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COMMONWEALTH OF PENNSYLVANIA Legislative Journal WEDNESDAY, JANUARY 27, 2016 SESSION OF 2016 200TH OF THE GENERAL ASSEMBLY No. 5 SENATE Dear Ms. Consedine: WEDNESDAY, January 27, 2016 The Public Employee Retirement Commission and its staff is pleased to provide you with the link to our thirty-third annual report The Senate met at 11 a.m., Eastern Standard Time. summarizing the Commission's findings, recommendations, and activi- ties for the year 2015. This report can be viewed on our website at the following link: The PRESIDENT (Lieutenant Governor Mike Stack) in the http://www.perc.pa.gov/ReportsandPublications/Documents/RPT_20 Chair. 15_ANNUAL_REPORT_FINAL.pdf PRAYER Rose Hutchinson The Chaplain, Reverend DR. BRAD F. MELLON, of Freder- Administrative Officer ick Living Community, Frederick, offered the following prayer: The PRESIDENT. This report will be filed in the Library. Thank you. It is my honor and privilege to be with you today. LEGISLATIVE LEAVES Let us pray. We give You thanks, merciful God, for giving us another day. The PRESIDENT. The Chair recognizes the gentleman from As You make available to Your people the grace and knowledge Centre, Senator Corman. to meet the needs of the day, we pray that Your spirit will be Senator CORMAN. Mr. President, I request legislative leaves upon the Members of this Senate giving them the richness of for Senator Greenleaf and Senator Ward. wisdom. Bless the Members as they gather. May they, with those The PRESIDENT. The Chair recognizes the gentleman from who accompany them, travel safely and meet in peace. May Allegheny, Senator Costa. these days be filled with hopeful anticipation. May the power of Senator COSTA. Mr. President, I request legislative leaves for truth and faith give them the confidence they will need to do the Senator Brewster, Senator Haywood, Senator Kitchen, and Sena- good work required for service to our Commonwealth. Give all tor Leach. Members the strength of purpose and clarity of mind to do those The PRESIDENT. Senator Corman requests legislative leaves things that bring justice and mercy to all people everywhere, and for Senator Greenleaf and Senator Ward. maintain freedom and liberty for our land. May all that is done Senator Costa requests legislative leaves for Senator this day be for the greater honor and glory. Amen. Brewster, Senator Haywood, Senator Kitchen, and Senator Leach. The PRESIDENT. The Chair thanks Dr. Mellon, who is the Without objection, the leaves will be granted. guest today of Senator Mensch. LEAVE OF ABSENCE PLEDGE OF ALLEGIANCE Senator COSTA asked and obtained a leave of absence for (The Pledge of Allegiance was recited by those assembled.) Senator WILEY, for today's Session, for personal reasons. GENERAL COMMUNICATION SENATE CONCURRENT RESOLUTION ANNUAL REPORT OF THE PUBLIC EMPLOYEE JOINT SESSION RETIREMENT COMMISSION Senator CORMAN offered the following resolution, which The PRESIDENT laid before the Senate the following com- was read as follows: munication, which was read by the Clerk as follows: COMMONWEALTH OF PENNSYLVANIA In the Senate, January 27, 2016 Public Employee Retirement Commission P.O. Box 1429, Harrisburg, PA 17105 RESOLVED, (the House of Representatives concurring), That the Senate and House of Representatives meet in Joint Session on Tuesday, January 27, 2016 February 9, 2016, at 11:30 a.m., in the Hall of the House of Representa- THIS E-MAIL IS BEING SENT ON BEHALF OF JOHN T. DURBIN, tives for the purpose of hearing an address by His Excellency, Governor CHAIRMAN OF THE PUBLIC EMPLOYEE RETIREMENT COM- Tom Wolf; and be it further MISSION RESOLVED, That a committee of three, on the part of the Senate, be appointed to act with a similar committee on the part of the House 46 LEGISLATIVE JOURNAL — SENATE JANUARY 27, of Representatives, to escort His Excellency, the Governor of the Com- YEA-48 monwealth of Pennsylvania, to the Hall of the House of Representa- tives. Alloway Dinniman McGarrigle Teplitz Argall Eichelberger McIlhinney Tomlinson Aument Farnese Mensch Vance On the question, Baker Folmer Rafferty Vogel Will the Senate adopt the resolution? Bartolotta Fontana Reschenthaler Vulakovich Blake Gordner Sabatina Wagner Boscola Greenleaf Scarnati Ward The yeas and nays were required by Senator CORMAN and Brewster Haywood Scavello White were as follows, viz: Brooks Hughes Schwank Williams Browne Hutchinson Smucker Wozniak Corman Kitchen Stefano Yaw YEA-48 Costa Leach Tartaglione Yudichak Alloway Dinniman McGarrigle Teplitz NAY-0 Argall Eichelberger McIlhinney Tomlinson Aument Farnese Mensch Vance Baker Folmer Rafferty Vogel A constitutional majority of all the Senators having voted Bartolotta Fontana Reschenthaler Vulakovich "aye," the question was determined in the affirmative. Blake Gordner Sabatina Wagner Ordered, That the Secretary of the Senate inform the House Boscola Greenleaf Scarnati Ward Brewster Haywood Scavello White of Representatives accordingly. Brooks Hughes Schwank Williams Browne Hutchinson Smucker Wozniak GUESTS OF SENATOR ROBERT B. MENSCH Corman Kitchen Stefano Yaw PRESENTED TO THE SENATE Costa Leach Tartaglione Yudichak The PRESIDENT. The Chair recognizes the gentleman from NAY-0 Montgomery, Senator Mensch. Senator MENSCH. Mr. President, it is my pleasure today to A majority of the Senators having voted "aye," the question introduce to the Pennsylvania Senate our guest Chaplain. Not was determined in the affirmative. only is he a wonderful servant of the Lord, he is also a very good Ordered, That the Secretary of the Senate present the same to and dear personal friend, he and his wife. I want to introduce Dr. the House of Representatives for concurrence. Brad Mellon and his wife, Marilyn, to the Senate, and thank them for coming today to deliver the message for us. CALENDAR Dr. Mellon is involved in that industry that is so important to BILL ON CONCURRENCE IN so many of us, which is the senior care industry in Pennsylvania. HOUSE AMENDMENTS AS AMENDED Frederick Living Community has several thousand people who are all seniors and are needing those services which I believe in SENATE CONCURS IN HOUSE our lifetime each of us will probably have a time to call upon. AMENDMENTS AS AMENDED So, Dr. Mellon ministers to those several thousand people on a daily basis, and my mother, along with my father, were residents SB 166 (Pr. No. 1517) -- The Senate proceeded to consider- of Frederick and found great comfort in the services that Dr. ation of the bill, entitled: Mellon and others offered them there. So, I want to say, firstly, and to the PCN crowd, thank you very much, Dr. Mellon, for all An Act amending Titles 18 (Crimes and Offenses) and 42 (Judi- that you do to provide for the seniors. On a side note, Dr. Mellon ciary and Judicial Procedure) of the Pennsylvania Consolidated Stat- was, quote, "essential staff" this weekend and served in Frederick utes, in criminal history record information, further providing for gen- throughout the entire snowstorm, 23 hours, I believe, he was on eral regulations and providing for order for limited access; and, in gov- ernance of the system, providing for petition for expungement or order call. So, again, a sign of the kind of dedication that it takes to be for limited access fee. in that industry and provide those services. Those of us who witness every day what you do, we appreciate it very much, so On the question, thank you. Will the Senate concur in the amendments made by the Governor, please join me in extending a great Senate wel- House, as further amended by the Senate, to Senate Bill No. 166? come to Dr. Mellon and his wife, Marilyn. The PRESIDENT. Will the guests of Senator Mensch, Dr. The PRESIDENT. The Chair recognizes the gentleman from Mellon and Mrs. Mellon, please rise so that we may welcome Centre, Senator Corman. you to the Pennsylvania Senate. Thank you for your wonderful Senator CORMAN. Mr. President, I move that the Senate do prayer. concur in the amendments made by the House, as further (Applause.) amended by the Senate, to Senate Bill No. 166. RECESS On the question, The PRESIDENT. The Chair recognizes the gentleman from Will the Senate agree to the motion? Centre, Senator Corman. The yeas and nays were required by Senator CORMAN and Senator CORMAN. Mr. President, I request a recess of the were as follows, viz: Senate for the purpose of a Republican caucus to be held in the Rules room. 2016 LEGISLATIVE JOURNAL — SENATE 47 The PRESIDENT. The Chair recognizes the gentleman from Amend Bill, page 1, line 1, by striking out "an amendment" and Allegheny, Senator Costa. inserting: distinct amendments Senator COSTA. Mr. President, I request that Senate Demo- Amend Bill, page 1, line 2, by striking out the period after "Assem- crats report to our caucus room at the rear of the Chamber. bly" and inserting: The PRESIDENT. For purposes of Republican and Demo- ; and further providing for the Legislative Reapportionment Commis- cratic caucuses, without objection, the Senate stands in recess. sion for the purpose of reapportioning and redistricting the Common- wealth of Pennsylvania. AFTER RECESS Amend Bill, page 1, lines 5 and 6, by striking out all of said lines and inserting: The PRESIDENT. The time of recess having expired, the Section 1. The following distinct amendments to the Constitution of Pennsylvania are proposed in accordance with Article XI: Senate will come to order. (1) Amend Bill, page 2, lines 3 through 25, by striking out all of said LEGISLATIVE LEAVE lines and inserting: (2) That section 17 of Article II be amended to read: The PRESIDENT. The Chair recognizes the gentleman from § 17. Legislative [Reapportionment] and Congressional Redistricting Centre, Senator Corman. Commission. Senator CORMAN. Mr. President, I request a temporary (a) [In each year following the year of the Federal decennial cen- sus] Not later than December 31 of each year ending in zero, a Legisla- Capitol leave for Senator Argall.