JU^gislafifj ' e 3journal

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1 COMMONWEALTH OF PENNSYLVANIA JU^gislafifj ' e 3journal MONDAY, SEPTEMBER 27, 2010 SESSION OF TH OF THE GENERAL ASSEMBLY No. 50 SENATE MONDAY, The Senate met at 1 p.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Joseph B. Scarnati III) in the Chair. I The Chaplain, ELSAYED F. ELMARZOUKY, President of the Islamic Center of Reading, offered the following prayer: In the name of God, the most merciful, the most gracious, I stand before you today with great honor for a historic moment to pray with you as the first Muslim Chaplain ever on the floor of the Senate of the Commonwealth. I pray to our Lord to guide us all to the straight path and to do good for the people of the Commonwealth. I pray to God to collect your hearts as representatives of our people, to do the right things, and to build our Commonwealth and take it back to its welfare and prosperity. Enrich life beyond the walls of this Capitol building. Build dreams for people whose lives suffer from poverty. Reflect on the differences we make in the lives of people. Find the personal courage to speak against iniquity and injustice. Seek the beauty within our lives that teaches us to love our work. God of our lives, there are days when the burdens we carry chap our shoulders and weigh us down, when the world seems dreary and endless, the skies gray and threatening, when our lives have no hope in them, our hearts are lonely, and our souls have lost courage. Today, fill up our path with light, and turn our eyes where the skies are full of promise. God bless our Senators, our Representatives, our, our State, and our nation. Amen. l day, but for all of his dedicated work in our community. He has earned the respect and appreciation of Berks Countians of all faiths. Not only is he the successful owner of three businesses, restaurants, actually, in Reading and Berks County, but he has given freely of his time, his talents, and his treasures. He has served as a chaplain for the Reading Police Department, and he is a voluntary clergymember for the Berks County Prison. He is a volunteer teacher and board of trustee member of Alvernia University, which is a Franciscan Catholic university. He most recently received the 2010 Friend of the Homeless award from the Berks Coalition to End Homelessness for his work in providing food for the hungry of our community. Next month, he will be recognized by the Reading branch of the NAACP in its 2010 Image Awards. I would also like to recognize at this time his guest, who also came from Reading, Mr. Hamid Chaudhry, who is a very successful businessman in Berks County. He is in the Dairy Queen business, but he also has given freely of his talent, especially for Crime Alert and other citizens organizations that are making Reading a safer place. So I thank our two guests, and I ask the body to recognize and show its appreciation to both of them. The PRESIDENT. Would the guests of Senator O'Pake please rise to be welcomed by the Senate. (Applause.) COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS 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: MEMBER OF THE STATE BOARD OF DENTISTRY The PRESIDENT. The Chair thanks President Elmarzouky, September 22, 2010 who is the guest today of Senator O'Pake. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR MICHAEL A. O'PAKE PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Mr. President, I want to thank Mr. Elmarzouky, not only for being Chaplain of the Senate here to- advice and consent of the Senate, Edward L. Witek, Jr., D.M.D., MAGD, 112 Southwood Drive, Uniontown 15401, Fayette County, Thirty-second Senatorial District, for appointment as a member of the State Board of Dentistry, 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, vice new position.

2 2400 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 27, MEMBER OF THE STATE BOARD OF NURSING September 22, 2010 advice and consent of the Senate, Ann Michele Coughlin, RN, MSN, MBA, 604 South Washington Square, Philadelphia 19106, Philadelphia County, First Senatorial District, for appointment as a member of the State Board of Nursing, 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, vice Paulet Washington, Pittsburgh, declined appointment. MEMBER OF THE STATE TRANSPORTATION COMMISSION September 22, 2010 advice and consent of the Senate, Frederic M. Wentz, Esquire, 1639 Monk Road, Gladwyne 19035, Montgomery County, Seventeenth Senatorial District, for reappointment as a member of the State Transportation Commission, to serve for a term of six years and until his successor is appointed and qualified, but not longer than six months beyond that period. JUDGE, COURT OF COMMON PLEAS, LUZERNE COUNTY September 24, 2010 advice and consent of the Senate, William H. Conyngham, Esquire, 83 Deer Park Lane, Dallas 18612, Luzerne County, Twentieth Senatorial District, for appointment as Judge, Court of Common Pleas, Luzerne County, to serve until the first Monday of January 2012, vice The Honorable Hugh F. Mundy, resigned. MEMBER OF THE PENNSYLVANIA CANCER CONTROL, PREVENTION AND RESEARCH ADVISORY BOARD advice and consent of the Senate, Wanda D. Filer, MD, MBA, 510 Aqua Court, York 17403, York County, Twenty-eighth Senatorial Dis- trict, for appointment as a member of the Pennsylvania Cancer Control, Prevention and Research Advisory Board, to serve for a term of four years and until her successor is appointed and qualified, vice Robert F. Durkin, Olyphant, whose term expired. MEMBER OF THE STATE CIVIL SERVICE COMMISSION advice and consent of the Senate, Marwan Kreidie, 922 North Orianna Street, Philadelphia 19123, Philadelphia County, First Senatorial District, for reappointment as a member of the State Civil Service Commission, to serve until April 9, 2016, or until his successor is appointed and qualified. MEMBER OF THE PENNSYLVANIA ECONOMIC DEVELOPMENT FINANCING AUTHORITY advice and consent of the Senate, Mark C. Schneider, 7522 Graymore Road, Pittsburgh 15221, Allegheny County, Forty-third Senatorial District, for reappointment as a member of the Pennsylvania Economic Development Financing Authority, to serve for a term of four years and until his successor is appointed and qualified. MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING advice and consent of the Senate, Jeane Violon Singer, PhD, 501 Howard Avenue, D-203, Altoona 16601, Blair County, Thirtieth Senatorial District, for reappointment as a member of the State Board of Examiners in Speech-Language and Hearing, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING

3 2010 LEGISLATIVE JOURNAL - SENATE 2401 advice and consent of the Senate, Christina Valocchi (Public Member), 252 East Market Street #364, West Chester 19382, Chester County, Nineteenth Senatorial District, for appointment as a member of the State Board of Examiners in Speech-Language and Hearing, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Nader Ayoub, Springfield, whose term expired. 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: MEMBER OF THE STATE BOARD OF DENTISTRY September 22, 2010 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated September 9, 2010, for the appointment of Stephanie Moore, R.R. 2 Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the State Board of Dentistry, 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, vice new position. MEMBER OF THE STATE BOARD OF NURSING September 22, 2010 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated August 20, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as a member of the State Board of Nursing, 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, vice Paulet Washington, Pittsburgh, declined appointment. JUDGE, COURT OF COMMON PLEAS, LUZERNE COUNTY September 24, 2010 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated September 1, 2010, for the appointment of Gregory E. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth Senatorial District, as Judge, Court of Common Pleas, Luzerne County, to serve until the first Monday of January 2012, vice The Honorable Hugh F. Mundy, resigned. MEMBER OF THE PENNSYLVANIA CANCER CONTROL, PREVENTION AND RESEARCH ADVISORY BOARD In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated May 5, 2010, for the appointment of Wanda D. Filer, MD, MBA, 510 Aqua Court, York 17403, York County, Twenty-eighth Senatorial District, as a member of the Pennsylvania Cancer Control, Prevention and Research Advisory Board, to serve for a term of four years and until her successor is appointed and qualified, vice Robert F. Durkin, Olyphant, whose term expired. MEMBER OF THE STATE CIVIL SERVICE COMMISSION In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated June 16, 2010, for the appointment of The Honorable Jessica L. Wright, RR 1, Box 7362, Grantville 17028, Dauphin County, Fifteenth Senatorial District, as a member of the State Civil Service Commission, to serve until April 9, 2016, or until her successor is appointed and qualified, vice Marwan Kreidie, Philadelphia, whose term expired. MEMBER OF THE PENNSYLVANIA ECONOMIC DEVELOPMENT FINANCING AUTHORITY In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated May 3, 2010, for the appointment of Mark C. Schneider, 7522 Graymore Road, Pittsburgh 15221, Allegheny County, Forty-third Senatorial Dis-

4 2402 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 27, trict, as a member of the Pennsylvania Economic Development Financing Authority, to serve for a term of four years and until his successor is appointed and qualified. MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated May 13, 2010, for the appointment of Christina Valocchi (Public Member), 252 East Market Street #364, West Chester 19382, Chester County, Nineteenth Senatorial District, as a member of the State Board of Examiners in Speech-Language and Hearing, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Nader Ayoub, Springfield, whose term expired. I respectfully request the return to me 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: September 24, 2010 Senators ARGALL, SCARNATI, CORMAN, EICHEL- BERGER, VANCE, M. WHITE, WARD, MENSCH, ORIE, ROBBINS, YAW, D. WHITE, BAKER, WAUGH and FOLMER presented to the Chair SB 1450, entitled: An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, further providing for State Transportation Commission. Which was committed to the Committee on TRANSPORTA- TION, September 24, Senators FERLO, FONTANA, HUGHES, ERICKSON, RAF- FERTY, TARTAGLIONE and WOZNIAK presented to the Chair SB 1478, entitled: An Act amending the act of November 26, 1997 (P.L.508, No.55), known as the Institutions of Purely Public Charity Act, further providing for criteria. Which was committed to the Committee on FINANCE, September 24, Senator BRUBAKER presented to the Chair SB 1480, entitled: An Act amending the act of April 28, 1937 (P.L.417, No.105), known as the Milk Marketing Law, further providing for definitions, for appointment and terms of members and quorum, for requisites of orders fixing price of milk and for prices to producers; providing for title to milk; further providing for price increases, for expenses and for payment; establishing the Producer Settlement Fund; and repealing provisions relating to the Joint Study Commission. Which was committed to the Committee on AGRICULTURE AND RURAL AFFAIRS, September 24, Senators FONTANA, YAW, KITCHEN, FERLO, FOLMER, WASHINGTON and ARGALL presented to the Chair SB 1481, entitled: An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, prohibiting private transfer fee obligations; and providing for notice and disclosure of existing private transfer fee obligations. Which was committed to the Committee on URBAN AF- FAIRS AND HOUSING, September 24, RESOLUTION INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Resolution numbered, entitled, and referred as follows, which was read by the Clerk: Senators BOSCOLA, FERLO, KITCHEN, FONTANA, D. WHITE, D. WHITE, O'PAKE, KASUNIC and RAFFERTY presented to the Chair SR 400, entitled: A Resolution urging the Federal Energy Regulatory Commission to adopt policies and regulations that will phase out or reform the Reliability Pricing Model (RPM) to promote competition in the electric market, increased efficiency and savings to electric consumers. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, September 27, LEGISLATIVE LEAVES The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request temporary Capitol leaves for Senator One and Senator Don White, and legislative leaves for Senator Tomlinson and Senator Vogel. The PRESIDENT. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Mr. President, I request legislative leaves for Senator Mellow and Senator Washington. The PRESIDENT. Senator Pileggi requests requests temporary Capitol leaves for Senator One and Senator Don White, and legislative leaves for Senator Tomlinson and Senator Vogel. Senator O'Pake requests legislative leaves for Senator Mellow and Senator Washington. Without objection, the leaves will be granted. LEAVE OF ABSENCE Senator O'PAKE asked and obtained a leave of absence for Senator STOUT, for today's Session, for personal reasons.

5 2010 LEGISLATIVE JOURNAL - SENATE 2403 SENATE CONCURRENT RESOLUTION WEEKLY RECESS Senator PILEGGI offered the following resolution, which was read as follows: In the Senate, RESOLVED, (the House of Representatives concurring), Pursuant to Article II, Section 14, of the Pennsylvania Constitution, that when the Regular Session of the Senate recesses this week, it reconvene on Tuesday, October 12, 2010, unless sooner recalled by the President Pro Tempore of the Senate; and be it further RESOLVED, Pursuant to Article II, Section 14, of the Pennsylvania Constitution, that when the Regular Session of the House of Representatives recesses this week, it reconvene on Monday, October 4, 2010, unless sooner recalled by the Speaker of the House of Representatives. On the question, Will the Senate adopt the resolution? The yeas and nays were required by Senator PILEGGI and were as follows, viz: YEA-48 Alloway Farnese Mensch Tartaglione Argall Ferlo Musto Tomlinson Baker Folmer O'Pake Vance Boscola Fontana One Vogel Browne Gordner Piccola Ward Brubaker Greenleaf Pileggi Washington Corman Hughes Pippy Waugh Costa Kasunic Rafferty White, Donald Dinniman Kitchen Robbins White, Mary Jo Earil Leach Scarnati Williams Eichelberger Mcllhinney Smucker Wozniak Erickson Mellow Stack Yaw NAY-0 A majority of the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present the same to the House of Representatives for concurrence. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Don White has returned, and his temporary Capitol leave is cancelled. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR ROBERT B. MENSCH PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Montgomery, Senator Mensch. Senator MENSCH. Mr. President, this is a more solemn recognition of guests than is the normal course of events for us. We are joined on the floor this afternoon by Mr. and Mrs. Thomas and Beverly Richards and John Richards. They are the parents and brother of Tom Richards, who was an intern in my Lansdale office throughout the summer. On August 17, Tom suffered an aneurysm and unfortunately passed away. At that time, he was conducting a Penn State leadership conference. When you got to know Tom, you understood why he belonged running a Penn State leadership conference. He was that kind of young man. If it pleases, I would like to read a few comments put together by my staff. (Reading:) We have been blessed to have wonderful interns working in our district's offices, but every now and then, a really special one comes along. Tom Richards was one of them. From the first day, he made us happier people with his smile, his jokes, his incredible love of life. He also made the intern supervisors' spend lots of time coming up with projects for him, as he had the annoying habit of finishing everything three times faster than expected. In Lansdale, he updated all of the PennDOT forms and cleaned up the files in less than a week. It was at that point that the Lansdale legislative assistant suggested that he give up plans to be an attorney and instead pursue a career as an efficiency expert. Instead of sitting at his desk in the rear of the office, he made his home at a desk in the front room, as he wanted to see everything that was going on. He was interested in everything and loved hearing stories about unusual cases that we had worked on in the past. We were very comfortable having him answer phones and greet constituents, as he was a real people person and very self-assured for such a young man. It was marvelous to see how well he could relate to people of every age.-- Although I did not comment, Tom was 19. Tom came to the Capitol one day to shadow me and get the Harrisburg experience. That day, I really learned how spirited Tom was, as he proudly showed off his Penn State pride by staging photo shoots around the Capitol with a Penn State Nittany Lion that he had brought along with him. Tom made everyone a better person just by being around him. We are devastated by the loss of Tom in our lives, but we are grateful to have known him, even so briefly. I am reminded of a movie about a football player named Brian Piccolo. The movie was called "Brian's Song." Piccolo died at an early age of cancer. The ending words of the movie were something along the lines of: Brian was taken from us way too early, but while he was alive, oh, how he lived. That was Tom. He lived more fully in 19 years than most people do in their entire lives. We remember him today for the great spirit that he was. He touched the lives of our staff and all who met him, and I present to the Chamber his parents and his brother. The PRESIDENT. Would Members and guests please rise to welcome and console the family here today with us on the floor. (Applause.) RECESS The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a recess of the Senate for purposes of a meeting of the Committee on Rules and Executive Nominations to be held in the Rules room immediately, to be followed by a meeting of the Committee on Appropriations, also to be held in the Rules room, to be followed by a Republican caucus in the Majority Caucus Room. The PRESIDENT. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Mr. President, I ask that the Democratic Senators report to our caucus room after the committee meetings. The PRESIDENT. For purposes of a meeting of the Committee on Rules and Executive Nominations, followed by a meeting of the Committee on Appropriations, followed by Republican and Democratic caucuses, without objection, the Senate stands in recess.

6 2404 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 27, AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. CALENDAR THIRD CONSIDERATION CALENDAR BILLS REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER HB 1515, HB 1516, HB 1517 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE HB 105 (Pr. No. 98) -- The Senate proceeded to consideration An Act amending the act of March 7, 1901 (P.L.20, No.14), referred to as the Second Class City Law, further providing for penalty for false personification. Considered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-48 Alloway Farnese Mensch Tartaglione Argall Ferlo Musto Tomlinson Baker Folmer O'Pake Vance Boscola Fontana One Vogel Browne Gordner Piccola Ward Brubaker Greenleaf Pileggi Washington Corman Hughes Pippy Waugh Costa Kasunic Rafferty White, Donald Dinniman Kitchen Robbins White, Mary Jo Earll Leach Scarnati Williams Eichelberger McIlhinney Smucker Wozniak Erickson Mellow Stack Yaw 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 return said bill to the House of Representatives with information that the Senate has passed the same without amendments. LEGISLATIVE LEAVES CANCELLED The PRESIDENT. Senator Tomlinson and Senator One have returned, and their respective leaves are cancelled. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR RESUMED BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE HB 106 (Pr. No. 99) -- The Senate proceeded to consideration An Act amending the act of June 25, 1919 (P.L.581, No.274), referred to as the First Class City Government Law, further providing for penalty for false personification. Considered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-48 Alloway Farnese Mensch Tartaglione Argall Ferlo Musto Tomlinson Baker Folmer O'Pake Vance Boscola Fontana One Vogel Browne Gordner Piccola Ward Brubaker Greenleaf Pileggi Washington Corman Hughes Pippy Waugh Costa Kasunic Rafferty White, Donald Dinniman Kitchen Robbins White, Mary Jo Earll Leach Scarnati Williams Eichelberger McIlhinney Smucker Wozniak Erickson Mellow Stack Yaw 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 return said bill to the House of Representatives with information that the Senate has passed the same without amendments. HB 107 (Pr. No. 100) -- The Senate proceeded to consideration An Act repealing the act of June 1, 1915 (P.L.708, No.326), entitled "An act to prevent the wearing of the badge of the Bureau of Police, in cities of the first class, by unauthorized persons, and providing a penalty therefor." Considered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-48 Alloway Farnese Mensch Tartaglione Argall Ferlo Musto Tomlinson Baker Folmer O'Pake Vance Boscola Fontana One Vogel

7 2010 LEGISLATIVE JOURNAL - SENATE 2405 Browne Gordner Piccola Ward Brubaker Greenleaf Pileggi Washington Corman Hughes Pippy Waugh Costa Kasunic Rafferty White, Donald Dinniman Kitchen Robbins White, Mary Jo Earll Leach Scarnati Williams Eichelberger Mcllhinney Smucker Wozniak Erickson Mellow Stack Yaw 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 return said bill to the House of Representatives with information that the Senate has passed the same without amendments. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR MICHAEL J. STACK PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Philadelphia, Senator Stack. Senator STACK. Mr. President, "Ni-hao" in Chinese means "hello," and "xie xie" means "thank you." So, xie xie, Mr. President. I rise today to welcome guests who are here from the People's Republic of China. Today, they met with Wilfred Muskens, Deputy Secretary for International Business Development from DCED; and Pete O'Neill, the Director of International Trade Development. They also took part in a roundtable discussion with the Pennsylvania Chamber of Business and Industry, representatives from the Philadelphia Regional Port Authority, international lawyer Louis Dejoie, and representatives from the U.S. Export Assistance Center in Philadelphia. Our colleagues in the House of Representatives also welcomed the delegation a little while ago, and I got a chance to enjoy lunch with the delegation, along with Senator O'Pake, Senator Wozniak, and our friends from the House. I am pleased they are here with us now in our wonderful Senate Chamber. On behalf of the Senate, I want to welcome them to Pennsylvania, and I hope they enjoy their visit with us, and I know they already have. The following members of the delegation are joining us today, and they are: Deputy Consul General Dong Xiaojun; Consul for Political Affairs He Bin; Vice Consul for Political Affairs Shi Zhanzhuan; and Consul of the Commercial Department Wang Long. So, Mr. President, I ask my colleagues to extend our usual warm welcome to the delegation from the People's Republic of China. The PRESIDENT. Would the guests of Senator Stack please rise to be welcomed by the Senate. (Applause.) CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR RESUMED BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE HB 181 (Pr. No. 1851) -- The Senate proceeded to consideration An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, further providing for powers and duties of enforcement officers and for resisting or interfering with an officer. Considered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-48 Alloway Farnese Mensch Tartaglione Argall Ferlo Musto Tomlinson Baker Folmer O'Pake Vance Boscola Fontana One Vogel Browne Gordner Piccola Ward Brubaker Greenleaf Pileggi Washington Corman Hughes Pippy Waugh Costa Kasunic Rafferty White, Donald Dinniman Kitchen Robbins White, Mary Jo Earll Leach Scarnati Williams Eichelberger Mcllhinney Smucker Wozniak Erickson Mellow Stack Yaw 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 return said bill to the House of Representatives with information that the Senate has passed the same without amendments. BILLS OVER IN ORDER SB 906 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. SECOND CONSIDERATION CALENDAR BILL REREPORTED FROM COMMITTEE AS AMENDED ON SECOND CONSIDERATION SB 890 (Pr. No. 2207) -- The Senate proceeded to consideration An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for disclosure of secondary school athletics equity.

8 2406 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 27, BILLS OVER IN ORDER HB 47, HB 60, SB 272 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. SB 384 (Pr. No. 382) -- The Senate proceeded to consideration An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, providing for the offense of violation of Fort Indiantown Gap regulations and providing for the powers and duties of police officers employed at State military installations. BILLS OVER IN ORDER SB 428 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL REREFERRED HB 664 (Pr. No. 726) -- The Senate proceeded to consideration An Act amending the act of June 2, 1915 (P.L.736, No.338), known as the Workers Compensation Act, further defining "employe." vote, the bill was rereferred to the Committee on BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. HB 708 (Pr. No. 4308) -- The Senate proceeded to consideration An Act establishing a recycling program for certain covered devices; imposing duties on manufacturers and retailers of certain covered devices; providing for the powers and duties of the Department of Environmental Protection and for enforcement; establishing the Electronic Materials Recycling Account in the General Fund; and prescribing penalties. HB 727 (Pr. No. 3144) -- The Senate proceeded to consideration An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for trademark counterfeiting. SB 873 (Pr. No. 1046) -- The Senate proceeded to consideration An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for right to counsel. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL REREFERRED HB 1128 (Pr. No. 4312) -- The Senate proceeded to consideration An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, providing for alternative energy portfolio standards and for alternative compliance payments; and further providing civil penalties for gas pipeline safety violations. vote, the bill was rereferred to the Committee on BILLS OVER IN ORDER SB 1241, SB 1307, SB 1331, SB 1371, SB 1392, SB 1404, SB 1414 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. SB 1429 (Pr. No. 2204) -- The Senate proceeded to consideration An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, further providing for consolidations and mergers.

9 2010 LEGISLATIVE JOURNAL - SENATE 2407 BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. SB 1469 (Pr. No. 2190) -- The Senate proceeded to consideration An Act amending the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, further providing for definitions, for requests, for access, for written requests, for exceptions for public records, for general rule, for filing of appeal, for appeals officers, for Office of Open Records and for applicability. BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILLS ON SECOND CONSIDERATION HB 1774 (Pr. No. 4065) -- The Senate proceeded to consideration An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, further providing for marketing and administration of service contracts being distinct from the business of insurance.. HB 1799 (Pr. No. 2335) -- The Senate proceeded to consideration An Act designating the interchange at Exit 48 of Interstate 79 in Washington County as the Purple Heart Interchange. HB 1926 (Pr. No. 3854) -- The Senate proceeded to consideration An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for regist r ation of sexual offenders. BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. AND RECOMMITTED HB 2066 (Pr. No. 3192) -- The Senate proceeded to consideration An Act establishing the Sales and Use Tax Study Commission; and providing for study and report on sales and use tax. vote, the bill just considered was recommitted to the Committee on Finance. HB 2139 (Pr. No. 4267) -- The Senate proceeded to consideration An Act providing for the Pennsylvania Agricultural Surplus System, for powers and duties of the Department of Agriculture and for the distribution and utilization of wildlife; and preempting certain municipal ordinances. HB 2172 (Pr. No. 3706) -- The Senate proceeded to consideration

10 2408 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 27, An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for jurisdiction and venue of Philadelphia Municipal Court and of magisterial district judges. HB 2212 (Pr. No. 4279) -- The Senate proceeded to consideration An Act amending the act of November 24, 1976 (P.L.1176, No.261), known as the Mobile Home Park Rights Act, further providing for short title and for definitions; providing for written leases; further providing for disclosure of fees; and making editorial changes. HB 2246 (Pr. No. 4078) -- The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for definitions; providing for permissible argument as to amount of damages; further providing for annual hauling permits, for permit for movement during course of manufacture, for conditions of permits and security for damages and for permit for movement of bulk refined oil; providing for permit for movement of nonhazardous liquid glue and for permit for movement of waste tires; further providing for promulgation of rules and regulations by department, for duty of driver in emergency response areas, for careless driving, for snow and ice dislodged or falling from moving vehicle and for sentencing for homicide by vehicle; providing for the offense of aggravated assault by vehicle; further providing for aggravated assault by vehicle while driving under the influence, for accident involving death or personal injury while not properly licensed and for accident scene clearance; and imposing penalties. HB 2258 (Pr. No. 3849) -- The Senate proceeded to consideration An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for disposition of dependent child. HB 2291 (Pr. No. 4311) -- The Senate proceeded to consideration An Act providing for the capital budget for the fiscal year ; itemizing public improvement projects, furniture and equipment projects, transportation assistance projects, redevelopment assistance capital projects, flood control projects, Keystone Recreation, Park and Conservation Fund projects, Environmental Stewardship Fund projects, State forestry bridge projects, General Fund current revenue projects, State ATV/Snowmobile Fund projects, State transportation enhancement funds projects and State Stores Fund current revenue projects to be constructed or acquired or assisted by the Department of General Services, the Department of Community and Economic Development, the Department of Conservation and Natural Resources, or the Department of Transportation, together with their estimated financial costs; authorizing the incurring of debt without the approval of the electors for the purpose of financing the projects to be constructed, acquired or assisted by the Department of General Services, the Department of Community and Economic Development, the Department of Conservation and Natural Resources, the Department of Environmental Protection or the Department of Transportation; stating the estimated useful life of the projects; providing an exemption; providing for limitation on certain capital projects; making appropriations; and making a repeal. HB 2338 (Pr. No. 3593) -- The Senate proceeded to consideration An Act providing for requirements for children in foster care and for grievance policy and procedure. BILLS OVER IN ORDER HB 2375 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. HB 2521 (Pr. No. 4290) -- The Senate proceeded to consideration An Act providing for anatomic pathology service disclosure.

11 2010 LEGISLATIVE JOURNAL - SENATE 2409 BILLS OVER IN ORDER HB 2547 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI, COMMUNICATIONS FROM THE GOVERNOR REPORTED FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator ROBBINS, from the Committee on Rules and Executive Nominations, reported communications from His Excellency, the of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows: MEMBER OF THE PENNSYLVANIA CANCER CONTROL, PREVENTION AND RESEARCH ADVISORY BOARD In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated May 5, 2010, for the appointment of Wanda D. Filer, MD, MBA, 510 Aqua Court, York 17403, York County, Twenty-eighth Senatorial District, as a member of the Pennsylvania Cancer Control, Prevention and Research Advisory Board, to serve for a term of four years and until her successor is appointed and qualified, vice Robert R Durkin, Olyphant, whose term expired. MEMBER OF THE STATE CIVIL SERVICE COMMISSION In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated June 16, 2010, for the appointment of The Honorable Jessica L. Wright, RR 1, Box 7362, Grantville 17028, Dauphin County, Fifteenth Senatorial District, as a member of the State Civil Service Commission, to serve until April 9, 2016, or until her successor is appointed and qualified, vice Marwan Kreidie, Philadelphia, whose term expired. MEMBER OF THE STATE BOARD OF CRANE OPERATORS September 15, 2010 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated June 18, 2010, for the appointment of Stephanie Moore (Public Member), R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the State Board of Crane Operators, to serve until December 8, 2011, or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Linda Binstock, Pittsburgh, resigned. MEMBER OF THE STATE BOARD OF DENTISTRY September 22, 2010 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated September 9, 2010, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the State Board of Dentistry, 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, vice new position. nomination on the-premises. MEMBER OF THE PENNSYLVANIA ECONOMIC DEVELOPMENT FINANCING AUTHORITY In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated May 3, 2010, for the appointment of Mark C. Schneider, 7522 Graymore Road, Pittsburgh 15221, Allegheny County, Forty-third Senatorial District, as a member of the Pennsylvania Economic Development Financing Authority, to serve for a term of four years and until his successor is appointed and qualified. JUDGE, COURT OF COMMON PLEAS, LUZERNE COUNTY September 24, 2010

12 2410 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 27, In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated September 1, 2010, for the appointment of Gregory E. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth Senatorial District, as Judge, Court of Common Pleas, Luzerne County, to serve until the first Monday of January 2012, vice The Honorable Hugh F. Mundy, resigned. MEMBER OF THE STATE BOARD OF NURSING September 22, 2010 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated August 20, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as a member of the State Board of Nursing, 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, vice Paulet Washington, Pittsburgh, declined appointment. MEMBER OF THE STATE BOARD OF PODIATRY September 20, 2010 In accordance with the power ad authority vested in me as of the Commonwealth, I do hereby recall my nomination dated June 30, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as a member of the State Board of Podiatry, to serve until March 16, 2014, or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Alice Hart Hughes, Newtown, resigned. MEMBER OF THE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION September 15, 2010 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated May 11, 2010, for the appointment of Judith A. Metzler, Stanford Road, Cambridge Springs 16403, Crawford County, Fiftieth Senatorial District, as a member of the Professional Standards and Practices Commission, to serve until the third Tuesday of January 2011, and until her successor is appointed and qualified, vice Myron Yoder, Emmaus, whose term expired. MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated May 13, 2010, for the appointment of Christina Valocchi (Public Member), 252 East Market Street #364, West Chester 19382, Chester County, Nineteenth Senatorial District, as a member of the State Board of Examiners in Speech-Language and Hearing, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Nader Ayoub, Springfield, whose term expired. I respectfully request the return to me the official message of nomination on the premises. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS September 20, 2010 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated July 9, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve until October 23, 2011, or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Gary Barbera, Gladwyne, resigned. NOMINATIONS RETURNED TO THE GOVERNOR Senator ROBBINS. Mr. President, I request 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 PRESIDENT. The nominations will be returned to the. REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator ROBBINS, 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:

13 2010 LEGISLATIVE JOURNAL - SENATE 2411 SECRETARY OF THE COMMONWEALTH June 14, 2010 advice and consent of the Senate, The Honorable [sic] Basil L. Merenda, 1905 S Hollywood Street, Philadelphia 19145, Philadelphia County, Eighth Senatorial District, for appointment as Secretary of the Commonwealth, to serve at the pleasure of the, vice The Honorable Pedro A. Cortes, Dauphin, resigned. MEMBER OF THE STATE BOARD OF COSMETOLOGY June 9, 2010 advice and consent of the Senate, Kristen M. Kaskie, 6134 Poplar Path, Elizabethtown 17022, Lancaster County, Forty-eighth Senatorial District, for appointment as a member of the State Board of Cosmetology, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Janet Sanko, Dauphin, whose term expired. MEMBER OF THE STATE BOARD OF DENTISTRY May 6, 2010 advice and consent of the Senate, R. Ivan Lugo, DMD, MBA, FACD, FICD, 530 S. 2nd Street, #8, Philadelphia 19147, Philadelphia County, First Senatorial District, for appointment as a member of the State Board of Dentistry, 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, vice John Reitz, Reading, whose term expired. MEMBER OF THE PENNSYLVANIA FISH AND BOAT COMMISSION June 22, 2010 advice and consent of the Senate, Norman R. Gavlick, MBA, CPRW (District 7), 388 N. Maple Avenue, Kingston 18704, Luzerne County, Twentieth Senatorial District, for reappointment as a member of the Pennsylvania Fish and Boat Commission, to serve for a term of eight years or until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE PENNSYLVANIA FISH AND BOAT COMMISSION June 29, 2010 advice and consent of the Senate, Glade E. Squires (District 8), 247 Spring Run Lane, Downingtown 19335, Chester County, Nineteenth Senatorial District, for appointment as a member of the Pennsylvania Fish and Boat Commission, to serve for a term of eight years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Richard Czop, Collegeville, whose term expired. MEMBER OF THE PENNSYLVANIA HOUSING FINANCE AGENCY July 21, 2010 advice and consent of the Senate, Mark S. Schwartz, Esquire, 1044 Claire Avenue, Huntingdon Valley 19006, Montgomery County, Fourth Senatorial District, for reappointment as a member of the Pennsylvania Housing Finance Agency, to serve until July 20, 2016, and until his successor is appointed and qualified. MEMBER OF THE STATE BOARD OF OPTOMETRY August 27, 2010 advice and consent of the Senate, Denise T. Wilcox, OD, Ph.D., 3900 S. Mallard Lane, Doylestown 18901, Bucks County, Tenth Senatorial District, for reappointment as a member of the State Board of Optometry, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE BOARD OF PSYCHOLOGY May 5, 2010 advice and consent of the Senate, Connie A. Rodgers (Public Member), 7152 Cottage Street, Philadelphia 19135, Philadelphia County, Fifth Senatorial District, for appointment as a member of the State Board of Psychology, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Catherine Maxaner, Milford, whose term expired.

14 2412 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 27, MEMBER OF THE STATE BOARD OF VETERINARY MEDICINE June 21, 2010 advice and consent of the Senate, Steven Radbill, DVM, 3619 Edencroft Road, Huntingdon Valley 19006, Montgomery County, Twelfth Senatorial District, for reappointment as a member of the State Board of Veterinary Medicine, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period. NOMINATIONS LAID ON THE TABLE Senator ROBBINS. 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 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 THE TABLE Senator ROBBINS. Mr. President, I call from the table certain nominations and ask for their consideration. The Clerk read the nominations as follows: SECRETARY OF THE COMMONWEALTH June 14, 2010 advice and consent of the Senate, The Honorable [sic] Basil L. Merenda, 1905 S Hollywood Street, Philadelphia 19145, Philadelphia County, Eighth Senatorial District, for appointment as Secretary of the Commonwealth, to serve at the pleasure of the, vice The Honorable Pedro A. Cortes, Dauphin, resigned. MEMBER OF THE STATE BOARD OF COSMETOLOGY June 9, 2010 Elizabethtown 17022, Lancaster County, Forty-eighth Senatorial District, for appointment as a member of the State Board of Cosmetology, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Janet Sanko, Dauphin, whose term expired. MEMBER OF THE STATE BOARD OF DENTISTRY May 6, 2010 advice and consent of the Senate, R. Ivan Lugo, DMD, MBA, FACD, FICD, 530 S. 2nd Street, #8, Philadelphia 19147, Philadelphia County, First Senatorial District, for appointment as a member of the State Board of Dentistry, 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, vice John Reitz, Reading, whose term expired. MEMBER OF THE PENNSYLVANIA FISH AND BOAT COMMISSION June 22, 2010 advice and consent of the Senate, Norman R. Gavlick, MBA, CPRW (District 7), 388 N. Maple Avenue, Kingston 18704, Luzerne County, Twentieth Senatorial District, for reappointment as a member of the Pennsylvania Fish and Boat Commission, to serve for a term of eight years or until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE PENNSYLVANIA FISH AND BOAT COMMISSION June 29, 2010 advice and consent of the Senate, Glade E. Squires (District 8), 247 Spring Run Lane, Downingtown 19355, Chester County, Nineteenth Senatorial District, for appointment as a member of the Pennsylvania Fish and Boat Commission, to serve for a term of eight years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Richard Czop, Collegeville, whose term expired. advice and consent of the Senate, Kristen M. Kaskie, 6134 Poplar Path,

15 2010 LEGISLATIVE JOURNAL - SENATE 2413 MEMBER OF THE PENNSYLVANIA HOUSING FINANCE AGENCY July 21, 2010 advice and consent of the Senate, Mark S. Schwartz, Esquire, 1044 Claire Avenue, Huntingdon Valley 19006, Montgomery County, Fourth Senatorial District, for reappointment as a member of the Pennsylvania Housing Finance Agency, to serve until July 20, 2016, and until his successor is appointed and qualified. MEMBER OF THE STATE BOARD OF OPTOMETRY August 27, 2010 advice and consent of the Senate, Denise T. Wilcox, OD, Ph.D., 3900 S. Mallard Lane, Doylestown 18901, Bucks County, Tenth Senatorial District, for reappointment as a member of the State Board of Optometry, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE BOARD OF PSYCHOLOGY May 5, 2010 advice and consent of the Senate, Connie A. Rodgers (Public Member), 7152 Cottage Street, Philadelphia 19135, Philadelphia County, Fifth Senatorial District, for appointment as a member of the State Board of Psychology, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Catherine Maxaner, Milford, whose term expired. MEMBER OF THE STATE BOARD OF VETERINARY MEDICINE June 21, 2010 advice and consent of the Senate, Steven Radbill, DVM, 3619 Edencroft Road, Huntingdon Valley 19006, Montgomery County, Twelfth Senatorial District, for reappointment as a member of the State Board of Veterinary Medicine, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months 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: YEA-48 Alloway Farnese Mensch Tartaglione Argall Ferlo Musto Tomlinson Baker Folmer O'Pake Vance Boscola Fontana One Vogel Browne Gordner Piccola Ward Brubaker Greenleaf Pileggi Washington Corman Hughes Pippy Waugh Costa Kasunic Rafferty White, Donald Dinniman Kitchen Robbins White, Mary Jo Earll Leach Scarnati Williams Eichelberger Mcllhinney Smucker Wozniak Erickson Mellow Stack Yaw 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 ROBBINS. Mr. President, I move that the Executive Session do now rise. The motion was agreed to by voice vote. RECESS The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a recess of the Senate for purposes of a meeting of the Committee on Appropriations, to be followed by a meeting of the Committee on Banking and Insurance, both to be held in the Rules room immediately. The PRESIDENT. For purposes of a meeting of the Committee on Appropriations, to be followed by a meeting of the Committee on Banking and Insurance, both to be held in the Rules room immediately, without objection, the Senate stands in recess. AFTER RECESS The PRESIDING OFFICER (Senator John C. Rafferty, Jr.) in the Chair. The PRESIDING OFFICER. The time of recess having expired, the Senate will come to order. HB 1609, HB 1990 AND HB 2273 TAKEN FROM THE TABLE The PRESIDING OFFICER. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I move that House Bill No. 1609, Printer's No. 2269; House Bill No. 1990, Printer's No. 2692; and House Bill No. 2273, Printer's No. 3704, be taken from the table and placed on the Calendar. The motion was agreed to by voice vote.

16 2414 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 27, The PRESIDING OFFICER. The bills will be placed on the Calendar. BILLS REPORTED FROM COMMITTEES Senator CORMAN, from the Committee on Appropriations, reported the following bills: SB 1272 (Pr. No. 2220) (Amended) (Rereported) An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting and furtaking, further providing for unlawful acts concerning licenses; and, in special licenses and permits, further providing for authority to issue permits, for permit fees and for falconry permits. HB 174 (Pr. No. 4327) (Amended) (Rereported) An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, codifying the Public Eating and Drinking Place Law and the Food Act; providing for the protection of public health and for regulations; requiring licensing; further providing for organic foods, for maple products, for food employee certification and for farmers' market; providing for penalties; and making related repeals. HB 1376 (Pr. No. 1677) (Rereported) An Act amending the act of June 18, 1984 (P.L.391, No.82), known as the Continuing-Care Provider Registration and Disclosure Act, further providing for investigations and subpoenas and for audits. HB 1671 (Pr. No. 2112) (Rereported) An Act amending the act of August 14, 1963 (P.L.839, No.407), entitled, as amended, "An act creating a county records committee; imposing powers and duties upon it: authorizing the Pennsylvania Historical and Museum Commission to assist and cooperate with it; defining county records; and authorizing the disposition of certain county records by county officers in counties of the second to eighth class," increasing the membership of the committee. HB 2429 (Pr. No. 3594) (Rereported) An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for disposition of dependent child. Senator D. WHITE, from the Committee on Banking and Insurance, reported the following bills: SB 1280 (Pr. No. 1788) An Act amending the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, further providing for medical professional liability insurance, for Medical Care Availability and Reduction of Error Fund and for actuarial data. HB 2368 (Pr. No. 3450) An Act amending the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921, further providing for definitions. SENATE RESOLUTIONS ADOPTED Senators VANCE, BAKER, ERICKSON, DINNIMAN, ARGALL, BOSCOLA, EARLL, FERLO, FONTANA, GREEN- LEAF, O'PAKE, ORIE, PILEGGI, PIPPY, ROBBINS, STACK, TARTAGLIONE, D. WHITE and M. WHITE presented to the Chair SR 396, entitled: A Resolution designating November 5, 2010, as "Pennsylvania Student Publications Day" in Pennsylvania. Which was read, considered, and adopted by voice vote. Senators DINNIMAN, ALLOWAY, KASUNIC, O'PAKE, ORIE, RAFFERTY, STOUT, COSTA, EARLL, PIPPY, ERICKSON, D. WHITE and PILEGGI presented to the Chair SR 397, entitled: A Resolution proclaiming the month of September 2010 as "College Savings Month" in Pennsylvania. On the question, Will the Senate adopt the resolution? The PRESIDING OFFICER. The Chair recognizes the gentleman from Chester, Senator Dinniman. Senator DINNIMAN. Mr. President, I think the citizens of this Commonwealth know the problems when it comes to getting a young person, or even an older person, through college and its cost. The Commonwealth, as you know, has a savings plan through the Treasury Department. There are now over 208,000 accounts in that Treasury program. So I rise simply to bring to public attention the fact that the Commonwealth of Pennsylvania is a leader in offering opportunities for people to save money to go to college, and at the rate that colleges are increasing tuition, you might as well start when that young person is 1 day old. In all seriousness, there are some good programs out there. You want to think about it, get involved as a parent. The legislature, this Senate, has been working on a number of ways to reduce the cost of higher education, and hopefully, that right balance, that combination of the Senate working to reduce the price of higher education and people starting to save early, will do the trick so more and more of our young people will be able to afford college and go on to higher education. Thank you, Mr. President. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. Senators STACK, TARTAGLIONE, MENSCH, BOSCOLA, ORIE, MUSTO, STOUT, FONTANA, ERICKSON, COSTA, O'PAKE, GREENLEAF, VOGEL, ARGALL, PILEGGI, HUGHES, WASHINGTON, D. WHITE, BAKER, PIPPY, ALLOWAY, RAFFERTY, EARLL and MELLOW presented to the Chair SR 398, entitled: A Resolution designating October 3, 2010, as "Pulaski Memorial Day" in Pennsylvania commemorating the 231st anniversary of his death in 1779.

17 2010 LEGISLATIVE JOURNAL - SENATE 2415 On the question, Will the Senate adopt the resolution? The PRESIDING OFFICER. The Chair recognizes the gentleman from Philadelphia, Senator Stack. Senator STACK. Mr. President, I am asked all the time why it is so important to recognize Polish heritage. And one of the great things I like to bring to our colleagues is the great Polish cultural tradition that we have in Philadelphia. In my particular district, in Bridesburg and Port Richmond, many folks are still fluent Polish speakers. We have polish shops and stores. It is a great part of our Philadelphia heritage, and it is part of our great Pennsylvania heritage across the board with all of the different proud ethnic groups that we have in our State. The second resolution designates October 2010 as "Polish American Heritage Month" in Pennsylvania. And you should know, Mr. President, that this year marks the 402nd anniversary of Polish settlers arriving in America. Throughout our nation's history, our Polish ancestors have brought their unique customs and beliefs from their own country while shaping America as a land of freedom and opportunity. Thanks to previous generations, we can celebrate our various cultural heritages while sharing that common identity as Americans. Pennsylvania is home to numerous notable figures, including the late Cardinal John Krol from Philadelphia, baseball Hall of Famer Stanley "Stan the Man" Musial of Donora, and singer Bobby Vinton of Canonsburg. To this day, Polish Americans represent a significant portion of the population, and Polish culture is represented throughout Philadelphia's communities, as I alluded to, and across our State, Mr. President. All Pennsylvanians, including me, are grateful for the many contributions of our citizens of Polish origin. So it is only fitting that we honor them throughout October. One of the great citizens of Poland was General Casimir Pulaski, who was a hero in the American Revolutionary War and helped Washington's army defeat the British. So we are proud of Casimir Pulaski. I also offer a resolution designating October 3, 2010, as "Pulaski Memorial Day" in Pennsylvania. Pulaski Memorial Day commemorates the 231st anniversary of General Casimir Pulaski's death. I alluded to his bravery with the Continental Army. He also led the cavalry in the battles at Brandywine and Germantown. He defended Charlestown, South Carolina, and he died trying to protect Savannah, Georgia, from British forces. So he got around, fighting for America. Mr. President, one more time, Polish people have made countless contributions to this country and to our great State, and Casimir Pulaski is one of those great people. Therefore, I ask my colleagues for their support of these resolutions designating October 2010 as Polish American Heritage Month in Pennsylvania and October 3, 2010, as Pulaski Memorial Day in Pennsylvania. Thank you to our Polish community, and thank you, Mr. President. The PRESIDING OFFICER. The Chair thanks the gentleman for the recognition of an American hero in our Revolutionary War, General Pulaski. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. Senators STACK, TARTAGLIONE, MENSCH, BOSCOLA, ORIE, MUSTO, STOUT, FONTANA, ERICKSON, COSTA, O'PAKE, GREENLEAF, VOGEL, ARGALL, PILEGGI, HUGHES, WASHINGTON, D. WHITE, BAKER, PIPPY, ALLOWAY, TOMLINSON, RAFFERTY, EARLL and MEL- LOW presented to the Chair SR 399, entitled: A Resolution designating the month of October 2010 as "Polish American Heritage Month" 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 John T. Yurconic, Jane Schiff, Heather McCloskey, Lisa D. Lavender, James A. Landis, James S. Klunk, Jennifer A. Grube, Francee Fuller, Justin Corsa and to William R. Blumer by Senator Browne and others. Congratulations of the Senate were extended to the Ann- Joachim House of Kulpmont by Senator Gordner. Congratulations of the Senate were extended to Mary Ellen Lowe by Senators Gordner and Argall. Congratulations of the Senate were extended to Univest National Bank and Trust Company's Lansdale Area Financial Service Center by Senator Greenleaf. Congratulations of the Senate were extended to Mr. and Mrs. George Silvers, Mr. and Mrs. Robert Hillberry, Mr. and Mrs. James Husk, Mr. and Mrs. Lyle E. Evans, Mr. and Mrs. Richard Oblak and to Mr. and Mrs. Charles Henderson by Senator Stout. BILLS ON FIRST CONSIDERATION Senator ORIE. Mr. President, I move that the Senate do now proceed to consideration of the 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 1280 and HB And said bills having been considered for the first time, Upon motion of Senator WAUGH, and agreed to by voice vote, the bills just considered were rereferred to the Committee on PETITIONS AND REMONSTRANCES The PRESIDING OFFICER. The Chair recognizes the gentlewoman from Philadelphia, Senator Tartaglione. Senator TARTAGLIONE. Mr. President, before the summer recess began, we learned that our tax amnesty program had far surpassed estimates, and it was the first good financial news we had received in along, long time. But it was not just good news for us and good news for the, it was good news for every person in Pennsylvania who pays their taxes on time. As I said before, Mr. President, no one likes to pay taxes, but it is a lot easier to accept when you know that the system is fair and that the rules apply to everyone equally.

18 2416 LEGISLATIVE JOURNAL - SENATE SEPTEMBER 27, Most Pennsylvania families pay their taxes in full and on time. However, I am not sure what to tell them when they find out that the same cannot be said for corporations. Nearly three-quarters of corporations in Pennsylvania pay no income taxes. While I understand that many are struggling in this economy and are simply not making any profit, research shows that many other very wealthy corporations are finding a way around the law. In fact, 37 corporations with substantial business dealings in Pennsylvania have been sued by other States for their crafty accounting and Delaware tax-shifting. Those 37 corporations alone could owe more than $60 million in Pennsylvania income taxes. Tired of chasing them around in court, nearly half of the States have now enacted combined reporting legislation to force corporations to pay their fair share. As we head toward the end of the legislative Session, we know we will return to what could be the most difficult budget debate ever. If we do not close the Delaware loophole to prevent disastrous budgets cuts, we should at least do it so that we can face Pennsylvania families and small businesses who pay their fair share and cannot hide behind a Delaware holding company. When a Pennsylvania family is counting pennies in a checkout line at a big-box retailer, looking at the sales tax line, do they know that the company has a Delaware subsidiary that helps it avoid State income taxes and that the holding company lets shoppers in Delaware shop for free? When we hear of another small business family-owned subsidiary store, hardware store, or restaurant losing in competition to large national chains, how do we explain that we knew that the chains had a tax advantage and did nothing? Mr. President, for all of the right reasons, it is time to close the Delaware loophole. Thank you, Mr. President. The PRESIDING OFFICER. The Chair recognizes the gentleman from Philadelphia, Senator Hughes. Senator HUGHES. Mr. President, in keeping consistent with my colleague and friend, the previous speaker, Senator Tartaglione, this issue forces, I think, some level of dialogue about fairness, equity, access, and, in the end, jobs for people who are going longing. Senator Tartaglione's comments speak specifically about making sure that there is fairness in our taxing system and, in that fairness, that those in Pennsylvania who rely on the Commonwealth for economic development projects, job training projects, and things of that nature, to make sure that those programs are fully funded, especially this time of year, Mr. President, when we have unemployment rates in the Commonwealth of around 9.2 or 9.3 percent and the national unemployment rate hovering around 10 percent. We must be very thoughtful about how we create our taxing policies, that they not impact those who are trying to work, trying to make ends meet, and trying to pull everything together, and that they are not so advantaged to one particular community. In this case, Mr. President, the advantage seems to be in the hands of those who are the wealthiest in this Commonwealth and in this nation. My comments specifically go to, if you will, complementing the comments of Senator Tartaglione, as we talk about a program that is funded right now by the Federal government and, in Pennsylvania, is employing over 12,000 people in the Way to Work program. That program is scheduled to come to an end unless the United States Senate acts on it. It is scheduled to come to an end this coming Thursday, at midnight on September 30. Those 12,000 jobs that are funded by the Federal government will no longer be in existence, and those are 12,000 people, most of whom have families, who will be severely impacted because of the loss of that income. That does not have to occur, simply because the money for that project, in Pennsylvania and across the country, is in existence and only waiting for an extension by the Federal government to allow those workers to keep on working. The money has already been allocated, has not been fully spent, and is available to keep those folks working if the United States Senate acts on a measure passed by the U.S. House to continue the existence of that program. And we are urging -- I, along with Senator Tartaglione and many Members of the Senate Democratic Caucus, including our Appropriations chairman and many others, leaders and rank-and-file in our Caucus -- are urging the United States Senate to take action on this, and we use this forum as a vehicle to continue to explore that issue and try to advance that issue and push that issue forward. What could be more important than allowing 12,000 people who are working right now, who are making contributions to their own communities, who are making contributions to their own families, who are paying their bills, who are putting food on their tables, when the employment opportunities have run out in their respective communities, what could be more important than making sure that a project like that is continued, especially when the funds have already been allocated for that to occur? So, we are encouraging--again, I stood up on this issue last week. My colleagues and I sent a letter a week ago, along with a resolution entered into this body which we hope can be moved before we adjourn for the week. What could be more important than allowing this program that is putting people to work all across the Commonwealth, not just in big cities, but in small towns and communities all across the Commonwealth, putting food on the table, keeping their lights on, keeping their bills paid--what could be more important than allowing that program to continue, especially since the moneys have already been allocated? These are Federal dollars coming to all of the States in this nation as part of the stimulus program, and this is important. This is crucial. We should be focusing on what it is that we can do to create jobs and sustain employment in our respective communities as we work through our own process here with our State budget. We have an opportunity to encourage the Federal government to do the same. So I rise again, as I did last week, as I will continue to do, to make sure that this issue is not left on the table but is an issue that is addressed soon, and very soon. Thank you, Mr. President. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITTEE MEETINGS MONDAY, SEPTEMBER 27, 2010 Off the Floor APPROPRIATIONS (to consider Senate Rules Cmte. Bill No. 1272; and House Bills No. 174, Conf. Rm. 400, 1376, 1671 and 2429)