COMMONWEALTH OF PENNSYLVANIA

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1 COMMONWEALTH OF PENNSYLVANIA Legislative Journal TUESDAY, APRIL 25, 2017 SESSION OF ST OF THE GENERAL ASSEMBLY No. 20 SENATE TUESDAY, April 25, 2017 The Senate met at 1 p.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Mike Stack) in the Chair. PRAYER The Chaplain, Reverend KEITH INGRAM, Pastor of Bucks County Seventh Day Adventist Church, Warminster, offered the following prayer: Will you please bow your heads with me. Our Father, who sits as the King of the universe, we have gathered together today to approach Your throne of grace and mercy, and to ask for Your leadership and guidance in all of the proceedings today. We ask, as Your servant Solomon did so long ago, that You give Your judgments and righteousness to the leaders of our great Commonwealth, which will bring peace to the people and heal our lands. We pray that each person here today humbles themselves so that they may be lifted up in honor before Your people. Let us speak kindly to one another and not speak evil or judge one another. Let us gather together into unity of spirit. Let us work together for the good of Your people. Help us all to understand that each of us have been called by the Lord to lead this land. May we also remember the words of Your Apostle Paul in Romans 13:1; let every soul be subject to the governing authorities for there is no authority except from God, and the authorities that exist are appointed by God. May we lift this all through Your son, Jesus, who died on the cross for our sins, who was able to save to the uttermost, and who currently serves as our high priest in heaven making intercessions on our behalf. In Jesus' precious and powerful name, amen. The PRESIDENT. The Chair thanks Pastor Ingram, who is the guest today of Senator Greenleaf. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) COMMUNICATIONS FROM THE GOVERNOR RECALL COMMUNICATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: JUDGE, COURT OF COMMON PLEAS, PHILADELPHIA COUNTY April 25, 2017 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 13, 2017, of Mary K. Topper, Esquire, 922 North 3rd Street, Apartment 311, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as Judge, Court of Common Pleas, Philadelphia County, to serve until the first Monday of January 2018, vice the Honorable Angeles Roca, removed from office. I respectfully request the return to me of the official message of nomination on the premises. JUDGE, PHILADELPHIA MUNICIPAL COURT April 25, 2017 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 13, 2017, of Rodney R. Akers, Esquire, 4307 Dakota Street, Pittsburgh 15213, Allegheny County, Forty-second Senatorial District, for appointment as Judge, Philadelphia Municipal Court, to serve until the first Monday of January 2018, vice the Honorable Dawn A. Segal, removed from office. I respectfully request the return to me of the official message of nomination on the premises. BILLS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk: April 25, 2017 Senators BROWNE, FARNESE, WAGNER, McILHINNEY, COSTA, HUGHES, BREWSTER, WILLIAMS, LEACH, BOSCOLA, SABATINA, YUDICHAK, HAYWOOD, BLAKE, STREET and FONTANA presented to the Chair SB 613, entitled:

2 378 LEGISLATIVE JOURNAL SENATE APRIL 25, An Act amending the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, further providing for the title of the act, for findings and declaration of policy, for right to freedom from discrimination in employment, housing and public accommodation, for definitions, for unlawful discriminatory practices and for prohibition of certain real estate practices; providing for protection of religious exercise; and further providing for powers and duties of commission, for educational program and for construction and exclusiveness of remedy. Which was committed to the Committee on STATE GOV- ERNMENT, April 25, Senators YUDICHAK, WHITE, RAFFERTY, FONTANA, COSTA, MENSCH and HUGHES presented to the Chair SB 649, entitled: An Act amending the act of July 6, 1989 (P.L.169, No.32), known as the Storage Tank and Spill Prevention Act, in financial provisions, further providing for Underground Storage Tank Environmental Cleanup Program, for Underground Storage Tank Pollution Prevention Program and for investigation and closure costs. Which was committed to the Committee on ENVIRONMEN- TAL RESOURCES AND ENERGY, April 25, S e n a t o r s R E G A N, M A RT I N, S C A R N AT I, RESCHENTHALER, RAFFERTY, YAW, HUTCHINSON, YUDICHAK, STEFANO and BARTOLOTTA presented to the Chair SB 652, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in burglary and other criminal intrusion, further providing for the offense of criminal trespass. Which was committed to the Committee on JUDICIARY, April 25, BILLS REPORTED FROM COMMITTEES Senator GREENLEAF, from the Committee on Judiciary, reported the following bills: SB 434 (Pr. No. 473) An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in limitation of time, providing for ten year limitation, for mesne profits and for reimbursement and further providing for twenty-one year limitation. SB 461 (Pr. No. 454) An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in DNA data and testing, further providing for policy, for definitions, for powers and duties of State Police, for State DNA Data Base, for State DNA Data Bank, for State Police recommendation of additional offenses, for procedural compatibility with FBI and for DNA sample required upon conviction, delinquency adjudication and certain ARD cases, providing for collection from persons accepted from other jurisdictions and further providing for procedures for withdrawal, collection and transmission of DNA samples, for procedures for conduct, disposition and use of DNA analysis, for DNA data base exchange and for expungement. SB 496 (Pr. No. 496) An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in burglary and other criminal intrusion, further providing for the offense of criminal trespass. SB 510 (Pr. No. 505) An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in assault, providing for the offense of threat against law enforcement officer or sheriff. SB 577 (Pr. No. 646) An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, prohibiting the sale of shark fins; and imposing a penalty. Senator BAKER, from the Committee on Health and Human Services, reported the following bills: SB 200 (Pr. No. 254) An Act amending the act of December 19, 1990 (P.L.1372, No.212), known as the Early Intervention Services System Act, further providing for the title of the act; in general provisions, further providing for definitions, for State interagency agreement, for other duties of State agencies and for council; and, in Statewide system for provision of early intervention services, further providing for requirements, for program regulations and standards, for administration by Department of Public Welfare, for administration by Department of Education and for child identification, assessment and tracking system. HB 23 (Pr. No. 151) An Act amending the act of May 29, 2012 (P.L.549, No.54), known as the Primary Stroke Center Recognition Act, further providing for short title, for definitions, for recognition of centers, for emergency medical services and for biennial report. Senator WHITE, from the Committee on Banking and Insurance, reported the following bills: SB 143 (Pr. No. 95) An Act amending the act of July 6, 1989 (P.L.169, No.32), known as the Storage Tank and Spill Prevention Act, in financial provisions, further providing for Underground Storage Tank Indemnification Board. SB 630 (Pr. No. 704) An Act providing for the licensure of limited lines travel insurance producers, for requirements for sale of travel insurance, for authority of limited lines travel insurance producers, for registration and training of travel retailers and for renewal of license. Senator YAW, from the Committee on Environmental Resources and Energy, reported the following bills: SB 144 (Pr. No. 96) An Act amending the act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act, further providing for official plans. SB 497 (Pr. No. 748) (Amended) An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, in general provisions, further providing for definitions.

3 2017 LEGISLATIVE JOURNAL SENATE 379 SB 646 (Pr. No. 734) An Act amending the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, in recycling fee, further providing for recycling fee for municipal waste landfills and resource recovery facilities and for Recycling Fund. RESOLUTION REPORTED FROM COMMITTEE Senator YAW, from the Committee on Environmental Resources and Energy, reported the following resolution: SR 33 (Pr. No. 749) (Amended) A Resolution establishing a task force on lead exposure and the hazards of lead poisoning; imposing duties on the Joint State Government Commission; and authorizing a study. The PRESIDENT. The resolution will be placed on the Calendar. LEGISLATIVE LEAVE Centre, Senator Corman. Senator CORMAN. Mr. President, I request a temporary Capitol leave for Senator Wagner. The PRESIDENT. Senator Corman requests a temporary Capitol leave for Senator Wagner. Without objection, the leave will be granted. LEAVE OF ABSENCE Senator CORMAN asked and obtained a leave of absence for Senator MENSCH, for today's Session, for personal reasons. JOURNAL APPROVED The PRESIDENT. The Journal of the Session of February 6, 2017, is now in print. The Clerk proceeded to read the Journal of the Session of February 6, Senator CORMAN, Mr. President, I move that further reading of the Journal be dispensed with and that the Journal be approved. Will the Senate agree to the motion? The yeas and nays were required by Senator CORMAN and were as follows, viz: YEA-49 Alloway DiSanto Leach Tartaglione Argall Eichelberger Martin Tomlinson Aument Farnese McGarrigle Vogel Baker Folmer McIlhinney Vulakovich Bartolotta Fontana Rafferty Wagner Blake Gordner Regan Ward Boscola Greenleaf Reschenthaler White Brewster Haywood Sabatina Williams Brooks Hughes Scarnati Yaw Browne Hutchinson Scavello Yudichak Corman Killion Schwank Costa Langerholc Stefano Dinniman Laughlin Street NAY-0 A majority of the Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. The Journal is approved. GUESTS OF SENATOR KIM L. WARD PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentlewoman from Westmoreland, Senator Ward. Senator WARD. Mr. President, I rise today to recognize some young constituents, their parents, teachers, and coaches who are here, the Greensburg Central Catholic Junior-Senior High School Girls' Volleyball Team. This team won the 2016 PIAA State Class A Girls' Volleyball Championship under the leadership of head coach Kate McCauley and assistant coaches Courtney Stynchula and Robin Klimke. This is the team's second State title in 3 years. I am especially proud of Greensburg Central Catholic, being the mother of three graduates of Greensburg Central Catholic, and I know what a special school it is, and I know what kind of comradery goes on there. The Centurions captured the State title by defeating Marian Catholic High School with a score of 3 sets to 0. They also won the Section Championship and the District Championship. I am so proud to have them here and I am so proud of them. I ask for a warm welcome from the Senate to congratulate these great student athletes and coaches on their championship victories. Thank you. The PRESIDENT. Would the guests of Senator Ward, the championship Greensburg Central Catholic Girls' Volleyball Team, please rise so that we may congratulate you and welcome you to the Pennsylvania State Senate. (Applause.) GUESTS OF SENATOR CHARLES McILHINNEY PRESENTED TO THE SENATE Bucks, Senator McIlhinney. Senator McILHINNEY. Mr. President, it is my pleasure to introduce Connor Doyle, a senior at Pennsbury High School. Connor brought home the State title in the 200-meter individual medley last month during District 1, Class AAA Swimming Championships held at LaSalle University. His impressive performance added to a resume that already includes numerous pool records throughout the State and him being named Bucks County Courier Times Boys' Swimmer of the Year on two occasions. Connor is an honor roll student, a member of the National Honor Society, and has been named a USA Swimming Scholastic All-American for the past 4 years. He plans to attend Virginia Tech University in the fall majoring in biochemistry. He is joined today by members of his family, including his parents, Gregg and Nicole Doyle; his sister, Caitlin; and his aunt, Angela. Please join me in giving Connor and his family a warm Senate welcome. The PRESIDENT. Would the guests of Senator McIlhinney, Connor Doyle, Bucks County swimmer of the year, and his family, please rise so that we may welcome you to the Pennsylvania Senate. (Applause.) The PRESIDENT. I got a chance to meet them and Connor is going to give me swimming lessons because I work too hard in

4 380 LEGISLATIVE JOURNAL SENATE APRIL 25, the pool, and his father is serving as his agent and has already negotiated the price. It is great to have you guys here. GUESTS OF SENATOR ROBERT TOMLINSON PRESENTED TO THE SENATE Bucks, Senator Tomlinson. Senator TOMLINSON. Mr. President, I rise today to introduce my guests, who are sitting on the Senate floor with us today, Mr. Merrill Reese and his wife, Cindy. It is a great honor for me to introduce Merrill Reese, the voice of the Philadelphia Eagles for over four decades. This past year Merrill was inducted into the Philadelphia Eagles Hall of Fame. Merrill is a graduate of Temple University with a degree in communications and broadcasting. He proudly served the United States Navy as a Public Affairs Officer, earning the rank of lieutenant. Merrill began his career in broadcasting at WPAZ in Pottstown, eventually landing the job of play-by-play announcer for the Philadelphia Eagles in Since then, he has become one of the most recognized voices in all of sports. Merrill has called some of the most famous plays, such as the Miracle at the Meadowlands, both 1 and 2--and who can forget that?--as well as Wilbert Montgomery's 41-yard touchdown run to beat the Dallas Cowboys in and who could forget that? Merrill has been named Pennsylvania Sportscaster of the Year by the National Association of Sportscasters and Sportswriters numerous times. He is also the winner of the Lindsey Nelson Award for Excellence in Sportscasting by the All American Football Association. In addition to the Philadelphia Eagles Hall of Fame, Merrill has been inducted into the Pennsylvania Sports Hall of Fame, the Philadelphia Sports Hall of Fame, and the Temple University Communications Hall of Fame. Merrill is part owner of WBCB 1490 radio in Levittown and serves as vice president and general manager. Merrill is an avid golfer who competes in numerous charity events and is also an avid tennis player. There is no greater thrill--merrill and I have played in many charity outings, special olympics, and different outings to raise money for charities in Bucks County--nothing is more thrilling than to listen to Merrill Reese describe the outstanding drive that you have just made. It almost sounds like you are on television when Merrill plays golf with you. He is a great community member and a great champion for great causes. He resides in Blue Bell with his wife, Cindy. His son, Nolan, is a film editor in Hollywood, California, and daughter, Ida, is a graphic designer. I ask my friends and colleagues here on the Senate floor to please welcome Merrill Reese, the voice of the Philadelphia Eagles for over four decades. The PRESIDENT. Would the guest of Senator Tomlinson, the great Merrill Reese, please rise so that we may welcome you to the Pennsylvania Senate. (Applause.) The PRESIDENT. Total Eagles fan up here, folks. I grew up with Merrill Reese. I am thrilled to see him. GUESTS OF SENATOR MICHAEL R. REGAN PRESENTED TO THE SENATE York, Senator Regan. Senator REGAN. Mr. President, I am honored to introduce the Cumberland Valley Boys' Water Polo Team, who are Pennsylvania's State water polo champions for the second year in a row. Water polo may not be as well known or as widely watched as basketball or football, but it is a grueling sport that attracts some of the fiercest competitors. It demands endurance, persistence, and true grit. These boys often leave practice with ice packs, ace bandages, and gauze, and they keep coming back for more. These young men are fierce competitors with a never-say-die spirit. Our Eagles from Cumberland Valley have compiled a remarkable 17-0 record this past season in so many lopsided victories. The Eagles outscored their opponents by an incredible combined 226 to 84, which PennLive reported in October. Many of the starters have been named first and second team All-State. Some are small in size, but all are mighty in spirit, and flat-out relentless. Coached by Corey Pelow and assistant coach Jeremy Souder, these men have natural talent, a wealth of experience, and a perfect will to win on their side. I am so proud of these young athletes who are also outstanding young men, and I am honored to have them with me today in the gallery. Mr. President, please join me in saluting Pennsylvania's water polo champions, the Cumberland Valley Eagles, who are back on top once again. The PRESIDENT. Would the Cumberland Valley Water Polo State Champions please rise so that we may welcome you to the Pennsylvania State Senate. Congratulations. (Applause.) GUESTS OF SENATOR MICHELE BROOKS PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentlewoman from Mercer, Senator Brooks. Senator BROOKS. Mr. President, today I am very happy to be joined by two wonderful young ladies from the 50th Senatorial District who are serving as guest Pages here in the Senate. They are Alaina Harpst and Anna Cooper, who are eighth-graders at Saint Michael School in Greenville. Their chaperone is Doug Dorio, their social studies teacher at Saint Michael. Both are involved with the Junior Academy of Science, and National History Day. Alaina is the class treasurer at Saint Michael and an altar server, as well as a member of the band, while also competing in basketball, golf, and track. Anna is an honor student and a member of the choir, band, cheerleading squad, and soccer team. She also is an American Heritage Girl and volunteers at Saint Paul's. It is wonderful to have these impressive young women joining us in the Senate today as they learn more about State government. Please join me in giving Alaina and Anna a very warm Senate welcome as they enjoy a day as guest Pages here at the Capitol. The PRESIDENT. Would the guests of Senator Brooks, Anna and Alaina, please rise so that we may welcome you as guest Pages. You are doing a great job. GUEST OF SENATOR PATRICK J. STEFANO PRESENTED TO THE SENATE Fayette, Senator Stefano.

5 2017 LEGISLATIVE JOURNAL SENATE 381 Senator STEFANO. Mr. President, today I rise, but not to talk about Rostraver Ice Garden or that you can cast your 50 votes at Krafthockeyville.com. No, today, I rise to introduce my spring intern to the Senate. Jacob Farris has been with us since early winter, and today he is at the Capitol with me with a very full day of meetings and committee hearings. Jake lives in Connellsville and attends my alma mater at Penn State Fayette, The Eberly Campus, where he is studying business management. This is Jake's last week with us at the Connellsville office. I thank him for working with us and assisting with the Senator For A Day program, helping countless constituents with their property tax rebates, and the many projects he worked on in my office. I wish him well in his future studies, and based on what I observed with his work ethic, a very successful career. I ask my colleagues to give Jake a warm welcome to the Pennsylvania Senate. The PRESIDENT. Would the guest of Senator Stefano, Jake, please rise so that we may welcome you to the Pennsylvania Senate. Thank you for a great job on the internship. (Applause.) GUESTS OF SENATOR DAVID G. ARGALL PRESENTED TO THE SENATE Schuylkill, Senator Argall. Senator ARGALL. Mr. President, visiting us from Schuylkill County today, I would like us to recognize the Minersville Area Junior/Senior High School Girls' Basketball Team, recent victors in the PIAA State Class AA Girls' Basketball Championship. The team is seated in the Senate gallery. It is important to note that this is the first time in the program's history that they have won this championship, and they did it in style with a record of I offer them a very warm Senate welcome. The PRESIDENT. Would the guests of Senator Argall, the dominating Minersville Area High School Girls' Basketball Championship Team, please rise so we can congratulate you for being champions and welcome you here. (Applause.) GUEST OF SENATOR STEWART J. GREENLEAF PRESENTED TO THE SENATE Montgomery, Senator Greenleaf. Senator GREENLEAF. Mr. President, I rise to introduce our Chaplain for today, who is from my senatorial district, Pastor Keith Ingram. He has a BA in theology from Southern Adventist University. He has taught and used those lessons well at his church. He is an individual who abides by a provision that he told us. Although he grew up in the church, he was taught that it was important for him to develop his relationship with God. As a teenager, he made up his mind to live life in accordance with Matthew 6:33 where Jesus states, "But seek first the Kingdom of God and His righteousness, and all these things shall be added to you." He also learned how to play the guitar and met his wife during that period of time, so he is a talented musician, as well. He has three children, I believe they are 1, 3, and 5, and it is my pleasure to introduce Pastor Ingram and to ask the Senate to welcome him for his services today. The PRESIDENT. Would the guest of Senator Greenleaf, Pastor Ingram, who gave our opening prayer today, please rise so that we may welcome you to the Pennsylvania Senate. Thank you very much for your prayer. (Applause.) RECESS Centre, Senator Corman. Senator CORMAN. Mr. President, I request a recess of the Senate for purposes of a series of off-the-floor committee meetings to be held in the Rules room, starting with the Committee on Rules and Executive Nominations, followed by the Committee on Labor and Industry, and followed by the Committee on Transportation. At the conclusion of those committee meetings, there will be a Republican caucus immediately in the Majority Caucus Room. Allegheny, Senator Fontana. Senator FONTANA. Mr. President, I ask that Democrats join the committee meetings and then attend a Democratic caucus in the rear of the Chamber. The PRESIDENT. For purposes of meetings of the Committee on Rules and Executive Nominations, to be followed by the Committee on Labor and Industry, to be followed by the Committee on Transportation, to be followed by Republican and Democratic caucuses, without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Wagner has returned, and his temporary Capitol leave is cancelled. LEAVE CHANGED Centre, Senator Corman. Senator CORMAN. Mr. President, I request that Senator Mensch's leave be changed from a personal leave to a legislative leave. The PRESIDENT. Senator Corman requests that Senator Mensch's leave be changed from a personal leave to a legislative leave. Without objection, the leave will be changed. CALENDAR THIRD CONSIDERATION CALENDAR BILL OVER IN ORDER TEMPORARILY SB 5 -- Without objection, the bill was passed over in its order temporarily at the request of Senator GORDNER. BILLS OVER IN ORDER SB 8 and SB Without objection, the bills were passed over in their order at the request of Senator GORDNER.

6 382 LEGISLATIVE JOURNAL SENATE APRIL 25, BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 95 (Pr. No. 741) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in particular rights and immunities, providing for immunity for constitutionally protected communications. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-43 Alloway Eichelberger McGarrigle Tartaglione Argall Farnese McIlhinney Tomlinson Baker Folmer Mensch Vogel Blake Fontana Rafferty Vulakovich Boscola Gordner Regan Wagner Brewster Haywood Sabatina Ward Brooks Hughes Scarnati White Browne Killion Scavello Williams Corman Langerholc Schwank Yaw Costa Laughlin Stefano Yudichak Dinniman Leach Street NAY-7 Aument DiSanto Hutchinson Reschenthaler Bartolotta Greenleaf Martin A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. BILLS OVER IN ORDER SB 201 and HB Without objection, the bills were passed over in their order at the request of Senator GORDNER. BILL LAID ON THE TABLE SB 288 (Pr. No. 274) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in rules of the road in general, further providing for duty of driver in emergency response areas. Upon motion of Senator GORDNER, and agreed to by voice vote, the bill was laid on the table. SB 288 TAKEN FROM THE TABLE Senator GORDNER. Mr. President, I move that Senate Bill No. 288, Printer's No. 274, be taken from the table and placed on the Calendar. The motion was agreed to by voice vote. The PRESIDENT. The bill will be placed on the Calendar. BILLS OVER IN ORDER SB 289, SB 298 and SB Without objection, the bills were passed over in their order at the request of Senator GORDNER. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 554 (Pr. No. 740) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in human trafficking, further providing for definitions, repealing provisions relating to appropriate implementation for minor victims of human trafficking, providing for special relief to restore victim's dignity and autonomy and for safe harbor for sexually exploited children, establishing the Safe Harbor for Sexually Exploited Children Fund and imposing penalties; in riot, disorderly conduct and related offenses, further providing for the offense of obstructing highways and other public passages; in public indecency, further providing for the offense of prostitution and related offenses; and, in juvenile matters, providing for immunity and for dependency in lieu of delinquency. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? Montgomery, Senator Greenleaf. Senator GREENLEAF. Mr. President, I rise in favor of this legislation. Last Session, this Chamber and the legislature passed a bill to provide additional penalties for people involved in trafficking of children, and provided significant penalties for those offenses. In addition, it also began the process of stopping the treatment of the victim as a criminal and the criminal as a victim. In these cases, when a child has been trafficked, all too often they were treated as a criminal and nothing was done to the pimp. They are not really pimps, that is even too good of a word for them. They are people who are habitual, violent sexual predators, but they manipulate these children and use them for trafficking purposes. This bill establishes a general rule that children under the age of 18 who are victims of human trafficking will be provided specialized services instead of facing charges in the juvenile justice system. In addition, it provides training for law enforcement officers so they know how to treat the victim and rehabilitate them. There is also some criminal immunity for minor charges that could have been filed against them. We should not file charges against them. That makes them even more victimized when we do that. We are going to use dependency in lieu of delinquency in our approach to them and not put them through the juvenile justice system but provide them help and assistance from the Department of Human Services. There also is a provision here for -- all too often, what the pimp does is put tattoos on their victim, and they are acting as their father and a person who cares about them, but they do not care about them at all. They are just using them, and so far they

7 2017 LEGISLATIVE JOURNAL SENATE 383 have gotten away with it in our society. That is ending, and this is the last part of that provision. What we are doing is finally treating them as victims, not as criminals. We have a program we can use to rehabilitate them and put them back on the path that they were involved in before their capture by the sexual predator. This bill would allow for paying for the removal of those tattoos from their body. This may be a symbolic thing, but it is an important thing because it is a first step in their rehabilitation, taking them away from the domination and manipulation of the predator who has been using them for trafficking. So, I ask for an affirmative vote on the legislation. Chester, Senator Dinniman. Senator DINNIMAN. Mr. President, this is an important bill that Senator Greenleaf took the lead in putting together. It deals with human trafficking. It deals with young people, and I hope that all Members here support this bill. It is another one of the steps. We have done two previous bills to deal with the serious issue of human trafficking that is occurring in our communities. Thank you, Mr. President. Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-50 Alloway DiSanto Leach Street Argall Eichelberger Martin Tartaglione Aument Farnese McGarrigle Tomlinson Baker Folmer McIlhinney Vogel Bartolotta Fontana Mensch Vulakovich Blake Gordner Rafferty Wagner Boscola Greenleaf Regan Ward Brewster Haywood Reschenthaler White Brooks Hughes Sabatina Williams Browne Hutchinson Scarnati Yaw Corman Killion Scavello Yudichak Costa Langerholc Schwank Dinniman Laughlin Stefano NAY-0 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator GORDNER. SECOND CONSIDERATION CALENDAR BILLS OVER IN ORDER SB 9 and HB Without objection, the bills were passed over in their order at the request of Senator GORDNER. BILL OVER IN ORDER AND LAID ON THE TABLE SB 54 (Pr. No. 35) -- The Senate proceeded to consideration of the bill, entitled: An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for dog purchaser protection. Without objection, the bill was passed over in its order at the request of Senator GORDNER. Pursuant to Senate Rule 9, the bill was laid on the table. BILLS OVER IN ORDER SB 88, SB 108, SB 128, HB 165, SB 222, SB 242 and SB Without objection, the bills were passed over in their order at the request of Senator GORDNER. BILL OVER IN ORDER AND LAID ON THE TABLE SB 297 (Pr. No. 299) -- The Senate proceeded to consideration of the bill, entitled: An Act amending the act of October 17, 2008 (P.L.1645, No.132), known as the Home Improvement Consumer Protection Act, further providing for definitions, for registration of contractors, for home improvement fraud and for prohibited acts. Without objection, the bill was passed over in its order at the request of Senator GORDNER. Pursuant to Senate Rule 9, the bill was laid on the table. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator GORDNER. BILL ON SECOND CONSIDERATION SB 354 (Pr. No. 710) -- The Senate proceeded to consideration of the bill, entitled: An Act amending the act of July 2, 1993 (P.L.345, No.48), entitled "An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; providing additional powers to the Commissioner of Professional and Occupational Affairs; and further providing for civil penalties and license suspension," providing for reporting of sanctions and criminal proceedings and for temporary and automatic suspension. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 363, SB 383, SB 406 and SB Without objection, the bills were passed over in their order at the request of Senator GORDNER.

8 384 LEGISLATIVE JOURNAL SENATE APRIL 25, BILL ON SECOND CONSIDERATION AND REREFERRED SB 458 (Pr. No. 711) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in contract carrier by motor vehicle and broker, further providing for declaration of policy and definitions; and, in violations and penalties, further providing for unauthorized operation by carriers and brokers. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. Upon motion of Senator GORDNER, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. BILLS OVER IN ORDER SB 494, SB 530, SB 531 and SB Without objection, the bills were passed over in their order at the request of Senator GORDNER. THIRD CONSIDERATION CALENDAR RESUMED RECONSIDERATION OF SB 95 BILL ON FINAL PASSAGE SB 95 (Pr. No. 741) -- Senator GORDNER. Mr. President, I move that the Senate do now reconsider the vote by which Senate Bill No. 95, Printer's No. 741, passed finally. A voice vote having been taken, the question was determined in the affirmative. Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-42 Alloway Folmer McIlhinney Tomlinson Argall Fontana Mensch Vogel Baker Gordner Rafferty Vulakovich Blake Greenleaf Regan Wagner Boscola Haywood Sabatina Ward Brewster Hughes Scarnati White Browne Killion Scavello Williams Corman Langerholc Schwank Yaw Costa Laughlin Stefano Yudichak Dinniman Leach Street Farnese McGarrigle Tartaglione NAY-8 Aument Brooks Eichelberger Martin Bartolotta DiSanto Hutchinson Reschenthaler A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. SB 5 CALLED UP SB 5 (Pr. No. 470) -- Without objection, the bill, which previously went over in its order temporarily, was called up, from page 1 of the Third Consideration Calendar, by Senator GORDNER. BILL AMENDED SB 5 (Pr. No. 470) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in general provisions, providing for findings regarding firearms and ammunition; and, in preemptions, providing for regulation of firearms and ammunition. Will the Senate agree to the bill on third consideration? BOSCOLA AMENDMENT A1025 Senator BOSCOLA offered the following amendment No. A1025: Amend Bill, page 4, by inserting between lines 9 and 10: Section 2. Within 30 days of the effective date of this section, the Attorney General shall notify in writing all municipalities of the provisions of 53 Pa.C.S Amend Bill, page 4, line 10, by striking out "2" and inserting: 3 Amend Bill, page 4, line 10, by striking out "in 60 days." and inserting: as follows: (1) The addition of 53 Pa.C.S. 102 and 305 shall take effect in 60 days. (2) The remainder of this act shall take effect immediately. Cambria, Senator Langerholc. Senator LANGERHOLC. Mr. President, I thank Senator Boscola for working with me on this amendment. It is agreed to and I commend her for her understanding of the issue and her willingness to offer an improvement to Senate Bill No. 5. Mr. President, I ask my colleagues for an affirmative vote on amendment No. A1025. Thank you. The yeas and nays were required by Senator BOSCOLA and were as follows, viz: YEA-50 Alloway DiSanto Leach Street Argall Eichelberger Martin Tartaglione Aument Farnese McGarrigle Tomlinson Baker Folmer McIlhinney Vogel Bartolotta Fontana Mensch Vulakovich Blake Gordner Rafferty Wagner Boscola Greenleaf Regan Ward Brewster Haywood Reschenthaler White

9 2017 LEGISLATIVE JOURNAL SENATE 385 Brooks Hughes Sabatina Williams Browne Hutchinson Scarnati Yaw Corman Killion Scavello Yudichak Costa Langerholc Schwank Dinniman Laughlin Stefano NAY-0 A majority of the Senators having voted "aye," the question was determined in the affirmative. Will the Senate agree to the bill on third consideration, as amended? HUGHES AMENDMENT A0528 OFFERED Senator HUGHES offered the following amendment No. A0528: Amend Bill, page 2, lines 27 through 30; page 3, line 1; by striking out "The Commonwealth by this section" in line 27, all of lines 28 through 30 on page 2 and all of line 1 on page 3 and inserting: A local regulation by a political subdivision of firearms, ammunition, firearms components or ammunition components in this Commonwealth adopted prior to the effective date of this section shall not be subject to the provisions of this section. Philadelphia, Senator Hughes. Senator HUGHES. Mr. President, this amendment No allows municipalities that already have ordinances in existence regarding firearms and ammunition to be grandfathered in in the overall legislation. Mr. President, we talk at great length around the issue of local control and returning local control to communities so they can make the decision as it relates to their own communities. Several municipalities across the Commonwealth have done so, have introduced their own ordinances, have gone through the process of public hearings and public conversation within the confines of their own communities, and passed and enacted ordinances to assist in the growing problem of gun violence in their own community. We feel it is only appropriate that as this legislation potentially moves through the process, that those local communities' ordinances be grandfathered in in the overall legislation. Thank you, Mr. President. The yeas and nays were required by Senator HUGHES and were as follows, viz: YEA-16 Blake Fontana Killion Schwank Costa Greenleaf Leach Street Dinniman Haywood McGarrigle Tartaglione Farnese Hughes Sabatina Williams NAY-34 Alloway Corman McIlhinney Vogel Argall DiSanto Mensch Vulakovich Aument Eichelberger Rafferty Wagner Baker Folmer Regan Ward Bartolotta Gordner Reschenthaler White Boscola Hutchinson Scarnati Yaw Brewster Langerholc Scavello Yudichak Brooks Laughlin Stefano Browne Martin Tomlinson Less than a majority of the Senators having voted "aye," the question was determined in the negative. Will the Senate agree to the bill on third consideration, as amended? HUGHES AMENDMENT A0530 OFFERED Senator HUGHES offered the following amendment No. A0530: Amend Bill, page 4, lines 5 and 6, by striking out all of said lines Philadelphia, Senator Hughes. Senator HUGHES. Mr. President, this amendment removes the membership organizations from the definition of "person adversely affected." It is unacceptable, Mr. President, to allow any organization to bring suit against our municipalities simply because they have a resident of the Commonwealth among their membership. This legislation, in many respects, is bullying municipalities out of enacting regulations demanded by their citizens. We believe, Mr. President, and this has been discussed before in previous conversations about this legislation, that the idea of membership organizations having this option and having this opportunity is inappropriate. We ask for it to be removed from this legislation. That is what amendment No. A0530 does. Thank you. The yeas and nays were required by Senator HUGHES and were as follows, viz: YEA-17 Blake Fontana Killion Schwank Boscola Greenleaf Leach Street Costa Haywood McGarrigle Tartaglione Dinniman Hughes Sabatina Williams Farnese NAY-33 Alloway DiSanto Mensch Vulakovich Argall Eichelberger Rafferty Wagner Aument Folmer Regan Ward Baker Gordner Reschenthaler White

10 386 LEGISLATIVE JOURNAL SENATE APRIL 25, Bartolotta Hutchinson Scarnati Yaw Brewster Langerholc Scavello Yudichak Brooks Laughlin Stefano Browne Martin Tomlinson Corman McIlhinney Vogel Less than a majority of the Senators having voted "aye," the question was determined in the negative. Will the Senate agree to the bill on third consideration, as amended? HUGHES AMENDMENT A0534 OFFERED Senator HUGHES offered the following amendment No. A0534: Amend Bill, page 3, by inserting between lines 25 and 26: (c) Exemptions.--Notwithstanding subsection (a), a local ordinance or rule may be enacted to prohibit the carrying or possession of firearms on municipal property, including, but not limited to, municipal buildings, libraries and parks. Amend Bill, page 3, line 26, by striking out "(c)" and inserting: (d) Philadelphia, Senator Hughes. Senator HUGHES. Simply, Mr. President, this allows a municipality to enact regulations regarding firearms and ammunition on municipally-owned property. For example, this would allow for municipally-owned parks, libraries, public buildings, and recreation centers to have rules and regulations in place around the issues of regulating firearms and ammunition. This is only confined, Mr. President, to those municipally-owned facilities. As I said, in a municipally-owned library, park, recreation center, a public building, something that the municipality owns and something that folks in that community have determined they want some level of regulations on those municipally-owned properties, this would give those communities the opportunity to regulate accordingly. I ask for your support of this amendment. Thank you, Mr. President. The yeas and nays were required by Senator HUGHES and were as follows, viz: YEA-16 Blake Fontana Killion Schwank Costa Greenleaf Leach Street Dinniman Haywood McGarrigle Tartaglione Farnese Hughes Sabatina Williams NAY-34 Alloway Corman McIlhinney Vogel Argall DiSanto Mensch Vulakovich Aument Eichelberger Rafferty Wagner Baker Folmer Regan Ward Bartolotta Gordner Reschenthaler White Boscola Hutchinson Scarnati Yaw Brewster Langerholc Scavello Yudichak Brooks Laughlin Stefano Browne Martin Tomlinson Less than a majority of the Senators having voted "aye," the question was determined in the negative. Will the Senate agree to the bill on third consideration, as amended? HUGHES AMENDMENT A0537 OFFERED Senator HUGHES offered the following amendment No. A0537: Amend Bill, page 3, lines 29 and 30; page 4, lines 1 through 6; by striking out all of said lines on said pages and inserting: "Person adversely affected." A person who: (1) has resided in the political subdivision in question for a continuous period of no less than 12 months; and (2) is subject to any manner of regulation alleged to be promulgated or enforced in violation of section 2962(g) or 18 Pa.C.S. 6120(a). Philadelphia, Senator Hughes. Senator HUGHES. Mr. President, this amendment allows that for a person to file an action, they must live in a municipality for 1 year before they can file the action. Quite frankly, Mr. President, only individuals who live in a municipality should be able to bring suit against that municipality. You have many municipalities in the Commonwealth, and we trust local governments to have the knowledge of what their communities want and need. We should not be allowing outside residents or groups from, in this case the way this legislation is written, Senate Bill No. 5, it allows folks from all over the country to come in and sue a local municipality around this set of issues. This would put some restrictions on that and allow, Mr. President, only a resident in that municipality for 1 year will have the opportunity and option to file an action. Thank you, Mr. President. The yeas and nays were required by Senator HUGHES and were as follows, viz: YEA-18 Blake Farnese Killion Street Boscola Fontana Leach Tartaglione Brewster Greenleaf McGarrigle Williams Costa Haywood Sabatina Dinniman Hughes Schwank

11 2017 LEGISLATIVE JOURNAL SENATE 387 NAY-32 Alloway DiSanto McIlhinney Tomlinson Argall Eichelberger Mensch Vogel Aument Folmer Rafferty Vulakovich Baker Gordner Regan Wagner Bartolotta Hutchinson Reschenthaler Ward Brooks Langerholc Scarnati White Browne Laughlin Scavello Yaw Corman Martin Stefano Yudichak Less than a majority of the Senators having voted "aye," the question was determined in the negative. Without objection, the bill, as amended, was passed over in its order at the request of Senator GORDNER. COMMUNICATIONS FROM THE GOVERNOR REPORTED FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator ALLOWAY, from the Committee on Rules and Executive Nominations, reported the following nominations made by His Excellency, the of the Commonwealth, which were read by the Clerk as follows: MEMBER OF THE STATE BOARD OF CHIROPRACTIC March 9, 2017 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Miriam Woods (Public Member), 860 Bell Lane, Maple Glen 19002, Montgomery County, Seventh Senatorial District, for reappointment as a member of the State Board of Chiropractic, to serve for a term of four years, and until her successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE BOARD OF MASSAGE THERAPY March 29, 2017 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Camille Baughman, 24 Walnut Street, Carlisle 17013, Cumberland County, Thirty-first Senatorial District, for reappointment as a member of the State Board of Massage Therapy, to serve until October 9, 2020, and until her successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE BOARD OF OPTOMETRY February 28, 2017 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Jeffrey Becker, 124 Cove Point Circle, Lakeville 18438, Wayne County, Twentieth Senatorial District, for appointment as a member of the State Board of Optometry, to serve for a term of four years, and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Karl Streilein, Corry, whose term expired. MEMBER OF THE STATE BOARD OF OSTEOPATHIC MEDICINE March 29, 2017 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Randy Litman, 864 Garfield Avenue, Lansdale 19446, Montgomery County, Twelfth Senatorial District, for reappointment as a member of the State Board of Osteopathic Medicine, to serve for a term of four years, and until his successor is appointed and qualified, but not longer than six months beyond that period. NOMINATIONS LAID ON THE TABLE Senator ALLOWAY. Mr. President, I request that the nominations just read by the Clerk be laid on the table. The PRESIDENT. The nominations will be laid on the table. EXECUTIVE NOMINATIONS EXECUTIVE SESSION Motion was made by Senator ALLOWAY, That the Senate do now resolve itself into Executive Session for the purpose of considering certain nominations made by the. Which was agreed to by voice vote. NOMINATIONS TAKEN FROM THE TABLE Senator ALLOWAY. Mr. President, I call from the table certain nominations and ask for their consideration. The Clerk read the nominations as follows: MEMBER OF THE STATE BOARD OF CHIROPRACTIC March 9, 2017 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Miriam Woods (Public Member), 860 Bell Lane, Maple Glen 19002, Montgomery County, Seventh Senatorial District, for reappointment as a member of the State Board of Chiropractic, to serve for a term of four years, and until her successor is appointed and qualified, but not longer than six months beyond that period.

12 388 LEGISLATIVE JOURNAL SENATE APRIL 25, MEMBER OF THE STATE BOARD OF MASSAGE THERAPY March 29, 2017 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Camille Baughman, 24 Walnut Street, Carlisle 17013, Cumberland County, Thirty-First Senatorial District, for reappointment as a member of the State Board of Massage Therapy, to serve until October 9, 2020, and until her successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE BOARD OF OPTOMETRY February 28, 2017 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Jeffrey Becker, 124 Cove Point Circle, Lakeville 18438, Wayne County, Twentieth Senatorial District, for appointment as a member of the State Board of Optometry, to serve for a term of four years, and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Karl Streilein, Corry, whose term expired. MEMBER OF THE STATE BOARD OF OSTEOPATHIC MEDICINE March 29, 2017 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Randy Litman, 864 Garfield Avenue, Lansdale 19446, Montgomery County, Twelfth Senatorial District, for reappointment as a member of the State Board of Osteopathic Medicine, to serve for a term of four years, and until his successor is appointed and qualified, but not longer than six months beyond that period. Will the Senate advise and consent to the nominations? The yeas and nays were required by Senator ALLOWAY and were as follows, viz: YEA-50 Alloway DiSanto Leach Street Argall Eichelberger Martin Tartaglione Aument Farnese McGarrigle Tomlinson Baker Folmer McIlhinney Vogel Bartolotta Fontana Mensch Vulakovich Blake Gordner Rafferty Wagner Boscola Greenleaf Regan Ward Brewster Haywood Reschenthaler White Brooks Hughes Sabatina Williams Browne Hutchinson Scarnati Yaw Corman Killion Scavello Yudichak Costa Langerholc Schwank Dinniman Laughlin Stefano NAY-0 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the be informed accordingly. EXECUTIVE SESSION RISES Senator ALLOWAY. Mr. President, I move that the Executive Session do now rise. The motion was agreed to by voice vote. UNFINISHED BUSINESS BILLS REPORTED FROM COMMITTEES Senator FOLMER, from the Committee on State Government, reported the following bills: SB 168 (Pr. No. 140) An Act providing for notice and disclosure of proposed collective bargaining agreements and related documents and for open records. SB 353 (Pr. No. 377) An Act authorizing and directing the Department of General Services, with the approval of the and the Department of Military and Veterans Affairs, to grant and convey to the Pennhurst Memorial Preservation Alliance, or its assigns, a certain tract of land with certain improvements on it situate in East Vincent Township, Chester County. SB 503 (Pr. No. 500) An Act amending Title 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in open meetings, further providing for executive sessions. SB 504 (Pr. No. 753) (Amended) An Act amending the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, in procedure, further providing for exceptions for public records. SB 539 (Pr. No. 754) (Amended) An Act providing for the preservation and maintenance of the Pennsylvania State area portion of the Medal of Honor Grove in Schuylkill Township, Chester County. Senator WARD, from the Committee on Labor and Industry, reported the following bill: SB 269 (Pr. No. 755) (Amended) An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, in preliminary provisions, further providing for definitions and for Uniform Construction