 people, including 20 Tom G. O'Brien (Dem) 50,981 children, at Sandy Hook Elementary School in Newtown, Con- FIFTEENTH SENATORIAL DISTRICT necticut. The Chair asks that all of the Members and guests re- Dauphin Rob Teplitz (Dem) 61,139 main standing for a moment of silence to remember and honor John McNally (Rep) 57,504 the victims of that tragedy. 2 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

SEVENTEENTH SENATORIAL DISTRICT Ninth District)Dominic F. Pileggi Montgomery Daylin Leach (Dem) 78,508 Eleventh District)Judy Schwank Charles Henry Gehret (Rep) 45,707 Thirteenth District)Lloyd K. Smucker NINETEENTH SENATORIAL DISTRICT Fifteenth District)Rob Teplitz Chester Andrew E. Dinniman (Dem) 83,589 Seventeenth District)Daylin Leach Christopher J. Amentas (Rep) 61,914 Nineteenth District)Andrew E. Dinniman ) TWENTY-FIRST SENATORIAL DISTRICT Twenty-first District Scott E. Hutchinson Venango Scott E. Hutchinson (Rep) 75,905 Twenty-third District)Gene Yaw Twenty-fifth District)Joseph B. Scarnati, III TWENTY-THIRD SENATORIAL DISTRICT Twenty-seventh District)John R. Gordner Lycoming Gene Yaw (Rep) 66,277 ) Luana Cleveland (Dem) 28,771 Twenty-ninth District David G. Argall Thirty-first District)Patricia H. Vance TWENTY-FIFTH SENATORIAL DISTRICT Thirty-third District), II Jefferson Joseph B. Scarnati III (Rep) 75,096 Thirty-fifth District)John N. Wozniak Thirty-seventh District)Matt Smith TWENTY-SEVENTH SENATORIAL DISTRICT ) Columbia John R. Gordner (Rep) 75,667 Thirty-ninth District Kim L. Ward Forty-first District)Don White TWENTY-NINTH SENATORIAL DISTRICT Forty-third District), Jr. Schuylkill David G. Argall (Rep) 56,837 Forty-fifth District)James R. Brewster Tim Seip (Dem) 44,365 Forty-seventh District)Elder A. Vogel, Jr. THIRTY-FIRST SENATORIAL DISTRICT Forty-ninth District)Sean D. Wiley Cumberland Patricia H. Vance (Rep/Dem) 123,096 STATEMENT BY THE PRESIDENT THIRTY-THIRD SENATORIAL DISTRICT Franklin Richard Alloway II (Rep) 81,503 The PRESIDENT. For the record, the Chair has been in- Adams Bruce Neylon (Dem) 33,716 formed by the Secretary of the Commonwealth that all Sena- THIRTY-FIFTH SENATORIAL DISTRICT tors-elect have filed in her office the accounts and affidavits as Cambria John N. Wozniak (Dem) 46,637 required by the Election Code. Timothy P. Houser (Rep) 44,844 ADMINISTRATION OF OATH OF OFFICE THIRTY-SEVENTH SENATORIAL DISTRICT TO REPUBLICAN SENATORS-ELECT Allegheny Matt Smith (Dem) 70,883 D. Raja (Rep) 63,854 The PRESIDENT. The next order of business will be the ad- THIRTY-NINTH SENATORIAL DISTRICT ministration of the oath of office for the new and reelected Re- Westmoreland Kim L. Ward (Rep/Dem) 92,984 publican Senators. It is a distinct honor and pleasure to have with Ronald M. Gazze (Dem) 13,946 us today a distinguished judge of the Commonwealth Court of Pennsylvania and a personal friend, the Honorable Renee Cohn FORTY-FIRST SENATORIAL DISTRICT Indiana Don White (Rep) 82,761 Jubelirer. Judge Cohn Jubelirer has kindly consented to be here today to administer the oath of office to the Republican Sena- FORTY-THIRD SENATORIAL DISTRICT tors-elect and Officers in accordance with Article VI, Section 3, Allegheny Jay Costa, Jr. (Dem) 94,779 of the Constitution of Pennsylvania. FORTY-FIFTH SENATORIAL DISTRICT We will now proceed to the administration of the oath of of- Allegheny James R. Brewster (Dem) 72,189 fice to the Republican Senators-elect by Judge Renee Cohn Jubelirer. FORTY-SEVENTH SENATORIAL DISTRICT Will the Republican Senators-elect present themselves in front Beaver Elder A. Vogel, Jr. (Rep) 57,613 of the rostrum. Please bring with you the Bibles which have been Kimberly Pazzanita Villella (Dem) 43,348 placed at your desk. If you would please step forward. FORTY-NINTH SENATORIAL DISTRICT Before the administration of the oath, as a housekeeping mat- Erie Sean D. Wiley (Dem) 60,921 ter, the Chair would like to request the cooperation of news pho- Janet S. Anderson (Rep) 40,592 tographers and others who would like to have pictures taken or to videotape so that during each of the actual ceremonies there *Party Designation - (Dem) Democrat, (Rep) Republican will be no picture taking. Those Senators who are sworn in are asked to please, at the conclusion of the actual administration of Whereupon, the following named persons were declared duly the oath of office, stay at the bar for a few minutes for the conve- elected Senators in the General Assembly of the Commonwealth nience of any person who would desire to take pictures. The rest of Pennsylvania: of us will be at ease for those few moments. With that, Judge Cohn Jubelirer. First District)Lawrence M. Farnese, Jr. Judge COHN JUBELIRER. Thank you very much. It is a real Third District)Shirley M. Kitchen honor to be here today with you. Fifth District)Mike Stack Please place your left hand on your Bible and raise your right Seventh District)Vincent J. Hughes hand, and repeat after me: 2013 LEGISLATIVE JOURNAL — SENATE 3

I, (state your name), do solemnly swear that I will support, Reported by: obey and defend the Constitution of the and the Ann-Marie P. Sweeney Chief Official Reporter Constitution of this Commonwealth and that I will discharge the Senate of Pennsylvania duties of my office with fidelity. Congratulations, Senators. SENATOR VANCE: Good afternoon. Senator Joseph Scarnati (Applause.) was elected to serve as the Interim President pro tempore of the Senate on November 14. At that time, he was administered the oath office to ADMINISTRATION OF OATH OF OFFICE serve as Interim President pro tempore. To serve as the Interim Presi- dent pro tempore, however, Senator Scarnati also needs to be adminis- TO DEMOCRATIC SENATORS-ELECT tered the oath office for his new term as State Senator. The oath of office for his new term as Senator will be administered today. Judge The PRESIDENT. The next order of business will be the ad- Peck will administer the oath of office. ministration of the oath of office for new and reelected Demo- We will now proceed to receive the returns of the election from the cratic Senators. It is an honor and privilege to have with us today 25th Senatorial District from the election held November 6, 2012. The Chair lays before the Senate the following communication a distinguished member of the Superior Court of Pennsylvania, from the Secretary of the Commonwealth. the Honorable Christine L. Donohue. Judge Donohue has kindly THE CLERK: At the general election held on the 6th day of No- consented to be here today to administer the oath of office to our vember, 2012, Joseph B. Scarnati III received 75,096 votes and was Democratic Senators-elect in accordance with Article VI, Section duly elected to the office of Senator of General Assembly from the 25th District of the Commonwealth of Pennsylvania. 3, of the Constitution of Pennsylvania. SENATOR VANCE: The Chair also acknowledges receiving the Will all the Democratic Senators-elect please present them- certified election returns from the Secretary of the Commonwealth for selves in front of the rostrum. Please bring with you the Bibles 25th Senatorial District. Such returns having been received and read, that have been placed at your desks. Joseph B. Scarnati III is declared to be the duly elected Senator in the Will everyone please rise. General Assembly for the 25th Senatorial District. For the record, the Chair has also been informed by the Secretary I have the honor of presenting Judge Donohue, who will ad- of the Commonwealth that Senator-elect Scarnati has filed the accounts minister the oath of office to the Democratic Senators-elect. and affidavits as required by the election laws, and the Chair will sub- Judge DONOHUE. Thank you, Mr. President. It is truly my mit the certificate for the record. honor and privilege to be here today to swear you in. Will Senator Scarnati present himself at the bar of the Senate. It is an honor and privilege to have with us today the Honorable If you would place your left hand on your Bible, raise your Christylee Peck, Judge of the Court of Common Pleas of Cumberland right hand, and repeat after me: County. She has kindly consented to be with us today to administer the I, (state your name), do solemnly swear that I will support, oath of office to Senator-elect Joseph Scarnati. obey and defend the Constitution of the United States and the Will everyone rise. I now present Judge Peck. JUDGE PECK: Senator, would you please raise your right hand Constitution of this Commonwealth and that I will discharge the and repeat after me. duties of my office with fidelity. I, state your name. Congratulations. THE PRESIDENT PRO TEMPORE-ELECT: I, Joseph B. Scarnati (Applause.) III. JUDGE PECK: Do solemnly swear. THE PRESIDENT PRO TEMPORE-ELECT: Do solemnly swear. STATEMENT BY THE PRESIDENT JUDGE PECK: That I will support, obey and defend. THE PRESIDENT PRO TEMPORE-ELECT: That I will support, The PRESIDENT. The Chair wishes to announce at this time obey and defend. that the oath of office was administered to the Honorable Joseph JUDGE PECK: The Constitution of the United States. Scarnati on November 28, 2012, so that he could assume the THE PRESIDENT PRO TEMPORE-ELECT: The Constitution of duties of interim President pro tempore.The transcript of those the United States. JUDGE PECK: And the Constitution of this Commonwealth. proceedings will be entered into the Legislative Journal at this THE PRESIDENT PRO TEMPORE-ELECT: And the Constitu- time. tion of this Commonwealth. JUDGE PECK: And that I will discharge the duties of my office COMMONWEALTH OF PENNSYLVANIA with fidelity. SENATE OF PENNSYLVANIA THE PRESIDENT PRO TEMPORE-ELECT: And that I will dis- * * * * * charge the duties of my office with fidelity. JUDGE PECK: Congratulations, Senator. In re: Swearing-in Proceedings of Senator-elect THE PRESIDENT PRO TEMPORE-ELECT: Thank you. Joseph B. Scarnati III, President pro tempore SENATOR VANCE: Congratulations, Senator Scarnati. The Chair wishes to thank Judge Peck for assisting us today. * * * * * The Chair directs the Secretary of the Senate to enter these pro- Stenographic report of proceedings ceedings in the Senate Journal on the first day of the next Regular Ses- held in Senate Chamber, Main Capitol sion on January 1, 2013. Building, Harrisburg, Pennsylvania This concludes the ceremony. The Chair thanks everyone in atten- dance. Wednesday (Whereupon, the proceedings were concluded at 4:20 p.m.) November 28, 2012 4:15 p.m. I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me during the hearing of the HONORABLE PATRICIA H. VANCE, Presiding within cause, and that this is a true and correct transcript of JUDGE CHRISTYLEE PECK, Judge, Court of Common Pleas, ANN-MARIE P. SWEENEY Cumberland County, Administering Oath of Office Chief Official Reporter Senate of Pennsylvania 4 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

THE FOREGOING CERTIFICATION DOES NOT APPLY TO Thirty-first District–Patricia H. Vance ANY REPRODUCTION OF THE SAME BY ANY MEANS UNLESS Thirty-third District–Richard L. Alloway II UNDER THE DIRECT CONTROL AND/OR SUPERVISION OF THE CERTIFYING REPORTER. Thirty-fourth District– Thirty-fifth District–John N. Wozniak ANN-MARIE P. SWEENEY Thirty-sixth District– Chief Official Reporter Thirty-seventh District–Matt Smith Senate of Pennsylvania Room 644, Main Capitol Building Thirty-eighth District– Harrisburg, PA 17120 Thirty-ninth District–Kim L. Ward (717) 787-4205 Fortieth District–Randy Vulakovich Forty-first District–Donald C. White SPECIAL ORDER OF BUSINESS Forty-second District–Wayne D. Fontana GUESTS OF SENATOR JAY COSTA Forty-third District–Jay Costa, Jr. PRESENTED TO THE SENATE Forty-fourth District–John C. Rafferty, Jr. Forty-fifth District–James R. Brewster The PRESIDENT. The Chair recognizes the gentleman from Forty-sixth District–Timothy J. Solobay Allegheny, Senator Costa. Forty-seventh District–Elder A. Vogel, Jr. Senator COSTA. Mr. President, we have a number of guests Forty-eight District–Mike Folmer we would like to recognize here today. First, I would like to start Forty-ninth District–Sean Wiley with Allegheny County Executive Rich Fitzgerald who has Fiftieth District–Robert D. Robbins joined us, as well as Court of Common Pleas Judge Paul E. Cozza, and also Secretary/Treasurer of AFL-CIO Frank Snyder. The PRESIDENT. Forty-five Senators having answered to Thank You, Mr. President. their names, a quorum is present. The PRESIDENT. Would the guests of Senator Costa please rise so that the Senate may give you its usual warm welcome. STATEMENT BY THE PRESIDENT (Applause.) The PRESIDENT. Before taking up the next order of business QUORUM PRESENT dealing with the election of the President pro tempore and sev- eral Officers of the Senate, the Chair would like to continue the The PRESIDENT. The Clerk will now call the roll to deter- practice started a few Sessions ago, that if there is only one can- mine if a quorum is present. Will the Senators please answer didate for each of the several offices, the Chair will dispense "present" when your name is called. with the calling of the roll and ask for a voice vote for the nomi- The Clerk called the roll, and the following Senators were nations. Is there any objection? Seeing none, we will proceed. present: ELECTION OF PRESIDENT PRO TEMPORE First District–Lawrence M. Farnese, Jr. Second District–Christine M. Tartaglione The PRESIDENT. The next order of business before the Sen- Third District–Shirley M. Kitchen ate will be the election of the President pro tempore of the Senate Fourth District–LeAnna M. Washington for the 2013 Session. This is in accordance with Article II, Sec- Fifth District–Michael J. Stack III tion 9, of the Constitution of Pennsylvania. Seventh District–Vincent J. Hughes The Chair now opens the floor for nominations and recog- Eighth District–Anthony H. Williams nizes the gentleman from Delaware, Senator Pileggi. Ninth District–Dominic F. Pileggi Senator PILEGGI. Mr. President, as we gather here on the Eleventh District–Judy Schwank first day of the new Session and the first day of a new year, we Twelfth District–Stewart J. Greenleaf are filled with optimism. As President Ronald Reagan once said, Thirteenth District–Lloyd K. Smucker "[the future] can be as grand and as great as we make it. No crisis Fourteenth District–John T. Yudichak is beyond the capacity of our people to solve; no challenge too Fifteenth District–Robert F. Teplitz great." Members of the Senate will make many important deci- Sixteenth District–Patrick M. Browne sions in the coming months, but our first decision is to choose a Seventeenth District–Daylin Leach Senator who will serve as President pro tempore. Unlike the Nineteenth District–Andrew E. Dinniman office of Floor Leader or Whip or other Leadership posts, which Twentieth District–Lisa Baker are elected by each Caucus, the person who fills the office of Twenty-first District–Scott E. Hutchinson President pro tempore, as established in Article II, Section 9, of Twenty-second District–John P. Blake our Constitution, is elected by the entire Senate, Republicans and Twenty-third District–Gene Yaw Democrats. The individual serving as President pro tempore is Twenty-fourth District– required to perform the duties of the Lieutenant Governor in the Twenty-fifth District–Joseph B. Scarnati III case of absence or disability, or whenever that office is vacant. Twenty-seventh District–John R. Gordner The President pro tempore also has many responsibilities as set Twenty-eighth District–Michael L. Waugh out in our Senate Rules which we will soon consider. This is not Twenty-ninth District–David G. Argall a vote to be taken lightly. We are deciding who will fill a consti- Thirtieth District–John H. Eichelberger, Jr. tutional office, the highest institutional position in the Senate of Pennsylvania, a body that first met more than 222 years ago in 2013 LEGISLATIVE JOURNAL — SENATE 5

December of 1790. The office of President pro tempore was sylvania to achieve greatness. The Pennsylvania Senate is very established in the State Constitution in 1874. fortunate to be represented by Members with a wide range of Mr. President, it is my honor to nominate Senator Joseph B. experience and expertise. Scarnati III of Jefferson County to serve as President pro tem- Mr. President, the principles that have built Pennsylvania - pore of the Senate of Pennsylvania for the 2013-14 legislative honesty, hard work, determination, fairness - are basic tenets that Session. Joe has demonstrated time after time over the past Senator has employed to manage the affairs of the 6 years the kind of commonsense leadership that Pennsylvania Senate very effectively. We have made great strides and made voters respect and appreciate. That approach will be needed as significant changes. We have enacted reforms, we have adopted we work together to forge consensus on important issues such as new rules, found strength, and have been treated fairly and equi- transportation funding, pension reform, and child protection in tably under the leadership of Senator Scarnati. Mr. President, it the coming Session. The Reverend Dr. Martin Luther King, Jr., gives me great pleasure, and it is my distinct honor to second once said, "The ultimate measure of a man is not where he stands Senator Scarnati's nomination as President pro tempore of the in moments of comfort...but where he stands at times of chal- Pennsylvania Senate. lenge and controversy." It does not take a prophet to know that Thank you, Mr. President. we will face many kinds of challenge and controversy in the The PRESIDENT. The Chair recognizes the gentleman from coming legislative Session. Joe's steady hand will guide the Sen- Centre, Senator Corman. ate in those times. Senator CORMAN. Mr. President, in a prior swearing-in cere- Mr. President, for these reasons, it is my privilege to nominate mony when we were doing the nomination for President pro for the fourth time to the office of President pro tempore of the tempore Joe Scarnati, the then-Minority Leader from Senate of Pennsylvania, Senator Joseph B. Scarnati III of Jeffer- Lackawanna County had his granddaughter come out because it son County. was Senator Scarnati's birthday that day and she sang happy Thank you, Mr. President. birthday to him on the floor. It was quite beautiful. Tomorrow is The PRESIDENT. The Chair recognizes the gentleman from the President pro tempore's birthday, and so I thought I would Allegheny, Senator Costa. revive that tradition by leading us all in singing happy birthday Senator COSTA. Mr. President, I rise to second the nomina- to Senator Scarnati. Maybe not. Okay. Her voice was so beauti- tion of my friend and colleague, the distinguished Senator from ful, I would hate to one-up her in that way. Jefferson County, Joe Scarnati, for President pro tempore of the Mr. President, it is my honor to rise today and second the Pennsylvania Senate. As William Penn once said, "A true nomination of Joseph B. Scarnati to serve as President pro tem- friend...advises justly, assists readily, adventures boldly, takes all pore of the State Senate. As we face the challenges ahead, we patiently, defends courageously, and continues a friend un- need leadership, accountability, and most importantly, someone changeably." Since the time of his first election to this presti- who can bring us all together to tackle the tough issues the Com- gious position, Senator Scarnati has fully embodied the nature of monwealth faces. General Colin Powell defined this quality a true friend and colleague as outlined by William Penn. when he said, "Great leaders are almost always great simplifiers, Over the years, he has guided each of us with a steady hand who can cut through argument, debate and doubt, to offer a solu- and firm resolve. Last Session the Senate dealt with some tion everybody can understand." This is what makes Senator weighty issues: two grueling and difficult budget processes, the Scarnati so effective. He has the courage, compassion, and con- Marcellus Shale discussion, sentencing reform, juvenile justice viction, but he also has a sense of purpose and optimism that we reform, and the creation of the Child Abuse Prevention Task need as we face very difficult times here in Pennsylvania. He has Force which has produced a report that will help guide this legis- not forgotten the lessons that he learned from his father, Joseph, lature this Session. We all realize, however, Mr. President, more and mother, Yvonne. The lessons of hard work, neighbors help- needs to be done. We can and we must work together, and I am ing neighbors, civility, and the importance of family. A belief in confident that we will be able to do so under the guidance of limited but accountable government that does not stand in peo- Senator Scarnati. ple's way. Under his leadership, he has maintained an atmo- Senator Scarnati has been a leader who has given Members of sphere of openness, civility, nonpartisanship, and integrity, not the Senate the latitude that allows each of us to reach across the division and acrimony. It has been his greatest accomplishment, aisle in the name of compromise. He has never lost sight of what and one we are all better for. ultimately brought us all to this Chamber, leaving Pennsylvania When people talk about Joe Scarnati, they use words like a better place than which we found it for our children, for our decent, down-to-earth, reasonable, and fair. At the same time, he families, and for generations to come. And even during some of is steadfast on his convictions and views of public service. He the most contentious and polarizing debates, Senator Scarnati has stands up for what he believes in, he will not back down or be never lost his patience and has remained unfailingly courteous swayed by the polls or public opinion. He seeks consensus, but and respectful. He has fought and sought to restore public trust understands that sometimes you have to do what is right even if and strengthen bonds with those with whom he serves using it is not easy. This is the kind of leadership that will help us good government and sound policy as his guide. through these very difficult times. I know Joe has a great deal of As we start a new Session today, we face many challenges, respect for Ronald Reagan, who has shaped his views of public and there is no question that a rocky road is ahead. From educa- service, so let me close by quoting Ronald Reagan by saying, tion funding, to transportation, jobs, privatization, child protec- "There are no easy answers, but there are simple answers. We tion, pension reform, repairing our social safety net, the Mem- must have the courage to do what we know is morally right." We bers of this body face difficult tasks ahead. While daunting on its are fortunate in this Chamber to have someone who recognizes face, meeting these challenges provides opportunities for Penn- the fact and has the vision and resolve to do what is right for the 6 LEGISLATIVE JOURNAL — SENATE JANUARY 1, people that we represent. It is my honor, Mr. President, to second to be with us here today. Senator Pileggi, your kind words, Sena- the nomination of Joe Scarnati as President pro tempore of the tor Costa, Senator Corman, I appreciate not only the kind words, State Senate. but also the friendship and your willingness to work with me on Thank you, Mr. President. so many difficult issues. It never goes unnoticed, and it is cer- tainly greatly appreciated. NOMINATIONS CLOSED I want to thank all the Members of the Senate for their support and their trust in me. I look forward to continuing in my capacity The PRESIDENT. Are there any other nominations or sec- as President pro tempore for the next term. I want to take a mo- onds? Seeing none, the Chair will now declare the nominations ment to recognize my predecessor who is here, the former Presi- for President pro tempore closed. dent pro tempore and Lieutenant Governor, Bob Jubelirer. The candidate for the office of President pro tempore of the (Applause.) Pennsylvania State Senate is the Honorable Joseph B. Scarnati Now, I am not sure the Framers of the Constitution fully real- III of Jefferson County. All those in favor of the Honorable Jo- ized that our swearing-in date could and would fall on New seph B. Scarnati III for President pro tempore will signify at this Year's Day. It has come with both advantages and disadvantages, time by saying "aye"; those opposed, "no." obviously. The main advantage today is that what I have to say A voice vote having been taken, the question was determined will probably be viewed by less than two dozen people on PCN. in the affirmative. Which means my remarks will not make any headlines, and The PRESIDENT. The Chair declares Senator Joseph B. therefore I will be short and keep it right to the point. Scarnati III unanimously elected President pro tempore of the It is an exciting day as we welcome to our Senate family four State Senate. new Members. I look forward to getting to know each of you (Applause.) individually, working with you on issues that are important to you, and issues that come before this body. Each of you come COMMITTEE APPOINTED TO ESCORT from different backgrounds, different life experiences, and differ- PRESIDENT PRO TEMPORE-ELECT ent personal goals. And this is what makes our jobs so reward- TO THE ROSTRUM ing, yet very difficult. We have much to do in the coming days, weeks, and months, most we usually agree on, but when we dis- The PRESIDENT. The Chair takes pleasure in appointing the agree, it is always done in a very respectful way in this Chamber. following committee to escort the President pro tempore to the For me, the style in which this Chamber operates and the colle- rostrum for the administration of the oath of office: the gentle- gial spirit of this body is what makes me most proud to serve man from Franklin, Senator Alloway (chairman); the gentle- with each of you. As we move through today's Session, we will woman from Philadelphia, Senator Washington; and the gentle- not forget it is New Year's Day, a day set aside normally for man from Lancaster, Senator Smucker. The committee will pro- football, sauerkraut, resolutions to better ourselves, but this year ceed to the performance of its duties. let us all make one extra New Year's promise. Let us all resolve (Whereupon, the President pro tempore-elect was escorted to to end 2013 a little better than where we found it. the rostrum of the Senate.) Thank you very much for your support, and God bless. (Applause.) ADMINISTRATION OF OATH OF OFFICE TO PRESIDENT PRO TEMPORE-ELECT ELECTION OF SECRETARY The PRESIDENT. The oath of office will now be adminis- OF THE SENATE tered to Senator Scarnati by Judge Cohn Jubelirer. The PRESIDENT. The next order of business before the Sen- Please rise. ate is the election of the Secretary of the Senate. Judge COHN JUBELIRER. Senator Scarnati, please place The Chair recognizes the gentlewoman from Luzerne, Senator your left hand on your Bible and raise your right hand and repeat Baker. after me. Senator BAKER. Mr. President, I am honored to nominate I, Joseph B. Scarnati III, do solemnly swear that I will sup- Megan Totino Consedine to the position of Secretary of the Sen- port, obey and defend the Constitution of the United States and ate. Just 7 months ago, Megan achieved the distinction of being the Constitution of this Commonwealth and that I will discharge the first woman to hold this esteemed post. She also took on the the duties of my office with fidelity. challenge of replacing Mark Corrigan, who served for more than Congratulations. three decades as a capable and knowledgeable leader and admin- (Applause.) istrator. In seamlessly picking up where Mark left off, Megan has (The Senate was at ease.) earned the support and the respect of the Senate. Since Megan's REMARKS BY THE PRESIDENT PRO TEMPORE appointment in May, she has applied her unique blend of leader- ship and organizational skills to her long list of responsibilities. The PRESIDENT. The Senate will come to order. Members Her calm demeanor and exceptional intelligence has served her and guests, please take their seats. It is now an honor and a privi- well and will no doubt continue to do so. lege to present your President pro tempore and my friend, the I had the privilege of working with Megan during the Ridge Honorable Joseph B. Scarnati III of Jefferson County. administration, and she immediately and continuously impressed The PRESIDENT pro tempore. Thank you, Governor. Thank me with her breadth of knowledge, her uncompromising work you, Judge Cohn Jubelirer and Judge Donohue, for taking time ethic, and her sterling principles. Megan is an honors graduate of 2013 LEGISLATIVE JOURNAL — SENATE 7 the University of Delaware and Widener School of Law, where A voice vote having been taken, the question was determined she also taught as an adjunct professor. She served as deputy in the affirmative. general counsel in the Governor's Office, an assistant counsel to The PRESIDENT. The Chair declares Megan Totino the U.S. Navy, and her impressive resume is filled with numer- Consedine unanimously elected as the Secretary of the Senate. ous awards and achievements. (Applause.) While the public often does not see the Secretary of the Sen- ate in action, what the Secretary does behind the scenes is indis- ELECTION OF CHIEF CLERK pensable to the smooth functioning of the Senate. The role of OF THE SENATE Parliamentarian is extremely important, for it is by following the The PRESIDENT. The next order of business before the Sen- rules that we produce responsible results. Knowing her history ate is the election of the Chief Clerk of the Senate. of achieving positive results, her love for history, traditions, and The Chair recognizes the gentleman from Lancaster, Senator promise of this Chamber, it is indeed my personal privilege to Brubaker. nominate Megan Totino Consedine to continue to serve as the Senator BRUBAKER. Mr. President, I am deeply honored to Secretary of the Senate. move that W. Russell Faber be placed in nomination for the im- Thank you, Mr. President. portant office of Chief Clerk of the Senate. Mr. Faber has proven The PRESIDENT. The Chair recognizes the gentleman from capabilities in this very critical role on a daily basis. Without Philadelphia, Senator Williams. exception, Mr. Faber is known to be thoughtful, intelligent, fair, Senator WILLIAMS. Mr. President, I too rise in somewhat respectful, and completely thorough in his professional responsi- awe of what this young woman has accomplished in a short pe- bilities. It is with these comments, Mr. President, that I am hon- riod of time. But before I turn my attention to her with my com- ored to place Mr. Faber's name into nomination. ments, I understand that Mark Corrigan is with us someplace I The PRESIDENT. The Chair recognizes the gentleman from guess in the balcony. I think it is only appropriate for his Allegheny, Senator Fontana. 31 years of service to this Senate and very effective, extraordi- Senator FONTANA. Mr. President, I am honored to second nary, sometimes contentious time, if he would rise so we can the nomination of W. Russell Faber for Chief Clerk of the Sen- give him a round of applause. ate. Russ has held this important position in the Senate dating (Applause.) back to 1981. An accountant by training, Russ has To the person of the moment: for those who do not know and professionalized our Chamber's recordkeeping and provided a are here for the first time, the Secretary has the responsibility to wealth of information to Members and staff. Over the years, he supervise the Pages, security, the print shop, the bill room, but has gained unparalleled experience and knowledge about all more significantly, for those on the floor, that person represents facets of the Senate and all of State government. Russ has served the Parliamentarian for the Senate. While many of us take great Members on both sides of the aisle with impartiality and has pride in what we do on this floor, it is this person, for those who worked to protect the integrity of this Chamber. Time and time do not know it, when it comes to a point of contention regarding again, he has acted with the institution's best interests at heart the rules, constitutional considerations, and a variety of other and sought to address issues quickly, efficiently, and effectively. areas, this individual has to make a ruling on behalf of the law During Russ's tenure, the position of Chief Clerk has become and the Constitution of the Commonwealth of Pennsylvania, and far more difficult and challenging, ranging from efforts to cut interpret for those of us who are frankly politicians at that mo- costs to filling Right-to-Know requests, and Russ's experience ment. Her effectiveness to get through a short period of time has been invaluable. I am confident Russ Faber will continue to without, unfortunately or fortunately, rankling many of us is serve this Chamber with integrity, dignity, and honesty, and I am frankly very exceptional and very noted by many of us. privileged to second his nomination for another term as Chief I will leave you with this. I hope that you will remember that Clerk of the Senate of Pennsylvania. all of us are your friends and when some of us from this side of Thank you, Mr. President. the aisle beg you, do not look to that guy or that guy, just look to the fairness of the argument in the moment. I hope that you will NOMINATIONS CLOSED prosper as Mark has. I hope that your extraordinary gifts are continued to be shared with all of us. I hope that your legacy as The PRESIDENT. Are there any other nominations or sec- the first woman will be not only felt and represented but also onds? Any other nominations or seconds? Third and final call. understood in the context of history which you greatly appreci- Seeing none, the Chair will now declare the nominations for ate. And with that, I happily second your nomination. Chief Clerk of the Senate to be closed. NOMINATIONS CLOSED The candidate for the office of Chief Clerk of the Senate is W. Russell Faber of Dauphin County. All those in favor of W. Rus- The PRESIDENT. Are there any other nominations or sec- sell Faber for the office of Chief Clerk of the Senate will please onds? Any other nominations or seconds? Third and final call. say "aye"; those opposed, "no." Seeing none, the Chair now declares the nominations for Secre- A voice vote having been taken, the question was determined tary of the Senate closed. in the affirmative. The candidate for office of the Secretary of the Senate is The Chair declares W. Russell Faber unanimously elected Megan Totino Consedine of Cumberland County. All those in Chief Clerk of the Senate. favor of Megan Totino Consedine will please say "aye"; those (Applause.) opposed, "no." 8 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

OATH OF OFFICE ADMINISTERED "Newsletter." A printed document more than one page in length that addresses more than one subject and is printed in quantities of TO THE SECRETARY-ELECT AND 25,000 copies or more. THE CHIEF CLERK-ELECT "Official mailing lists." Any list containing individuals, companies or vendors, including names, addresses, telephone numbers or e-mail The PRESIDENT. The Secretary-elect and the Chief addresses that are procured, compiled, maintained or produced with Clerk-elect will approach the bar of the Senate in order that the Senate funds. oath of office may be administered. "Own time." A Senate employee's time that is distinct from Senate work time and includes all leave. Once again, I will call on Judge Cohn Jubelirer to administer "Senate employee." A person employed by the Senate, including the oath of office to our newly elected officers. the Chief Clerk and the Secretary of the Senate. Please rise. "Senate employee in a supervisory position." A Senate employee Judge COHN JUBELIRER. Place your left hand on your Bi- who has a general supervisory role within: a caucus; an individual Sena- tor's office; or a Senate services office. ble, raise your right hand, and repeat after me: "Senate office." All Senate offices and Senate conference or meet- I, (Megan Totino Consedine and W. Russell Faber), do sol- ing rooms located in the Capitol complex or any similar space contained emnly swear that I will support, obey and defend the Constitution within a district office. of the United States and the Constitution of this Commonwealth "Senate resources." Senate-owned or Senate-leased equipment including telephones, computer hardware or software, copiers, scanners, and that I will discharge the duties of my office with fidelity. fax machines, file cabinets or other office furniture, cell phones, per- Congratulations. sonal digital assistants or similar electronic devices and office supplies. (Applause.) "Senate work time." Publicly paid work time consisting in the aggregate of 75 hours every two weeks for full-time employees and a SPECIAL ORDER OF BUSINESS lesser amount of publicly paid hours every two weeks for part-time employees. SENATE RESOLUTIONS ADOPTED "Senator." A person elected to serve in the Pennsylvania Senate from each of the fifty Senatorial districts. Senators PILEGGI and COSTA, by unanimous consent, of- Rule 2. Practice. fered Senate Resolution No. 1, which was read, considered and (a) Work time.--No campaign activity may be conducted by a adopted by voice vote: Senate employee on Senate work time. The following shall apply: (1) Senate employees are permitted to engage in campaign activities on their own time, as volunteers or for pay. A Resolution adopting Ethical Conduct Rules of the Senate. (2) Senate employees may work irregular hours often depend- ing upon the time the Senate is in session. As a result, a staffer's own RESOLVED, That Ethical Conduct Rules of the Senate be adopted time can occur during what may be considered "normal" business hours. for the governing of the 197th and 198th Regular Session until (3) Sick leave, family and medical leave, work-related disabil- amended, repealed or otherwise altered or changed. ity leave, parental leave, short-term disability leave, civil leave or mili- tary leave cannot be requested by a Senate employee to perform cam- (2013-2014) paign activities. ETHICAL CONDUCT RULES OF THE SENATE (4) No Senate employee may be allowed any amount of Sen- ate work time for time spent doing campaign activities. Rule 1. Preliminary provisions. (5) Senate employees, with the permission of their employing As used in these rules, the following words and phrases shall have Senator, may reduce their Senate hours with a commensurate reduction the meanings given to them in this rule unless the context clearly indi- in pay (and benefits, as required) to perform campaign activities. These cates otherwise: arrangements must be memorialized in writing and filed with the Chief "Campaign activity." An activity on behalf of a political party, Clerk. candidate, political committee or campaign, which is intended to ad- (6) Any Senate employee who has reduced his or her Senate vance the interests of a specific party, candidate, political committee or hours to perform campaign activities shall keep a daily written log out- campaign for elective office, including any of the following: lining Senate hours and related work responsibilities. (1) Organizing a campaign meeting, campaign rally or other (b) Office and resources.--No campaign activity may be conducted campaign event, including a fund-raiser where campaign contributions by a Senator or a Senate employee in a Senate office or with Senate are solicited or received. resources. (2) Preparing or completing responses to candidate question- (1) De minimis campaign activities may be unavoidable for a naires that are intended solely for campaign use. Senator or Senate employee in the course of their official duties. Exam- (3) Preparing a campaign finance report. ples include the following: (4) Conducting background research on a candidate. (i) In responding to inquiries from the public, a Senator (5) Preparing or conducting a campaign poll. or a Senate employee may need to address questions that relate to a (6) Preparing, circulating or filing a candidate nominating Senator's or other person's campaign for elective office or a related petition or papers. legislative record. (7) Participating in, preparing, reviewing or filing a legal (ii) Scheduling assistance and information from the Sena- challenge to a nominating petition. tor or a Senate employee may be requested by campaign staff to ensure (8) Preparing, distributing or mailing any campaign literature, that no conflict occurs among the Senator's campaign schedule, official campaign signs or other campaign material, including television and schedule and personal schedule. radio ads, website construction, e-mails, facsimiles and robocalls, on (iii) Engaging in political conversation in the natural behalf of any candidate for elective office. course of personal communication. (9) Managing a campaign for elective office. (2) Unsolicited campaign-related communication on a person- (10) Participating in, preparing, reviewing or filing any docu- ally owned cell phone, personal digital assistant or similar electronic ments in any recount, challenge or contest of any election. device may occur on a de minimis basis in a Senate office but may not (11) Posting campaign-related information on a website, in- interfere with Senate work time. cluding social media websites such as Facebook and Twitter. (3) A Senator's official State website shall not contain a link "Campaign contribution." A monetary or in-kind contribution to his or her campaign website. A Senator's principal campaign website made to an electoral candidate campaign. shall not contain a link to his or her official State website. A Senate "De minimis." An economic consequence which has an insignifi- employee who is on Senate work time and using Senate resources may cant effect. post legislative materials, media advisories, news releases and an- 2013 LEGISLATIVE JOURNAL — SENATE 9 nouncements on social media websites such as Facebook and Twitter lated to that person's official duties on his or her own time may not do even if campaign-related information also exists on such a website. A so in consideration of receiving any additional State Senate compensa- Senate employee who is on his or her own time and using personal tion or employee benefit in the form of a salary adjustment, bonus, resources may post material involving or referring to campaign activity compensatory time off, continued employment or any other public on a social media website. benefit. (c) Contributions.--The solicitation or receipt of campaign contri- (3) An employee who refuses to perform a task unrelated to butions on Senate work time or with Senate resources is prohibited. that person's official duties cannot be sanctioned for that refusal. (1) Solicitation or receipt of campaign contributions in a Sen- Rule 3. Enforcement. ate office or with Senate resources is prohibited at any and all times. (a) Standardized process.--There shall be a standardized process (2) If an unsolicited contribution is sent to a Senate office for reporting any alleged violation of these rules. through the mail or in an unidentifiable form, the employee who re- (1) A Senator or an employee who becomes aware of a viola- ceives it shall turn it over to the campaign and notify the donor that tion of these rules should report the violation to any of the following: campaign contributions should not be received at a Senate office within (i) A Senator. no more than seven days. (ii) The President Pro Tempore, or an appropriate (3) No Senate employee may serve as an officer on a cam- designee. paign committee or a campaign finance committee on behalf of any (iii) The Majority Leader of the Senate, or an appropriate Senator, Senate candidate or Senate caucus. designee. (4) A Senate employee may help plan and may provide assis- (iv) The Minority Leader of the Senate, or an appropriate tance at a campaign event on his or her own time. designee. (d) Employees.--No Senate employee may be required to perform (v) The employee's supervisor. any campaign activity or make any campaign contribution. (vi) The Secretary of the Senate. (1) No Senator, no Senate employee acting on the Senator's (2) A verbal report by an employee is acceptable but must be behalf and no Senate employee in a supervisory position may require a followed up with a written statement that includes the date, time and Senate employee to perform any campaign activity on Senate work time place, names of possible witnesses and the nature of the ethical conduct or on the employee's own time as a condition of employment. violation. The written statement must be signed by the employee. (2) No Senator, no Senate employee acting on the Senator's (3) Upon receipt of the written statement pursuant to para- behalf and no Senate employee in a supervisory position may require graph (2), the person to whom the violation is reported as provided in any Senate employee to make a campaign contribution as a condition paragraph (1) shall forward a copy of the written statement within five of employment. business days to the Secretary of the Senate or the Chief Clerk if the (3) A Senate employee who agrees or offers to participate in alleged violation involves the Secretary of the Senate or a person in the any campaign activity on his or her own time or who makes a campaign Secretary of the Senate's Office. contribution may not do so in consideration of receiving any additional (4) A report of a possible violation of these rules must be filed Senate compensation or employee benefit in the form of a salary adjust- within one year of the alleged conduct. ment, bonus, compensatory time off, continued employment or any (b) Inquiry.--An inquiry and review of all properly submitted re- other similar benefit. ports regarding an alleged violation of these rules shall be conducted. (4) A Senate employee who declines to participate in a cam- (1) The Secretary of the Senate shall conduct a preliminary paign activity or to make a campaign contribution shall not be sanc- inquiry of any written statement forwarded under subsection (a)(3). The tioned for that refusal. subject of the report shall be notified within five business days by the (e) Newsletters.--No Senate-funded newsletter may be printed or Secretary of the Senate that a written statement has been forwarded to distributed within 60 days of the primary or general election for any the Secretary's office under subsection (a)(3). The Secretary of the Sen- Senate member running for the office of Senate or any other elective ate shall also notify the President Pro Tempore, the Majority Leader and office. the Minority Leader within five business days that a written statement (1) This subsection shall apply to newsletters printed by the has been forwarded to the Secretary's office under subsection (a)(3). Senate or by an outside vendor paid for with public funds. The Secretary of the Senate shall have 14 business days from the date (2) The Chief Clerk of the Senate may not authorize the reim- of those notifications to complete a preliminary inquiry and determine bursement or payment of any moneys expended for print, distribution whether there is more than a de minimis violation of these rules and or postage incurred after the 60-day deadline. whether there is a satisfactory basis for the initiation of a formal investi- (3) Senators running for the office of the Senate or any other gation and shall report that recommendation to the President Pro Tem- elective office shall submit to the Secretary of the Senate a final proof pore, the Majority Leader and the Minority Leader. If the Secretary of copy of any newsletters no less than 90 days prior to a primary or gen- the Senate or a person in the Secretary of the Senate's office is the sub- eral election. ject of an alleged violation, the responsibilities under this subsection (f) Official Senate mailing lists.--Official Senate mailing lists shall shall be performed by the Chief Clerk of the Senate. be used solely for legislative purposes. (2) After receiving a recommendation from the Secretary of (1) Official Senate mailing lists shall not be provided to any the Senate under paragraph (1) that a formal investigation is warranted, candidate, political party, political committee, campaign or campaign if the subject is a Senator, the President Pro Tempore, the Majority committee or used for any campaign purpose. Leader and the Minority Leader shall proceed to refer the report to the (2) Senate computers shall not be used to create, store or Senate Committee on Ethics for an investigation by that committee in maintain any mailing list that identifies the listed individuals as cam- accordance with Rule 34 of the Rules of the Senate of Pennsylvania. paign volunteers or contributors to any candidate, political party, politi- The provisions of Rule 34 of the Rules of the Senate of Pennsylvania cal committee, campaign or campaign committee. shall exclusively govern and apply in their entirety to any further pro- (3) No list may be developed by a Senator or a Senate em- ceeding involving a Senator under this rule. ployee for the purpose of monitoring or tracking campaign activity or (3) After receiving a recommendation from the Secretary of campaign contributions of any Senate employee. the Senate under paragraph (1) that a formal investigation is warranted, (4) Mailing lists may be purchased at fair market value from if the subject is a Senate employee, the President Pro Tempore, the a private source with Senate funds if the lists are used solely for legisla- Majority Leader and the Minority Leader shall proceed to obtain the tive purposes. A mailing list that is so acquired may not be used or services of an independent third party to conduct a formal investigation. redirected in the same or a modified form for campaign purposes. Upon completion of the investigation, a report shall be prepared con- (g) Nonwork-related tasks.--No Senate employee may be required taining findings of fact and a conclusion as to whether a violation of to perform any nonwork-related task. these rules has occurred. (1) No Senator, no Senate employee acting on the Senator's (4) After reviewing the findings of fact and the conclusion behalf and no Senate employee in a supervisory position may require a contained in the report prepared pursuant to paragraph (3) regarding a Senate employee to perform tasks unrelated to the Senate employee's Senate employee, the President Pro Tempore, the Majority Leader and official duties as a condition of employment. the Minority Leader shall issue a final determination by unanimous vote (2) An employee who agrees or offers to perform a task unre- regarding all of the following: 10 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

(i) Whether a violation of these rules by a Senate em- statement must be filed if a Senate employee's responsibility includes ployee has occurred. making a recommendation to a Senator as to any of the following: (ii) Whether a sanction regarding that violation by a Sen- (1) Advice regarding how to vote on the Floor or in Commit- ate employee is warranted. tee. (iii) If a sanction is deemed warranted, the type of sanc- (2) The potential consideration of bills, resolutions, amend- tion that should be imposed. ments to bills or resolutions or nominations in Committee. (iv) When and how the sanction should be imposed. (3) The drafting and preparation of legislation or resolutions, (5) During the course of an investigation of a Senate employee and any amendments to bills or resolutions, including advice on deci- by the independent third party designated pursuant to paragraph (3), the sions regarding bill or resolution sponsorships. subject shall have the opportunity to be heard, to present evidence, to (f) Applicability.--The requirement to file a financial interest state- cross-examine witnesses and to be represented by counsel. ment shall apply to executive directors, counsels or any Senate em- (6) Prior to the issuance of a final determination under para- ployee responsible for a Committee and to Senate chiefs of staff. Execu- graph (4), the subject shall have an opportunity to submit a written tive, administrative and legislative assistants may be subject to the filing presentation prepared by either the subject or the subject's counsel. requirements depending on the nature and scope of the individual's (7) All proceedings under this rule shall be confidential unless employment responsibilities. otherwise waived in writing by the subject of the proceeding. (g) Personal point of view.--A Senate employee who does nothing (8) If the President Pro Tempore, the Majority Leader or the more than occasionally share a personal point of view with a Senator is Minority Leader is the subject of a report, is a witness or if for any not required to file a financial interest statement. In most cases, a Senate reason is unavailable, the duties of the member shall be performed by employee with job responsibilities not directly related to the actual the Senate Whip of the respective caucus. lawmaking process, such as correspondence or scheduling, does not (9) Retaliation against any Senate employee who files a writ- need to file a financial interest statement. ten statement in good faith under subsection (a)(3) or who testifies in (h) District office.--A Senate employee assigned to a district office good faith regarding an alleged violation of these rules is prohibited. shall be subject to the same filing requirements as a Harrisburg-based (c) Disciplinary action.--A violation of these rules may subject a Senate employee depending on the nature of that individual's employ- Senate employee to disciplinary action that, depending on the circum- ment responsibilities. stances of the violation, may include any of the following: Rule 5. Training. (1) A warning. To assure compliance with these rules and other laws related to (2) A written reprimand. ethical behavior by Senators and Senate employees, appropriate training (3) A permanent disciplinary action noted in the personnel measures shall be implemented by the Senate. Training shall be pro- record. vided annually for all Senators and Senate employees on various topics, (4) Restitution for damages. which shall include, but are not limited to, all of the following: (5) Suspension of employment. (1) These rules. (6) Termination of employment. (2) The Public Official and Employee Ethics Act, 65 Pa.C.S. (d) Sanction.--A violation of these rules may subject a Senator to Ch. 11 (relating to ethics standards and financial disclosure). sanction by the full Senate and, depending on the circumstances of the (3) 65 Pa.C.S. Ch. 13A (relating to lobbying disclosure). violation, may include any of the following: APPENDIX (1) A warning. TRANSITIONAL PROVISIONS (2) A written reprimand. OLD RULE NEW RULE (3) Restitution for damages. I Rule 1 (4) Any other sanction provided for under the Rules of the 1. Senate of Pennsylvania or the Constitution of Pennsylvania. II Rule 2 Rule 4. Filing of financial interest statement. 1. (a) (a) Compliance.--Compliance with the financial interest statement (a) (1) requirements and all other requirements under the Public Official and Employee Ethics Act, 65 Pa.C.S. Ch. 11 (relating to ethics standards (b) (2) and financial disclosure), shall be mandatory for all Senators and Senate employees who meet the criteria set forth in subsection (d) or (e). (c) (3) (b) Time.--Financial interest statements covering the previous calendar year must be filed by May 1 of each year for every Senator and (d) (4) those Senate employees who make purchasing decisions or other offi- cial decisions or provide input that can influence a purchase or official (e) (5) decision. (c) Location.--Senators must file their financial interest statements (f) (6) with the Secretary of the Senate, the Ethics Commission and any gov- ernmental agency, authority, board or commission on which they serve. 2. (b) Affected Senate employees must file their financial interest statements (a) (1) with the Secretary of the Senate. (d) Required filing for official nonministerial action.--Filing a (1) (i) financial interest statement shall be required for employees who are responsible for taking or recommending official nonministerial action (2) (ii) concerning any of the following: (1) Contracting or procurement. (3) (iii) (2) Administering or monitoring grants or subsidies. (3) Planning or zoning. (b) (2) (4) Inspecting, licensing, regulating or auditing any person. (5) Any other activity where the official or recommended (c) (3) official action has an economic impact of more than a de minimis na- ture on the interests of any person. For most employees on a Senator's 3. (c) staff or in a caucus office, this category would be most applicable, since (a) (1) recommending "official action" to a Senator as part of job responsibili- ties triggers the duty to file a financial interest statement. Official action (b) (2) would relate to a Senator's lawmaking duties especially as that relates to legislation and confirmations. (c) (3) (e) Required filing for recommendations.--A financial interest 2013 LEGISLATIVE JOURNAL — SENATE 11

OLD RULE NEW RULE OLD RULE NEW RULE

(d) (4) (e) (5)

4. (d) (f) (6) (a) (1) (g) (7) (b) (2) (h) (8) (c) (3) (i) (9) (d) (4) 3. (c) 5. (e) (a) (1) (a) (1) (b) (2) (b) (2) (c) (3) (c) (3) (d) (4) 6. (f) (a) (1) (e) (5)

(b) (2) (f) (6)

(c) (3) 4. (d) (a) (1) (d) (4) (b) (2) 7. (g) (a) (1) (c) (3)

(b) (2) (d) (4)

(c) (3) IV Rule 4 1. (a) III Rule 3 (a) (b) 1. (a) (b) (c) (a) (1) (c) (d) (1) (1) (1) (i) (2) (2) (2) (ii) (3) (3) (3) (iii) (4) (4) (4) (iv) (5) (5) (5) (v) (d) (e) (6) (vi) (1) (1)

(b) (2) (2) (2)

(c) (3) (3) (3)

(d) (4) (e) (f) (f) (g) 2. (b) (g) (h) (a) (1) V Rule 5 1. (b) (2) (a) (1) (c) (3) (b) (2) (d) (4) (c) (3) (1) (i) Senators PILEGGI and COSTA, by unanimous consent, of- (2) (ii) fered Senate Resolution No. 2, which was read, considered and (3) (iii) adopted by voice vote:

(4) (iv) 12 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

A Resolution adopting Financial Operating Rules of the Senate. such payment is received in the office of the Chief Clerk before the applicable processing deadline. Contractor performance shall be re- RESOLVED, That Financial Operating Rules of the Senate be viewed by the monitoring individual designated pursuant to paragraph adopted for the governing of the 197th and 198th Regular Session. (1)(ii), who under conditions of satisfactory performance and confor- mity to the contract shall approve the voucher prior to processing. (2013-2014) (d) Authorized accounts.--Salaries, wages and related benefits shall FINANCIAL OPERATING RULES OF THE SENATE be paid from accounts so authorized by the General Appropriation Act. All accounts may pay expenses related to contracts for services. Rule 1. Personnel. Rule 2. Travel allowances and reimbursements. (a) Central office.--The office of the Chief Clerk of the Senate (a) Travel by Senators.--Travel allowances or reimbursements may shall serve as the central office of the Senate for all personnel and pay- be paid to a Senator who is engaged in travel in the performance of roll matters. legislative duties. Travel payments may be claimed in connection with (b) Employees of the Senate.-- the following: (1) Personnel files.--Before any individual is placed on any (1) Mileage between home district and Harrisburg for atten- payroll of the Senate, there must be in the office of the Chief Clerk a dance at a session of the Senate. payroll file containing: (2) Round trip travel between home district and Harrisburg for (i) Full name of employee. other legislative activities. (ii) Full address. (3) All travel on intradistrict and interdistrict legislative busi- (iii) Date of employment/termination/or job transfer. ness. (iv) Actual functional job title or description to include (4) All travel to attend committee meetings, hearings, confer- general hours of work, general job responsibilities and job location. ences and seminars. (v) The name of the Senator or Officer responsible for (b) Employee travel.--Travel reimbursement may be paid to em- monitoring the employee's performance. ployees engaged in travel from their work place to the place of legisla- (vi) Letter of appointment signed by the authorizing Sena- tive business provided that the travel is necessary for the performance tor or Officer including a delineation of the account from which the of official business. Except as provided in subsection (c), Senators and employee is to be paid. employees are not authorized to lease vehicles on a long-term basis, and (vii) The current compensation level with signature ap- no payments will be made with respect to long-term lease vehicle ex- proval of the authorizing Senator or Officer. Overtime payments may penses incurred by Senators or employees. When away from the Harris- be authorized only in emergency maintenance and security situations burg area and from their workplace, employees may, subject to approval with the signature approvals of the Senator or Officer responsible for of the supervising Senator or officer, rent cars on a short-term basis for monitoring performance, the authorizing Senator or Officer and the a period not in excess of that needed to carry out official business. President Pro Tempore. (c) Rental of vehicle or conveyance.-- (viii) All information necessary for tax withholding and (1) Short-term rental of vehicle or conveyance.--A Senator benefit eligibility. whose long-term leased vehicle is unavailable may be reimbursed the (ix) Employment Eligibility Verification Form. actual legislative percentage expenses for a short-term rental. A Senator (2) Maintenance.--It is the responsibility of the Chief Clerk to or employee who rents a vehicle or conveyance on a short-term basis, develop procedures necessary to maintain this payroll file information other than a Senator's temporary replacement of a long-term leased on a current basis. All payroll changes shall be reflected by the next vehicle, may be reimbursed only on an actual cost basis for the legisla- appropriate payroll period providing said change is received in the tive percentage of rental payments and expenses of operation. office of the Chief Clerk prior to processing of the payroll. (2) Vehicle rental by Chief Clerk.--The Chief Clerk is autho- (3) Reclassification of employees.--Any reclassification of rized to lease such vehicles as deemed necessary by the Senate Commit- employees under the Senate of Pennsylvania Pay Management Plan tee on Management Operations for the operation of the Senate. The shall be submitted by the Senator or Officer authorizing such reclassifi- actual expenses of the lease and operation shall be paid by the Senate's cation to the Senate Committee on Management Operations for ap- Incidental Expense Account. The Chief Clerk is also authorized to enter proval or disapproval. The Senate Committee on Management Opera- into a master lease agreement with the Department of General Services tions is authorized to establish a bi-partisan subcommittee to consider for the long-term lease of automobiles to be used by Senators. Rules and approve or disapprove all such requests subject to an appeal by the relating to the payment of expenses relating to vehicles leased through Senator or Officer for consideration of the reclassification by the Senate the Department of General Services to be used by Senators shall be Committee on Management Operations. promulgated by the Senate Committee on Management Operations. (c) Contract for services.-- (d) Allowable transportation expenses.-- (1) Files for service contracts.--For any person retained on a (1) Common or chartered carrier.--A Senator or employee contractual basis by any Officer or Senator to provide services, there may be reimbursed for reasonable actual costs of carriage when travel- shall be in the office of the Chief Clerk a file containing: ing by common or chartered carrier, including expenses for parking, (i) A copy of the contract signed by the authorizing Sena- taxis, limousines and tolls. Claims for payment based on miles traveled tor or Officer including: cannot be paid. (A) Full name, address and Federal tax identification (2) Personal vehicle or conveyance.--A Senator or employee number of the contractor. who uses a personal vehicle may be reimbursed on such mileage basis (B) Duration of the contract. as may be established by the Senate Committee on Management Opera- (C) Cost of the contract and terms of payment. tions. Reimbursement for use of other noncommercial vehicles or non- (D) Clear, detailed description of the type of service commercial aircraft shall be made on such basis as may be established to be performed or product to be delivered. by the Senate Committee on Management Operations. (ii) The name of the Senator or Officer responsible for (3) Out-of-State travel.-- monitoring the contractor's performance. (i) Nonmember Officers of the Senate and their employ- (iii) Additional information as required by policies of the ees may claim expenses for travel outside the Commonwealth, provided Senate Committee on Management Operations. that such travel is approved in the manner described in Rule 11. All (2) Limitation on contracts.--Except as authorized by policies claims for Senators' and employees' travel outside the Commonwealth of the Senate Committee on Management Operations, no contract may shall be filed with the Office of the Chief Clerk in the manner described extend beyond the expiration of the term of office of the Senator. in Rule 11. (3) Contract review.--All contracts for services shall be sub- (ii) Senators may claim ordinary and necessary expenses mitted to the Chief Clerk for review and approval regarding conformity for travel outside the Commonwealth provided that the travel is neces- with applicable laws, rules and policies adopted by the Senate Commit- sary to attend a conference, seminar or meeting regularly or specially tee on Management Operations. scheduled by an organization which conference, seminar or meeting has (4) Payment.--Payments under contract shall be made in ac- a legislative purpose. Senators shall submit a copy of a registration and cordance with provisions of the contract provided that a voucher for agenda, in addition to any other documentation required by these rules. 2013 LEGISLATIVE JOURNAL — SENATE 13

(iii) Senators may also claim ordinary and necessary lodging, meals and other incidental expenses incurred in the perfor- expenses for travel outside the Commonwealth when the travel has a mance of legislative duties outside of the Commonwealth may be reim- legislative purpose, but is not for attending a conference, seminar or bursed on an actual expense basis or through a per diem allowance. meeting, provided the purpose is approved by the Senate Committee on (d) Employees' travel.--If an employee is engaged in travel away Management Operations, and provided further that approval is not re- from the normally assigned place of work necessary for the perfor- quired for legislative business in Washington, DC. mance of official business, the employee may be reimbursed for ordi- (4) No duplication.--If a Senator or employee is entitled to nary and necessary actual expenses for lodging, meals and other inci- reimbursement from more than one source for legislative business per- dental items. For rules regarding out-of-State travel, see Rule 11. formed on behalf of more than one committee or group, payment shall (e) Payment From one source.--If a Senator is entitled to a meal be received from only one source. and lodging claim from more than one source for legislative business (e) Documentation.-- performed on behalf of more than one committee or group, payments (1) Expense voucher.--All requests for travel payments must shall be received from only one source. be made on an expense voucher showing: (f) Review.--All authorized and approved meals and lodging (i) Dates of travel. claims shall be reviewed for inadvertent duplication by the Office of the (ii) Legislative purpose of travel described in reasonable Chief Clerk prior to processing and payment. specificity. Claims for out-of-State travel shall also include such infor- (g) Record keeping.--Where a per diem allowance or reimburse- mation as may be required under subsection (d)(3). ment is paid by a legislative service agency cofunded between both (iii) The number of miles traveled when claiming reim- Houses of the General Assembly, a copy of the approved claim shall be bursement on a mileage basis. Such mileage claims also should reflect furnished to the Office of the Chief Clerk. an itinerary including point of origin, furthest destination, and interme- (h) Documentation.-- diate points and the legislative purpose of the trips. (1) Per diem allowance.--For payment of a per diem allow- (2) Receipts.--Receipts must be submitted to support the cost ance, a Senator must submit a voucher showing the date, the legislative associated with claims for: activity in which the Senator was engaged on that date, the location of (i) Travel by common or chartered carrier. the activity and an affirmative statement that the Senator incurred over- (ii) Leased vehicle or conveyance operation. Receipts for night lodging expense. gasoline and maintenance shall include the license number of the vehi- (2) Actual expenses of a Senator or an employee.--For pay- cle and the location of the purchase. In addition, a copy of such lease ment of actual expenses, a Senator or employee must submit a voucher must be on file with the Office of the Chief Clerk. showing the date, amount, place and the legislative activity in which the (iii) Parking, limousine, toll charges and other miscella- Senator or employee was engaged and must submit a vendor or credit neous incidental items when any of these items exceed $10. card receipt or invoice for each item exceeding $10. Tips for meals may (f) Authorized accounts.--Travel payments can be made from any not exceed 20% of the value of the meal. of the following accounts. Long-term vehicle or conveyance rental (i) Authorized accounts.-- payments may be made from all accounts except paragraph (5). Autho- (1) Payments shall be made from the Incidental Expense Ac- rized accounts are: count for authorized Per Diem Allowances only for sessions of the (1) Appropriations Committee Accounts. Senate during which a Senator is recorded as present on any roll call (2) Senators' Legislative Accountable Expense Accounts. vote. (3) Incidental Expense Account. (2) Payment may be made from the following accounts for (4) Caucus Operations Accounts. other authorized per diem, meal and lodging claims: (5) Committee and Contingent Expenses Accounts. (i) Appropriations Committee Accounts. (6) Computer Services Accounts. (ii) Senators' Legislative Accountable Expense Accounts. Rule 3. Meals and lodging. (iii) Incidental Expense Account. (a) General.--A Senator may receive payments attributable to ordi- (iv) Caucus Operations Accounts. nary and necessary expenses for meals, lodging and incidental items (v) Committee and Contingent Expenses Accounts. provided that the Senator is engaged in the performance of legislative (vi) Computer Services Accounts for actual expenses duties. Depending on the nature and location of the activity, as ex- only. plained below, payments may be made in one of the following forms: Rule 4. Equipment and furnishing control and inventory. per diem allowance or reimbursement for actual costs incurred. (a) Purchases, improvements and renovations.--The Office of the (b) Per diem allowance.-- Chief Clerk shall act as the sole agent for improvements or renovations (1) A per diem allowance is an allowance for meals and lodg- to Senate facilities at the Capitol Complex and for the purchase, rental, ing expenses incurred in the course of a Senator's duties. It is paid in control and inventory of durable equipment, furniture and furnishings lieu of reimbursement for actual expenses. A Senator is entitled to re- with a useful life of one year or more and a cost greater than the limit ceive a full or partial per diem allowance for each day the Senator is in established by the Senate Committee on Management Operations for the performance of legislative duties while in the Harrisburg area (de- utilization in both the Capitol and District Offices. Nonrecoverable fined as within Dauphin County or otherwise within a 10-mile radius of items including, but not limited to, carpeting, draperies and air condi- the Capitol) or elsewhere in the Commonwealth but away from home. tioners for use in and improvements or renovations to district office Specific legislative duties include attendance at sessions of the Senate, facilities shall be purchased pursuant to standards developed by the attendance at official committee meetings and participation in all other Senate Committee on Management Operations. The Chief Clerk shall activities necessary or appropriate to the carrying out of the responsibil- serve as the sole agent for the purchase of United States and Pennsylva- ities of the Senator. Payment of a per diem allowance is authorized only nia flags. when the legislative duties performed by the Senator occur more than (b) Approval of purchase or rental.--All requests for the purchase 50 miles from the Senator's residence. or rental of such equipment, furniture and furnishings must be reviewed (2) Types of per diem allowance.-- and approved by the Chief Clerk. (i) A full per diem allowance not to exceed such amount (c) Senate/officer inventory.--All approved requests shall be pro- as may be established by the Senate Committee on Management Opera- cessed by the Office of the Chief Clerk, which shall maintain a full and tions may be claimed as an allowance for meals and lodging and is in current inventory of all durable equipment, furniture and furnishings lieu of reimbursement for actual expenses. secured on behalf of a Senator, Officer or employee of the Senate. (ii) When the per diem entitlement derives from the per- (d) Pricing and service.--The Chief Clerk shall take all necessary formance in the Harrisburg area of the specified legislative duties set and reasonable steps to ensure that the purchase or rental of durable forth in paragraph (1), a Senator may receive a partial per diem allow- equipment, furniture and furnishings with a useful life of one year or ance in accordance with policy established by the Senate Committee on more and a cost greater than the limit established by the Senate Com- Management Operations for meals and incidentals. mittee on Management Operations shall be transacted at the lowest (c) Actual costs.--A Senator may claim actual costs for lodging, available price for the quality, compatibility, availability and service of meals and other incidental items incurred in the performance of legisla- the items being purchased or leased. tive duties in lieu of a per diem allowance. Expense claims for costs of (e) Dissemination of literature.--The Secretary of the Senate shall 14 LEGISLATIVE JOURNAL — SENATE JANUARY 1, provide for the publication and dissemination of educational or informa- (4) Telephone and answering services. tional literature pertaining to the Senate of Pennsylvania, the Common- (5) Postage and mailing services. wealth of Pennsylvania or the Government of the United States. (6) Publications and subscriptions. (f) Documentation required.--Required documentation shall in- (7) Nondurable supplies. clude: (8) Employee parking. (1) Request for purchase or rental showing: (9) Janitorial maintenance and cleaning services. (i) Date of request. (10) Other items authorized for expenses as defined in the (ii) Item requested. General Appropriations Act and policies of the Senate Committee on (iii) By whom request made. Management Operations. (iv) Purpose. (b) Documentation required.--Documentation required shall in- (v) Signature approvals. clude vouchers appropriately documenting expenses and legislative (vi) Record of subsection (d) actions taken. purpose for each expenditure. Receipts or invoices shall be included for (2) Vendor's invoice or receipt detailing: all expenditures in excess of $25 per occurrence. (i) Date of purchase or rental. (c) Authorized accounts.--Accounts authorized include: (ii) Vendor's identity. (1) Legislative Printing and Expense Account. (iii) Description of item purchased or rented. (2) Postage Account of Chief Clerk (for postage only). (iv) Length of rental contract when applicable. (3) Senators' Legislative Accountable Expense Accounts. (v) Cost and payment terms of the purchase or rental. (4) Appropriations Committee Accounts, exclusive of office (g) Authorized accounts.--Authorized accounts shall include: rental. (1) Legislative and Printing Expense Account as provided in (5) Caucus Operations Accounts, exclusive of office rental. General Appropriations Act. (6) Committee and Contingent Expenses Accounts, exclusive (2) Computer Services Accounts for the acquisition of equip- of office rental. ment and fixtures necessary for the implementation and administration (7) Incidental Expense Account. of the respective caucus information technology systems. (8) Computer Service Accounts. (3) Senators' Legislative Accountable Expense Accounts for Rule 7. Official expenses. the purchase of flags and for the rental of durable equipment, furniture (a) General.--While engaged in the performance of legislative and furnishings. duties, a Senator, Officer or employee expressly authorized by a Senator Rule 5. District office expenses. may claim actual expenses as set forth below. (a) Authorized expenses.--Expenses authorized shall include: (b) Participation in conferences and seminars.--Expenses, such as (1) Aggregate office rental in accordance with policies as may registration fees, incurred in participating in legislative conferences and be established by the Senate Committee on Management Operations. seminars may be claimed. Related travel expenses incurred are dis- No Senator nor a member of the Senator's immediate family may have cussed in Rule 2. Related meals and lodging expenses incurred are a financial interest in a district office. For purposes of this paragraph, discussed in Rule 3. a financial interest shall not include ownership in a publicly traded (c) Conducting meetings.--Expenses attributable to conducting investment vehicle, including a corporation, mutual fund, REIT or lim- legislative meetings or performing official duties may be claimed. Such ited liability partnership in which the Senator or a member of the Sena- expenses may include: tor's immediate family is not a managing partner. Prior to entering into (1) Food and refreshment which are ordinary to the perfor- a district office lease agreement, the Chief Clerk shall obtain and main- mance of a Senator's legislative duties, and for which there is a legisla- tain a written verification from the Senator that neither the Senator nor tive purpose. In general, these expenses will be incurred during, imme- a member of the Senator's immediate family has a financial interest in diately preceding or immediately following a substantial and bona fide the property. This Rule shall not prohibit a district office from being legislative business discussion. located in a building in which a Senator or a member of the Senator's (2) Meeting room rental. immediate family has a financial interest if rent, utilities or any ex- (3) Incidental items. penses that may inure to the benefit of the property or landlord are not (d) Documentation.-- paid for by the Senate. (1) Participation in conferences and seminars.--Vouchers shall (2) Insurance. show the amount, date, place and legislative purpose. An agenda, and (3) Printing services. a registration form or other receipts, must be attached. (4) Telephone and answering services. (2) Meeting expenses.--Vouchers of meeting expenses shall (5) Postage and mailing services. include documentation regarding the amount, date, place and legislative (6) Publications and subscriptions. purpose. If a meeting expense is claimed by a Senator or employee, the (7) Nondurable supplies. portion of the voucher amount attributable to that Senator or employee (8) Senator, employee and visitor parking. shall be indicated. A receipt or invoice shall be attached to the voucher. (9) Janitorial maintenance and cleaning services. (3) Official duty expenses.--Vouchers shall show or reference (10) Utility services. to records which show the amount, date, place, legislative purpose and (11) Other items authorized for expenses as defined in the if claimed by a Senator or employee, the portion of the amount attribut- General Appropriations Act and policies of the Senate Committee on able to the expense. Restaurant, hotel or credit card receipt or invoices Management Operations. must be attached. (b) Documentation required.--A copy of the district office lease (4) Claims by Senate employees.--Vouchers involving any indicating the amount and payment terms shall be maintained in the official expenses claimed by Senate employees shall reflect formal Office of the Chief Clerk. Vouchers shall appropriately document ex- authorization by the supervising Senator or officer. penses and legislative purpose for each expenditure. Receipts or in- (e) Authorized accounts.--Payments shall be made from the fol- voices shall be included for all expenditures in excess of $25 per occur- lowing accounts: rence. (1) Appropriations Committee Accounts. (c) Authorized accounts.--Accounts authorized include: (2) Incidental Expense Account. (1) Senators' Legislative Accountable Expense Accounts. (3) Caucus Operations Accounts. (2) Chief Clerk Employees' Salary and Expense Account. (4) Committee and Contingent Expenses Accounts. (3) Legislative and Printing Expense Account. (5) Senators' Legislative Accountable Expenses Accounts. (4) Computer Service Accounts. (6) Computer Service Accounts. Rule 6. Capitol office expenses. Rule 8. Special expenses. (a) Types of expenses authorized.--Expenses authorized shall in- (a) Authorized expenses.--Expenses authorized include: clude: (1) Flowers, baskets of fruit or other appropriate items or (1) Utility services. memorial contributions to designated charities not to exceed the amount (2) Insurance. established by the Senate Committee on Management Operations. Re- (3) Printing services. cipients are limited to instances of death or illness for Senators, Offi- 2013 LEGISLATIVE JOURNAL — SENATE 15 cers, employees or their immediate families, or former Senators or their Officers, Committee Chairmen and Senators. The list for employees immediate families, or deceased retired Senate employees, or dignitar- shall contain the full name of the employee, the job title of the em- ies including both incumbent or former elected or appointed officials or ployee, the compensation of the employee, and the name of the Senator their immediate families. or Officer for such employee. For persons holding contracts for services (2) Rental of common carrier and other expenditures inherent with the Senate, the list shall contain the name of the contractor, the thereto for attendance at funerals of a Senator or members of a Senator's address of the contractor, a statement of the nature of the duties of the immediate family, former Senators, dignitaries, or Officers. contractor, and the fee of the contractor as well as the name of the Sena- (b) Documentation required.--Documentation required shall in- tor or Officer responsible for monitoring the performance of the con- clude a receipt or vendor invoice showing: recipient, instance, descrip- tractor. tion of items delivered, date delivered and cost. (2) The list shall be submitted by February 1, for the quarter (c) Authorized accounts.--Payment shall be made only from Con- ending December 31; by May 1, for the quarter ending March 31; by tingent Expense Accounts or the Incidental Expense Account. August 1, for the quarter ending June 30; and by November 1, for the Rule 9. Miscellaneous expenses of standing and special committees. quarter ending September 30. The list shall also be updated on a (a) Committee proceedings.--Rental of meeting rooms and hearing monthly basis including additions and deletions and shall be available facilities and payments to qualified court reporters or stenographers to for public inspection in the Office of the Chief Clerk in accordance with record the proceedings authorized by the chairman of a standing or the act of February 14, 2008 (P.L.6, No.3), known as the Right-to- special committee of the Senate, including the cost of transcripts. Wit- Know Law. nesses served with a subpoena to testify before such proceedings shall (b) Public inspection of vouchers and requisitions.--All vouchers be paid witness fees and travel expenses as provided by Section 5903 and requisitions relating to all expenditures, expenses, disbursements of the Judicial Code. and other obligations out of all appropriated funds of the Senate shall (b) Printing and mailing.--Committee printing and mailing costs be available for public inspection in accordance with the act of February for mailings relating to legislative business. 14, 2008 (P.L. (c) Publications and subscriptions.--Publications and subscriptions. 6, No.3), known as the Right-to-Know Law. Payroll and independent (d) Documentation required.--Vouchers or vendors receipts or contractor records of the Senate shall also be made available for public invoices stating vendor's name, services or amount of postage, date, inspection in accordance with the Right-to-Know Law. place, and total amount due or paid. Postage purchases shall require a (c) Photocopies of records.--Photocopies of financial records main- receipt stamped by the Postmaster. tained in the Office of the Chief Clerk shall be made available in accor- (e) Authorized accounts.--Accounts authorized include: dance with the act of February 14, 2008 (P.L.6, No.3), known as the (1) Appropriations Committee Accounts. Right-to-Know Law. (2) Caucus Operations Accounts. Rule 13. Personnel policies. (3) Committee and Contingent Expenses Accounts. (a) Preparation of rules and regulations.--The Senate Committee Rule 10. Senate Committee on Management Operations. on Management Operations created pursuant to Section 1.1 of Act No. (a) Duties.--In addition to duties imposed by law or otherwise by 417 of 1967 is authorized to prepare and adopt rules and regulations for these rules, the duties of the Senate Committee on Management Opera- uniform personnel policies and procedures, job specification and pay tions shall be: plans including periodic increments for Senate Officers and employees. (1) To arbitrate a decision of the Secretary or Chief Clerk of (b) Approval of rules and regulations.--Each such rule or regula- the Senate relating to these Rules, in the event that a Senator, Officer or tion or any amendment thereto shall be prepared in resolution form and employee shall disagree with a decision of the Secretary or Chief Clerk shall be placed on the Senate calendar for final approval or disapproval. of the Senate. The committee may when approved by at least five Members of the (2) To make a final decision in case of a dispute on a question committee including both Floor Leaders implement such rules and of legislative intent or legislative purpose regarding an expenditure. regulations pending final Senate consideration of them. Such resolution (3) To make a continuing review of these Rules as to expendi- shall have the force and effect of law in accordance with its terms when tures and the reporting of expenditures, and, from time to time, to make it has been approved by the full Senate. such recommendations as are appropriate. Rule 14. Accounting and Operations Manual. (4) To adopt clarifications to these Rules through interim (a) Preparation and approval.--The Chief Clerk shall prepare an policy determinations. Accounting and Operations Manual with separate sections applicable (b) Records.--A record of the committee's decisions shall be main- to Senators and their employees and fund custodians. This Manual shall tained. The Chief Clerk shall be responsible for maintaining such re- be submitted to the Senate Committee on Management Operations for cords. its approval. Rule 11. Out-of-State travel. (b) Distribution.--Upon approval applicable sections of the Ac- (a) Request for approval.--No nonmember Officer of the Senate or counting and Operations Manual shall be distributed to all Senators and any employee of any nonmember Officer shall be reimbursed nor shall Officers. A complete manual shall be forwarded to the Legislative Au- any of his or her expenses be paid for any travel outside the Common- dit Advisory Commission. wealth unless such travel has been approved by the Executive Commit- (c) Maintenance and updating.--The Chief Clerk shall be responsi- tee or a majority of the membership of the Senate Committee on Man- ble for maintaining and updating this manual as a result of revisions or agement Operations. All requests for such approval shall be made to the amendments promulgated by the Senate Committee on Management Chief Clerk, and shall include information relating to the destination, Operations. the estimated cost of such travel, the number of days involved, and the Rule 15. Effect and duration. relationship that the travel has to the duties of the Officer or employee (a) Current policies.--Policies of the Senate Committee on Man- making the request. In the case of an employee, the request shall also agement Operations in effect on the date of the adoption of these rules be approved by the Officer. are hereby ratified and approved by the Senate. (b) Time limit for filing.--A copy of any request for reimbursement (b) Applicability.--These rules provide guidance to Senators, Sen- or for the payment of any expenses relating to out-of-State travel by a ate officers and Senate employees in performing their duties in the Senator or employee assigned to a Senator shall be filed with the Office Senate. The changes contained in these rules are to be applied prospec- of the Chief Clerk within 30 days of such travel. Copies of these re- tively and are not intended to reflect on the propriety of past rules or quests shall be made available for public inspection in the Office of the practices of the Senate or its Senators, officers or employees. Chief Clerk in accordance with the act of February 14, 2008 (P.L.6, (c) Rules.--These rules shall be in full force and effect until al- No.3), known as the Right-to-Know Law. tered, changed, amended or repealed as provided in Rule 16. Rule 12. List of employees and document access. Rule 16. Changes to rules. (a) Publication and distribution.-- The consent of a majority of the Senators elected shall be necessary (1) The Chief Clerk shall have published quarterly and shall to alter, change or amend these rules. mail to each Senator's residence a listing of all employees of the Senate Rule 17. Procedure for changing rules. or any of its Officers, Committee Chairmen, and Senators and all per- All alterations, changes or amendments to these rules shall be by sons holding service purchase contracts with the Senate or any of its resolution which shall not be considered until first referred to and re- 16 LEGISLATIVE JOURNAL — SENATE JANUARY 1, ported from the Committee on Rules and Executive Nominations. 4. (d) APPENDIX (a) TRANSITIONAL PROVISIONS (1) (1)

OLD RULE NEW RULE (2) (2)

I Rule 1 (3) 1. (a) 2. (b) (4) (3) (a) (1) (i) (i) (1) (i) (ii) (ii) (2) (ii) (iii) (iii) (3) (iii) (b) (4) (4) (iv) (1) (5) (v) OLD RULE NEW RULE OLD RULE NEW RULE

(6) (vi) (2) REMAINS

(7) (vii) 5. (e) (a) (1) (8) (viii) (1) (i) (9) (ix) (2) (ii) (b) (2) (3) (iii) (c) (3) (b) (2) 3. (c) (a) (1) (1) (i)

(1) (i) (2) (ii)

(i) (A) (3) (iii)

(ii) (B) 6. (f) (1) (1) (iii) (C) (2) (2) (iv) (D) (3) (2) (ii) (4) (3) (3) (iii) (5) (4) (b) (2) (6) (5) (c) (3) (7) (6) (d) (4) III Rule 3 4. (d) 1. (a) II Rule 2 2. (b) 1. (a) (a) (1) (1) (1) (b) (2) (2) (2) (1) (i) (3) (3) (2) (ii) (4) (4) 3. (c) 2. (b) 4. (d) 3. (c) 5. (e) (a) (1) 6. (f) 7. (g) (b) (2) 8. (h) 2013 LEGISLATIVE JOURNAL — SENATE 17

(a) (1) (e) (5) (b) (2) (f) (6) 9. (i) (a) (1) (g) (7)

(b) (2) (h) (8)

(1) (i) (I) (9)

(2) (ii) (j) (10)

(3) (iii) (k) (11)

(4) (iv) 2. (b) 3. (c) (5) (v) (1) (1)

(6) (vi) (2) (2)

OLD RULE NEW RULE OLD RULE NEW RULE

IV Rule 4 (3) (3) 1. (a) 2. (b) (4) (4) 3. (c) 4. (d) VI Rule 6 5. (e) 1. (a) 6. (f) (1) (1) (a) (1) (2) (2) (1) (i) (3) (3) (2) (ii) (4) (4) (3) (iii) (5) (5) (4) (iv) (6) (6) (5) (v) (7) (7) (6) (vi) (8) (8) (b) (2) (9) (9) (1) (i) (10) (10) (2) (ii) 2. (b) (3) (iii) 3. (c) (1) (1) (4) (iv) (2) (2) (5) (v) (3) (3) 7. (g) (a) (1) (4) (4)

(b) (2) (5) (5)

(c) (6) (6)

(d) (3) (7) (7)

V Rule 5 (8) 1. (a) (a) (1) VII Rule 7 1. (a) (b) (2) 2. (b) 3. (c) (c) (3) (a) (1)

(d) (4) (b) (2) 18 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

2. (b) (c) (3) 3. (c) XV Rule 15 4. (d) 1. (a) (a) (1) 2. (b) 3. (c) (b) (2) XVI Rule 16 XVII Rule 17 (c) (3) Senators PILEGGI and COSTA, by unanimous consent, of- (d) (4) fered Senate Resolution No. 3, which was read, considered and 5. (e) adopted by voice vote:

(1) (1) A Resolution adopting the Rules of the Senate for the 197th and 198th Regular Session. (2) (2)

(3) (3) A RESOLUTION Adopting the Rules of the Senate for the 197th and 198th Regular Ses- (4) (4) sion. OLD RULE NEW RULE RESOLVED, That the following be adopted as the Rules of the Senate for the governing of the 197th and 198th Regular Session. (5) (5) (2013-2014) (6) RULES OF THE SENATE OF PENNSYLVANIA

VIII Rule 8 Rule 1. Sessions. 1. (a) (a) Regular and special.--The General Assembly shall be a contin- (a) (1) uing body during the term for which its Representatives are elected. It shall meet at twelve o'clock noon on the first Tuesday of January each (b) (2) year. Special sessions shall be called by the Governor on petition of a majority of the Members elected to each House or may be called by the 2. (b) Governor whenever in his opinion the public interest requires. (Const. 3. (c) Art. 2, Sec. 4) IX Rule 9 (b) Weekly.--The Senate shall convene its weekly sessions on 1. (a) Monday, unless the Senate shall otherwise direct. 2. (b) Rule 2. President. 3. (c) The Lieutenant Governor shall be President of the Senate.(Const. Art. 4. (d) 4, Sec. 4) 5. (e) Rule 3. Duties of the President. (1) (1) The President shall: (1) Take the chair on every legislative day at the hour to which (2) (2) the Senate stands recessed, immediately call the Senators to order, and proceed with the Order of Business of the Senate. (3) (3) (2) While in session have general direction of the Senate Chamber. It shall be the President's duty to preserve order and decorum, X Rule 10 and, in case of disturbance or disorderly conduct in the Chamber or 1. (a) galleries, may cause the same to be cleared. When in the President's (1) (1) opinion there arises a case of extreme disturbance or emergency the President shall, with the concurrence of the President Pro Tempore, the (2) (2) Majority and Minority Leaders, recess the Senate. Such recess shall not extend beyond the limitation imposed by Article 2, Section 14 of the (3) (3) Constitution. (3) During debate, prevent personal references or questions as (4) (4) to motive, and confine Senators, in debate, to the question. (4) Decide, when two or more Senators arise, who shall be 2. (b) first to speak. XI Rule 11 (5) In the presence of the Senate, within one legislative day 1. (a) after receipt or adoption, sign all bills and joint resolutions which have 2. (b) passed both Houses after their titles have been read. XII Rule 12 (6) Sign resolutions, orders, writs, warrants and subpoenas 1. (a) issued by order of the Senate. The signature shall be attested by the (a) (1) Secretary-Parliamentarian of the Senate, or, if absent, by the Chief Clerk; and the fact of signing shall be entered in the Journal. (b) (2) (7) Decide all points of order, subject to appeal, giving, how- ever, any Member called to order the right to extenuate or justify. De- 2. (b) bate shall not be permitted unless there be an appeal from a decision of 3. (c) the President in which event the President shall submit the question to XIII Rule 13 the whole Senate for decision. The President shall submit points of 1. (a) order involving the constitutionality of any matter to the Senate for 2. (b) decision. Questions of order submitted to the Senate may be debated. XIV Rule 14 Rule 4. President Pro Tempore. 1. (a) (a) Election.--The Senate shall, at the beginning and close of each 2013 LEGISLATIVE JOURNAL — SENATE 19 regular session and at such other times as may be necessary, elect one (8) The Secretary-Parliamentarian of the Senate shall post of its Members President Pro Tempore, who shall perform the duties of each roll call vote taken in the Senate on the Internet website main- the Lieutenant Governor in any case of absence or disability of that tained by the Senate immediately, but in no case later than 24 hours officer, and whenever the office of Lieutenant Governor shall be vacant. after the vote. Each roll call vote shall be posted in a manner which (Const. Art. 2, Sec. 9) clearly identifies the bill, resolution or other subject of the vote. (b) Voting.--The vote of a majority of the Members voting shall be (9) The Secretary-Parliamentarian of the Senate shall post the required to elect a President Pro Tempore. Except at the beginning and Legislative Journal of the Senate on the Internet website maintained by close of each regular session, the Senate shall only elect a President Pro the Senate upon approval of the Journal or within 45 calendar days of Tempore when the office has become vacant and the vote of the major- each session day, whichever is earlier. If the Secretary-Parliamentarian ity of the Members elected shall be required to vacate the office of a posts the Legislative Journal on the Internet website prior to Senate seated President Pro Tempore. approval, the copy shall be marked "Official Reporter's Document." Rule 5. Duties of President Pro Tempore. Rule 7. Duties of the Chief Clerk. (a) Mandatory.--The President Pro Tempore shall: (a) Election.--At the beginning of each regular session convening (1) Appoint the Chair, Vice-Chair and members of the Stand- in an odd-numbered year and whenever necessary, the Senate shall elect ing Committees of the Senate as soon after the election of the President a Chief Clerk of the Senate. Pro Tempore as possible. (b) Duties.--The Chief Clerk shall be the chief fiscal officer of the (2) Appoint members to special committees whenever autho- Senate and shall perform those duties prescribed in section 2.4 of the act rized. of January 10, 1968 (1967 P.L.925, No.417), referred to as the Legisla- (3) Fill all vacancies occurring in standing and special com- tive Officers and Employes Law. In addition, the Chief Clerk, subject mittees. to the direction of the President Pro Tempore, shall perform those pow- (4) Refer to the appropriate standing committee, every bill and ers and duties prescribed in the Financial Operating Rules of the Senate. joint resolution which may be introduced in the Senate or received from In the absence of the Secretary-Parliamentarian, the Chief Clerk shall, the House of Representatives. subject to the direction of the President Pro Tempore, attest all writs, (5) Appoint and have under the President Pro Tempore's direc- warrants and subpoenas issued by order of the Senate and shall certify tion such Senate employees as are authorized by law. as to the passage of Senate Bills and the approval of executive nomina- (6) Vote last on all questions when occupying the Chair. tions. (b) Discretionary.--The President Pro Tempore may name any Rule 8. Duties of the Sergeant-at-Arms. Senator to preside in the absence of the President, or if both the Presi- The Chief Sergeant-at-Arms shall: dent and President Pro Tempore are absent the Majority Leader, or the (1) Be constantly in attendance during the sessions of the Majority Leader's designee, shall preside. The Majority Leader, during Senate except when absent in discharging other duties. such time, shall be vested with all powers of the President. This author- (2) Have charge of and direct the work of the Assistant ity shall not extend beyond a day's recess. Sergeants-at-Arms. Rule 6. Duties of the Secretary-Parliamentarian. (3) Serve all subpoenas and warrants issued by the Senate or (a) Election.--At the beginning of each regular session convening any duly authorized officer or committee. in an odd-numbered year and at other times as may be necessary, the (4) Maintain order, at the direction of the presiding officer, in Senate shall elect a Secretary-Parliamentarian of the Senate. the Senate Chamber and adjoining rooms. (b) General duties.--The Secretary-Parliamentarian of the Senate (5) See that no person, except those authorized to do so, dis- shall: turbs or interferes with the desk or its contents of any Senator or officer. (1) Assist the presiding officer in conducting the business of (6) Exclude from the floor all persons not entitled to the privi- the session. lege of the same. (2) Act in the capacity of Parliamentarian. (7) Have charge of all entrances to the Chamber during the (c) Specific duties.--The Secretary-Parliamentarian of the Senate sessions of the Senate and shall see that the doors are properly attended. shall, subject to the direction of the President Pro Tempore: (8) Announce, upon recognition by the presiding officer, all (1) Direct the following functions: important communications and committees. (i) Amending bills in the Senate. (9) Escort the Senate to all Joint meetings with the mace. (ii) Preparing and publishing the Senate Calendar. (10) Escort the Senate to attend funeral services of members, (iii) Publication of the Senate History. former members of the Senate or other dignitaries with the mace. (iv) Numbering Senate bills as they are introduced and Rule 9. Order of Business. causing them to be distributed to the chair of the committee to which (a) General rule.--The Order of Business to be observed in taking they are referred and receiving a receipt for same. up business shall be as follows: (v) Printing of bills. First Call to Order. (2) Keep a record of the Senate action on a bill on a special Second Prayer by the Chaplain and Pledge of Allegiance. record sheet attached to the bill after it has been reported from commit- Third Reading of Communications. tee. Fourth Receiving reports of committees. (3) Keep a record of all leaves granted by the Senate by com- Fifth Asking of leaves of absence. No Senator shall piling the leave requests submitted by a member and transmitted to the absent himself without leave of the Senate, first Secretary-Parliamentarian by the respective floor leaders. These records obtained, unless prevented from attendance by shall be retained only for the duration of the two-year legislative ses- sickness, or other sufficient cause. sion. Further, these records shall be available for public inspection upon Sixth Approval of Journals of preceding session days. request. Seventh Offering of original resolutions. (4) Transmit all bills, joint resolutions, concurrent resolutions Eighth Introduction of Guests. and other communications to the House of Representatives within one Ninth Consideration of the Calendar. Any bill or resolu- legislative day of final passage or adoption, and each shall be accompa- tion on the Calendar not finally acted upon within nied by a message stating the title to the measure being transmitted and ten legislative days shall be removed from the requesting concurrence of the House, as required. Calendar and laid on the table, unless the Senate (5) Attest all writs, warrants and subpoenas issued by order of shall otherwise direct. the Senate; certify as to the passage of Senate Bills and the approval of Tenth Consideration of Executive Nominations. executive nominations. Eleventh Unfinished Business. Reports of Committees. (6) Supervise the Senate Library, assist Senators by making Unanimous consent resolutions. Congratulatory reference material available to them and perform any duties assigned to and condolence resolutions. the Senate Librarian by any statute. Twelfth First consideration of bills reported from commit- (7) Supervise the Chief Sergeant-at-Arms, the Senate Bill tee, which, at this time, shall not be subject to Room, the Senate Print Shop, the Official Reporter's Office and the amendment, debate or a vote thereon. Senate Page Service. 20 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

Thirteenth Announcements by the Secretary-Parliamentar- (6) Orders of the day. ian. (7) Limit, close or extend limit on debate. Fourteenth Introduction of Petitions and Remonstrances. (d) Motions which permit limited debate.-- Fifteenth Recess. (b) Special order of business.--Any (1) On the motion to postpone, the question of postponement subject may, by a vote of a majority of the Mem- is open to debate, but the main question is not. bers present, be made a special order; and when (2) The motion to commit or recommit to committee is debat- the time so fixed for its consideration arrives, the able as to the propriety of the reference, but the main question is not presiding officer shall lay it before the Senate. open to debate. Rule 10. Order and decorum. (3) The motion to amend is debatable on the amendments only (a) Recognition.--Any Senator who desires to speak or deliver any and does not open the main question to debate. matter to the Senate shall rise and respectfully address the presiding (e) Seconding motions.--All motions except for the previous ques- officer as "Mr. President" or "Madam President," and on being recog- tion, which shall be seconded by not less than four Senators, may be nized, may address the Senate at a microphone located on the floor of made without a second. the chamber. (f) Recessing and convening.-- (b) Avoiding personal references.--Any Senator addressing the (1) A motion to recess shall always be in order, except when Senate shall confine remarks to the question under debate, avoiding on the call for the previous question, the main question shall have been personal references or questions as to motive. ordered to be now put, or when a Member has the floor and shall be (c) Speaking out of order.--If any Senator transgresses the Rules decided without debate. of the Senate, in speaking or otherwise, the presiding officer may, or (2) A motion to recess, adopted and not having a reconvening any Senator may through the presiding officer, call that Senator to or- time, the Senate will meet the following day at 10:00 a.m. der. (3) The Senate shall not convene earlier than 8:00 a.m. unless (d) Speaking more than twice.--No Senator shall speak more than the Senate adopts a motion that sets forth the need to convene earlier twice on one question without leave of the Senate. than 8:00 a.m. (e) Decorum.--When a Senator is speaking, no other person shall (4) The Senate shall not recess later than 11:00 p.m. each pass between the Senator and the presiding officer. session day unless the Senate adopts a motion that sets forth the need to (f) Order and privilege.--No Senator speaking shall be interrupted recess later than 11:00 p.m. except by a call to order, a question of privilege, or a call for the previ- (g) Motion for previous question.--Pending the consideration of ous question, without the consent of the Senator speaking, and no Sena- any question before the Senate, a Senator may call for the previous tor shall speak on a question after it is put to a vote. question, and if seconded by four Senators, the President shall submit (g) Questions of order.--The presiding officer shall decide all ques- the question: "Shall the main question now be put?" If a majority vote tions of order, subject to appeal by any member. No debate shall be is in favor of it, the main question shall be ordered, the effect of which allowed on questions of order, unless there is an appeal. A second point shall cut off all further amendments and debate, and bring the Senate to of order on the same general subject, but not the same point, is not in a direct vote first upon the pending amendments and motions, if there order while an appeal is pending, but when the first appeal is decided, be any, then upon the main proposition. The previous question may be laid on the table or otherwise disposed of, the second point of order is ordered on any pending amendment or motion before the Senate. in order and is subject to appeal. While an appeal is pending, no other (h) Motion to lay on table.--The motion to lay on the table is not business is in order. It is within the discretion of the presiding officer as debatable and the effect of the adoption of this motion is to place on the to whether to vacate the chair on an appeal. table the pending question and everything adhering to it. Questions laid (h) Question when interrupted.--A question regularly before the on the table remain there for the entire session unless taken up before Senate can be interrupted only by a call for the previous question, for the session closes. amendment, postponement, to lay on the table, commitment, recess or (i) Motion to take from table.--A motion to take from the table, a adjournment sine die. bill or other subject, is in order under the same order of business in (i) Use of tobacco products.--No tobacco products, including ciga- which the matter was tabled. It shall be decided without debate or rettes, cigars, pipes and chewing tobacco shall be used in the Senate amendment. Chamber or in Senate Committee Rooms. (j) Reconsideration.-- (j) Cell phones.--In the Senate Chamber, cell phones and similar (1) When a question has once been made and carried in the portable communication devices shall be set to silent mode. affirmative or negative, it shall be in order to move the reconsideration Rule 11. Motions. thereof. When the Senate has been equally divided on a question, or a (a) Putting a motion.--When a motion is made, it shall, before bill shall have failed to pass, by reason of not having received the num- debate, be stated by the presiding officer. Every motion made to the ber of votes required by the Constitution, it shall be in order to move the Senate and entertained by the presiding officer shall be entered in the reconsideration thereof. Journal with the name of the Senator making it. A motion may be with- (2) Provided, however, that no motion for the reconsideration drawn by the Senator making it before amendment, postponement, an of any vote shall be in order after a bill, resolution, report, amendment order to lay on the table, or decision. or motion upon which the vote was taken shall have gone out of the (b) Precedence of motions.--Motions shall take precedence in the possession of the Senate. following order: (3) Provided, further, that no motion for reconsideration shall (1) Adjourn sine die. be in order unless made on the same day on which the vote was taken, (2) Recess. or within the next five days of voting session of the Senate thereafter. (3) Previous question. (4) A motion to reconsider the same question a third time is (4) Recess temporarily within the same session day. not in order. (5) Questions of privilege of the Senate. (5) When a bill, resolution, report, amendment, order, or com- (6) Orders of the day. munication, upon which a vote has been taken, shall have gone out of (7) Lay on the table. the possession of the Senate and been sent to the House of Representa- (8) Limit, close or extend limit on debate. tives or to the Governor, the motion to reconsider shall not be in order (9) Postpone. until a resolution has been passed to request the House or Governor to (10) Commit or recommit. return the same and the same shall have been returned to the possession (11) Amend. of the Senate. (12) Main motion. Rule 12. Bills. (c) Non-debatable motions.--Non-debatable motions are: (a) Passage of bills.-- (1) Adjourn sine die. (1) No law shall be passed except by bill, and no bill shall be (2) Recess. so altered or amended, on its passage through either House, as to change (3) Recess temporarily within the same session day. its original purpose. (Const. Art. 3, Sec. 1) (4) Previous question. (2) No alteration or amendment shall be considered which is (5) Lay on table. not appropriate and closely allied to the original purpose of the bill. If 2013 LEGISLATIVE JOURNAL — SENATE 21 a bill has been amended after being reported by the Appropriations bill under consideration. Committee and if the amendment may require the expenditure of Com- (2) No amendment granting or conveying Commonwealth monwealth funds or funds of a political subdivision or cause a loss of land or taking title thereto shall be considered by the Senate unless there revenue to the Commonwealth or a political subdivision, the Appropria- has been filed with the Secretary-Parliamentarian and the Chair of the tions Committee shall make a fiscal note reflecting the impact of the committee reporting the bill, a memorandum from the Department of amendment available to the Senators. General Services indicating the use to which the property is presently (b) Reference and printing.--No bill shall be considered unless employed, the full consideration for the transfer, if any, a departmental referred to a committee, printed for the use of the members and returned appraisal of the property, including its valuation and a list of recorded therefrom. (Const. Art. 3, Sec. 2) liens and encumbrances, if any, the use to which the property will be (c) Form of bills.--No bill shall be passed containing more than employed upon its transfer, the date by which the land is needed for its one subject, which shall be clearly expressed in its title, except a gen- new use, the senatorial district or districts in which the land is located eral appropriation bill or a bill codifying or compiling the law or a part and a statement by a responsible person in the Department of General thereof. (Const. Art. 3, Sec. 3) Services indicating whether or not the departments involved favor the (d) Consideration of bills.--Every bill shall be considered on three transfer which is the subject of the amendment under consideration. The different days in each House. All amendments made thereto shall be sponsor of the amendment may request the memorandum from the printed for the use of the members before the final vote is taken on the Department of General Services. bill and before the final vote is taken, upon written request addressed to (j) Consideration - second regular session.--All bills, joint resolu- the presiding officer of either House by at least twenty-five per cent of tions, resolutions, concurrent resolutions, or other matters pending be- the Members elected to that House, any bill shall be read at length in fore the Senate upon the recess of a first regular session convening in that House. No bill shall become a law, unless on its final passage the an odd-numbered year shall maintain their status and be pending before vote is taken by yeas and nays, the names of the persons voting for and a second regular session convening in an even-numbered year but not against it are entered on the Journal, and a majority of the Members beyond adjournment sine die or November 30th of such year, whichever elected to each House is recorded thereon as voting in its favor. (Const. first occurs. Art. 3, Sec. 4) (k) Introduction.--All bills shall be introduced in quadruplicate. A (e) Local and special bills.--No local or special bill shall be passed sponsor may be added after a bill has been printed but the addition of unless notice of the intention to apply therefor shall have been pub- sponsors shall not require that the bill be reprinted. All bills shall be lished in the locality where the matter or the thing to be effected may examined by the Legislative Reference Bureau for correctness as to be situated, which notice shall be at least thirty days prior to the intro- form and shall be imprinted with the stamp of the Bureau before being duction into the General Assembly of such bill and in the manner to be filed with the Secretary-Parliamentarian for introduction. provided by law; the evidence of such notice having been published, (l) Character of bills to be introduced.--No Member shall intro- shall be exhibited in the General Assembly, before such act shall be duce, nor shall any committee report any bill for the action of the Sen- passed. (Const. Art. 3, Sec. 7) ate, proposing to legislate upon any of the subjects prohibited by Article (f) Revenue bills.--All bills for raising revenue shall originate in III, section 32 of the Constitution. the House of Representatives, but the Senate may propose amendments (m) Printing of amended bills.-- as in other bills. (Const. Art. 3, Sec. 10) (1) All bills reported or re-reported from committee, if (g) Appropriation bills.-- amended by the committee, and all bills on the Calendar, if amended by (1) The general appropriation bill shall embrace nothing but the Senate, shall be reprinted and a new printer's number assigned appropriations for the executive, legislative and judicial departments of thereto before any action is taken thereon. the Commonwealth, for the public debt and for public schools. All other (2) No bill or joint resolution re-reported from committee as appropriations shall be made by separate bills, each embracing but one amended shall be voted on final passage until at least six hours have subject. (Const. Art. 3, Sec. 11) elapsed from the time of the committee report. (2) No appropriation shall be made for charitable, educational (n) First consideration.--Bills on first consideration shall not be or benevolent purposes to any person or community nor to any denomi- subject to amendment, debate or a vote thereon. nation and sectarian institution, corporation or association: Provided, (o) Second consideration.--Bills on second consideration may be That appropriations may be made for pensions or gratuities for military subject to amendment, debate and a vote thereon. service and to blind persons twenty-one years of age and upwards and (p) Third consideration and final passage.-- for assistance to mothers having dependent children and to aged persons (1) The following apply: without adequate means of support and in the form of scholarship grants (i) Bills on third consideration may be amended and are or loans for higher educational purposes to residents of the Common- subject to debate. Bills on final passage may not be amended but are wealth enrolled in institutions of higher learning except that no scholar- open to debate. The vote on final passage shall be taken by a roll call. ship, grants or loans for higher educational purposes shall be given to The names of the Senators voting for and against shall be recorded, persons enrolled in a theological seminary or school of theology. entered in the Journal and posted on the Internet website maintained by (Const. Art. 3, Sec. 29) the Senate. No bill shall be declared passed unless a majority of all (h) Charitable and educational appropriations.--No appropriation Senators elected to the Senate shall be recorded as voting for the same. shall be made to any charitable or educational institution not under the (ii) No bill which may require an expenditure of Com- absolute control of the Commonwealth, other than normal schools es- monwealth funds or funds of any political subdivision or cause a loss tablished by law for the professional training of teachers for the public of revenue to the Commonwealth or any political subdivision shall be schools of the State, except by a vote of two-thirds of all the members given third consideration on the Calendar until it has been referred to elected to each House. (Const. Art. 3, Sec. 30) the Appropriations Committee and a fiscal note attached thereto. (i) Land transfer legislation.-- (iii) In obtaining the information required by these Rules, (1) No bills granting or conveying Commonwealth land or the Appropriations Committee may utilize the services of the Budget taking title thereto shall be reported by any committee of the Senate Office and any other State agency as may be necessary. unless there has been filed with the Secretary-Parliamentarian and the (iv) No bills appropriating money for charitable or benev- Chair of the Reporting Committee, a memorandum from the Depart- olent purposes shall be considered finally until after the general appro- ment of General Services indicating the use to which the property is priation bill shall have been reported from committee. presently employed, the full consideration for the transfer, if any, a (2) The following apply: departmental appraisal of the property, including its valuation and a list (i) It shall not be in order, by suspension of this Rule or of recorded liens and encumbrances, if any, the use to which the prop- otherwise, to consider a bill on final passage unless it is printed, to- erty will be employed upon its transfer, the date by which the land is gether with amendments, if any, and made available to the Senators. needed for its new use, and the senatorial district or districts in which (ii) No bill or joint resolution amended on third consider- the land is located. The memorandum shall be filed within 60 days after ation shall be voted on final passage until at least six hours have elapsed a request is made for same and contain a statement by a responsible from the time of adoption of the amendment. person in the Department of General Services indicating whether or not (q) Pre-filing of bills, joint resolutions and resolutions.--Any Sena- the departments involved favor the transfer which is the subject of the tor or Senator-elect may file bills, joint resolutions and resolutions with 22 LEGISLATIVE JOURNAL — SENATE JANUARY 1, the Secretary-Parliamentarian of the Senate commencing on December amendments only by the Committee on Rules and Executive Nomina- 15 of each even-numbered year. The Secretary-Parliamentarian of the tions. The vote on concurring in amendments by the House to bills or Senate shall number the bills, joint resolutions and resolutions and shall resolutions amended by the House shall not be taken until said bills or have them available for distribution. Upon the naming of the commit- resolutions have been favorably reported, as committed or as amended, tees of the Senate at the convening of a First Regular Session, the Presi- by the Committee on Rules and Executive Nominations and have been dent Pro Tempore shall refer all prefiled measures to the proper com- placed on the desks of the Senators and particularly referred to on their mittee within 14 calendar days. calendars. (r) Normal filing of bills, joint resolutions and resolutions.--Sena- (ii) Unless the Majority Leader and the Minority Leader tors may introduce bills, joint resolutions and resolutions by filing the shall agree otherwise, the offering of an amendment to House amend- same with the Secretary-Parliamentarian of the Senate. The Secretary- ments in the Committee on Rules and Executive Nominations shall not Parliamentarian of the Senate shall number the bills, joint resolutions be in order until at least one hour after the filing of a copy of the and resolutions and shall notify the President Pro Tempore of the fact amendment as prepared by the Legislative Reference Bureau with the of such filing. office of the Secretary-Parliamentarian. Upon the filing of such an (s) Referral to committee by President Pro Tempore.--Every bill, amendment, the Secretary-Parliamentarian shall immediately time joint resolution and resolution introduced by a Senator or received from stamp the amendment and forward a time-stamped copy of the amend- the House of Representatives shall be referred by the President Pro ment to the offices of the Majority Leader and the Minority Leader. Tempore to the appropriate committee within 14 calendar days. Upon Except as provided in this subsection, it shall not be in order to suspend referral, the Secretary-Parliamentarian of the Senate shall deliver the or otherwise waive the requirements of this subsection. bills, joint resolutions and resolutions to the committees to which they Rule 14. Committees. have been referred. The Secretary-Parliamentarian of the Senate shall (a) Standing committees.-- have the bills, joint resolutions and resolutions available for distribu- (1) There shall be the following permanent Standing Commit- tion. tees, the Chair, the Vice-Chair and members thereof to be appointed by Rule 13. Amendments. the President Pro Tempore as soon as possible after the election of the (a) When in order.-- President Pro Tempore in sessions convening in odd-numbered years or (1) Amendments shall be in order when a bill is reported or re- such other times as may be necessary. The composition of each Stand- reported from committee, on second consideration and on third consid- ing Committee shall reasonably reflect the caucus composition of the eration. No amendments shall be received by the presiding officer or Senate membership. considered by the Senate which destroys the general sense of the origi- Aging and Youth -- 10 members nal bill, or is not appropriate and closely allied to the original purpose Agriculture and Rural Affairs -- 10 members of the bill. Any Member, upon request, must be furnished a copy of a Appropriations -- 23 members proposed amendment and be given a reasonable opportunity to consider Banking and Insurance -- 13 members same before being required to vote thereon. Communications and Technology -- 10 members (2) Amendments offered on the floor shall be read by the clerk Community, Economic and Recreational Development -- and stated by the presiding officer to the Senate before being acted 13 members upon. Amendments shall be presented with at least four typewritten Consumer Protection and Professional Licensure -- copies obtained through the Legislative Reference Bureau, which shall 13 members have the Sponsor identified. No amendment may be considered by the Education -- 10 members Senate until the Secretary-Parliamentarian of the Senate has posted the Environmental Resources and Energy -- 10 members amendment on the Internet website maintained by the Senate. Finance -- 10 members (3) Amendments to bills or other main motions or questions Game and Fisheries -- 10 members before the Senate may be tabled. When an amendment proposed to any Intergovernmental Operations -- 10 members bill or other main motion or question before the Senate is laid on the Judiciary -- 13 members table, it shall not carry with it or prejudice the bill, main motion or Labor and Industry -- 10 members question. A motion to take an amendment from the table shall only be Law and Justice -- 10 members in order if the bill or other main motion or question remains before the Local Government -- 10 members Senate for decision. The motion to take an amendment from the table Public Health and Welfare -- 10 members is not debatable and shall have the same precedence as the motion to Rules and Executive Nominations -- 16 members amend. State Government -- 10 members (b) Amendments reconsidering-revert to prior print.-- Amendments Transportation -- 13 members adopted or defeated may not be again considered without reconsidering Urban Affairs and Housing -- 10 members the vote by which said amendments were adopted or defeated, unless a Veterans' Affairs and Emergency Preparedness -- majority vote of the Senators present shall decide to revert to a prior 10 members printer's number. If such a motion is made to a bill on third consider- Subcommittees ation and carried it shall not be in order to vote on the final passage of (2) Each standing committee or the chair thereof may appoint, said bill until a copy of the reverted printer's number is made available from time to time, a subcommittee to study or investigate a matter fall- to the Senators. ing within the jurisdiction of the standing committee or to consider a (c) Concurrence in House amendments.-- bill or resolution referred to it. A Subcommittee may hold public hear- (1) The following apply: ings only with the prior permission of its standing committee. Subcom- (i) No amendments to bills by the House shall be con- mittees shall be regulated by the Senate Rules of Procedure and shall be curred in by the Senate, except by the vote of a majority of the Mem- in existence for only that time necessary to complete their assignments bers elected to the Senate, taken by yeas and nays. (Const. Art. 3, Sec. and report to their standing committees. 5) (b) Members-ex-officio.-- (ii) If a bill on concurrence contains an amendment which (1) The President Pro Tempore shall be an ex-officio voting may require the expenditure of Commonwealth funds or funds of a Member of all standing committees and any subcommittees that may be political subdivision or cause a loss of revenue to the Commonwealth established and shall not be included in the number of committee mem- or a political subdivision, the bill may not be voted finally until a fiscal bers herein provided. However, the President Pro Tempore shall not be note reflecting the impact of the amendment is made available to the an ex-officio Member of the Committee on Ethics and Official Conduct. Senators. (2) The Majority Leader and the Minority Leader shall each (2) The following apply: be an ex-officio member of the Committee on Appropriations and shall (i) Any bill or resolution containing House amendments not be included in the number of members of the committee provided which is returned to the Senate shall be referred to the Committee on herein. Rules and Executive Nominations immediately upon the reading of the (3) The Majority Leader shall serve as Chair of the Committee communication by the clerk. The consideration of any bill or resolution on Rules and Executive Nominations and the Minority Leader shall containing House amendments may include the amendment of House serve as the Minority Chair. 2013 LEGISLATIVE JOURNAL — SENATE 23

(c) Committees' function between sessions.--Standing committees but no matters may be considered in executive session for which an shall exist and function both during and between sessions. Such power open meeting is required under 65 Pa.C.S. Ch. 7 (relating to open meet- shall not extend beyond November 30th of any even-numbered year. ings). (d) Powers and responsibilities.--Standing committees are autho- (2) All standing committees may have their hearings reported rized: and transcribed if payment for such service is being made from commit- (1) To maintain a continuous review of the work of the Com- tee funds. If payment is expected to be made from a source other than monwealth agencies concerned with their subject areas and the perfor- committee funds, approval must be first obtained from the President Pro mance of the functions of government within each such subject area, Tempore. and for this purpose to request reports from time to time, in such form (h) Quorum of committee.--A committee is actually assembled as the standing committee shall designate, concerning the operation of only when a quorum constituting a majority of the members of that any Commonwealth agency and presenting any proposal or recommen- committee is present in person. A majority of the quorum of the whole dation such agency may have with regard to existing laws or proposed committee shall be required to report any bill, resolution or other matter legislation in its subject area. The standing committee is authorized to to the floor for action by the whole Senate. require public officials and employees and private individuals to appear (I) Quorum of subcommittee.--A subcommittee is actually assem- before the standing committee for the purpose of submitting informa- bled only when a quorum constituting a majority of the members of that tion to it. subcommittee is present in person. A majority of the quorum of the (2) In order to carry out its duties, each standing committee is whole subcommittee shall be required to report any bill, resolution or empowered with the right and authority to inspect and investigate the other matter to the committee. books, records, papers, documents, data, operation, and physical plant (j) Discharging committees.-- of any public agency in this Commonwealth. (1) No standing committee shall be discharged from consider- (3) In order to carry out its duties, each standing committee ation of any bill, resolution or other matter within ten legislative days may issue subpoenas, subpoenas duces tecum and other necessary pro- of its reference to committee without the unanimous consent of the cess to compel the attendance of witnesses and the production of any Senate or after such ten-day period except by majority vote of all mem- books, letters or other documentary evidence desired by the committee. bers elected to the Senate. The chair may administer oaths and affirmations in the manner pre- (2) Such discharge shall be by resolution which shall lie over scribed by law to witnesses who shall appear before the committee to one day for consideration upon introduction and which may be consid- testify. ered under the Order of Business of Resolutions on the Calendar. (e) Notice of meetings.-- Rule 15. Committee officers. (1) The following apply: (a) Chair-ex-officio.--The Chair of each standing committee shall (i) The chair of a committee, or, in the absence of the be ex-officio a member of each subcommittee that may be established chair, the vice-chair, with the approval of the chair, shall provide each as part of the standing committee, with the right to attend meetings of member of the committee with written notice of committee meetings, the subcommittee and vote on any matter before the subcommittee. which shall include the date, time and location of the meeting and the (b) Calling committee to order.--The Chair, or, if authorized by the number of each bill, resolution or other matter which may be consid- Chair, the Vice-Chair shall call the committee to order at the hour pro- ered. During session, notice of meetings of standing committees shall vided by these Rules. Upon the appearance of a quorum, the committee be published daily. Notice shall be delivered by the chair to the shall proceed with the order of business. Any member of the committee Secretary-Parliamentarian's office in writing by the end of the session may question the existence of a quorum. on the day preceding its intended publication. (c) Chair control of the committee room.--The Chair, or, if autho- (ii) Whenever the chair of any standing committee shall rized by the Chair, the Vice-Chair shall preserve order and decorum and refuse to call a regular meeting, then a majority plus one of the mem- shall have general control of the committee room. In case of a distur- bers of the standing committee may vote to call a meeting by giving two bance or disorderly conduct in the committee room, the Chair, or, if days' written notice to the Secretary-Parliamentarian of the Senate, authorized by the Chair, the Vice-Chair may cause the same to be setting the time and place for such meeting. Such notice shall be read cleared. The use of cell phones and similar portable communication in the Senate and the same posted by the Secretary-Parliamentarian in devices within any Senate committee room by other than members of the Senate. Thereafter, the meeting shall be held at the time and place the Senate or their staffs is strictly prohibited. specified in the notice. In addition, any such meeting shall comply with (d) Chair's authority to sign documents and decide questions of all provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings) relative order.--The Chair shall sign all notices, vouchers, subpoenas or reports to notice of meetings. required or permitted by these Rules. The Chair shall decide all ques- (iii) When the majority plus one of the members of a tions of order relative to parliamentary procedure, subject to an appeal standing committee believe that a certain bill or resolution in the pos- by any member of the committee. session of the standing committee should be considered and acted upon (e) Vote of Chair, Vice-Chair.--The Chair and Vice-Chair shall by such committee, they may request the chair to include the same as vote on all matters before such committee provided that the name of the part of the business of a committee meeting. Should the chair refuse Chair shall be called last. such request, the membership may require that such bill be considered (f) Performance of duties by Vice-Chair.--Upon the death of the by written motion made and approved by a majority plus one vote of the Chair, the Vice-Chair shall perform the duties of the office until and entire membership to which the committee is entitled. unless the President Pro Tempore shall appoint a successor. Upon and (2) A committee meeting, or hearing for which notice has not during disability, or incapacity of the Chair, the Vice-Chair shall per- been published as provided in section 6(a), may be held during a session form the Chair's duties. only if approval is granted by the Majority and Minority Leaders and if (g) Chair's duty to report.--The Chair shall report any bill to the notice of the bills to be considered is given during session. floor of the Senate not later than the second legislative day after the (f) Bills recommitted.--Any bill or resolution reported by any committee's vote to report it. standing committee without prior notice having been given as required Rule 16. Committee members. by these Rules shall be recommitted to the committee reporting the Members, attendance and voting shall be as follows: same. (1) Every member of a committee shall be in attendance dur- (g) Public meetings or hearings.-- ing each of its meetings, unless excused or necessarily prevented, and (1) The following apply: shall vote on each question, except that no member of a committee shall (i) The chair of a standing committee may hold hearings be required or permitted to vote on any questions immediately concern- open to the public and in doing so shall make a public announcement ing that member's direct personal, private or pecuniary interest. in writing prior to the date of the hearing of the date and time, the loca- (2) The Chair may excuse any Senator for just cause from tion and the subject matter of the hearing. attendance during the meetings of the committee for any stated period. (ii) The chair of a standing committee shall have the (3) Any member of a committee who is otherwise engaged in power to designate whether or not a meeting of the committee for the legislative duties may have the member's vote recorded on bills, resolu- purpose of transacting committee business shall be open to the public tions or other matters pending before the committee by communicating or shall be held in executive session and therefore closed to the public, in writing to the Chair the inability to attend and the manner in which 24 LEGISLATIVE JOURNAL — SENATE JANUARY 1, the member desires to be voted on bills, resolutions or other matters transmitted by the respective floor leaders to the Secretary-Parliamen- pending before the committee. tarian of the Senate for retention in accordance with Rule 6(c)(3) within Rule 17. Committee voting. 24 hours of the conclusion of the legislative day in which leave was Taking the vote shall be as follows: requested. (1) The Chair shall announce the results of all votes to report (3) Military leave.--A Senator who is on active duty or in a bill or resolution or a vote regarding an executive nomination. All training with a reserve component of the armed forces of the United votes shall be open to the public and shall be posted on the Internet States or the Pennsylvania National Guard or Air National Guard may website maintained by the Senate within 24 hours. be granted a military leave. A Senator requesting military leave shall (2) In all cases where the committee vote shall be equally submit a leave request to the Senator's respective floor leader who shall divided, the question falls. transmit the request to the Secretary-Parliamentarian of the Senate on Rule 18. Motions in committees. behalf of the Senator requesting leave within 24 hours of the conclusion All motions made in committee shall be governed and take the of the legislative day in which leave was requested. same precedence as those set forth in these Rules. (4) Personal leave.--A Senator who is absent for any purpose Rule 19. Conference Committees. other than those set forth in these Rules may be granted a personal (a) Composition.--The President Pro Tempore shall appoint three leave. A Senator on personal leave shall not be voted on any question Senators to comprise a Committee of Conference. Two shall be from before the Senate or on any question before any committee of the Sen- the majority party and one from the minority party. ate. A Senator requesting personal leave shall submit a leave request to (b) Deliberations.--The deliberations of the committee shall be the Senator's respective floor leader who shall transmit the request to confined to the subject of difference between the two Houses, unless the Secretary-Parliamentarian of the Senate on behalf of the Senator both Houses shall direct a free conference. requesting leave within 24 hours of the conclusion of the legislative day (c) Report of Conference Committee.-- in which leave was requested. (1) The report of a Committee of Conference shall be prepared (c) Excused from voting.-- in triplicate by the Legislative Reference Bureau and shall be signed by (1) A Senator desiring to be excused from voting due to a the members or a majority of the members of each committee compris- direct, personal, private or pecuniary interest in any question or bill ing the Committee of Conference. Every report of a Committee of Con- proposed or pending before the Senate, shall seek a ruling from the ference shall be printed together with the bill as amended by the com- presiding officer. mittee, made available to the Senators and shall be particularly referred (2) Senators who seek a ruling on whether they have a direct, to on their calendars before action shall be taken on such report. No personal, private or pecuniary interest in any question or bill proposed report of a Committee of Conference may be adopted by the Senate or pending before the Senate shall, after the Senator is recognized by until at least six hours have elapsed from the time of adoption of the the presiding officer, make a brief statement of the reasons for making report by the Committee of Conference. the request and ask the presiding officer to decide whether or not the (2) A report of a Committee of Conference which requires the Senator must vote. The question shall be decided by the presiding offi- expenditure of Commonwealth funds or funds of a political subdivision cer without debate. or causes a loss of revenue to the Commonwealth or a political subdivi- (d) Changing vote.--No Senator may vote or change a vote after sion shall have a fiscal note attached before the report is finally adopted the result is announced by the Chair. Before the announcement of the by the Senate. final result, however, a Senator may change a vote, or may vote, if (d) Adoption of Conference Committee report.--Reports of com- previously absent from the Chamber. Should a Senator be erroneously mittees of conference shall be adopted only by the vote of a majority of recorded on any vote, the Senator may at any time, with the permission the members elected to the Senate, taken by yeas and nays. (Const. Art. of the Senate, make a statement to that effect which shall be entered in 3, Sec. 5) the Journal. Similarly, should the Senator be absent when a vote is taken Rule 20. Voting. on any question, the Senator may later, with the permission of the Sen- (a) Senators must be present.--Every Senator shall be present ate, make a statement for entry upon the Journal, indicating how the within the Senate Chamber during the sessions of the Senate, and shall Senator would have voted had the Senator been present when the roll be recorded as voting on each question stated from the Chair which was taken and the reasons therefor shall be submitted in writing or requires a roll call vote unless the Senator is on leave, is duly excused delivered orally not to exceed five minutes. or is unavoidably prevented from attending session. The refusal of any (e) Persons allowed at desk during roll call.--No Senator or other Senator to vote as provided by this Rule shall be deemed a contempt of person, except the Majority or Minority Leader or other persons desig- the Senate. nated by them, shall be permitted at the Reading Clerk's desk during the (b) Voting required.--Except as may be otherwise provided by this recording, counting or verification of a roll call vote. Rule, no Senator shall be permitted to vote on any question unless the (f) Two-thirds vote.--When bills or other matters which require a Senator is present in the Senate Chamber at the time the roll is being two-thirds vote are under consideration, the concurrence of two-thirds called, or prior to the announcement of the vote, unless the following of all the Senators elected shall not be requisite to decide any question applies: or amendment short of the final question and on any question short of (1) Capitol leave.--A Senator who is performing a legislative the final one, a majority of Senators voting shall be sufficient to pass duty in the Harrisburg area, which is defined in the Financial Operating the same. Rules of the Senate as within Dauphin County or otherwise within a 10- (g) Majority vote defined.--A majority of the Senators elected shall mile radius of the Capitol, may, upon request during session, be granted mean a majority of the Senators elected, living, sworn and seated. a Capitol Leave by the Senate and may be voted by the Senator's re- (h) Majority vote.--When bills or other matters which require a spective floor leader. A specific reason for the Capitol Leave must be vote of the majority of Senators elected are under consideration, the given in writing by the Senator. The Capital Leave request shall be concurrence of a majority of all the Senators elected shall not be requi- communicated to the Senator's respective floor whip for transmission site to decide any question or amendment short of the final question; to the respective floor leader prior to the beginning of a roll call vote. and, on any question short of a final one, a majority of Senators voting All written Capitol Leave requests shall be transmitted by the respective shall be sufficient to pass the same. floor leaders to the Secretary-Parliamentarian of the Senate for retention (i) Announcement of vote.--Upon completion of a roll call vote or in accordance with Rule 6(c)(3) within 24 hours of the conclusion of the a voice vote the result shall be announced immediately unless the Ma- legislative day in which leave was requested. jority or Minority Leader requests a delay. (2) Legislative leave.--A Senator who is performing a legisla- (j) Explanation of vote.--Any Senator may, with the consent of the tive duty outside of the Harrisburg area may, upon request during ses- Senate, make an explanation of a vote on any question and have the sion, be granted a Legislative Leave by the Senate and may be voted by explanation printed in the Journal. the Senator's respective floor leader. A specific reason for the Legisla- (k) Tie vote.--In the case of a tie vote, the President of the Senate tive Leave must be given in writing by the Senator. The Legislative may cast a vote to break the tie so long as by doing so it does not violate Leave request shall be communicated to the Senator's respective floor any provisions of the Constitution of Pennsylvania. In the event there whip for transmission to the respective floor leader prior to the begin- is a tie vote on a question requiring a constitutional majority, the ques- ning of a roll call vote. All written Legislative Leave requests shall be tion falls. 2013 LEGISLATIVE JOURNAL — SENATE 25

(l) Verifying vote.--Any Senator may demand a verification designated by the President Pro Tempore. of a vote immediately upon the completion of a roll call or after the (d) Scope of video and audio feeds.-- announcement of the vote by the presiding officer. In verifying a vote, (1) The video feed and audio feed shall provide a complete, the Clerk shall first read the affirmative roll at which time any additions unedited record of what is said on the floor of the Senate and shall be or corrections shall be made. Upon the completion and verification of free from commentary. the affirmative roll call, the Clerk shall proceed with the reading of the (2) To the extent possible, only the presiding officer and the negative roll at which time any additions or corrections shall be made. persons actually speaking shall be covered by the video cameras and Upon the completion and verification of the negative roll call, the roll microphones. call shall be declared verified. It shall not be in order for a Senator to (3) During roll call votes and other votes, the video cameras change a vote after the verified roll call is announced. A demand for a shall be focused on the presiding officer or the appropriate clerks until verification shall not be in order when all Senators vote one way. The the announcement of the vote tabulation by the presiding officer. demand for a verification of a vote is not debatable. (4) During recesses of the Senate or when the Senate is at (m) Voice vote.--Unless otherwise ordered or demanded, a voice ease, the video feed and audio feed shall be turned off. vote may be taken. Any Senator who doubts the accuracy of a voice (e) Restrictions on video and audio feeds.-- vote may demand a roll call vote. Such request must be made immedi- (1) The video feed and audio feed, and any television or radio ately upon the announcement of the vote by the presiding officer and coverage thereof, shall not be made available or used for political or shall not be in order after other business has intervened. The demand for campaign purposes, whether in paid political advertisements or other- a verification of a voice vote shall not be in order. wise. Use of the video feed and audio feed shall be subject to all Federal Rule 21. Correspondents. and State laws relating to elections and campaign practices. (a) Admission to Senate Press Gallery.--Admission to the Senate (2) The video feed and audio feed, and any television or radio Press Gallery shall be limited to members in good standing of the Penn- coverage thereof, shall not be used in any commercial advertisement. sylvania Legislative Correspondents' Association and to other members (3) Any live coverage of the Senate shall be without and pre- of the press as determined by the President Pro Tempore. Seating shall sented without any commercial sponsorship, except when it is part of be available on a first-come-first-served basis. a bona fide news program or public affairs program. (b) Photographs in Senate Chamber.-- (4) The President Pro Tempore or any other presiding officer (1) Photographers may be authorized by the President Pro shall be prohibited from ordering, without consent of the Senate, that Tempore to take still photographs in the Senate. any segment of a floor session not be broadcast or recorded. (2) No still photographs shall be taken in the Senate during (5) Except as provided in this paragraph, the President Pro sessions without prior notice to the Senators. When possible, such no- Tempore, any other presiding officer and any Senator, officer or em- tice shall be given at the beginning of the session during which the still ployee of the Senate shall be prohibited from editing any portion of the photographs are scheduled to be taken. video feed and audio feed described in this Rule. A Senator may post (c) Order and decorum of press.-- a video clip or audio clip of Senate session on an Internet website or (1) Persons seated in the Senate Press Gallery shall be dressed provide a video clip or audio clip of Senate session for any television appropriately and shall, at all times, refrain from loud talking or causing broadcast as long as the clip exclusively features the Senator who is any disturbance which tends to interrupt the proceedings of the Senate. posting or providing the clip. (2) Persons seated in the Senate Press Gallery shall not walk (f) Other recording prohibited.-- onto the floor of the Senate nor approach the rostrum or the clerk's desk (1) Except as provided in this Rule, any recording, filming, during session or while being at ease. videotaping, broadcasting or distribution of any session of the Senate, Rule 22. Radio and television. or any part thereof, in any form whatsoever is prohibited. (a) Filming, videotaping, televising and broadcasting.-- Filming, (2) Nothing in this Rule shall be construed to prohibit any videotaping, televising or broadcasting of Senate sessions shall be per- licensed radio station from broadcasting a session from the Senate or mitted as provided in these Rules. any part thereof provided that the signal originates from the Senate- (b) Broadcasting session.--Nothing in this Rule shall be construed operated sound system which transmits Senate session activity to the to prohibit any licensed radio station or television station from broad- offices in the Main Capitol and environs. casting a session from the Senate or any part thereof provided that the (g) Violations.--Any violation of this Rule shall be dealt with as signal originates from the Senate-operated audio-visual system which directed by the Committee on Rules and Executive Nominations. transmits Senate session activity to the offices in the Main Capitol and (h) Official record.--The video feed and audio feed provided by the environs. Senate shall not constitute an official record of Senate actions. The Rule 23. Video feed and audio feed. official record of Senate actions shall be contained in the Journals pre- (a) Responsibilities of the Chief Clerk.-- pared by the Secretary-Parliamentarian of the Senate and approved by (1) The Chief Clerk of the Senate, in consultation with the the Senate. Secretary-Parliamentarian of the Senate, shall provide a video feed and Rule 24. Who privileged to the floor of the Senate. an audio feed of Senate floor activity. (a) Admission during session.--With the exception of the Senate (2) The Chief Clerk of the Senate shall be responsible for the Gallery and the Senate Press Gallery, no person shall be admitted within acquisition, installation and maintenance of equipment required to pro- the Senate Chamber during Senate sessions, unless invited by the Presi- vide the video feed and the audio feed, and for the continued develop- dent Pro Tempore or the Majority or Minority Leaders. During session, ment and operation of the feeds, including the hiring of the necessary authorized staff with access to the Senate Chamber shall be limited and personnel. shall be restricted to the area immediately adjacent to the Majority and (3) All equipment required to produce the video feed and Minority Leaders' desks. Advice to Senators during debate shall be audio feed shall be operated by Senate personnel. Nothing in any con- allowed only when the Senator is using the microphones at the leaders' tract entered into by the Office of the Chief Clerk regarding installation desks. or maintenance of equipment shall permit any control over the video (b) Rear entrance closed during session.--No person or persons cameras and microphones in the Senate Chamber to be exercised by shall, during a session, be permitted to enter through the front or rear anyone but the appropriate Senate officers and employees. door of the Senate Chamber nor be present in the rooms immediately to (b) Sessions provided free of charge.-- the rear of the Senate Chamber except for Senators, officers and em- (1) Continuous broadcast of Senate sessions shall be provided ployees expressly authorized. free of charge to any licensed television station, radio station or cable (c) Telephone facilities.--No person or persons other than Senators television outlet and shall further be available through the Senate's or their staff shall, at any time, be permitted to use the telephone facili- website. ties in or adjacent to the Senate Chamber. (2) The Senate Committee on Management Operations may Rule 25. Rules. authorize providing the video feed and audio feed free of charge to (a) Force and effect.--These Rules shall be in full force and effect other entities. until altered, changed, amended or repealed as provided herein. (c) Funding.--Funding for the implementation and operation of the (b) Dispensing with Rules.--The consent of a majority of the Sena- broadcasting system shall be provided through Senate appropriations as tors elected shall be necessary to suspend any Rule. 26 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

(c) Voting for altering, changing or amending rules.--The consent tions is reached in the order of business, a Senator may make a motion of a majority of the Senators elected shall be necessary to alter, change to go into executive session for the purpose of confirming the nomina- or amend these Rules. tions which have been reported from committee; and on the motion (d) Alteration, change or amendment of rules by resolution.--All being agreed to, the nomination or nominations shall be considered until alterations, changes or amendments to Senate Rules shall be by resolu- finally disposed of, unless the same shall be postponed by a majority of tion which shall not be considered unless first referred to and reported the Senate. from the Rules Committee. (d) Executive session.--When in executive session, no communica- Rule 26. Mason's Manual of Legislative Procedure to govern Senate. tion shall be received from the Governor, unless it be relative to the The Rules of Parliamentary Practice comprised in Mason's Manual nomination under consideration, nor from the House of Representatives, of Legislative Procedure shall govern the Senate in all cases to which nor shall any other business. they are applicable, and in which they are not inconsistent with the (e) Reconsideration.--When a nomination is confirmed or rejected Standing Rules, Prior Decisions and Orders of the Senate. by the Senate, any Senator may move for a reconsideration on the same Rule 27. Quorum. day on which the vote was taken, or on either of the next two days of (a) Majority constitutes a quorum.--A majority of Senators elected voting session of the Senate; but if a notification of the confirmation or shall constitute a quorum, but a smaller number may adjourn from day rejection of a nomination shall have been sent to the Governor before to day, and compel the attendance of absent members. (Const. Art. 2, the expiration of the time within which a motion to reconsider may be Sec. 10) made, the motion to reconsider shall be accompanied by a motion to (b) When less than a quorum is present.--When, upon a call, which request the Governor to return such notification to the Senate. A motion may be demanded by not less than four Senators, it is found that less to reconsider the vote on a nomination may be laid on the table without than a quorum is present, it shall be the duty of the presiding officer to prejudice to the nomination. order the doors of the Senate to be closed, and to direct the clerk to call Rule 29. Resolutions. the roll of the Senate and note the absentees after which the names of (a) Introduction.--All resolutions, Senate and concurrent, shall be the absentees shall be again called. A Senator whose absence is not introduced by presenting four copies of the Resolution, with the sponsor excused, or an insufficient excuse is made, may by order of a majority identified, to the presiding officer. of the Senators present be sent for and taken into custody by the (b) Consideration.--The following resolutions, after being read, Sergeant-at-Arms, or assistant sergeants-at-arms appointed for the pur- shall be referred to an appropriate committee without debate unless by pose. Any unexcused Senator shall be brought before the bar of the unanimous consent the Senate shall otherwise direct and, if favorably Senate, where the Senator, unless excused by a majority of the Senators reported by the committee, shall lie over one day for consideration, after present, shall be publicly reprimanded by the presiding officer for ne- which they may be called up as, of course, under their appropriate order glect of duty. of business: (c) When less than a quorum vote but present.--When less than a (1) All Senate and House concurrent resolutions, excepting quorum vote upon any subject under the consideration of the Senate, not resolutions in reference to adjournment sine die, recesses and those less than four Senators may demand a call of the Senate, when it shall recalling bills from the Governor, which shall be regarded as privileged. be the duty of the presiding officer to order the doors of the Senate to (2) Resolutions containing calls for information from the be closed and the roll of the Senators to be called. If it is ascertained heads of departments, or to alter the Rules. that a quorum is present, either by answering to their names, or by their (3) Resolutions giving rise to debate, except those that relate presence in the Senate, the presiding officer shall again order the yeas to the disposition of matters immediately before the Senate, those that and nays; and, if any Senator present refuses to vote, the name or names relate to the business of the day on which they were offered, and those of such Senator shall be entered on the Journal as "Present but not vot- that relate to adjournment sine die or a recess. ing." Such refusal to vote shall be deemed a contempt; and, unless (c) Printing in Senate History.-- purged, the presiding officer shall direct the Sergeant-at-Arms to bring (1) Congratulatory and condolence resolutions shall be given the Senator before the bar of the Senate, where the Senator shall be to the Secretary-Parliamentarian and shall be considered under the order publicly reprimanded by the presiding officer. of unfinished business in the daily order of business. Rule 28. Executive nominations. (2) All resolutions shall be adopted by a majority vote of the (a) Presentation and reference.-- Senators present except as specifically provided for in these Rules. (1) All nominations by the Governor or the Attorney General (d) Joint Resolutions.-- shall be submitted to the Secretary-Parliamentarian of the Senate. All (1) Joint Resolutions shall be limited to constitutional amend- nominees shall file the financial statements required pursuant to 65 ments and shall be adopted by a vote of a majority of the Senators Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) elected to the Senate. with the Secretary-Parliamentarian of the Senate. Copies of the nomina- (2) A Joint Resolution when passed by both Houses shall not tions and financial statements shall be furnished by the Secretary-Parlia- be transmitted to the Governor for approval or disapproval but shall be mentarian of the Senate to the Majority and Minority Caucus Secretar- filed in the Office of the Secretary of the Commonwealth in accordance ies or their designees. with Article XI, Section 1 of the Constitution of Pennsylvania. (2) Nominations shall, after being read, without a motion, be Rule 30. General access to the Senate Floor prohibited. referred by the presiding officer to the Committee on Rules and Execu- The Secretary-Parliamentarian of the Senate shall cause the doors tive Nominations. After having been reported by the committee, the to the Senate Floor to be closed to all persons except those who are final question on every nomination shall be: "Will the Senate advise and entitled to access under the Rules of the Senate. On days when the Sen- consent to this nomination?" ate is not in session, access to the Senate Floor by any person not con- (3) The Chair of the Committee on Rules and Executive Nom- nected with the Senate is prohibited. Other than the Senator, no person inations shall designate an appropriate standing committee of the Senate shall be permitted to occupy the seat of a Senator at any time. to conduct a public hearing for nominees that have Statewide jurisdic- Rule 31. Veto. tion and to which salaries are attached. The Committee on Rules and (a) Passing over veto.--When any bill is not approved by the Gov- Executive Nominations shall refer those nominees to the designated ernor, he shall return it with his objection to the House in which such committee for the purpose of holding a public hearing to scrutinize the bill originated. Thereupon such House shall enter the objections upon qualifications of nominees and to report back its recommendations. their Journal and proceed to reconsider it. If after such reconsideration, Public hearings may be held for nominees for any other office. two-thirds of all the Members elected to that House shall agree to pass (b) Information concerning nominations.--All information, com- the bill, it shall be sent with the objections to the other House by which munication or remarks made by a Senator when acting upon nomina- likewise it shall be reconsidered, and, if approved by two-thirds of all tions in committee, concerning the character or qualifications of the the members elected to that House, it shall become a law. (Const. Art. person nominated, may be kept confidential. If, however, charges shall 4, Sec. 15) be made against a person nominated, the committee may, in its discre- (b) Consideration during second regular session.--A bill vetoed in tion, notify the nominee, but the name of the person making such a first regular session and not finally acted upon may be brought up for charges shall not be disclosed. consideration in a second regular session. (c) Consideration.--When the consideration of executive nomina- Rule 32. Division of a question. 2013 LEGISLATIVE JOURNAL — SENATE 27

Any Senator may call for a division of a question by the Senate if of the members of the committee, the committee shall determine the question includes points so distinct and separate that, one of them whether to proceed with a formal investigation, which may include being taken away, the other will stand as a complete proposition. The hearings. In the event that the committee vote is equally divided, the motion to strike out and insert is indivisible. question falls. If the committee does not decide to proceed to a formal Rule 33. Coordination with other Senate Rules. investigation, the Chair shall notify the complainant and the subject Any use of Senate resources or time shall be governed by the Fi- Senator of the disposition of the complaint and shall summarize the nancial Operating Rules and the Ethical Conduct Rules of the Senate. committee's rationale for its conclusion. Rule 34. Committee on Ethics. (g) Confidentiality.--Prior to the commencement of a formal inves- (a) Composition.--In addition to the committees created by Rule tigation, the fact that a preliminary investigation is being conducted or 14, there shall be a Senate Committee on Ethics which shall be com- is to be conducted shall be confidential information. If, however, the posed of six members appointed by the President Pro Tempore. Three filing of a complaint or a preliminary investigation is made public by members shall be of the Majority Party and three members shall be of the complainant, the committee may publicly confirm the receipt of a the Minority Party. The Minority Party members will be appointed on complaint. the recommendation of the Minority Leader. (h) Indictment.--When an indictment is returned against a member (b) Organization.--The Senate Committee on Ethics shall be orga- of the Senate, and the gravamen of the indictment is directly related to nized as follows: the ethical conduct of a Senator in violation of a Senate Rule, statute or (1) The President Pro Tempore shall appoint one of the Major- constitutional provision governing the ethical conduct of a Senator, the ity Party members as Chair and, on the recommendation of the Minority Senate Ethics Committee shall not initiate any new investigation, and Leader, one of the Minority Party members as Vice-Chair. A quorum shall suspend any ongoing investigation, initiated pursuant to this Rule for this committee shall be four members and the committee shall have until the subject matter of the indictment that relates to the Senator's such duties, powers, procedure and jurisdiction as are prescribed and alleged unethical conduct is resolved. authorized in this Rule. (i) Alternative procedure.--In addition to action on formal com- (2) The chair shall notify all members of the committee at plaints as provided in subsection (c), a majority of the members of the least 24 hours in advance of the date, time and place of a meeting. Senate Committee on Ethics may initiate a preliminary investigation of Whenever the chair shall refuse to call a meeting, a majority of the suspected unethical conduct in violation of a Senate Rule, statute or committee may call a meeting by giving two days' written notice to the constitutional provision governing the ethical conduct of a Senator. If Majority Leader and the Minority Leader of the Senate setting forth the it is determined by a majority of the members of the committee that a time and place for such meeting. A meeting commenced in this manner violation may have occurred, the Senator in question shall be notified shall be held at the time and place specified in the notice. in writing of the alleged unethical conduct in question and the Rule, (3) Except as provided in subsection (j), all meetings of the statute or constitutional provision allegedly violated. Within 15 days of committee shall be open to the public and notice of such meetings shall the receipt of this information, the Senator may file a written answer be given as generally provided in these rules for the convening of com- with the committee. The lack of an answer shall not be deemed to be an mittees. admission or create an inference or presumption that the complaint is (4) The committee may adopt rules of procedure for the or- true. The lack of an answer shall not prohibit a majority of the members derly conduct of its affairs, investigations, hearings and meetings, which of the committee from either proceeding with a formal investigation or rules are not inconsistent with this Rule. dismissing the complaint. The committee shall have 30 days from the (c) Receipt of complaint.--The committee shall receive complaints date that receipt of the answer to the complaint is to be provided to against any Senator alleging unethical conduct in violation of a Senate complete its preliminary investigation. For good cause, a majority of the Rule, statute or constitutional provision governing the ethical conduct members of the committee may vote to grant an additional 30 days to of a Senator. Any complaint filed with the committee shall: complete the committee's review. Upon conclusion of the preliminary (1) be submitted in writing; investigation, by vote of a majority of the members of the committee, (2) be sworn or affirmed by the person filing the complaint; the committee shall determine whether to proceed with a formal investi- and gation, which may include hearings. In the event that the committee (3) detail the alleged unethical conduct in question and specify vote is equally divided, the question falls. the Rule, statute or constitutional provision allegedly violated. (j) Closed session.--The committee shall conduct its preliminary (d) Review of complaint.--Upon receipt of a complaint that con- investigations, hearings and meetings related to a specific investigation forms with all the requirements of this Rule, the Senate Committee on or a specific Senator in closed session unless the Senator subject to Ethics shall review the complaint and determine whether or not a pre- investigation advises the committee in writing that he or she wants such liminary investigation is warranted within 30 days of receiving the meetings or hearings to be held publicly. In the event that the Senator complaint. For good cause, a majority of the members of the committee in question makes such a request, the committee shall furnish the Sena- may vote to grant an additional 30 days to complete the committee's tor with a public meeting or hearing. review. A frivolous or de minimis complaint may be dismissed by a (k) Formal investigation.--In the event that the Senate Committee majority of the members of the committee, with prejudice. The chair on Ethics shall elect to proceed with a formal investigation of alleged shall notify the complainant and the subject Senator of the disposition unethical conduct by a Senator, the committee may employ an inde- of a dismissed complaint. pendent counsel to conduct a formal investigation. The committee and (e) Disposition of complaints.--If it is determined by a majority of any independent counsel employed by the committee shall comply with the members of the Senate Committee on Ethics that an ethical conduct the following procedural requirements at all stages of the investigation: violation may have occurred, the Senator against whom the complaint (1) The Chair of the Senate Committee on Ethics may con- has been brought shall be notified in writing and given a copy of the tinue any hearing for reasonable cause. Upon the vote of a majority of complaint. Within 15 days after receipt of the complaint, the Senator the members of the committee, or upon the request of the Senator sub- may file a written answer to the complaint with the committee. If no ject to investigation, the Chair shall issue subpoenas for the attendance answer is filed, the complaint shall be deemed denied by the subject and testimony of witnesses and the production of documentary evidence Senator. The lack of an answer shall not be deemed to be an admission relating to any matter under formal investigation by the committee. The or create an inference or presumption that the complaint is true. The Chair of the committee may administer oaths or affirmations, examine lack of an answer shall not prohibit a majority of the members of the and receive evidence, or rule on any objections raised during the course committee from either proceeding with a formal investigation or dis- of a hearing. missing the complaint. (2) All testimony, documents, records, data, statements or (f) Preliminary investigation.--The committee shall have 30 days information received by the committee in the course of any preliminary from the date that receipt of the answer to the complaint is to be pro- or formal investigation shall be private and confidential except in the vided to complete its preliminary investigation. For good cause, a ma- case of public meetings or hearings or in a report to the Senate. jority of the members of the committee may vote to grant an additional (3) All constitutional rights of any Senator under investigation 30 days to complete the committee's review. The committee may em- shall be preserved, and the Senator shall be entitled to present evidence, ploy an independent counsel to conduct a preliminary investigation. cross-examine witnesses, face the accuser and be represented by coun- Upon conclusion of the preliminary investigation, by vote of a majority sel. 28 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

(4) An oath or affirmation shall be executed in writing before by the committee pursuant to this Rule shall be paid by the Chief Clerk any member of the committee, any independent counsel employed by upon submission of vouchers and necessary documentation. The vouch- the committee to conduct a preliminary or formal investigation, or any ers shall be signed by both the chair and vice-chair of the committee. employee of the Senate related to the investigation may have access to Included in such allowable expense items shall be travel and per diem information that is confidential under the rules of the committee as for the members of the committee. The Chief Clerk shall pay such ex- follows: penses out of funds appropriated to the Chief Clerk for incidental ex- "I do solemnly swear or affirm that I will not disclose, to any penses. person or entity outside of the Senate Ethics Committee, any Rule 35. Status of members indicted or convicted of a crime. information received in the course of my service with the com- (a) Status generally.--When an indictment is returned against a mittee, except as authorized by the committee or in accordance member of the Senate, and the gravamen of the indictment is directly with the Rules of the Senate." related to the Senator's conduct as a committee chair, ranking minority Copies of the executed oath or affirmation shall be provided to the committee member or in a position of leadership, the Senator shall be Secretary-Parliamentarian of the Senate as part of the records of the relieved of such committee chairmanship, ranking minority committee Senate. Any Senator or other person who violates the confidentiality member status, or leadership position until the indictment is disposed requirements of this subsection shall be removed immediately from the of, but the member shall otherwise continue to function as a Senator, committee and replaced by another Senator, counsel or employee of the including voting, and shall continue to be paid. Senate appointed in like manner as the person's original appointment or (b) Restoration.--If, during the same legislative session, the indict- selection. ment is quashed, or the court finds that the Senator is not guilty of the (l) Report.--No report regarding unethical conduct by a Senator offense alleged, the Senator shall immediately be restored to the com- shall be made to the Senate unless a majority of the members of the mittee chairmanship, ranking minority committee member status, or Senate Ethics Committee determine that a finding of unethical conduct leadership position retroactively from which that Senator was sus- in violation of a Senate Rule, statute or constitutional provision govern- pended. ing the ethical conduct of a Senator has occurred. No finding of unethi- (c) Resolution of expulsion.--Upon a finding or verdict of guilt by cal conduct by a Senator in violation of a Senate Rule, statute or consti- a judge or jury, a plea or admission of guilt or plea of nolo contendere tutional provision governing the ethical conduct of a Senator adopted of a crime by a member of the Senate, the gravamen of which relates to by the Senate Committee on Ethics shall be valid unless signed by at the member's conduct as a Senator, and upon imposition of sentence, least a majority of the members of the committee. Any such report may the Secretary-Parliamentarian of the Senate shall prepare a resolution include a minority report. A report adopted by the committee that con- of expulsion under session, which shall appear on the Calendar on the tains findings of unethical conduct by a Senator in violation of a Senate next legislative session day following an imposition of sentence based Rule, statute or constitutional provision governing the ethical conduct upon a determination of guilt or a plea of nolo contendere. of a Senator shall not be filed with the Secretary-Parliamentarian of the Rule 36. Status of officers or employees indicted or convicted of a Senate or released to the public until at least seven days after a copy of crime. the report is sent by certified mail to the Senator under investigation. (a) Suspension.--Whenever any officer or employee of the Senate (m) Distribution of report.--After the expiration of the seven-day is indicted or otherwise charged before a court of record with the com- notice requirement contained in subsection (l), the Senate Ethics Com- mission of a felony or a misdemeanor, the gravamen of which relates mittee shall file its report with the Secretary-Parliamentarian of the to the officer's or employee's conduct or status as an officer or employee Senate, who shall cause a copy of the report of the committee to be of the Commonwealth or the disposition of public funds, such employee distributed to the members of the Senate. The report of the Senate Eth- shall immediately be suspended without pay and benefits by the Chief ics Committee shall be placed on the Senate Calendar and shall be acted Clerk. After a finding or a verdict of guilt by a judge or a jury, plea or on by the Senate within ten legislative days of the adoption of a tempo- admission of guilt, or plea of nolo contendere, and upon imposition of rary rule setting forth rules of procedure for the orderly disposition of sentence, the employment shall be terminated. the report by the full Senate. A vote by a majority of the members (b) Termination of suspension.--If the indictment is quashed, or the elected to the Senate shall be necessary to adopt each finding set forth court finds that the officer or employee is not guilty of the offense al- in the Ethics Committee Report. leged, the suspension without pay shall be terminated, and the officer (n) Sanction.--Should the full Senate vote to adopt an unethical or employee shall receive compensation for the period of time during conduct finding against a Senator as set forth in the Ethics Committee which the officer or employee was suspended which compensation shall Report, that Senator may be subject to sanction by the full Senate. A be reduced by the amount of any compensation said officer or employee sanction may include any of the following depending on the circum- earned from other employment during the period of suspension. stances of the violation: (c) Appeal.--If the officer or employee or the supervising Senator (1) a warning; of such employee disagrees with the decision of the Chief Clerk as to (2) a written reprimand; whether an indictment for particular conduct shall be a crime requiring (3) restitution for damages; or suspension or dismissal, the officer or employee in question or the su- (4) any other sanction provided for under the Rules of the pervising Senator may appeal the suspension to the Committee on Eth- Senate of Pennsylvania or the Constitution of Pennsylvania. ics, which shall determine whether the conduct charged is an offense (o) Advisory opinion.--The Senate Committee on Ethics, at the requiring suspension. Whenever an appeal of a suspension shall be request of a Senator or officer who has an ethical question or concern taken to the committee, the suspension shall remain effective pending regarding the Senate Rules individually or in conjunction with others, a decision by the committee. may issue an advisory opinion seeking to clarify the ethical require- Rule 37. Affiliation with nonprofit entities. ments of the Senate Rules. These advisory opinions, with such deletions (a) Requirements.--In order for a Senator or a Senate employee, and changes as shall be necessary to protect the identity of the persons including a family member of that Senator or Senate employee, to be involved or seeking them, may be published and shall be distributed to affiliated with a nonprofit entity, that nonprofit entity must meet all of all members, officers and employees of the Senate. No action regarding the following: unethical conduct may be taken against a Senator, officer or employee, (1) Have a formally established board of directors with at least who has relied on a written advisory opinion, whether directly ad- four members that is fully accountable for the nonprofit entity's overall dressed to that person or not, which is reasonably construed as being operation. applicable to the conduct in question. (2) Have a written set of bylaws or rules, approved by its (p) Committee member under investigation.--In the event that a board of directors, which establishes its composition and governance member of the Senate Ethics Committee shall be under investigation, process. that Senator shall be temporarily replaced on the committee in a like (3) Require official action of the board of directors to be ap- manner as the Senator's original appointment. proved and executed in a manner consistent with its bylaws or rules. (q) Costs and expenses.--Whenever the committee shall employ (4) Not receive grant funding directly from the Common- independent counsel to conduct a preliminary or formal investigation wealth that comprises its sole source of operational funding. or shall incur other expenses pursuant to its duties under this rule, pay- (b) Prohibitions.--A Senator or Senate employee, including a fam- ment of costs of such independent counsel or other expenses incurred ily member of that Senator or Senate employee, who is affiliated with 2013 LEGISLATIVE JOURNAL — SENATE 29 a nonprofit entity, may not do any of the following with regard to a nonprofit entity with which that Senator or Senate employee, including (e) (5) a family member of that Senator or Senate employee, is affiliated: (1) Exercise sole and unilateral control of a final action of the (f) (6) nonprofit entity regarding allocation or disbursement of grant funding that the nonprofit entity receives directly from the Commonwealth. 2. (b) (2) Direct a Senate employee to staff or provide services to the (a) nonprofit entity as a condition of employment. VI Rule 6 (3) Direct the personnel or other resources of the nonprofit 1. (a) entity for the benefit of a Senator's campaign. 2. (b) (4) Commingle funds from a Senate district office allowance (a) (1) or any other Senate expense account with the funds of the nonprofit entity with the knowledge and intent that those funds are to be used for (b) (2) the direct reimbursement of expenses incurred by that nonprofit entity. (5) Maintain a Senate district office within or contiguous to 3. (c) the same office as the nonprofit entity. (a) (1) (c) Applicability.--A Senator or a Senate employee, including a family member of that Senator or Senate employee, shall not be subject (1) (i) to the requirements of this Rule if the affiliated nonprofit entity receives no grant funding directly from the Commonwealth. (2) (ii) (d) Training.--To assure compliance with this Rule by Senators and Senate employees, appropriate training measures shall be imple- (3) (iii) mented by the Senate. Training shall be provided annually for all Sena- OLD RULE NEW RULE tors and Senate employees. (e) Definitions.--As used in this Rule, the following words and (4) (iv) phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise: (5) (v) "Affiliated." Serving: (1) as an officer of a nonprofit entity; (b) (2) (2) on the board of directors of a nonprofit entity; (3) as a paid employee of a nonprofit entity; or (c) (3) (4) as a contractor of a nonprofit entity. "Family member." A spouse or child. (d) (4) "Nonprofit entity." An entity that is qualified by the Internal Reve- nue Service as meeting the requirements of section 501(c) of the Inter- (e) (5) nal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)). (f) (6) APPENDIX TRANSITIONAL PROVISIONS (g) (7) OLD RULE NEW RULE 4. (8) I Rule 1 Regular and special (a) 5. (9) Weekly (b) II Rule 2 VII Rule 7 III Rule 3 1. (a) 1. 2. (b) (a) (1) VIII Rule 8 1. (b) (2) (a) (1) (c) (3) (b) (2) (d) (4) (c) (3) (e) (5) (d) (4) (f) (6) (e) (5) (g) (7) (f) (6) IV Rule 4 1. (g) (7) (a) (a) (b) (b) (h) (8) V Rule 5 1. (a) (I) (9) (a) (1) (j) (10) (b) (2) IX Rule 9 (c) (3) 1. (a) Sp. order/business (d) (4) 2. (b) 30 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

X Rule 10 Motion to take from table (i) Recognition (a) Reconsideration (j) Avoiding personal references (b) (1) Speaking out of order (c) Speaking more than twice (d) (2) Decorum (e) Order and privilege (f) (3) Questions of order (g) Questions when interrupted (h) (4) Use of tobacco products (i) Cell phones (j) (5) XI Rule 11 Putting a motion (a) XII Rule 12 Precedence of motions (b) Passage of bills (a) 1. (1) 1.

2. (2) (a) (1)

3. (3) (b) (2)

4. (4) Reference and printing (b) 2. OLD RULE NEW RULE OLD RULE NEW RULE

5. (5) Form of bills (c) 3. 6. (6) Consideration of bills (d) 7. (7) 4. Local and special bills (e) 8. (8) 5. Revenue bills (f) 9. (9) 6. Appropriation bills (g) 10. (10) 7. (a) (1) 11. (11) (b) (2) 12. (12) Charitable and educational approps. (h) Nondebatable motions (c) 8. 1. (1) Land transfer legislation (I) 8.1. (1) 2. (2) 8.2. (2) 3. (3) Consideration - Second reg. Sess. (j) 4. (4) 9. Introduction (k) 5. (5) 10. Character of bills to be introduced (l) 6. (6) 11. Printing of amended bills (m) 7. (7) 12. (1)

Motions/limited debate (d) (2) 4. (1) First consideration (n) 5. (2) 13.

6. (3) Second consideration (o) 14. Seconding motions (e) Recessing and convening (f) Third consideration and final passage (p) (a) (1) 15. (1)

(b) (2) (a) (i)

(c) (3) (b) (ii)

(d) (4) (b.1) (iii)

Motion for previous question (g) (b.2) (iv) Motion to lay on table (h) 2013 LEGISLATIVE JOURNAL — SENATE 31

16. (2) (c) (iii)

(a) (i) 7. (2)

(b) (ii) Bills recommitted (f) 8. Prefiling of bills and resolutions (q) Public meetings or hearings (g) 17. 9. (1)

Normal filing of bills and resolutions (r) (a) (i) 18. (b) (ii) Referral to committee by Pres. pro temp (s) 19. 10. (2) XIII Rule 13 When in order (a) Quorum of committee (h) 1. (1) 11. Quorum of subcommittee (i) 2. (2) 12. Discharging committees (j) 3. (3) 13. (a) (1) OLD RULE NEW RULE OLD RULE NEW RULE

Amendments/reconsider-revert (b) (b) (2) 4. XV Rule 15 Concurrence in House amendments (c) Chair--ex-officio (a) 5. (1) 1. Calling committee to order (b) (a) (i) 2. Chair control of committee room (c) (b) (ii) 3. Authority of chair (d) 6. (2) 4. Vote of chair, vice-chair (e) (a) (i) 5. Performance of duty by vice-chair (f) (b) (ii) 6. Chair's duty to report (g) XIV Rule 14 7. Standing committees (a) XVI Rule 16 1. (1) Members, attendance, voting 1. (1) Subcommittees 2. (2) 2. (2) 3. (3) Members--ex-officio (b) 3. XVII Rule 17 Taking the vote (a) (1) 1. (1) (b) (2) 2. (2) (c) (3) XVIII Rule 18 Committee function between sess. (c) 1. 4. XIX Rule 19 Powers and responsibilities (d) 1. (a) 5. 2. (b) (a) (1) Report of Conference Committee (c) 3. (b) (2) (a) (1)

(c) (3) (b) (2)

Notice of meetings (e) Adoption/Report of Conf. Committee (d) 6. (1) 4. XX Rule 20 (a) (i) Senators must be present (a) 1. (b) (ii) Voting required (b) 2. 32 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

Capitol leave (1) Scope of video and audio feeds (d) 7. (1) (a) Legislative leave (2) 8. (2)

(b) 9. (3) Military leave (3) 10. (4) (c) Personal leave (4) Restrictions/video and audio fees (e) 11. (1) (d) Excused from voting (c) 12. (2) 3. (a) (1) 13. (3)

(b) (2) 14. (4)

Changing vote (d) 15. (5) 4. Other recording prohibited (f) Persons at desk during roll call (e) 16. (1) OLD RULE NEW RULE OLD RULE NEW RULE

5. 17. (2)

Two-thirds vote (f) Violations (g) 6. 18. Majority vote defined (g) 7. Official record (h) Majority vote (h) 19. 8. Announcement of vote (i) XXIV Rule 24 9. 1. (a) Explanation of vote (j) Rear entrance closed during sess. (b) 10. 2. Tie vote (k) 11. Telephone facilities (c) Verifying vote (l) 3. 12. Voice vote (m) XXV Rule 25 13. 1. (a) XXI Rule 21 Dispensing with rules (b) Admission to Senate press gallery (a) 2. 1. Photographs in Senate chamber (b) Altering vote (c) 2. (1) 3.

3. (2) Altering resolution (d) 4. Order and decorum of press (c) 4. (1) XXVI Rule 26 1. 5. (2) XXVII Rule 27 XXII Rule 22 Majority constitutes quorum (a) 1. (a) 1. 2. (b) XXIII Rule 23 Presence of less than a quorum (b) Responsibilities of chief clerk (a) 2. 1. (1) Voting by less than a quorum (c) 2. (2) 3.

3. (3) XXVIII Rule 28 Presentation and reference (a) Sessions provided free of charge (b) 1. (1) 4. (1) 2. (2) 5. (2) 3. (3) Funding (c) 6. Information concerning nominations (b) 4. 2013 LEGISLATIVE JOURNAL — SENATE 33

(d) (4) Consideration (c) 5. 12. (l) 13. (m) Executive session (d) 14. (n) 6. 15. (o) 16. (p) Reconsideration (e) 17. (q) 7. XXXV Rule 35 1. (a) XXIX Rule 29 2. (b) Introduction (a) 3. (c) 1. XXXVI Rule 36 1. (a) Consideration (b) 2. (b) 2. 3. (c) XXXVII Rule 37 (a) (1) Requirements and prohibitions

(b) (2) 1. (a) (a) (1) (c) (3) OLD RULE NEW RULE OLD RULE NEW RULE

Printing in Senate History (c) (b) (2) 3. (1) (c) (3) 4. (2) (d) (4) Joint resolutions (d) 5. (1) 2. (b) (a) (1) (2) (b) (2) XXX Rule 30 1. (c) (3)

XXXI Rule 31 (d) (4) Acting over veto (a) 1. (e) (5)

2. (b) 3. (c) XXXII Rule 32 4. (d) 1. Definitions

XXXIII Rule 33 1. (e) 1. ANNOUNCEMENT OF MAJORITY XXXIV Rule 34 1. (a) AND MINORITY LEADERSHIP 2. (b) (a) (1) The PRESIDENT. The Chair has been informed by the Ma- jority Caucus that they have elected: as Majority Leader, Senator (b) (2) Pileggi of Delaware County; as Whip, Senator Browne of Lehigh County; as Caucus Chairman, Senator Waugh of York County; (c) (3) as Caucus Secretary, Senator Robbins of Mercer County; as Ap- (d) (4) propriations Chairman, Senator Corman of Centre County; as Caucus Administrator, Senator Gordner of Columbia County; as 3. (c) Policy Committee Chair, Senator Erickson of Delaware County. 4. (d) The Chair has also been informed by the Minority Caucus that 5. (e) 6. (f) they have elected the following: as Minority Leader, Senator 7. (g) Costa of Allegheny County; as Whip, Senator Williams of Phila- 8. (h) delphia County; as Caucus Chairman, Senator Kasunic of 9. (i) Fayette County; as Caucus Secretary, Senator Tartaglione of 10. (j) 11. (k) Philadelphia County; as Appropriations Chairman, Senator (a) (1) Hughes of Philadelphia County; as Caucus Administrator, Sena- tor Fontana of Allegheny County; as Policy Committee Chair, (b) (2) Senator Boscola of Northampton County; as Appropriations Vice (c) (3) Chairman, Senator Ferlo of Allegheny County. 34 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

STATEMENT BY THE PRESIDENT In the Senate, January 1, 2013

The PRESIDENT. We are now ready to notify the House that RESOLVED, That the thanks of the Senate is hereby tendered to the Senate is organized. Pastor Martin D. Odom for his services as Chaplain of the Senate this day. SENATE RESOLUTION THANKS OF SENATE TENDERED TO THE NOTIFICATION TO THE HOUSE HONORABLE RENEE COHN JUBELIRER FOR ADMINISTERING THE OATH OF OFFICE TO Senator VULAKOVICH, by unanimous consent, offered the THE PRESIDENT PRO TEMPORE AND following resolution, which was read, considered, and adopted OFFICERS OF THE SENATE by voice vote: In the Senate, January 1, 2013 Senator WARD, by unanimous consent, offered the following resolution, which was read, considered, and adopted by voice RESOLVED, That a committee of three Senators be appointed to vote: inform the House of Representatives that the Senate is organized in Regular Session and ready to proceed to business. In the Senate, January 1, 2013

RESOLVED, That the thanks of the Senate is hereby tendered to APPOINTMENT OF COMMITTEE The Honorable Renee Cohn Jubelirer, Judge, Commonwealth Court of TO NOTIFY THE HOUSE Pennsylvania, for her services in qualifying the newly-elected and re- elected Republican Senators and Officers. The PRESIDENT. Pursuant to the resolution just adopted, the Chair wishes to announce the following committee to notify the THANKS OF THE SENATE TENDERED TO House that the Senate is organized: the gentleman from Colum- THE HONORABLE CHRISTINE L. DONOHUE FOR bia, Senator Gordner, as chairman; the gentlewoman from Cum- ADMINISTERING THE OATH OF OFFICE TO berland, Senator Vance; and the gentleman from Allegheny, NEWLY-ELECTED DEMOCRATIC SENATORS Senator Smith. The committee will leave immediately to discharge its duties. Senator TEPLITZ, by unanimous consent, offered the follow- ing resolution, which was read, considered, and adopted by voice SENATE RESOLUTION vote: NOTIFICATION TO HIS EXCELLENCY THE GOVERNOR In the Senate, January 1, 2013 RESOLVED, That the thanks of the Senate is hereby tendered to Senator WAUGH, by unanimous consent, offered the follow- The Honorable Christine L. Donohue, Judge of the Superior Court of ing resolution, which was read, considered, and adopted by voice Pennsylvania, for her services in qualifying the newly-elected and re- vote: elected Democratic Senators.

In the Senate, January 1, 2013 Senators KITCHEN, FARNESE, TEPLITZ, STACK, RESOLVED, That a committee of three Senators be appointed to KASUNIC, GREENLEAF, ERICKSON, WILLIAMS, inform His Excellency, the Governor of the Commonwealth of Pennsyl- VULAKOVICH, FONTANA, HUGHES, WASHINGTON, vania, that the Senate is convened and organized in Regular Session and PILEGGI, TARTAGLIONE, YUDICHAK, SMITH, ready to receive any communications he may be pleased to make. BREWSTER, SCHWANK, D. WHITE, FERLO, APPOINTMENT OF COMMITTEE EICHELBERGER, RAFFERTY, SOLOBAY, WAUGH, TO NOTIFY THE GOVERNOR COSTA, DINNIMAN, BAKER and ALLOWAY, by unanimous consent, offered Senate Resolution No. 4, entitled: The PRESIDENT. Pursuant to the resolution just adopted, the Chair wishes to announce the following committee to notify the A Resolution designating the week of January 21 through 27, 2013, Governor that the Senate is organized: the gentleman from Bea- as "Martin Luther King, Jr., Holiday Week." ver, Senator Vogel, as chairman; the gentleman from Lycoming County, Senator Yaw; the gentleman from Erie, Senator Wiley. On the question, The committee will leave immediately to discharge its duties. Will the Senate adopt the resolution? SENATE RESOLUTIONS ADOPTED The PRESIDENT. The Chair recognizes the gentlewoman from Philadelphia, Senator Kitchen. THANKS OF SENATE TENDERED TO Senator KITCHEN. Mr. President, born on January 15, 1929, PASTOR MARTIN D. ODOM FOR HIS PRAYER Dr. King followed in his father's and grandfather's footsteps by becoming a Baptist minister. He also earned a doctorate degree Senator HUTCHINSON, by unanimous consent, offered the from Boston University. Dr. King recognized that everyone de- following resolution, which was read, considered, and adopted served equal rights and used the power of the pulpit and his by voice vote: knowledge as a scholar to become a leading force in the Civil 2013 LEGISLATIVE JOURNAL — SENATE 35

Rights movement. At the age of 26, as the young pastor of Dex- Ordered, That the Secretary of the Senate present the same to ter Avenue Baptist Church in Montgomery, Alabama, he led a the House of Representatives for concurrence. citywide boycott of the city's segregated bus system. This action led to a United States Supreme Court decision forcing segrega- SENATE RESOLUTION tion of buses. Throughout the 1950s and 1960s, he worked tire- TELLER TO COMPUTE AND COUNT VOTES FOR lessly to end segregation and encourage racial harmony among GOVERNOR AND LIEUTENANT GOVERNOR everyone. Although he was threatened, beaten, arrested, and jailed, yet he insisted on the use of nonviolent passive resistance Senator MENSCH, by unanimous consent, offered the follow- and civil disobedience. He is most remembered for his historic ing resolution, which was read, considered, and adopted by voice "I Have a Dream" speech on the steps of the Lincoln Memorial vote: following his march on Washington, D.C., in 1963. Dr. King is one of our most celebrated figures. This is why I urge my col- In the Senate, January 1, 2013 leagues to support this resolution designating the week of Janu- RESOLVED, That the gentleman from Blair County, Senator ary 21 to January 27, as "Martin Luther King, Jr., Holiday Week" Eichelberger, be appointed Teller on the part of the Senate, for the pur- in Pennsylvania. pose of witnessing the opening, computing, and counting of the votes Thank you, Mr. President. for Attorney General, Auditor General and State Treasurer. COMMUNICATIONS FROM THE GOVERNOR And the question recurring, Will the Senate adopt the resolution? NOMINATIONS REFERRED TO COMMITTEE A voice vote having been taken, the question was determined in the affirmative. The PRESIDENT laid before the Senate the following com- munications in writing from His Excellency, the Governor of the SENATE CONCURRENT RESOLUTION Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: WEEKLY RECESS MEMBER OF THE STATE BOARD Senator PILEGGI offered the following resolution, which was OF BARBER EXAMINERS read, considered, and adopted by voice vote: December 3, 2012 In the Senate, January 1, 2013 To the Honorable, the Senate of the Commonwealth of Pennsylvania: RESOLVED, (the House of Representatives concurring), Pursuant In conformity with law, I have the honor hereby to nominate for the to Article II, Section 14, of the Pennsylvania Constitution, that when the advice and consent of the Senate, Stephanie Moore, 349 Orchard Road, Senate recesses this week, it reconvene on Tuesday, January 22, 2013, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, unless sooner recalled by the President Pro Tempore of the Senate; and for appointment as a member of the State Board of Barber Examiners, be it further to serve for a term of three years and until her successor is appointed RESOLVED, Pursuant to Article II, Section 14 of the Pennsylvania and qualified, but not longer than six months beyond that period, vice Constitution, that when the House of Representatives recesses this Wade Lipscomb, Pittsburgh, whose term expired. week, it reconvene on Monday, January 14, 2013, unless sooner re- called by the Speaker of the House of Representatives; and be it further RESOLVED, Pursuant to Article II, Section 14 of the Pennsylvania Governor Constitution, that when the House of Representatives recesses the week of Monday, January 14, 2013, it reconvene on Tuesday, January 22, MEMBER OF THE STATE BOARD OF CHIROPRACTIC 2013, unless sooner recalled by the Speaker of the House of Representa- tives. December 3, 2012

Ordered, That the Secretary of the Senate present the same to To the Honorable, the Senate the House of Representatives for concurrence. of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the JOINT SESSION advice and consent of the Senate, Bryan Troop, 2 South Market Street, Apartment 205, Elizabethtown 17022, Lancaster County, Forty-eighth Senator GREENLEAF, by unanimous consent, offered the Senatorial District, for appointment as a member of the State Board of following resolution, which was read, considered, and adopted Chiropractic, to serve for a term of four years or until his successor is by voice vote: appointed and qualified, but not longer than six months beyond that period, vice Steven Karp, D.C., Garnet Valley, resigned. In the Senate, January 1, 2013 TOM CORBETT Governor RESOLVED, (the House of Representatives concurring), That the Senate and House of Representatives meet in Joint Session on Tuesday, MEMBER OF THE STATE BOARD January 1, 2013 in the Hall of the House of Representatives for the OF OSTEOPATHIC MEDICINE purpose of witnessing the opening, counting and computing of the offi- cial returns of the election for Attorney General, Auditor General, and December 3, 2012 State Treasurer, held on Tuesday, November 6, 2012, in the several counties of the Commonwealth. To the Honorable, the Senate of the Commonwealth of Pennsylvania: 36 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

SECRETARY OF HEALTH In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Mike Downing, 123 Stanford Court, Mechanicsburg 17050, Cumberland County, Thirty-first Senatorial December 31, 2012 District, for appointment as a member of the State Board of Osteopathic Medicine, to serve for a term of four years or until his successor is ap- To the Honorable, the Senate pointed and qualified, but not longer than six months beyond that pe- of the Commonwealth of Pennsylvania: riod, vice Linda Meyer, Central City, whose term expired. In conformity with law, I have the honor hereby to nominate for the TOM CORBETT advice and consent of the Senate, Mike Downing, 123 Stanford Court, Governor Mechanicsburg 17050, Cumberland County, Thirty-first Senatorial District, for appointment as Secretary of Health, to serve until the third MEMBER OF THE STATE BOARD OF EXAMINERS Tuesday of January 2015, and until his successor is appointed and quali- IN SPEECH-LANGUAGE AND HEARING fied, vice The Honorable Dr. Eli N. Avila, Albany, New York, resigned.

December 3, 2012 TOM CORBETT Governor To the Honorable, the Senate of the Commonwealth of Pennsylvania: GENERAL COMMUNICATIONS In conformity with law, I have the honor hereby to nominate for the ANNUAL REPORT OF THE FIREARM advice and consent of the Senate, Bryan Troop, 2 South Market Street, Apartment 205, Elizabethtown 17022, Lancaster County, Forty-eighth EDUCATION AND TRAINING COMMISSION Senatorial District, for appointment as a member of the State Board of Examiners in Speech-Language and Hearing, to serve for a term of The PRESIDENT laid before the Senate the following com- three years and until his successor is appointed and qualified, but not munication, which was read by the Clerk as follows: longer than six months beyond that period, vice Dr. Sean Campbell, York, whose term expired. COMMONWEALTH OF PENNSYLVANIA TOM CORBETT Pennsylvania Firearm Education and Training Commission Governor September 1, 2012

MEMBER OF THE STATE BOARD OF PODIATRY Section 5 (6) of the County Probation and Parole Officers’ Firearm Education and Training Law (Act Number 1994-158), which created the December 20, 2012 County Probation and Parole Officers’ Firearm Education and Training Commission (FETC), provides for the issuance of: “...an annual report To the Honorable, the Senate to the Governor and to the General Assembly concerning: (I) the ad- of the Commonwealth of Pennsylvania: ministration of the program; and (ii) the activities of the commission together with any recommendations for executive or legislative ac- In conformity with law, I have the honor hereby to nominate for the tions.” advice and consent of the Senate, Mike Downing, 123 Stanford Court, Section 5 (16) of the County Probation and Parole Officers’ Fire- Mechanicsburg 17050, Cumberland County, Thirty-first Senatorial arm Education and Training Law (Act Number 1994-158), which cre- District, for appointment as a member of the State Board of Podiatry, ated the County Probation and Parole Officers’ Firearm Education and to serve until November 1, 2015, or until his successor is appointed and Training Commission (FETC), provides for the issuance of: “...reports qualified, but not longer than six months beyond that period, vice to the president judges of the courts of common pleas relating to com- Arvind Cavale, M.D., Holland, resigned. pliance with this act.” This report, which is prepared and submitted in accordance with TOM CORBETT Act 158, contains statistics and data, which are current as of the end of Governor Fiscal Year 2011-12. Respectfully Submitted, MEMBER OF THE APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION KEITH GRAYBILL Chairman

December 31, 2012 TODD BURNS Executive Director To the Honorable, the Senate of the Commonwealth of Pennsylvania: The PRESIDENT. This report will be filed in the Library. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Mike Downing (Voting Member), 123 INDEPENDENT FISCAL OFFICE'S Stanford Court, Mechanicsburg 17050, Cumberland County, Thirty-first FISCAL YEAR 2012-13 AND 2017-18 Senatorial District, for appointment as a member of the Appalachian REVENUE ESTIMATES States Low-Level Radioactive Waste Commission, to serve at the plea- sure of the Governor, vice The Honorable Dr. Eli N. Avila, Albany, New York, resigned. The PRESIDENT laid before the Senate the following com- munication, which was read by the Clerk as follows: TOM CORBETT Governor COMMONWEALTH OF PENNSYLVANIA Independent Fiscal Office Second Floor, Rachel Carson State Office Building Harrisburg, PA 17105 2013 LEGISLATIVE JOURNAL — SENATE 37

November 15, 2012 COMMONWEALTH OF PENNSYLVANIA Pennsylvania Public Utility Commission The Honorable Joseph B. Scarnati, III Harrisburg, Pennsylvania President Pro Tempore Senate of Pennsylvania December 14, 2012 291 Main Capitol Building Harrisburg, PA 17120 Secretary Megan Totino Consedine Senate of Pennsylvania The Honorable Samuel H. Smith 462 Main Capitol Speaker Harrisburg, PA 17120 Pennsylvania House of Representatives 139 Capitol Building Dear Secretary Consedine: Harrisburg, PA 17120 Pursuant to Act 201 of 2004, the Responsible Utility Consumer Dear Sirs: Protection Act, the Commission is required to submit a report reviewing the implementation of Chapter 14 to the Governor, the Chief Clerk of Enclosed please find a copy of the Independent Fiscal Office's the House of Representatives and the Secretary of the Senate two years assessment of the state's current fiscal condition and a projection of after the effective date of the act and every two years thereafter. what the fiscal condition will be during the next five years. The en- Please accept this report as the Commission fulfills its initial re- closed report, entitled The Economic & Budget Outlook: Fiscal Years quirement eight years after the effective date of the act, December 14, 2012-13 and 2017-18, was produced in accordance with 71 Pa.C.S. 2004. §4104. Sincerely, Sincerely, ROBERT F. POWELSON MATTHEW J. KNITTEL Chairman Director The PRESIDENT. This report will be filed in the Library. The PRESIDENT. This report will be filed in the Library. UNDERGROUND STORAGE TANK ANNUAL REPORT ON AUTO INDEMNIFICATION FUND FIVE-YEAR INSURANCE STATISTICS PERFORMANCE REVIEW AND EVALUATION The PRESIDENT laid before the Senate the following com- The PRESIDENT laid before the Senate the following com- munication, which was read by the Clerk as follows: munication, which was read by the Clerk as follows: COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA Insurance Department Insurance Department 1326 Strawberry Square Bureau of Special Funds Harrisburg, PA 17120 901 North 7th Street December 13, 2012 Harrisburg, PA 17102 Honorable Members of the Pennsylvania Senate December 14, 2012 Commonwealth of Pennsylvania Honorable Members of the Pennsylvania General Assembly Harrisburg, PA 17120 Commonwealth of Pennsylvania Re: Pennsylvania Insurance Department's Annual Report Harrisburg, PA 17120 on Section 1723 of Title 75 - Motor Vehicle Financial Respon- Re: Underground Storage Tank Indemnification Fund Performance sibility Law Report filed pursuant to the Storage Tank and Spill Dear Senators: Prevention Act, Act of 1989, P.L. 169, No. 32, Section 708 Pursuant to Section 1723 of Title 75 (Motor Vehicle Financial Dear Senators and Representatives: Responsibility Law), the Insurance Department is pleased to present the I am submitting this report to the General Assembly on behalf of annual report of various automobile insurance statistics. For your con- the Underground Storage Tank Indemnification Board pursuant to the venience the report is attached. Storage Tank and Spill Prevention Act, Act of 1989, P.L. 169, No. 32, Should any questions arise regarding these statistics or if you would Section 708. The Performance Review was conducted by Aon Global like a hard copy of the report, members should feel free to contact me, Risk Consulting (Aon) and is for the 5 year period from 2007 through Executive Deputy Commissioner Randy Rohrbaugh, or our Legislative 2011. For your convenience the report is attached. Aide Audrie Landis at (717) 783-2005. The USTIF Board held its Quarterly Meeting on December 13, Sincerely, 2012, during which Aon presented its report. As a result of the findings of the report, the Board voted unanimously to recommend continuation MICHAEL F. CONSEDINE of the Program. Insurance Commissioner Should any questions arise or if you would like a hard copy of the report, members should feel free to contact me or Audrie Landis, the The PRESIDENT. This report will be filed in the Library. Department's legislative aide, at (717) 783-2005. BIENNIAL REPORT FROM PUBLIC UTILITY Sincerely, COMMISSION PURSUANT TO ACT 201 OF 2004 STEVEN J. HARMAN Executive Director The PRESIDENT laid before the Senate the following com- munication, which was read by the Clerk as follows: The PRESIDENT. This report will be filed in the Library. 38 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

BIENNIAL REPORT OF THE PUBLIC EMPLOYEE Dear Ms. Consedine: RETIREMENT COMMISSION ON In accordance with Section 5723(d) of the Wiretapping and Elec- LOCAL GOVERNMENT PENSION PLANS tronic Surveillance Control Act, 18 Pa.C.S.§5723(d), I forward herewith the required annual report. The PRESIDENT laid before the Senate the following com- munication, which was read by the Clerk as follows: Very truly yours, COMMONWEALTH OF PENNSYLVANIA RONALD D. CASTILLE Public Employee Retirement Commission Chief Justice of Pennsylvania P.O. Box 1429, Harrisburg, PA 17105-1429 The PRESIDENT. This report will be filed in the Library. December 18, 2012 ANNUAL STATISTICAL REPORT Ms. Megan Consedine OF THE INSURANCE DEPARTMENT Secretary of the Senate Senate of Pennsylvania COMMONWEALTH OF PENNSYLVANIA Commonwealth of Pennsylvania Insurance Department 462 Main Capitol 1326 Strawberry Square Harrisburg, PA 17120 Harrisburg, PA 17120

Dear Ms. Consedine: January 1, 2013 Re: Pennsylvania Insurance Department's Annual Statistical The Commission is hereby submitting its fourteenth biennial report Report - July 1, 2011 to June 30, 2012 on the status of the Commonwealth's 3,200 local government pension plans for your review and information. These regularly issued status Dear Members: reports are an essential component of the oversight of local government pension plans exercised by the Governor and General Assembly. This Pursuant to Section 219 of The Insurance Department Act of May oversight is warranted because Pennsylvania's pension plans for local 17, 1921, P.L. 789, the Department is pleased to present the Annual government employees, when viewed in the aggregate, represent one of Statistical Report of the Insurance Department of the Commonwealth the largest retirement systems in the nation. of Pennsylvania. In conjunction with its mandated responsibility to coordinate policy For your convenience, the report may be found on the Department's development for the Commonwealth's public employee retirement sys- website: tems, the Commission endeavors to use the status reports on local gov- http://www.portal.state.pa.us/portal/server.pt/document/1307198/com ernment pension plans to focus the attention of State policymakers on missioner_report_final_2011-2012_pdf. This link will take you to the the specific issues and reform measures that it views as warranting Industry Activity page. The report is listed under "Department's Annual attention. More than two decades have passed since the first status re- Industry Statistical Reports" - "Current Report 2012." port was issued pursuant to the Municipal Pension Plan Funding Stan- Should any questions arise regarding these statistics, members dard and Recovery Act (Act 205 of 1984), and the Commission believes should feel free to contact me, Deputy Commissioner Stephen Johnson it is time for the Commonwealth to move beyond that landmark munici- or our Legislative Director, Kristen Erway at (717) 783-2005. pal pension reform statute. First, the provisions of Act 205 of 1984 need to be updated to re- Sincerely, flect the passage of time and expanded to accommodate new circum- stances. Second, legislation to begin the necessary consolidation of MICHAEL F. CONSEDINE municipal pension plans needs to be enacted. And finally, the pension Insurance Commissioner plan reporting standards applicable to all cities, boroughs, townships and authorities need to be extended to counties. The PRESIDENT. This report will be filed in the Library. On behalf of the Commission, I am hopeful that you will find this report to be informative and useful. DESIGNATION OF CHAIRMEN Sincerely, OF STANDING COMMITTEES

ANTHONY W. SALOMONE The PRESIDENT. The Chair wishes to announce the Presi- Chairman dent pro tempore has made the following designations: Senator Bob Mensch as Chairman of the Committee on Aging The PRESIDENT. This report will be filed in the Library. and Youth. ANNUAL REPORT ON THE WIRETAPPING AND Senator Elder A. Vogel, Jr., as Chairman of the Committee on ELECTRONIC SURVEILLANCE CONTROL ACT Agriculture and Rural Affairs. Senator Jake Corman as Chairman of the Committee on Ap- The PRESIDENT laid before the Senate the following com- propriations. munication, which was read by the Clerk as follows: Senator Don White as Chairman of the Committee on Bank- ing and Insurance. SUPREME COURT OF PENNSYLVANIA 1515 Market Street, Suite 1414 Senator Randy Vulakovich as Chairman of the Committee on Philadelphia, PA 19102 Communications and Technology. Senator Kim L. Ward as Chairman of the Committee on Com- December 27, 2012 munity, Economic and Recreational Development. Ms. Megan Totino Consedine Senator Robert M. Tomlinson as Chairman of the Committee Secretary/Parliamentarian of the Senate on Consumer Protection and Professional Licensure. 462 Capitol Building Senator Mike Folmer as Chairman of the Committee on Edu- Harrisburg, PA 17120-3053 cation. 2013 LEGISLATIVE JOURNAL — SENATE 39

Senator Gene Yaw as Chairman of the Committee on Envi- The PRESIDENT. The Chair thanks the committee from the ronmental Resources and Energy. House of Representatives. Senator Mike Brubaker as Chairman of the Committee on Finance. RECESS Senator Richard Alloway as Chairman of the Committee on The PRESIDENT. The time has come in our order of business Game and Fisheries. to assemble in the hall of the House of Representatives for a Senator Scott E. Hutchinson as Chairman of the Committee Joint Session. The Chair requests that all guests remain seated on Intergovernmental Operations. until the Members of the Senate have left for the House. This Senator Stewart J. Greenleaf as Chairman of the Committee will eliminate considerable confusion and facilitate our move- on Judiciary. ment to the House. The Chair thanks our guests. Senator John R. Gordner as Chairman of the Committee on Members of the Senate will please form a line in the center Labor and Industry. aisle immediately behind the Sergeant-at-Arms in order that we Senator Charles T. McIlhinney, Jr., as Chairman of the Com- may proceed to Joint Session. mittee on Law and Justice. The Chair now declares a recess of the Senate for one-half Senator John H. Eichelberger, Jr., as Chairman of the Com- hour. mittee on Local Government. Senator Patricia H. Vance as Chairman of the Committee on AFTER RECESS Public Health and Welfare. Senator Dominic Pileggi as Chairman of the Committee on The PRESIDENT. The time of recess having expired, the Rules and Executive Nominations. Senate will come to order. Senator Lloyd K. Smucker as Chairman of the Committee on DESIGNATION OF MINORITY CHAIRMEN State Government. OF STANDING COMMITTEES Senator John C. Rafferty, Jr., as Chairman of the Committee on Transportation. The PRESIDENT. The Chair wishes to announce the Minor- Senator David G. Argall as Chairman of the Committee on ity Leader has made the following designations: Urban Affairs and Housing. Senator Leanna Washington as Minority Chairman of the Senator Lisa Baker as Chairman of the Committee on Veter- Standing Committee on Aging and Youth. ans Affairs and Emergency Preparedness. Senator Judy Schwank as Minority Chairman of the Standing Committee on Agriculture and Rural Affairs. APPOINTMENTS BY THE Senator as Minority Chairman of the Stand- PRESIDENT PRO TEMPORE ing Committee on Appropriations. The PRESIDENT. The Chair wishes to announce the Presi- Senator Mike Stack as Minority Chairman of the Standing dent pro tempore has made the following appointments: Committee on Banking and Insurance. Senator Edwin B. Erickson as Majority Policy Chairman. Senator Lawrence Farnese as Minority Chairman of the Senator as Majority Caucus Administrator. Standing Committee on Communications and Technology. Senator Randy Vulakovich as a member of the Advisory Senator Wayne Fontana as Minority Chairman of the Standing Council for the Southwestern Veterans' Center. Committee on Community, Economic and Recreational Develop- Mrs. Michelle A. Brown as Staff Administrator for the Major- ment. ity Caucus. Senator as Minority Chairman of the Standing Mr. Anthony C. Moscato as a member of the Pennsylvania Committee on Consumer Protection and Professional Licensure. Gaming Control Board. Senator Andrew Dinniman as Minority Chairman of the Standing Committee on Education. APPOINTMENT BY THE MINORITY LEADER Senator as Minority Chairman of the Standing Committee on Environmental Resources and Energy. The PRESIDENT. The Chair wishes to announce the Minor- Senator John Blake as Minority Chairman of the Standing ity Leader has made the following appointment: Committee on Finance. Mr. Anthony Lepore as Staff Administrator to the Senate Senator Richard Kasunic as Minority Chairman of the Stand- Democratic Caucus. ing Committee on Game and Fisheries. HOUSE NOTIFIES SENATE IT IS ORGANIZED Senator Sean Wiley as Minority Chairman of the Standing Committee on Intergovernmental Operations. The PRESIDENT. The Chair recognizes the Sergeant-at- Senator Daylin Leach as Minority Chairman of the Standing Arms. Committee on Judiciary. The SERGEANT-AT-ARMS. Mr. President, I have the honor Senator Tina Tartaglione as Minority Chairman of the Stand- to present the chair of the committee from the House of Repre- ing Committee on Labor and Industry. sentatives, Representative Carl Metzgar. Senator Jim Ferlo as Minority Chairman of the Standing Representative METZGAR. Mr. President, myself, Represen- Committee on Law and Justice. tative Regan, and Representative Harkins form a committee from Senator Rob Teplitz as Minority Chairman of the Standing the House to inform the Senate that the House is organized and Committee on Local Government. prepared to proceed with the business of Session. 40 LEGISLATIVE JOURNAL — SENATE JANUARY 1,

Senator Shirley Kitchen as Minority Chairman of the Standing Congratulations of the Senate were extended to Madeline Committee on Public Health and Welfare. Wesby by Senator Browne. Senator Jay Costa as Minority Chairman of the Standing Congratulations of the Senate were extended to Dr. Donald Committee on Rules and Executive Nominations. Snyder, Dr. Michael John Dolan, Sr., Brian Patrick O'Leary, Senator Matt Smith as Minority Chairman of the Standing Michael E. Faccinetto, Michael Charles Gaugler, Sr., and to Committee on State Government. Grant L. Kotz by Senator Browne and others. Senator John Wozniak as Minority Chairman of the Standing Congratulations of the Senate were extended to Mr. and Mrs. Committee on Transportation. Eugene Martin, Mr. and Mrs. Clyde Hornberger, Mr. and Mrs. Senator as Minority Chairman of the Standing Edward Weiler, Mr. and Mrs. John Stover, Mr. and Mrs. William Committee on Urban Affairs and Housing. Barton, Mr. and Mrs. Titus Reiff, Mr. and Mrs. Richard Will, Senator Tim Solobay as Minority Chairman of the Standing Mr. and Mrs. Gary Groff, Mr. and Mrs. Dave Kauffman, Kevin Committee on Veterans Affairs and Emergency Preparedness. Myles Dirks, Kyle Peters, Fairmount Homes and to Bowmansville Fire Company by Senator Brubaker. ANNOUNCEMENTS BY THE SECRETARY Congratulations of the Senate were extended to the Perry The following announcements were read by the Secretary of County Association of Township Officials by Senator Corman. the Senate: Congratulations of the Senate were extended to Benjamin Joseph Forbeck by Senator Costa. SENATE OF PENNSYLVANIA Congratulations of the Senate were extended to Robert M. COMMITTEE MEETING Levine by Senators Costa and Schwank. Congratulations of the Senate were extended to Michael Lam, MONDAY, JANUARY 14, 2013 Stuart J. Solomon, Alvy Kelly, Debbie Lynn Butler, Samuel W. 10:00 A.M. FINANCE (public hearing on the Hrg. Rm. 1 Cortes, Donald F. Kohler, Dorothy Simpson Lipka and to the Arc privatization of the Pennsylvania Lottery) North Off. of Chester County by Senator Dinniman. Congratulations of the Senate were extended to Joseph J. TUESDAY, JANUARY 22, 2013 Gleason by Senators Dinniman and Brubaker. 10:30 A.M. JUDICIARY (public hearing regarding Hrg. Rm. 1 Congratulations of the Senate were extended to Thomas prison closings) North Off. Keesey by Senators Dinniman and Rafferty. Congratulations of the Senate were extended to Jared James CONGRATULATORY RESOLUTIONS Dovidio and to Collin P. Powell by Senator by Senator Erickson. The PRESIDENT laid before the Senate the following resolu- Congratulations of the Senate were extended to Alexander Barkman by Senator Eichelberger. tions, which were read, considered, and adopted by voice vote: Congratulations of the Senate were extended to Cullin Taylor Congratulations of the Senate were extended to Blanche Otis by Senator Ferlo. and to Fred Snyder by Senator Alloway. Congratulations of the Senate were extended to Cody O. Congratulations of the Senate were extended to Ruthanne Belus by Senator Fontana. Miller, Madison Ray Francis, Williams Valley High School Boys' Soccer Team and to Williams Valley High School Football Congratulations of the Senate were extended to Leon Schrama, Bruno J. Leonardi and to Bret Keefer Ruch by Senator Team by Senator Argall. Congratulations of the Senate were extended to Rabbi Larry Gordner. Congratulations of the Senate were extended to Frank J. Kaplan, Reverend Thomas O'Hara and to Kimberly Beleski McLendon by Senator Baker. Guthier, Sean McGinley, Zachary Farrall, Jeffrey C. Gower, Marie N. Cavanaugh, Benjamin S. Hoffman and to Johanna E. Congratulations of the Senate were extended to the members and coaches of the Elk Lake High School Girls' Cross Country Nemeth by Senator Greenleaf. Congratulations of the Senate were extended to Sergeant John Team by Senators Baker and Yaw. Congratulations of the Senate were extended to Dr. J. Michael Brinkmann by Senators Greenleaf and Mensch. Congratulations of the Senate were extended to Charlotte A. Tedesco, John G. Carling and to the Employment Opportunity and Training Center of Northeastern Pennsylvania by Senator Council, Wendell F. Holland, Jeffrey Brown and to David L. Hyman by Senator Hughes. Blake. Congratulations of the Senate were extended to Genevieve Congratulations of the Senate were extended to Dan Feroz and to Blanche Beach by Senator Hutchinson. Bylinski by Senators Blake and Folmer. Congratulations of the Senate were extended to Dr. James F. Congratulations of the Senate were extended to Geyer Per- forming Arts Center and to the Dickerson Run, Liberty and Cochran, Dr. A. Rashid Makhdomi, Dr. H. Newton Olewiler, Dr. Anasuya Somasundaram, Dr. Iqbal Sorathia and to Harry Adams Vanderbilt Volunteer Fire Department by Senator Kasunic. Congratulations of the Senate were extended to the Reverend by Senator Boscola. Congratulations of the Senate were extended to Daiichi Roosevelt Alston, Sr., Reverend Paula Y. Branson, Reverend Jeffrey V. Branson and to Beth Thompson Hurd by Senator Sankyo, Bangor Borough Revitalization Program and to CreditSafe USA, Inc., by Senators Boscola, Browne and Kitchen. Congratulations of the Senate were extended to Eileen Mensch. Congratulations of the Senate were extended to Colleen Trainer, Edward F. Jankins III, Shannon Moran, Ryan P. Goernemann, Kate Bode, Sierra Shoudt-Reddi and to Neighbor- Tortorella by Senator Brewster. hood Meals On Wheels, Inc., by Senator Leach. 2013 LEGISLATIVE JOURNAL — SENATE 41

Congratulations of the Senate were extended to Donald Beck, Stephen Kraiss and to the Lingohocken Fire Company by Sena- Joseph Gura, Jr., and to the Central Bucks School of Gymnastics tors Tomlinson and McIlhinney. and Dance of Doylestown by Senator McIlhinney. Congratulations of the Senate were extended to Delaware Congratulations of the Senate were extended to Andrew Josef Valley Veterans' Home by Senators Tomlinson and Stack. Diesel and to Matthew Scharf by Senator Mensch. Congratulations of the Senate were extended to Mr. and Mrs. Congratulations of the Senate were extended to Connor G. John Kichman, Mr. and Mrs. Bruce Bistline, William Graham Donaghy by Senators Mensch and Rafferty. and to Gabriel Martin Rivera by Senator Vance. Congratulations of the Senate were extended to Anthony Congratulations of the Senate were extended to The Lion Kintner by Senators Mensch and Schwank. Foundation by Senators Vance and Williams. Congratulations of the Senate were extended to Chief James Congratulations of the Senate were extended to the Honorable McClure, Jack W. Bixby, Edna J. Bente, Betty Ethridge, Ellen E. Dwan B. Walker, Randy Courson, Douglas James Marsh, Stacey Eaton, Otis Evans, Dorothy B. Simpers, Ruth G. Varlan, Vincent Vukovcan Brock, Sons of Thunder, Saint Vitus School and to the Anderson, Clara H. Victorious and to Anna Franco by Senator coaches and team members of the Aliquippa High School Foot- Pileggi. ball Team by Senator Vogel. Congratulations of the Senate were extended to Kenneth G. Congratulations of the Senate were extended to Steve Colella, Richardson, Jacob E. Coatney, Walter P. Sheehan, Jr., Dave Nick Bartosewicz, Rob Waldron, Norm Voegler, Jr., Andy Fisher, Alfred Risell, Jr., Frank Boyer, Lower Providence War- Mesaros, Shawn O'Brien, David Mack, Robert Ritenour, Dennis riors 75-pound Football Team and to the Valley Forge Chapter Kimmel, Carolyn Nelson, Michael Weaver, Nicholas Steiner and of American Business Clubs by Senator Rafferty. to Daniel Francis O'Connor by Senator Vulakovich. Congratulations of the Senate were extended to Connie L. Congratulations of the Senate were extended to Jim Guy, Sr., Jewell by Senator Robbins. by Senator Ward. Congratulations of the Senate were extended to Elizabeth Congratulations of the Senate were extended to Isaac Martin Reed Finnessy, Robert Stowman, Veronica Adel Armanini McDermott and to the La Salle College High School Football Lavella and to Parson-Marnatti American Legion Post 95 by Team by Senator Washington. Senator Scarnati. Congratulations of the Senate were extended to Chief Randal Congratulations of the Senate were extended to Dr. Richard Whitson by Senator Waugh. Flannery, Audrey Ann Blakely, Benjamin Klein, Steven A. Congratulations of the Senate were extended to American Schumacher and to the Reading Public Library by Senator Legion Post 494, members and coaches of the Cathedral Prepara- Schwank. tory School Football Team and to WQLN Radio by Senator Congratulations of the Senate were extended to Wyomissing Wiley. Area High School Football Team by Senators Schwank and Congratulations of the Senate were extended to Vanalt Elec- Folmer. trical Construction, Inc., by Senator Williams. Congratulations of the Senate were extended to Juan Saylor, Congratulations of the Senate were extended to Donald R. Ryan Biggins, Avery Lang, James Edward Volk II, Upper Saint Kramer by Senator Wozniak. Clair High School Boys' Soccer Team, Moon Area High School Congratulations of the Senate were extended to Mr. and Mrs. Girls' Soccer Team, Peters Township High School Girls' Tennis Robert Koser, Mr. and Mrs. Joseph Welch, Daniel George and Team and to the members and coaches of the Peters Township to Nathanael N. M. Istre by Senator Yaw. High School Girls' Soccer Team by Senator Smith. Congratulations of the Senate were extended to William J. Congratulations of the Senate were extended to Mr. and Mrs. Uggiano, Sophie Wakeham, Katherine M. Jones and to the John Eckenrode, Mr. and Mrs. Donald Patterson, Mr. and Mrs. Knights of Lithuania, Chapter 143, Pittston by Senator Yudichak. Edward Chess, Nicholas Gindele and to Steven Kingan by Sena- Congratulations of the Senate were extended to James tor Solobay. Brozena by Senator Yudichak and others. Congratulations of the Senate were extended to Harry C. Clark by Senator Stack. CONDOLENCE RESOLUTIONS Congratulations of the Senate were extended to Annamae The PRESIDENT laid before the Senate the following resolu- Law-Whitehead and to Tim Dowling by Senator Tartaglione. tions, which were read, considered, and adopted by voice vote: Congratulations of the Senate were extended to Chief Ralph Condolences of the Senate were extended to the family of the Gumbert, Private First Class Matthew R. Brown, Tyler James late Gary R. Mathers to the family of the late Jason A. Schilling, Plunkett, Connor P. Good, Katrina C. Piotroski, John Ricciardi, to the family of the late Joan Flack Nusbaum and to the family Ronald Sauter, Christopher Shortt, Donald Pasqualone, Marcus of the late Robert A. Fortinsky by Senator Baker. Bradshaw, Mike Fanning, Laura Winchester, Terrence Williams, Condolences of the Senate were extended to the family of the Jennifer Compton, Tina Gianni, Ashley Kelly, Julian Lake, late Sally M. Haas by Senator Brewster. Shawna Ramsey, Miriam Mikalac, Kevin Lyons, John Quigley, Condolences of the Senate were extended to the family of the Nicholas Pasqualone, Lorren Barrett, Michael Swinehart, David late Debbie S. Agentis by Senator Browne. Geiger, Sr., Christopher Kelly, Joseph Glasson, Shawn Condolences of the Senate were extended to the family of the Grafenstine, Delaware Valley Vietnam Veterans and to the late Sidney L. Adams by Senator Brubaker. Southeastern Pennsylvania Transportation Authority by Senator Condolences of the Senate were extended to the family of the Tomlinson. late the Honorable Jeremy Blackburn, to the family of the late Congratulations of the Senate were extended to Chief Gregory Christopher M. Good, to the family of the late H. William Sellers Jakubowski, Stephen Gorski, Timothy Weber, Anthony Roggio, 42 LEGISLATIVE JOURNAL — SENATE JANUARY 1, and to the family of the late Jane L. S. Davidson by Senator Dinniman. Condolences of the Senate were extended to the family of the late Leonard Eugene Ferguson, Jr., to the family of the late Mar- garet J. Wright, to the family of the late Gerald Wayne Russell, Sr., to the family of the late Dolores Postles Puckett and to the family of the late George Leon Dunbar by Senator Hughes. Condolences of the Senate were extended to the family of the late Arnold Samuel Smith by Senator Kitchen. Condolences of the Senate were extended to the family of the late Honorable Isaac Garb, were extended to the family of the late William Harris Stevens III, were extended to the family of the late Evelyn Slack, were extended to the family of the late Bernice Faye Nodich and were extended to the family of the late William Goccia by Senator McIlhinney. Condolences of the Senate were extended to the family of the late Mary Fawkes by Senator McIlhinney and others. Condolences of the Senate were extended to the family of the late Honorable Gay Lee Elwell by Senator Mensch. Condolences of the Senate were extended to the family of the late Honorable Larry C. Whiskeyman and to the family of the late Harry N. Eisenbise by Senator Schwank. Condolences of the Senate were extended to the family of the late Reverend David L. Barrett, Sr., to the family of the late Jerome Pompei, to the family of the late Patricia A. Rodenski, to the family of the late Joseph Trovato, to the family of the late Aldo L. Bartolotta, to the family of the late Timothy H. Morris, to the family of the late Elsie Spalla, to the family of the late Kathleen K. Bell, to the family of the late William D. Ray McVay, to the family of the late Louis S. Falbo and to the family of the late Randy P. Morich by Senator Solobay. Condolences of the Senate were extended to the family of the late Daily Joseph Anderson by Senator Tartaglione. Condolences of the Senate were extended to the family of the late Stephen D. Banks, were extended to the family of the late Arthur Lee Dixon and to the family of the late David G. Kelble, Jr., by Senator Washington. Condolences of the Senate were extended to the family of the late Darrell Keith Henderson by Senator Williams. Condolences of the Senate were extended to the family of the late Anne Marie McCawley, to the family of the late John P. Stoshak to the family of the late Edward J. Strucke and to the family of the late Francis A. Michael by Senator Yudichak. POSTHUMOUS CITATION The PRESIDENT laid before the Senate the following cita- tion, which was read, considered, and adopted by voice vote: A posthumous citation honoring the late Robert Stevens was extended to the family by Senator Rafferty. RECESS The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I move that the Senate do now recess until Tuesday, January 22, 2013, at 1 p.m., Eastern Standard Time, unless sooner recalled by the President pro tem- pore. The motion was agreed to by voice vote. The Senate recessed at 2:13 p.m., Eastern Standard Time.