COMMONWEALTH OF PENNSYLVANIA TUESDAY, JUNE 25, 2002

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1 COMMONWEALTH OF PENNSYLVANIA TUESDAY, JUNE 25, 2002 SESSION OF TH OF THE GENERAL ASSEMBLY No. 47 SENATE TUESDAY, June 25,2002 The Senate met at 2 p.m.. Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Robert C. Jubelirer) in the Chair. PRAYER The following prayer was offered by the Secretary of the Senate, Hon. MARK R. CORRIGAN: Let us pray. Eternal God, who has created everything that exists and sustains it with faithful love and continuing blessing, as we begin another day in the service of Your people, we pray that You would refresh our hearts and our minds. Help us to properly exercise the power entrusted to us, to build and to lead, that You and Your people of God may be ennobled by our efforts. Amen. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR MICHAEL A. OTAKE PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Mr. President, thank you for taking me out of order. We have some special guests in the gallery who have to catch a bus back to Berks County. They are the State PIAA Class AA Girls' State Softball Champions, the Kutztown Area Senior High School Lady Cougars. This is the second time in 6 years that they have won the State championship. They have won five consecutive Berks County championships and two District III championships. They compiled a 26-4 record this year, and in the State finals beat a very good team from Bellefonte, Centre County. I ask the Senate to recognize and extend its usual warm welcome to the Kutztown Area Senior High School Lady Cougars Softball Team, as well as their coach, Gary Miklus, and the assistant coaches and some school officials in the gallery. We are proud of them. The PRESIDENT. Would the guests of Senator O'Pake please rise so we may congratulate you and welcome you to the Senate of Pennsylvania. (Applause.) GUESTS OF SENATOR JAKE CORMAN PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Centre, Senator Corman. Senator CORMAN. Mr. President, as an alumnus of Bellefonte Area High School, I, too, congratulate Kutztown, even though they knocked out my alma mater, but it was a great year in Centre County for girls' Softball. Not only did Bellefonte Area High School get to the finals before falling to Kutztown, but State College Area High School got to the semifinals in Class AAA, and Penns Valley High School, who is with us today, was victorious in winning the Pennsylvania Class A State Championship. Just so we get to know these young ladies, I think they are going to be back because there are only two seniors on the team, so they may just be keeping their seats warm for next year. Their head coach, Don Lucas, is with them today. Penns Valley had a 24-2 record. They defeated Blue Ridge 1-0 in the State championship game, and in doing so they beat a pitcher who had not given up a run in the last 38 innings. The Penns Valley Lady Rams had their most successful season ever in school history, winning at one time 19 straight games on their way to the PIAA finals. The players are Brittany Corl, the team's all-time hit leader who scored the winning run, Rachel Gaddis, Michele Glasgow, Jessica Hege, Lauren Helm, Donelle Homan, Desiree Leitch, Kari Lucas, Joni Mothersbaugh, Lyndsey Neff, Kimberly Phillips, Kate Rishel, Megan Rockey, Kathryn Searfoss, Heidi Stover, Sara Watson, and Christine Wiest, who pitched the 1-0 championship game. Trey Judy and Nicole Stroud are the team managers. I would like the Senate to give its usual warm welcome to the Lady Rams. The PRESIDENT. Would the guests of Senator Corman please rise so we may congratulate you and welcome you. (Applause.) LEGISLATIVE LEAVES The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill. Senator Mr. President, I ask for a legislative leave for Senator Holl, and a temporary Capitol leave for Senator Helfrick. The PRESIDENT. Senator Brightbill requests a legislative leave for today's Session for Senator Holl, and a temporary Capitol leave for Senator Helfrick. Without objection, those leaves will be granted.

2 1982 LEGISLATIVE JOURNAL SENATE JUNE 25, LEAVE OF ABSENCE Senator O'PAKE asked and obtained a leave of absence for Senator A.H. WILLIAMS, for today's Session, for personal reasons. JOURNAL APPROVED The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of June 24, The Clerk proceeded to read the Journal of the preceding Session. Senator Mr. President, I move that further reading of the Journal be dispensed with and the Journal be approved. Will the Senate agree to the motion? The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz: Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson Fumo Gerlach Greenleaf Helfrick Holl Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow YEA-49 Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades Robbins Scamati Schwartz Stack Stout NAY-0 Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Constance Wozniak A majority of the Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. The Journal is approved. SPECIAL ORDER OF BUSINESS GUEST OF SENATOR MIKE WAUGH PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from York, Senator Waugh. Senator WAUGH. Mr. President, I have a guest in the gallery today. I would like to introduce the Members to Julia Bahn, who is working as a summer intern for the 28th Senatorial District. She is from York, Pennsylvania. On May 11, Julia graduated from Penn State, where she received a bachelor of science degree in agricultural business management, and she is spending the summer working in our office. It is a little unusual this year. Normally, the interns in our office work in the district. Julia is working here in the Capitol, specifically helping Kristin Ebersole, Director of the Committee on Agricultural and Rural Affairs, with her assignments this summer. This fall she plans to attend Dickinson School of Law in Carlisle and has a goal of practicing agricultural law. The PRESIDENT. Would the guest of Senator Waugh kindly rise so we may welcome you to the Senate of Pennsylvania. (Applause.) COMMUNICATIONS FROM THE GOVERNOR APPROVAL OF SENATE BILLS The PRESIDENT laid before the Senate communications in writing from His Excellency, the of the Commonwealth, advising that the following Senate Bills had been approved and signed by the : SB 1093,1171,1184,1192,1248,1249 and HOUSE MESSAGES HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE BILL The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate to HB SENATE BILLS RETURNED WITH AMENDMENTS The Clerk of the House of Representatives returned to the Senate SB 33 and 1366, with the information the House has passed the same with amendments in which the concurrence of the Senate is requested. The PRESIDENT. Pursuant to Senate Rule XIV, section 5, these bills will be referred to the Committee on Rules and Executive Nominations. HOUSE BILLS FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committees indicated: June 25,2002 HB 955 ~ Committee on Banking and Insurance. HB 1542,1978 and 2609 ~ Committee on Labor and Industry. HB Committee on State Government. HOUSE RESOLUTIONS FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following resolutions for concurrence, which were referred to the committee indicated: June 25,2002 HR 570 and Committee on Intergovernmental Affairs.

3 2002 LEGISLATIVE JOURNAL SENATE 1983 BILLS SIGNED The PRESIDENT (Lieutenant Robert C. Jubelirer) in the presence of the Senate signed the following bills: HB 1272 and HB REPORTS FROM COMMITTEE Senator BELL, from the Committee on Consumer Protection and Professional Licensure, reported the following bills: SB 1042 (Pr. No. 1344) An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for an offense relating to fake airbags and junk-filled airbag compartments. SB 1208 (Pr. No. 1525) An Act amending the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law, further defining "practice of professional nursing"; further providing for the duties of the State Board of Nursing; and making a repeal. SB 1425 (Pr. No. 1964) An Act amending the act of December 4, 1996 (P.L.911, No. 147), known as the Telemarketer Registration Act, further providing for unlawful acts and penalties. HB 2207 (Pr. No. 2992) An Act amending the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law, further providing for procedure for licensing as professional land surveyor. RECESS The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill. Senator Mr. President, I ask for a recess of the Senate for the purpose of a Republican caucus, which will begin immediately. The PRESIDENT. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I also ask the Democratic Members to report to our caucus room. Could we have some indication as to the length of the caucus and how soon we can expect to be back on the floor? Senator Mr. President, I would judge an hour. The PRESIDENT. For purposes of Republican and Democratic caucuses to be held in their respective caucus rooms, without objection, the Senate will stand in recess. AFTER RECESS The PRESIDING OFFICER (Senator Mary Jo White) in the Chair. The PRESIDING OFFICER. The time of recess having expired, the Senate will come to order. SPECIAL ORDER OF BUSINESS ANNOUNCEMENTS BY THE SECRETARY The SECRETARY. Consent has been given for the following committee meetings to occur during today's Session: The Committee on Rules and Executive Nominations to consider Senate Bills No. 33,212, 380, 854, 1109, Senate Resolutions No. 243, 247, and certain nominations; also the Committee on Appropriations to consider House Bills No. 1482,2044,2100, and CALENDAR THIRD CONSIDERATION CALENDAR BILLS OVER IN ORDER HB 170, HB 497, SB 559, HB 582 and HB Without objection, the bills were passed over in their order at the request of Senator BILLS OVER IN ORDER TEMPORARILY SB 615 and HB 754 ~ Without objection, the bills were passed over in their order temporarily at the request of Senator BILL OVER IN ORDER HB 767 ~ Without objection, the bill was passed over in its order at the request of Senator BILLS OVER IN ORDER TEMPORARILY SB 1210 and SB Without objection, the bills were passed over in their order temporarily at the request of Senator BILL OVER IN ORDER SB 1258 ~ Without objection, the bill was passed over in its order at the request of Senator BILL OVER IN ORDER TEMPORARILY SB 1393 ~ Without objection, the bill was passed over in its order temporarily at the request of Senator BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 1396 (Pr. No. 1914) - The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for length of vehicles. Considered the third time and agreed to,

4 1984 LEGISLATIVE JOURNAL SENATE JUNE 25, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson Fumo Gerlach Greenleaf Helfrick Holl Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow YEA-49 Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades Robbins Scamati Schwartz Stack Stout NAY-0 Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Constance Wozniak 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 1403 and SB Without objection, the bills were passed over in their order at the request of Senator BILLREREFERRED SB 1433 (Pr. No. 2067) - The Senate proceeded to consideration An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, further providing for classification and order or payment of claims against the estate of a decedent. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL AMENDED SB 1448 (Pr. No. 2022) - The Senate proceeded to consideration An Act authorizing and directing the Department of General Services, with the approval of the, to grant and convey to Pennsylvania Suburban Water Company (as successor to Philadelphia Suburban Water Company by merger), certain lands situate in Canaan Township, Wayne County, and Carbondale and Fell Townships in Lackawanna County. On the question. Will the Senate agree to the bill on third consideration? Senator LEMMOND, on behalf of himself and Senator MEL LOW, offered the following amendment No. A3915: Amend Sec. 1, page 2, line 1, by striking out "all in accordance with" and inserting: subject to such consideration and terms as are provided in Amend Sec. 1, page 25, line 5, by inserting after "thereon.": The deed of conveyance shall contain the following covenant "under and subject to a condition that a portion of the lands herein conveyed shall contain a restriction stating that any area within 500 feet of the shoreline or the normal pool elevation of Carbondale Reservoir No.4 (as defined by the crest of the spillway elevation at the date of conveyance) shall remain open and that no development can occur on that portion of the property." Amend Sec. 1, page 25, lines 12 and 13, by striking out "in accordance with the Lease with Option to Purchase Agreement dated March 12, 2002" and inserting: by January 1, 2007 Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator LEAVE OF ABSENCE Senator BRIGHTBILL asked and obtained a leave of absence for Senator JUBELIRER, for today's Session, for personal reasons. THIRD CONSIDERATION CALENDAR RESUMED BILL OVER IN ORDER HB 1458 ~ Without objection, the bill was passed over in its order at the request of Senator BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 1485 (Pr. No. 2137) - The Senate proceeded to consideration An Act redesignating the Northeast Veterans Center as the Gino J. Merli Veterans Center. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, On the question. Shall the bill pass finally? The PRESIDING OFFICER. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Madam President, last week I had the opportunity of speaking on the floor of the Senate about a very distinguished American from northeastern Pennsylvania who passed away last week, Gino Merli, who was the recipient of the Congressional Medal of Honor. And with the indulgence of this body and the support of the leadership on both sides, we were able to report a bill out of committee last week and have it before us this evening which will rename the Northeastern Veterans Center in Scranton as the Gino J. Merli Veterans Center, and a finer tribute, Madam President, we could not give to an outstand-

5 2002 LEGISLATIVE JOURNAL SENATE 1985 ing American, an outstanding veteran, and a person who was prepared to pay the ultimate price so we could have the freedom we have here tonight and demonstrate in public. So I want to congratulate all Members of the Senate for taking this tremendous action in renaming the Northeastern Veterans Center after Mr. Gino Merli. Thank you. And the question recurring, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson Fumo Gerlach Greenleaf Helfrick Holl Hughes Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan YEA-48 Mellow Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades Robbins Scamati Schwartz NAY-0 Stack Stout Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Constance Wozniak 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 HB 2223, HB 2398 and HB Without objection, the bills were passed over in their order at the request of Senator SECOND CONSIDERATION CALENDAR BILL REREPORTED FROM COMMITTEE AS AMENDED ON SECOND CONSIDERATION SB 1372 (Pr. No. 2136) - The Senate proceeded to consideration An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for wage tax reduction; and making repeals. Ordered, To be printed on the Calendar for third consideration. SB 615 CALLED UP SB 615 (Pr. No. 665) ~ Without objection, the bill, which previously went over in its order temporarily, was called up, from page 2 of the Third Consideration Calendar, by Senator BILL AMENDED SB 615 (Pr. No. 665) ~ The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes,fiirtherproviding for restraint systems and points for violations. Will the Senate agree to the bill on third consideration? Senator MADIGAN offered the following amendment No. A3618: Amend Title, page 1, line 2, by inserting a period after "systems" Amend Title, page 1, lines 2 and 3, by striking out "and points" in line 2 and all of line 3 Amend Sec. 1, page 1, lines 6 through 18; pages 2 and 3, lines 1 through 30; page 4, lines 1 through 11, by striking out all of said lines on said pages and inserting: Section 1. Section 4581 of Title 75 of the Pennsylvania Consolidated Statutes is amended to read: Amend Sec. 1 (Sec. 4581), page 4, line 16, by striking out the bracket before "under" Amend Sec. 1 (Sec. 4581), page 4, lines 17 and 18, by striking out "] who is under four years of age or weighs under 40 pounds" Amend Sec. 1 (Sec. 4581), page 4, lines 25 through 28, by striking out "A second or" in line 25 and all of lines 26 through 28 Amend Sec. 1 (Sec. 4581), page 5, lines 2 and 3, by striking out "and who weighs at least 40 pounds and less than 80 pounds" Amend Sec. 1 (Sec. 4581), page 5, lines 12 through 15, by striking out "A second or subsequent violation of this paragraph" in line 12 and all of lines 13 through 15 Amend Sec. 1 (Sec. 4581), page 5, lines 16 through 20, by striking out "[under four years of age] who" in line 16, all of lines 17 through 19 and "than 80 pounds" in line 20 and inserting: under [four] eight years of age Amend Sec. 1 (Sec. 4581), page 7, line 15, by striking out "[shall] may" and inserting: shall Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator SB 1393 CALLED UP SB 1393 (Pr. No. 1911) - Without objection, the bill, which previously went over in its order temporarily, was called up, from page 4 of the Third Consideration Calendar, by Senator BILL AMENDED SB 1393 (Pr. No. 1911) - The Senate proceeded to consideration An Act amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for child passenger protection and for related penalties.

6 1986 LEGISLATIVE JOURNAL SENATE JUNE 25, Will the Senate agree to the bill on third consideration? Senator MADIGAN offered the following amendment No. A3617: Amend Title, page 1, lines 1 through 3, by striking out all of said lines and inserting: Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, fiirther providing for restraint systems. Amend Bill, page 1, lines 6 through 18; pages 2 through 11, lines 1 through 30; page 12, lines 1 through 4, by striking out all of said lines on said pages and inserting: Section 1. Section 4581 of Title 75 of the Pennsylvania Consolidated Statutes is amended to read: Restraint systems. (a) Occupant protection.- (1) Any person who is operating a passenger car, Class I truck. Class II truck, classic motor vehicle, antique motor vehicle or motor home and who transports a child under four years of age anywhere in the motor vehicle, including the cargo area, shall fasten such child securely in a child passenger restraint system, as defined in subsection (d). This subsection shall apply to all persons while they are operators of motor vehicles where a seating position is available which is equipped with a seat safety belt or other means to secure the systems or where the seating position was originally equipped with seat safety belts. (1.1) Any person who is operating a passenger car. Class I truck. Class II truck, classic motor vehicle, antique motor vehicle or motor home and who transports a child four years of age or older but under eight years of age anywhere in the motor vehicle, including the cargo area, shall fasten such child securely in a fastened safety seat belt system and in an appropriately fitting child booster seat as defined in subsection (d). This paragraph shall apply to all persons while they are operators of motor vehicles where a seating position is available which is equipped with a seat safety belt or other means to secure the systems or where the seating position was originally equipped with seat safety belts. (2) Except for children under [four] eight years of age and except as provided in paragraph (1), each driver and front seat occupant of a passenger car. Class I truck. Class II truck or motor home operated in this Commonwealth shall wear a properly adjusted and fastened safety seat belt system. A conviction under this paragraph by State or local law enforcement agencies shall occur only as a secondary action when a driver of a motor vehicle has been convicted of any other provision of this title. The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system any occupant [in the front seat] who is [four] eight years of age or older and less than 18 years of age. This paragraph shall not apply to: (i) A driver or front seat occupant of any vehicle manufactured before July 1, (ii) A driver or front seat occupant who possesses a written verification from a physician that he is unable to wear a safely seat belt system for physical or medical reasons, or from a psychiatrist or other specialist qualified to make an informed judgment that he is unable to wear a safety seat belt system for psychological reasons. (iii) A rural letter carrier while operating any motor vehicle during the performance of his duties as a United States postal service rural letter carrier only between the first and last delivery points. (iv) A driver who makes frequent stops and is traveling less than 15 miles per hour for the purpose of delivering goods or services while in the performance of his duties and only between the first and last delivery points. A violation of this paragraph shall not be subject to the assessment of any points under section 1535 (relating to schedule of convictions and points). (3) A driver who is under 18 years of age may not operate a motor vehicle in which the number of passengers exceeds the number of available safety seat belts in the vehicle. (b) Offense.-Anyone who fails to comply with the provisions of subsection (a)(1) or f 1.1) shall be guilty of a summary offense with a maximum fine of [$25] $100. The court imposing and collecting any such fines shall transfer the fines thus collected to the State Treasurer for deposit in the Child Passenger Restraint Fund, pursuant to section 4582 (relating to Child Passenger Restraint Fund). Anyone who violates subsection (a)(2) or (3) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $10. No person shall be convicted of a violation of subsection (a)(2) unless the person is also convicted of another violation of this title which occurred at the same time. No costs as described in 42 Pa.C.S (relating to costs) shall be imposed for summary conviction of subsection (a)(2) or (3). Conviction under this subsection shall not constitute a moving violation. (c) Waiver of fine.-if a person receives a citation issued by the proper authority for violation of subsection (a)(1) or (1.1), a district justice, magistrate or judge shall dismiss the charges if the person prior to or at his hearing displays evidence of acquisition of a child passenger restraint system to such district justice, magistrate or judge. Sufficient evidence shall include a receipt mailed to the appropriate court officer which evidences purchase, rental, transferal from another child seat owner (evidenced by notarized letter) or bailment from a bona fide leaner program of a child passenger restraint system. (d) Standards.- (1) A child passenger restraint system shall be used as designated by the manufacturer of the system in motor vehicles equipped with seat safety belts and shall meet the Federal Motor Vehicle Safety Standard (49 C.F.R ). (2) A child booster seat shall be used as designated by the manufacturer of the system in motor vehicles equipped with seat safety belts and shall meet the Federal Motor Vehicle Safety Standard (49 CFR ) that is designed to elevate a child to properly sit in a federally approved safety seat belt system. (e) Civil actions.-in no event shall a violation or alleged violation of this subchapter be used as evidence in a trial of any civil action; nor shall any jury in a civil action be instructed that any conduct did constitute or could be interpreted by them to constitute a violation of this subchapter; nor shall failure to use a child passenger restraint system or safety seat belt system be considered as contributory negligence nor shall failure to use such a system be admissible as evidence in the trial of any civil action; nor shall this subchapter impose any legal obligation upon or impute any civil liability whatsoever to an owner, employer, manufacturer, dealer or person engaged in the business of renting or leasing vehicles to the public to equip a vehicle with a child passenger restraint system or to have such child passenger restraint system available whenever their vehicle may be used to transport a child. (f) Criminal proceedings.-the requirements of this subchapter or evidence of a violation of this subchapter are not admissible as evidence in a criminal proceeding except in a proceeding for a violation of this subchapter. No criminal proceeding for the crime of homicide by vehicle shall be brought on the basis of noncompliance with this subchapter. (g) Exemptions.-Exemptions will be allowed if it is determined, according to the rules and regulations of the department, that the use of a child passenger restraint system would be impractical for physical reasons including, but not limited to, medical reasons or size of the child. (h) Insurance.-An insurer may not charge an insured who has been convicted of a violation of this section a higher premium for a policy of insurance in whole or in part by reason of that conviction. Section 2. This act shall take effect in 60 days. Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator

7 2002 LEGISLATIVE JOURNAL SENATE 1987 SECOND CONSIDERATION CALENDAR RESUMED BILLS REREPORTED FROM COMMITTEE AS AMENDED ON SECOND CONSIDERATION HB 1501 (Pr. No. 4088) - The Senate proceeded to consideration An Act amending Titles 18 (Crimes and Offenses) and 53 (Municipalities) of the Pennsylvania Consolidated Statutes, further providing for sale of tobacco; and providing for placement of tobacco vending machines and for preemption. Ordered, To be printed on the Calendar for third consideration. HB 2020 (Pr. No. 4089) - The Senate proceeded to consideration An Act amending the act of May 3,1933 (P.L.242, No.86), referred to as the Cosmetology Law, further providing for the definition of "School of Cosmetology," for practice of cosmetology without license prohibited, requirements to practice, eligibility requirements for examination, for management of cosmetology shops, for requirements of a school of cosmetology, for exceptions to examination requirements, for shared shops, for regulations by the board, for examinations and issuance of licenses, for temporary licenses, for sanitary rules, for fees and for penalties. Ordered, To be printed on the Calendar for third consideration. BILL REREPORTED FROM COMMITTEE AS AMENDED REREFERRED HB 2100 (Pr. No. 4090) - The Senate proceeded to consideration An Act amending the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, further providing for definitions, for examination and inspection and for extracts, copies or photostats; providing for denial of access to public records, for redaction, for response to requests for access and forfinalagency determinations; further providing for appealfromdenial of right; and providing for court costs and attorney fees, for penalty and for immunity. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL REREPORTED FROM COMMITTEE AS AMENDED ON SECOND CONSIDERATION HB 2410 (Pr. No. 4091) - The Senate proceeded to consideration An Act amending Titles 42 (Judiciary and Judicial Procedure) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for sentences for offenses committed with a vehicle involved in accidents resulting in death or personal injury; further providing for definitions, for grounds for refusing registration and for renewal of registration; providing for motor carrier vehicles; further providing for operation following suspension of registration and for suspension of registration; providing for suspension of motor carrier vehicle registration; further providing for suspension of operating privilege, for schedule of convictions and points, for occupational limited license, for duty of driver in construction and maintenance areas, for special speed limitations, for trucks and truck tractors and for speed timing devices; providing for accidents involving death or personal injury in work zone and for accidents involving certain vehicles; further providing for unlawful activities; providing for lighted head lamps in work zones;fiirtherproviding for operation of vehicle without official certificate of inspection and for inspection by police or Commonwealth personnel; providing for designation of highway safety corridors; further providing for erection of traffic-control devices while working; and requiring a study by the Legislative Budget and Finance Committee. Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 315, HB 412, SB 449, SB 451 and SB Without objection, the bills were passed over in their order at the request of Senator BILL ON SECOND CONSIDERATION HB 1215 (Pr. No. 4087) - The Senate proceeded to consideration An Act providing for the capital budget for the fiscal year Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 1409 and SB 1410 ~ Without objection, the bills were passed over in their order at the request of Senator BILL ON SECOND CONSIDERATION SB 1423 (Pr. No. 1971) - The Senate proceeded to consideration An Act amending the act of August 5, 1932 (Sp.Sess., P.L.45, No.45), referred to as the Sterling Act, providing for crediting of certain taxes paid by nonresidents. Ordered, To be printed on the Calendar for third consideration. BILLREREFERRED SB 1439 (Pr. No. 2135) - The Senate proceeded to consideration

8 1988 LEGISLATIVE JOURNAL SENATE JUNE 25, An Act relating to alternative fuels; establishing the Alternative Fuels Incentive Grant Fund; authorizing grants to promote the use of alternative fuels; providing for annual report; imposing duties on the Department of Environmental Protection, the Department of Transportation and the Department of Revenue; making an appropriation; and making a repeal. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL ON SECOND CONSIDERATION AND REREFERRED HB 1482 (Pr. No. 4083) - The Senate proceeded to consideration An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, further providing for the disposition of the proceedsfromthe special Lake Erie fishing permits. Ordered, To be printed for third consideration. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. BILLREREFERRED HB 1952 (Pr. No. 4048) - The Senate proceeded to consideration An Act amending the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law, further providing for provisions of the redevelopment contract and for blighted property removal; and providing for a statute of limitations. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL ON SECOND CONSIDERATION AND REREFERRED HB 2044 (Pr. No. 4082) -- The Senate proceeded to consideration An Act amending the act of April 2, 2002 (P.L.225, No.25), known as the Environmental Laboratory Accreditation Act, further providing for interim requirements and advisory committee membership. Ordered, To be printed for third consideration. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. BILL ON SECOND CONSIDERATION HB 2190 (Pr. No. 4024) - The Senate proceeded to consideration 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, further providing for the recycling fee sunset provisions, for awarding of grants and for the host municipality benefit fee; and making a repeal. Ordered, To be printed on the Calendar for third consideration. BILL ON SECOND CONSIDERATION AND REREFERRED HB 2322 (Pr. No. 4093) - The Senate proceeded to consideration An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for the Judicial Computer System Augmentation Account; and establishing the Access to Justice Account to provide for civil legal services to indigent persons and for imposition of fees. Ordered, To be printed for third consideration. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. COMMUNICATIONS FROM THE GOVERNOR TAKEN FROM THE TABLE Senator ROBBINS called from the table communications from His Excellency, the of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows: MEMBER OF THE STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS June 24,2002 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated April 15, 2002, for the appointment of Norah Griffiths, 2304 Edgewood, Harrisburg 17104, Dauphin County, Fifteenth Senatorial District, as a member of the State Registration Board for Professional Engineers, Land Surveyors and Geologists, to serve until October 4, 2006, but not longer than six months beyond that period, vice Frank W Fletcher, P.G., Selinsgrove, resigned. I respectfully request the return to me of the official message of nomination on the premises.

9 2002 LEGISLATIVE JOURNAL SENATE 1989 DISTRICT JUSTICE SECRETARY OF THE COMMONWEALTH June 24,2002 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated April 12, 2002, for the appointment of Maggie Baker, 308 Montrose Street, Harrisburg 17110, Dauphin County, Fifteenth Senatorial District, as District Justice, in and for the County of Lehigh, Magisterial District , to serve until the first Monday of January 2004, vice Diane R. Jepsen, forfeiture ofjudicial office. I respectfully request the return to me of the official message of nomination on the premises. NOMINATIONS RETURNED TO THE GOVERNOR Senator ROBBINS. Madam President, I move that the nominations just read by the Clerk be returned to His Excellency, the. A voice vote having been taken, the question was determined in the affirmative. The PRESIDING OFFICER. The nominations will be returned to the. EXECUTIVE NOMINATIONS EXECUTIVE SESSION Motion was made by Senator ROBBINS, 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 TABLE Senator ROBBINS. Madam President, I call from the table certain nominations and ask for their consideration. The Clerk read the nominations as follows: MEMBER OF THE STATE CIVIL SERVICE COMMISSION April 12,2002 advice and consent of the Senate, Katherene E. Holtzinger Conner, Esquire, 1772 Kendall Drive, Mechanicsburg 17055, Cumberland County, Thirty-third Senatorial District, for reappointment as a member of the State Civil Service Commission, to serve for a term of six years or until her successor is appointed and qualified, but not longer than six months beyond that period. May 24, 2002 advice and consent of the Senate, C. Michael Weaver, 1422 Village Road, Strasburg 17579, Lancaster County, Thirteenth Senatorial District, for appointment as Secretary of the Commonwealth, to serve until superceded, vice The Honorable Kim Pizzingrilli, Mechanicsburg, resigned. MEMBER OF THE STATE BOARD OF LANDSCAPE ARCHITECTS June 11,2002 advice and consent of the Senate, Edward J. Rak, 3222 Sundale Drive, Glenshaw 15116, Allegheny County, Fortieth Senatorial District, for reappointment as a member of the State Board of Landscape Architects, to serve for a term of three years and until his successor is appointed and qualified. MEMBER OF THE STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS June 13,2002 advice and consent of the Senate, George Roman, 2096 Buckhom Road, Summerhill 15958, Cambria County, Thirty-fifth Senatorial District, for reappointment as a member of the State Registration Board for Professional Engineers, Land Surveyors and Geologists, to serve for a term of six years or until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE REAL ESTATE COMMISSION June 11,2002 advice and consent of the Senate, Beverly R. Brookes, 2 Concord Way, Chadds Ford 19317, Delaware County, Ninth Senatorial District, for

10 1990 LEGISLATIVE JOURNAL SENATE JUNE 25, reappointment as a member of the State Real Estate Commission, to serve for a term of five years or until her successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE CLEARFIELD COUNTY BOARD OF ASSISTANCE May 15,2002 advice and consent of the Senate, H. Jefferson Gates, (Republican), 425 George Street, Curwensville 16833, Clearfield County, Thirty-fifth Senatorial District, for reappointment as a member of the Clearfield County Board of Assistance, to serve until December 31,2004 and until his successor is appointed and qualified. Will the Senate advise and consent to the nominations? The yeas and nays were required by Senator ROBBINS and were as follows, viz: Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson Fumo Gerlach Greenleaf Helfrick Holl Hughes Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan YEA-48 Mellow Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades Robbins Scamati Schwartz NAY-0 Stack Stout Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Constance Wozniak A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the be informed accordingly. NOMINATIONS TAKEN FROM THE TABLE Senator ROBBINS. Madam President, I call from the table certain nominations and ask for their consideration. The Clerk read the nominations as follows: MEMBER OF THE PENNSYLVANIA TURNPIKE COMMISSION June 10, 2002 advice and consent of the Senate, Pasquale T. Deon, Sr., 1655 Carlene Court, Langhome 19047, Bucks County, Sixth Senatorial District, for appointment as a member of the Pennsylvania Turnpike Commission, to serve for a term of four years or until his successor is appointed and qualified, but not longer than ninety days beyond that period, vice Bonney C. Daubenspeck, Erie, resigned. MEMBER OF THE PENNSYLVANIA TURNPIKE COMMISSION June 10,2002 advice and consent of the Senate, Mitchell Rubin, 1108 Rodman Street, Philadelphia 19147, Philadelphia County, First Senatorial District, for reappointment as a member of the Pennsylvania Turnpike Commission, to serve for a term of four years or until his successor is appointed and qualified, but not longer than ninety days beyond that period. On the question. Will the Senate advise and consent to the nominations? The yeas and nays were required by Senator ROBBINS and were as follows, viz: Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson Fumo Gerlach Greenleaf Helfrick Holl Hughes Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan YEA-48 Mellow Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades Robbins Scamati Schwartz NAY-0 Stack Stout Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Constance Wozniak A constitutional two-thirds 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 ROBBINS. Madam President, I move that the Executive Session do now rise. The motion was agreed to by voice vote. RECESS The PRESIDING OFFICER. The Chair recognizes the gentleman from Lebanon, Senator Brightbill.

11 2002 LEGISLATIVE JOURNAL SENATE 1991 Senator Madam President, I request a recess for the purpose of a meeting of the Committee on Appropriations, followed by a meeting of the Committee on Rules and Executive Nominations, which will begin immediately in the Rules room. The PRESIDING OFFICER. Without objection, the Senate will stand in recess for the purpose of a meeting of the Committee on Appropriations, followed by a meeting of the Committee on Rules and Executive Nominations, to be held immediately at the rear of the Senate Chamber. AFTER RECESS The PRESIDING OFFICER. The time of recess having expired, the Senate will come to order. REPORTS FROM COMMITTEES Senator THOMPSON, from the Committee on Appropriations, reported the following bills: HB 1482 (Pr. No. 4083) (Rereported) An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, further providing for the disposition of the proceedsfromthe special Lake Erie fishing permits. HB 2044 (Pr. No. 4082) (Rereported) An Act amending the act of April 2, 2002 (P.L.225, No.25), known as the Environmental Laboratory Accreditation Act, further providing for interim requirements and advisory committee membership. HB 2322 (Pr. No. 4093) (Rereported) An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes,fiirtherproviding for the Judicial Computer System Augmentation Account; and establishing the Access to Justice Account to provide for civil legal services to indigent persons and for imposition of fees. Senator BRIGHTBILL, from the Committee on Rules and Executive Nominations, reported the following bills: SB 33 (Pr. No. 2133) (Rereported) (Concurrence) An Act amending the act of December 20, 1996 (PL. 1504, No. 195), entitled, as reenacted and amended, "An act providing for the rights and privileges of taxpayers, for designation of a taxpayers' rights advocate and for the powers, duties and responsibilities of the Department of Revenue and the Taxpayers' Rights Advocate,"fiirtherproviding for innocent spouse relief. SB 212 (Pr. No. 2153) (Amended) (Rereported) (Concurrence) An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes,fiirtherproviding for seal and for tolling the civil statute of limitations in childhood sexual abuse cases and criminal statute of limitations for certain sexual offenses. SB 380 (Pr. No. 2060) (Rereported) (Concurrence) An Act amending the act of November 24,1998 (PL.882, No. Ill), known as the Crime Victims Act,fiirtherproviding for definitions, for rights of victims, for responsibilities of State and local law enforcement agencies and for powers and duties of bureau; amending provisions relating to compensation; andfiirtherproviding for establishment of basic services for victims of crime. SB 854 (Pr. No. 2154) (Amended) (Rereported) An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, defining "corrections officer"; and further providing for use offeree in law enforcement. SB 1109 (Pr. No. 2105) (Rereported) (Concurrence) An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes,fiirtherproviding for double jeopardy, for terroristic threats and for bomb threats; providing for weapons of mass destruction; andfiirtherproviding for false alarms to agencies of public safety, for false reports to law enforcement authorities, for dealing in proceeds of unlawful activities, for facsimile bombs, for interception of communications and for possessing or dealing in firearms. RESOLUTIONS REPORTED FROM COMMITTEE Senator BRIGHTBILL, from the Committee on Rules and Executive Nominations, reported the following resolutions: SR243(Pr.No.2030) A Resolution declaring the week of July 22 through 28, 2002, as "Slovak Heritage Week" in Pennsylvania. SR247(Pr.No.2104) A Resolution congratulating the Pennsylvania Landscape & Nursery Association on the 30th anniversary of the Penn Allied Nursery Trade Show and recognizing the week of July 21 through 27, 2002, as "Pennsylvania Landscape and Nursery Week." The PRESIDING OFFICER. The resolutions will be placed on the Calendar. THIRD CONSIDERATION CALENDAR RESUMED SB 1419 CALLED UP SB 1419 (Pr. No. 1960) ~ Without objection, the bill, which previously went over in its order, was called up, from page 4 of the Third Consideration Calendar, by Senator RECONSIDERATION OF SB 1419 Senator Madam President, I move to reconsider the vote by which the bill went over in its order. A voice vote having been taken, the question was determined in the affirmative.

12 1992 LEGISLATIVE JOURNAL SENATE JUNE 25, BILL ON THIRD CONSIDERATION AND FINAL PASSAGE The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: SB 1419 (Pr. No. 1960) - The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for permit for movement of waste coal and beneficial combustion ash. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson Fumo Gerlach Greenleaf Helfrick Holl Hughes Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan YEA-48 Mellow Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades Robbins Scamati Schwartz NAY-0 Stack Stout Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Constance Wozniak Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson Fumo Gerlach Greenleaf Helfrick Holl Hughes Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan YEA-48 Mellow Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades Robbins Scamati Schwartz NAY-0 Stack Stout Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Constance Wozniak 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. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No. 1 BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 1448 (Pr. No. 2150) - The Senate proceeded to consideration An Act authorizing and directing the Department of General Services, with the approval of the, to grant and convey to Pennsylvania Suburban Water Company (as successor to Philadelphia Suburban Water Company by merger), certain lands situate in Canaan Township, Wayne County, and Carbondale and Fell Townships in Lackawanna County. 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? 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. HB 754 CALLED UP HB 754 (Pr. No. 4092) - Without objection, the bill, which previously went over in its order temporarily, was called up, from page 3 of the Third Consideration Calendar, by Senator HB 754 (Pr. No. 4092) ation BILL LAID ON THE TABLE The Senate proceeded to consider- An Act amending the act of December 19, 1996 (P.L.1478, No. 190), entitled "An act relating to the recycling and reuse of waste tires; providing for the proper disposal of waste tires and the cleanup of stockpiled tires; authorizing investment tax credits for utilizing waste tires; providing remediation grants for the cleanup of tire piles and for pollution prevention programs for small business and households; establishing the Small Business and Household Pollution Prevention Program and management standards for small business hazardous waste; providing for a household hazardous waste program and for grant programs; making appropriations; and making repeals," adding definitions; further providing for disposal of whole waste tires, for the priority enforcement list and for remediation grants; providing for remediation liens, for an authorization program, for documentation and recordkeeping, for revocation of authorization and for collection programs; authorizing civil penalties; and repealing provisions relating to tire recycling investment tax credits. Upon motion of Senator BRIGHTBILL, and agreed to by voice vote, the bill was laid on the table. HB 754 TAKEN FROM THE TABLE Senator Madam President, I move that House Bill No. 754, Printer's No. 4092, be taken from the table and placed on the Calendar. A voice vote having been taken, the question was determined in the affirmative.

13 2002 LEGISLATIVE JOURNAL SENATE 1993 The PRESIDING OFFICER. The bill will be placed on the Calendar. SB 1210 CALLED UP SB 1210 (Pr. No. 2100) - Without objection, the bill, which previously went over in its order temporarily, was called up, from page 3 of the Third Consideration Calendar, by Senator BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator SB 1222 CALLED UP SB 1222 (Pr. No. 2101) - Without objection, the bill, which previously went over in its order temporarily, was called up, from page 3 of the Third Consideration Calendar, by Senator BILL OVER IN ORDER SB 1222 ~ Without objection, the bill was passed over in its order at the request of Senator SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No. 2 SENATE CONCURS IN HOUSE AMENDMENTS AS AMENDED SB 212 (Pr. No. 2153) - The Senate proceeded to consideration An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for seal and for tolling the civil statute of limitations in childhood sexual abuse cases and criminal statute of limitations for certain sexual offenses. On the question. Will the Senate concur in the amendments made by the House, as amended by the Senate, to Senate Bill No. 212? Senator Madam President, I move that the Senate do concur in the amendments made by the House, as amended by the Senate, to Senate Bill No Will the Senate agree to the motion? The PRESIDING OFFICER The Chair recognizes the gentleman from Montgomery, Senator Greenleaf. Senator GREENLEAF. Madam President, I rise to ask for an affirmative vote to concur in the House amendments to this bill. This is a bill that I have been working on as chairman of the Senate Committee on Judiciary for over a decade. It deals with the statute of limitations and brings civil and, now with House amendments, criminal actions involving child abuse. I firmly believe it is necessary for us to extend the statute in cases such as this for a variety of reasons. The first is that when children are abused, all too often the incident occurs with a family member or a friend, and it splits the family. As a result, there is no one really to protect that child and to bring the action, either civil or criminal. There are threats made to the child. They are made to feel as if they are the cause of what has happened. They do not want to split their family up. They do not want to cause damage to someone, and they are afraid. By extending the statute of limitations until these children reach the age of majority will enable them to become independent to work out their fears and to overcome and realize what happened to them and then to seek compensation. Many times they need counseling and they need someone to recognize what has happened to them, that they are victims and not the cause of what happened. And finally, it is important to stop the vicious cycle that these perpetrators engage in. Unless an action is brought against them, they will continue to abuse and victimize children and damage them, both physically and mentally, for the rest of their lives. This legislation I think is important. It will go a long way to help victimized children in our Commonwealth, and I ask for an affirmative vote. The PRESIDING OFFICER. The Chair recognizes the gentlewoman from Northampton, Senator Boscola. Senator BOSCOLA. Madam President, just briefly, I wanted to say how important this bill is, and I really commend Senator Greenleaf for moving this bill, because the way the law is now, I mean we actually shield sex offenders from prosecution if a victim is a child. When they reach their 21st birthday and if they have not said to a prosecutor that something happened to them, they do not have a chance for closure. And I just commend Senator Greenleaf. I know how hard he worked on this bill, and I am glad to see this getting passed today. And the question recurring, Will the Senate agree to the motion? The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz: Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson Fumo Gerlach Greenleaf Helfrick Holl Hughes Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan YEA-48 Mellow Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades Robbins Scamati Schwartz NAY-0 Stack Stout Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Constance Wozniak A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative.

14 1994 LEGISLATIVE JOURNAL SENATE JUNE 25, Ordered, That the Secretary of the Senate inform the House of Representatives accordingly. UNFINISHED BUSINESS SENATE RESOLUTION ADOPTED Senators SCHWARTZ, KUKOVICH, O'PAKE, COSTA, FUMO, WAGNER, WOZNIAK, KITCHEN, STOUT, HELFRICK, C. WILLIAMS. MELLOW, TARTAGLIONE, DENT, GREENLEAF, BOSCOLA, HUGHES, STACK, LO GAN, GERLACH, TOMLINSON, WAUGH, D. WHITE, ORIE, RHOADES and CONTI, by unanimous consent, offered Senate Resolution No. 259, entitled: A Resolution designating June 25, 2002, as "No Place for Hate Day" in Pennsylvania. Which was read, considered, and adopted by voice vote. CONGRATULATORY RESOLUTIONS The PRESIDING OFFICER laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Congratulations of the Senate were extended to Mr. and Mrs. Robert Aichele and to Mr. and Mrs. Walter Dukeman by Senator Armstrong. Congratulations of the Senate were extended to Stanley Kahl, Grant Curry, Jaren Hayes, Nolan McCready, Wyomissing High School Boys' Track and Field Team, Wyomissing High School Boys' 1600-Meter Relay Team and to the Salem Lutheran Church of Bethel by Senator Brightbill. Congratulations of the Senate were extended to Thomas Perry Hill, Jr., by Senator Fumo. Congratulations of the Senate were extended to Anna Panikarchuck by Senator Helfrick. Congratulations of the Senate were extended to Mr. and Mrs. Don Barber by Senator Jubelirer. Congratulations of the Senate were extended to Dale E. Huston by Senators Jubelirer and Piccola. Congratulations of the Senate were extended to the Fayette Engineering Company of Uniontown by Senator Kasunic. Congratulations of the Senate were extended to Susan M. Saxton by Senator Kukovich. Congratulations of the Senate were extended to James J. Dinkel, Richard J. Weidman, Robert T. Cox and to Joshua S. LaValle by Senator Logan. Congratulations of the Senate were extended to Mr. and Mrs. Robert E. Franklin and to Brandon Edsell by Senator Madigan. Congratulations of the Senate were extended to Dolores Olshefski and to Northeast Counseling Services of Nanticoke by Senator Musto. Congratulations of the Senate were extended to Josephine Caldone, Mary Kandzer, Marion Lavra, Lawrence Lubomski and to William Burdett by Senator Orie. Congratulations of the Senate were extended to Lillie Mary Moyer by Senator Rhoades. Congratulations of the Senate were extended to the United Refining Company of Warren by Senator Scamati. Congratulations of the Senate were extended to Edward J. Needham by Senator Tomlinson. Congratulations of the Senate were extended to St. Catherine of Siena Parish of Pittsburgh by Senator Wagner. Congratulations of the Senate were extended to Robert Young, Rodney Ruddock, John Kavulich, Dr. Barry McKnight, Dave McNaughton, Stanley Bern and to Bernard Kish by Senator D. White. Congratulations of the Senate were extended to Tom Wassil and to Joshua Woods by Senator Wozniak. CONDOLENCE RESOLUTIONS The PRESIDING OFFICER laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Condolences of the Senate were extended to the family of the late George Hawkins by Senators Kitchen and Mowery. Condolences of the Senate were extended to the family of the late Virginia E. Williams McCullough by Senator A.H. Williams. BILLS ON FIRST CONSIDERATION Senator MOWERY. Madam President, I move that the Senate do now proceed to consideration of all bills reported from committee for the first time at today's Session. The motion was agreed to by voice vote. The bills were as follows: SB 1042, SB 1208, SB 1425 and HB And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS REFERRED TO COMMITTEE The PRESIDING OFFICER 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: MEMBER OF THE COUNCIL OF TRUSTEES OF CLARION UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION June 25, 2002 advice and consent of the Senate, Michelle Bonsick, 1114 Quincy Circle, New Cumberland 17070, Cumberland County, Thirty-first Senatorial District, for appointment as a member of the Council of Trustees of Clarion University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2007, and until her successor is appointed and qualified, vice Sheryle L. Long, Renfrew, resigned.

15 2002 LEGISLATIVE JOURNAL SENATE 1995 MEMBER OF THE BOARD OF TRUSTEES OF HAMBURG CENTER June 25,2002 advice and consent of the Senate, Amanda Pflugh, 820 Dartmouth Street, Apartment C-380, Harrisburg 17109, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the Board of Trustees of Hamburg Center, to serve until the third Tuesday of January 2003, and until her successor is appointed and qualified, vice Melvin E. Homing, Hamburg, resigned. BILLS INTRODUCED AND REFERRED The PRESIDING OFFICER laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk: June 25, 2002 Senators KITCHEN, LAVALLE, KUKOVICH, HELFRICK, ERICKSON, MUSTO, LOGAN, TARTAGLIONE, A. WILLIAMS, RHOADES, BOSCOLA, COSTA, SCHWARTZ, O'PAKE and KASUNIC presented to the Chair SB 1483, entitled: An Act amending the act of June 13,1967 (P.L.31, No.21), known as the Public Welfare Code, providing for a training and education program for certain individuals eligible for public assistance. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, June 25,2002. Senators LOGAN, TARTAGLIONE, STOUT, KUKOVICH, MUSTO, WAGNER, LAVALLE, COSTA, O'PAKE, BODACK, C. WILLIAMS, WOZNIAK, BOSCOLA, KITCHEN, HUGHES, STACK and CONTI presented to the Chair SB 1484, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for theft of services. Which was committed to the Committee on JUDICIARY, June 25,2002. Senator MOWERY presented to the Chair SB 1486, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, adding definitions; providing for State System of Higher Education campus police powers and duties; and making a repeal. Which was committed to the Committee on APPROPRIATIONS, June 25,2002. Senators WAUGH and PUNT presented to the Chair SB 1487, entitled: An Act amending the act of June 22, 2001 (P.L.374, No.24), known as the Optional Occupation Tax Elimination Act, further providing for earned income tax rate limits. Which was committed to the Committee on FINANCE, June 25,2002. Senators C. WILLIAMS, TARTAGLIONE, COSTA, SCHWARTZ, DENT, OTAKE, HELFRICK, A. WILLIAMS and STACK presented to the Chair SB 1488, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further prohibiting driving under influence of alcohol or controlled substance. Which was committed to the Committee on JUDICIARY, June 25,2002. Senators C. WILLIAMS, TARTAGLIONE, COSTA, DENT and A. WILLIAMS presented to the Chair SB 1489, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further prohibiting driving under influence of alcohol or controlled substance. Which was committed to the Committee on JUDICIARY, June 25,2002. Senators CORMAN, CONTI, ERICKSON, COSTA, GERLACH, KUKOVICH, ORIE, MUSTO, LEMMOND, RHOADES, SCHWARTZ, SCARNATI, WAUGH, WOZNIAK and BOSCOLA presented to the Chair SB 1490, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further defining "taxable income" for purposes of corporate net income tax. Which was committed to the Committee on FINANCE, June 25, Senators OTAKE, BRIGHTBILL, MELLOW, KITCHEN, KUKOVICH, MUSTO, DENT, BOSCOLA, LAVALLE, ERICKSON, SCHWARTZ, BODACK, COSTA, KASUNIC, LOGAN, STACK, ORIE, WOZNIAK, THOMPSON and GERLACH presented to the Chair SB 1491, entitled: An Act amending the act of December 31, 1965 (P.L.I257, No. 511), known as The Local Tax Enabling Act, further providing for exclusionsfromthe realty transfer tax. Which was committed to the Committee on FINANCE, June 25,2002. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITTEE MEETINGS WEDNESDAY, JUNE 26,2002 1:30 P.M. APPROPRIATIONS (to consider Room 461 House Bills No and 2126) Main Capitol