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COMMONWEALTH OF PENNSYLVANIA Ilkgismti&£ WnurnaI TUESDAY, OCTOBER 23, 2001 SESSION OF 2001 185TH OF THE GENERAL ASSEMBLY No. 54 SENATE The PRESIDENT. The Chair thanks Rabbi Glanzberg-Krainin, who is the guest today ofSenator Thompson. TUESDAY, October 23,2001 JOURNAL APPROVED The Senate met at 1 p.m., Eastern Daylight Saving Time. The PRESIDENT. A quonun ofthe Senate being present, the The PRESIDENT (Lieutenant Governor Robert C. Jubelirer) Clerk will read the Journal ofthe preceding Session ofOctober in the Chair. 22,2001. The Clerk proceeded to read the Journal of the preceding PRAYER Session, when, on motion ofSenator BRIGHTBILL, and agreed The Chaplain, Rabbi DAVID GLANZBERG-KRAININ, of to by voice vote, further reading was dispensed with and the Kesher Israel Congregation, West Chester, offered the following Journal was approved. prayer: HOUSE MESSAGE Eternal God, source ofwisdom and understanding, we ask for HOUSE CONCURS IN SENATE Your blessings on this group ofmen and women whose leader CONCURRENT RESOLUTION ship strives to bring justice and fairness, peace and prosperity to the citizens ofthe Commonwealth ofPennsylvania. Allow the The Clerk ofthe House ofRepresentatives infonned the Sen Members ofthis Senate to strive to hear Your voice as they con ate that the House has concurred in resolution from the Senate, duct the affairs of State. Though Your wisdom is understood entitled: from a variety oftraditions among these Senators and among the citizens ofthis Commonwealth, allow the common goals ofkind Recess adjournment. ness, fairness, and decency to unite us in the true bond offellow ship and harmony. SPECIAL ORDER OF BUSINESS At this difficult time in our nation's history, may we stand ANNOUNCEMENT BY THE SECRETARY together as citizens ofthis Commonwealth and citizens ofthis The SECRETARY. Consent has been given for the Commit nation as we seek to overcome those who threaten our safety and tee on Law and Justice to meet in the Rules room during today's well-being. Yet, even as we would seek justice against those who Session to consider Senate Bill No. 336. would commit such evil, remind each one ofus to be discriminat ing in our anger. Help us to remember that there are many paths REPORTS FROM COMMITTEES to the worship ofYour splendor and Your glory. Let us not fear those whose religion or creed is different from our own. Rather, Senator HOLL, from the Committee on Banking and Insur let us seek the wisdom to understand the difference between ance, reported the following bill: those who serve life and thereby serve You, and those whose actions desecrate Your holy name. SB 462 (pr. No. 1465) (Amended) May this Commonwealth and this nation under Your provi dence be an influence for good both at home and abroad. May An Act providing for the regulation ofviatical settlements and for those citizens of the Commonwealth who serve in our Armed powers and duties ofthe Insurance Department. Forces be blessed with courage and strength. Keep them out of Senator DENT, from the Committee on Consumer Protection harm's way, and instill with each one ofus gratitude for the sacri and Professional Licensure, reported the following bills: fice they make to safeguard our freedom and our security. May Your hand guide the Members ofthis Senate Chamber SB 587 (pr. No. 1464) (Amended) today as they go about the task ofadministering the affairs ofthe Commonwealth. May they merit Your blessing as they strive to An Act prohibiting a deceptive business practice in the floral indus bring peace and prosperity, safety and security to all Pennsylva try; and providing for a private cause ofaction. nians and to all the citizens ofthis great nation. And let us say, Amen. 998 LEGISLATIVE JOURNAL - SENATE OCTOBER 23, SB 804 (pr. No. 899) BILLS INTRODUCED AND REFERRED An Act amending the act of December 17, 1968 (P.L.l224, The PRESIDENT laid before the Senate the following Senate No.387), known as the Unfair Trade Practices and Consumer Protection Bills numbered, entitled, and referred as follows, which were Law, providing for protection for public sales. read by the Clerk: SB 1007 (pr. No. 1254) October 23.2001 An Act amending the act of February 14, 1986 (P.L.2, No.2), Senator PICCOLA presented to the Chair SB 1171, entitled: known as the Acupuncture Registration Act, providing for the defmition of "acupuncture educational program"; and further providing for the An Act authorizing the Department ofGeneral Services, with the regulations ofthe practice ofacupuncture. approval ofthe Governor, to grant and convey to the City ofHarrisburg tracts ofland and a building situate in the City ofHarrisburg, Dauphin County. SB 1011 (pr. No.1258) Which was committed to the Committee on STATE An Act amending the act ofOctober 10, 1975 (P.L.383, No.11 0), GOVERNMENT, October 23, 200I. known as the Physical Therapy Practice Act, adding a definition of "mobilization/manual therapy." Senators KUKOVICH, MELLOW, TARTAGLIONE, SB 1012 (pr. No.1259) M. WHITE, SCHWARTZ, BOSCOLA, LAVALLE, LOGAN, BODACK, COSTA and RHOADES presented to the Chair An Act amending the act of December 16, 1986 (P.L.1646, SB 1172, entitled: No.188), known as the Chiropractic Practice Act, adding a definition of An Act authorizing and directing the Department of Health to "manipulation/adjustment." establish a public awareness education program regarding postpartum depression; and requiring the Department of Health and certain licensing boards to develop an education, screening and treatment HB 497 (pr. No. 2027) program for postpartum depression. An Act amending the act ofMay 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law, regulating the practice and licensure Which was committed to the Committee on PUBLIC ofdietetics and nutrition; further providing for penalties; and making an HEALTH AND WELFARE, October 23,2001. appropriation. Senators GREENLEAF, KITCHEN, COSTA, KUKOVICH, Senator EARLL, from the Committee on Finance, reported the LAVALLE, LEMMOND, SCHWARTZ and TARTAGLIONE following bills: presented to the Chair SB 1173, entitled: An Act providing for new home warranty programs; and imposing SB 461 (pr. No. 1463) (Amended) duties upon the Department ofLabor and Industry. An Act amending Title 75 (Vehicles) ofthe Permsylvania Consoli Which was committed to the Committee on URBAN dated Statutes, further providing for transfer ofownership ofvehicle. AFFAIRS AND HOUSING, October 23,2001. SB 978 (pr. No. 1174) Senators GREENLEAF, HELFRICK, LEMMOND, KUKOVICH, HOLL, KITCHEN, LAVALLE, SCARNATI, An Act amending the act of July 7, 1947 (p.L.1368, No.542), STACK, THOMPSON and WAUGH presented to the Chair known as the Real Estate Tax Sale Law, providing for the alternative SB 1174, entitled: collection oftaxes. An Act amending TItle 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for expungement Senator GREENLEAF, from the Committee on Judiciary, ofcriminal history record information. reported the following bills: Which was committed to the Committee on JUDICIAR~ SB 1013 (pr. No. 1260) October 23, 200I. An Act amending the act of March 10, 1949 (P.L.30, No.l4), Senators WAGNER, LAVALLE, COSTA, STOUT and known as the Public School Code of1949, further providing for Office TARTAGLIONE presented to the Chair SB 1175, entitled: for Safe Schools and for certain reporting. An Act amending Title 24 (Education) of the Pennsylvania Consolidated Statutes, establishing the Helping Our Pupils to HB 17 (pr. No. 2740) (Amended) Excellence in Pennsylvania Scholarship Program; providing for the powers and duties of the Pennsylvania Higher Education Assistance An Act amending Titles 18 (Crimes and Offenses) and 42 (Judi Agency; and establishing the HOPE in Pennsylvania Scholarship Fund. ciary and Judicial Procedure) of the Pennsylvania Consolidated Stat utes, further providing for intimidation ofwitnesses and victims; and Which was committed to the Committee on EDUCATION, providing for aggravated jury tampering. October 23,2001. 2001 LEGISLATIVE JOURNAL - SENATE 999 DISCHARGE PETITION On the question, Will the Senate adopt the resolution? The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: The yeas and nays.were required by Senator BRIGHTBILL and were as follows, viz: October 23,2001 YEA-48 APETITION Annstrong Greenleaf Mellow To place before the Senate the nomination of Frank A. Higgins, Jr., as Stack Bodack Helfrick Mowery Stout Treasurer, Tioga County. Boscola Holl Murphy Tartaglione Brightbill Hughes Musto Thompson TO: The President Officer of the Senate: Conti Jubelirer O'Pake Tomlinson Corman Kasunic Orie Wagner WE, The undersigned members of the Senate, pursuant to section Costa Kitchen Piccola Waugh 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby Dent Kukovich Punt Wenger request that you place the nomination of Frank A. Higgins, Jr., as Earll laValle Rhoades White, Donald Treasurer, TIoga County, before the entire Senate body for a vote, the Erickson Lemmond Robbins White, Mary Jo nomination not having been voted upon within 15 legislative days: Fumo Logan Scamati Williams Gerlach Madigan Schwartz Womiak Raphael 1. Musto Robert 1. Mellow NAY-O Michael A. O'Pake Jack Wagner Richard A. Kasunic A majority ofthe Senators having voted "aye," the question 1. Barry Stout was determined in the affirmative. Vincent 1. Furno RECESS The PRESIDENT. The communication will be laid on the· table. The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill. LEGISLATIVE LEAVES Senator BRIGHTBILL. Mr. President, at this time I ask for a recess ofthe Senate, first for a meeting ofthe Committee on Law The PRESIDENT. The Chair recognizes the gentleman from and Justice, which will be held in the Rules room right offthe Lebanon, Senator Brightbill. floor, to be followed by a Republican caucus, which I expect will Senator BRIGHTBILL. Mr. President, I ask for a temporary begin in about 10 minutes. Capitol leave for Senator Mowery. The PRESIDENT. The Chair recognizes the gentleman from The PRESIDENT.