COMMONWEALTH OF PENNSYLVANIA M nurnat WEDNESDAY, NOVEMBER 16, 2011

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1 COMMONWEALTH OF PENNSYLVANIA M nurnat WEDNESDAY, NOVEMBER 16, 2011 SESSION OF TH OF THE GENERAL ASSEMBLY [ j:] SENATE WEDNESDAY, November 16, 2011 The Senate met at 11 a.m., Eastern Standard Time. The PRESIDENT (Lieutenant Governor Jim Cawley) in the Chair. PRAYER The Chaplain, Reverend WILLIAM BLAKE, of Villa St. Joseph, Dunmore, offered the following prayer: Let us bow our heads in prayer, making a conscious effort to place ourselves in the presence of our God. O God, source of all wisdom, guide and direct our State assembly, that by just and prudent laws, they may promote the well-being of all of our people. Allow them to hear Your gentle voice in the depths of their hearts, so that all of their deliberations may be guided by Your loving will. Amen. The PRESIDENT. The Chair thanks Father Blake, who is the guest today and uncle of Senator Blake. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) BILL INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Bill numbered, entitled, and referred as follows, which was read by the Clerk: November 16, 2011 Senators BLAKE, RAFFERTY, SCHWANK, BREWSTER, YUDICHAK, BROWNE, WASHINGTON, FERLO and ALLOWAY presented to the Chair SB 1340, entitled: An Act amending Titles 18 (Crimes and Offenses), 30 (Fish) and 34 (Game) of the Pennsylvania Consolidated Statutes, in assault, further providing for the offense of aggravated assault; in enforcement, further providing for interference with officers of the Pennsylvania Game Commission and of the Pennsylvania Fish and Boat Commission; providing for the offense of assaulting an officer; further providing for junsdiction and penalties and for disposition of fines and penalties; and, in game or wildlife protection, further providing for killing game or wildlife to protect person, for unlawful importation of game or wildlife, for unlawful taking and possession of protected birds, for possession or interference with active nests or eggs of birds, for unlawful sale of protected birds and plumage and for hunting or furtaking prohibited while under influence of alcohol or controlled substance. Which was committed to the Committee on GAME AND FISHERIES, November 16, HOUSE MESSAGES 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: November 16, 2011 HB Committee on Public Health and Welfare. HB Committee on Education. HB Committee on Finance. BILLS REPORTED FROM COMMITTEE Senator BRUBAKER, from the Committee on Finance, reported the following bills: SB 371 (Pr. No. 355) An Act amending the act of December 30, 2003 (P.L.441, No.64), known as the Tobacco Product Manufacturer Directory Act, further providing for directory. SB 382 (Pr. No. 1801) (Amended) An Act amending the act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, in consolidated collection of local income taxes, further providing for definitions. SB 1036 (Pr. No. 1301) An Act amending the act of June 1, 1956 (1955 P.L. 1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law, further providing for allocated money. SB 1201 (Pr. No. 1802) (Amended) An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for the definition of "child with a disability"; and providing for inheritance tax. SB 1301 (Pr. No. 1803) (Amended) An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in assessments of persons and property, further providing for definitions; and providing for applicability.

2 1234 LEGISLATIVE JOURNAL - SENATE NOVEMBER 16, HB 1164 (Pr. No. 1845) An Act amending the act of July 2, 2006 (P1.292, No.65), known as the Organ and Bone Marrow Donor Act, further providing for applicability of act. LEGISLATIVE LEAVES Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a temporary Capitol leave for Senator Mcllhinney. Allegheny, Senator Costa. Senator COSTA. Mr. President, I request a temporary Capitol leave for Senator Schwank. The PRESIDENT. Senator Pieggi requests a temporary Capitol leave for Senator Mclhinney. Senator Costa requests a temporary Capitol leave for Senator Schwank. Without objection, the leaves will be granted. LEAVE OF ABSENCE Senator COSTA asked and obtained a leave of absence for Senator YUDICHAK, for today's Session, for personal reasons. JOURNALS APPROVED The PRESIDENT The Journals of the Session of October 19, 2011, and the second Session of October 19, 2011, are now in print. The Clerk proceeded to read the Journals of the Session of October 19, 2011, and the second Session of October 19, Senator PILEGGI. Mr. President, I move that further reading of the Journals be dispensed with and that the Journals be approved. Will the Senate agree to the motion? The yeas and nays were required by Senator PILEGGI and were as follows, viz: Alloway Erickson One Vance Argall Famese Piccola Vogel Baker Ferlo Pileggi Ward Brewster Gordner Robbins White Donald Browne Greenleaf Scarnati White Mary Jo Connan Kasunic Smucker Wozniak Earli Mcllhinney Tartaglione Eichelberger Mensch Tomlinson A majority of the Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. The Journals are approved. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR JOHN P. BLAKE PRESENTED TO THE SENATE The PRESIDENT The Chair recognizes the gentleman from Lackawanna, Senator Blake. Senator BLAKE. Mr. President, I am delighted to have the opportunity to introduce and give a sincere warm Pennsylvania Senate welcome to the gentleman who led us in prayer prior to the start of our Session today, the Reverend William Blake, born and raised in my hometown of Archbald, Pennsylvania, and of my grandparents, Vincent and Margaret Cawley Blake. He is one of six sons - Gene, James, Bill, Don, Jerry, and Jack, my dad - who were reared on Number 5 Hill and were members of St. Thomas Aquinas Church in Archbald, which recently celebrated its 150th anniversary. It is appropriate that the reading in this morning's Mass was from Maccabees, the mother of the seven sons who decided that it was important that they live up to the will and fate of their father and, of course, that is true about Vincent and Margaret Cawley Blake and their six sons in Archbald. The Reverend was ordained June 8, 1963, as a Roman Catholic priest in the Diocese of Scranton. He also married my wife, Louise, and I on June 8, so we share an anniversary - his ordination and our wedding date. He recently retired alter 48 years of active priesthood, the last 16 spent at the Queen of Angels Parish in Jessup, where he is now considered pastor emeritus. On October 30, 2008, he was bestowed the Humanitarian Award from the Chapel of the Four Chaplains. The Humanitarian Award is given for a lifetime of outstanding humanitarian service which has profoundly affected the quality of life in one's community. The Reverend has always been recognized for his humility. Asking the indulgence of the Chamber, I would like to read a quick excerpt from a letter sent to him by his parishioners immediately prior to his recent retirement. (Reading:) As you know, our humble pastor, Father William B. Blake, will be retiring from the priesthood after more than 48 years of service to the Lord. For the past 16 years, our churches have been blessed with the stewardship of Father Blake. His intelligence and foresight has effectively prepared us for the realities of the changes in our diocese. His compassion and humility ensures us that "how" we worship and not "where" we worship God is how we will ultimately gain salvation. He has personally helped many of us work through challenges and solutions while never straying from his call to holiness. His sermons--like the prayer in today's Session--have mostly been "short and sweet," which everyone appreciated. Short and sweet,' but always to the point. He reassured us that we are all, including himself, children of God; and that each and every one of us has our earthly purpose. His guidance has been a constant as we seek a better understanding of our calling to God's service. Mr. President, few people have been more important to me, to our family, and to our community in influence and guidance than Reverend William Blake, who is also my godfather. He is joined here today by my sisters Teresa, Margaret, and Patricia, as well as his brother, my uncle, Jerry Blake. Please join me in offering the Reverend a warm Pennsylvania Senate welcome. The PRESIDENT. Would the guests of Senator Blake please rise so that the Senate may give you its usual warm welcome. (Applause.)

3 2011 LEGISLATIVE JOURNAL - SENATE 1235 GUESTS OF SENATOR GENE YAW PRESENTED TO THE SENATE Lycoming, Senator Yaw. Senator YAW. Mr. President, two of the guest Pages today are constituents of mine from South Williamsport Area High School. Jillian Jackson and Alek Keller are seniors from Ryan Carper's AP U.S. Government and Politics class. Jillian Jackson actively participates in band, drama, Teen Contacts, is the president of the class of 2012, a member of the National Honor Society, Key Club, student council, basketball, and qualified for All-State Chorus. After high school, she plans to attend college and major in speech pathology, and her first choice right now is West Chester University. Alek Keller actively participates in basketball--we understand why--soccer, is president of the Key Club, a member of student council, Teen Contacts, the National Honor Society, and enjoys playing the piano in his free time. After high school, he plans to attend college and major in endocrinology. I ask that the Senate give a warm welcome to these two outstanding students from my district. The PRESIDENT. Would the guests of Senator Yaw please rise so that the Senate may give you its usual warm welcome. (Applause.) GUESTS OF SENATOR STEWART GREENLEAF PRESENTED TO THE SENATE Montgomery, Senator Greenleaf. Senator GREENLEAF. Mr. President, seated on the Senate floor is the Gardner family: Robert, Deborah, and their son, Ricky, from my district in Hatfield, as well as Ricky's nurse, Mrs. Susan Croissette, and her two children, William, 13, and Melanie, 10. They traveled to Harrisburg today to witness the consideration of a resolution that recognizes December 4 as "Pallister-Killian Syndrome Awareness Day" in Pennsylvania. The Gardner family recently wrote and informed me of their son, Ricky, who has a rare genetic disorder called Pallister-Killian Syndrome, or PKS, and requested a resolution to bring about public awareness of this syndrome to the residents of Pennsylvania. Ricky recently turned 16, actually on October 29. At the time of his birth, his parents were told that he was the first-ever prenatally diagnosed case of this syndrome and that they, quote, should select a name and burial plot for him, end of quote. The Gardner family became aware of the nonprofit organization called PKS Kids, offering information, advice, support, and resources for children with PKS, which can be found on They also discovered there are five other families in Pennsylvania with children diagnosed with PKS. This is a rare chromosome disorder afflicting less than 300 persons worldwide. However, many doctors believe the incidence of PKS is much higher, possibly as high as 2,000 cases that exist in the United States alone. It is a disorder of the 12th chromosome occurring because there are four copies instead of the normal two. It is often diagnosed at birth, but diagnosis does not always come easy. PKS causes children to suffer low muscle tone, seizures, global developmental delays, hearing and vision loss, among other conditions. It happens randomly and at conception for no known reason. There is no cure. Because PKS is so rare, there is not much scientific or medical research available. The Gardner family hopes that increased public awareness of this condition will help families and caregivers of children with PKS and promote research, education, and raise awareness within the medical community to insure early diagnosis of children with PKS. With that, I will now ask that the Senate first give its usual warm welcome to my guests, the Gardner and Croissette families, followed by consideration of a resolution recognizing December 4 as Pallister-Killian Syndrome Awareness Day in Pennsylvania. Thank you, Mr. President. The PRESIDENT. Would the guests of Senator Greenleaf please rise so that the Senate may give you its usual warm welcome. (Applause.) SENATE RESOLUTION ADOPTED Senators GREENLEAF, STACK, FONTANA, RAFFERTY, ALLOWAY, SOLOBAY, ORIE, ERICKSON, TARTAGLIONE, FERLO, DINNIMAN, PILEGGI and PIPPY, by unanimous consent, offered Senate Resolution No. 232, entitled: A Resolution recognizing December 4, 2011, as "Pallister-Killian Syndrome Awareness Day" in Pennsylvania. Will the Senate adopt the resolution? Montgomery, Senator Mensch. Senator MENSCH. Mr. President, I just want to welcome the Gardners to the Chamber of the Senate as well. I have been fighting my own awareness battle for 33 years now, so I have had a very similar experience in life to the one that they are experiencing. It takes a great deal of courage to come out here and present yourselves as you have. Thank you. Congratulations to you. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. REQUEST FOR RECESS Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a recess of the Senate for the purpose of a Republican caucus to be held in the Majority Caucus Room immediately. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Mcllhinney has returned, and his temporary Capitol leave is cancelled.

4 1236 LEGISLATIVE JOURNAL - SENATE NOVEMBER 16, RECESS Allegheny, Senator Costa. Senator COSTA. Mr. President, Senate Democrats will meet in the rear of the Chamber for a caucus as well. The PRESIDENT. For purposes of Republican and Democratic caucuses to be held immediately, without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Schwank has returned, and her temporary Capitol leave is cancelled. LEGISLATIVE LEAVES Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request legislative leaves for Senator One and Senator Mary Jo White, and temporary Capitol leaves for Senator Piccola and Senator Don White. The PRESIDENT. Senator Pileggi requests legislative leaves for Senator One and Senator Mary Jo White, and temporary Capitol leaves for Senator Piccola and Senator Don White. Without objection, the leaves will be granted. CALENDAR THIRD CONSIDERATION CALENDAR BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 390 (Pr. No. 1793) -- The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in registration of vehicles, further providing for vehicles exempt from registration; in commercial drivers, further providing for definitions; and in inspection of vehicles, further providing for requirement for periodic inspection of vehicles, for operation of vehicle without official certificate of inspection and for width of vehicles. Lancaster, Senator Brubaker. Senator BRUBAKER. Mr. President, this has been a long time in coming, and when I say a long time, I mean decades. I do not believe there is a Member -- in fact, I am quite confident that there is not a Member in this Chamber, House or Senate, who does not believe that Pennsylvania should have a strong, vibrant, healthy agricultural economy. It is a significant part of the economy of the Commonwealth of Pennsylvania, and I believe that all Members desire that to continue. Mr. President, agriculture in the last few decades has changed. Many of our 63,000 farm families today have to farm more than one farm, and in doing so, they have to take those farm implements down the road. Nobody wants public safety to be jeopardized, but at the same time, we have to strike a happy medium on how to get the farm implements from farm A, to farm B, to farm C, so that our farmers can continue to farm and make a living, while at the same time not jeopardizing the safety of vehicular traffic. I would like to congratulate Senator Rafferty and Senator Vogel, and many other Members on this floor, for their hard work and continued focus on making sure that we can indeed have both an environment where farm vehicles can get down the road safely without breaking the law while, at the same time, not jeopardizing vehicular safety. Thank you, Mr. President. Beaver, Senator Vogel. Senator VOGEL. Mr. President, I, too, want to thank Senator Brubaker and Senator Rafferty for their work on this piece of legislation. Unfortunately, over the years, Pennsylvania had become an island of inconsistent regulations. Excessive restrictions on the movement of agriculture equipment places Pennsylvania farmers at a disadvantage because of the increased liabilities and inabilities to travel between tracts of land. Pennsylvania is unique in the fact that it has small tracts of land spaced out and owned by a single farmer, instead of large tracts of land where transportation of equipment on roadways is not an issue. The bottom line is Pennsylvania farmers have to buy equipment that is available, and what is now the standard is large equipment that we need to increase efficiencies in farming. So, I want to again thank Senator Brubaker and also the Pennsylvania Farm Bureau, who worked hard with the agriculture community and the administration to get this passed. I am glad we are finally able to get this to come to a conclusion today. Thank you, Mr. President. And the question recurring, Alloway Erickson Orie Vance ArgaIl Farnese Piccola Vogel Baker Ferlo Pileggi Ward Brewster Gordner Robbins White Donald Browne Greenleaf Scarnati White Mary Jo Corman Kasunic Smucker Wozniak Earl Mcllhinney Tartaglione Eichelberger Mensch Tomlinson

5 2011 LEGISLATIVE JOURNAL - SENATE 1237 BILLS OVER IN ORDER SB 405 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL LAID ON THE TABLE HB 864 (Pr. No. 2576) -- The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for definitions, for requirement for commercial drivers license and for the Pedalcycle and Pedestrian Advisory Committee. vote, the bill was laid on the table. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 1264 (Pr. No. 1779) -- The Senate proceeded to consideration An Act establishing the Supplemental Individual Assistance Program; and making an appropriation to the Governor for grants to individuals suffering losses because of Hurricane Irene and Tropical Storm Lee and for payment of the Commonwealths share to secure individual assistance from the Federal Government. Columbia, Senator Gordner. Senator GORDNER. Mr. President, in late August and early September, Pennsylvania felt the effects of Hurricane Irene and Tropical Storm Lee. With those two events, there was much devastation and personal tragedy. There were hundreds of millions of dollars' worth of losses across this State. What was interesting about this was not that there were areas that had been flooded before that got flooded during Hurricane Irene and Tropical Storm Lee, but that there were areas that had never been flooded before that got flooded during this event. Let me give you one example in my district. There was an elderly housing project, Tenny Street Elderly Housing in Columbia County. It was just built in the last 5 or 6 years, and as part of the building, they had to make sure they were not in the flood plain. They checked that they were not in the flood plain, and they had to certify that they were not in the flood plain. As a result of the devastation of Tropical Storm Lee, in fact, they ended up with a couple of feet of water throughout their elderly project and dozens of seniors lost homes that they figured would be the last homes in which they would live. Those are examples of places that had never been flooded before, but were flooded during this tragedy. Throughout all the devastation, throughout all the loss of property, throughout all the loss of personal family items and displacement, there were many rainbows, though, during these tragedies. We saw neighbors helping neighbors, we saw churches coming forward and opening their doors, and we saw schools serving as disaster relief areas. Of course, the Red Cross was working 24 hours a day. We saw college students leave campuses and go into communities to help people remove flood-damaged property. We saw strangers helping strangers. We saw helping hands, whether it was with coffee or a hot meal, contributions large or small. Those were some of the many rainbows that occurred during this period of recovery from devastation. During these times of tragedy, government needs to step up and help as well. The Federal government has come forward and has been a tremendous amount of help. FEMA did a good job in immediately coming forward and providing materials and supplies and assistance. The President responded quickly when Governor Corbett asked for declarations and they were granted. Just this week in my home county of Columbia, House Speaker John Boehner was with Congressman Lou Barletta touring a muchravaged area where local businesses were affected. We, too, at the State level stepped forward to provide assistance and response. Governor Corbett was right on top of things from the beginning. He assembled cabinet officials who corresponded and spoke on a daily basis, gathering folks from cabinet positions who had areas within their own departments that could step up and provide assistance. PEMA, again, helped and assisted around the clock. I want to single out a law school buddy of mine, Vince Hudock, who did a wonderful job and is a good guy. I would be remiss if I did not mention our Pennsylvania National Guard. Once again, our National Guard folks, who have other jobs and occupations but are available on a moment's call, came forward, provided transportation assistance, delivered water, delivered other types of supplies, and provided security for those areas that needed it. But our State's role is not over. The State must also respond with resources during this time as well. Our State and General Assembly has done it before. We did it after Hurricane Agnes in 1972 by responding with financial resources. We did it in 1977, again, by responding with financial resources, and most recently, we did it in 1996 where we actually had, under Governor Tom Ridge, a Special Session on flooding to deal with that January disaster. lam very proud to be a part, this year in 2011, of our State response in regard to assistance, and to be a part of a bipartisan group of Senators. Right after the event occurred, I joined with Senator Baker, Senator Blake, Senator Yaw, and Senator Yudichak in a bipartisan response to deal with this issue. We, as a group, have introduced eight bills and have received a tremen-

6 1238 LEGISLATIVE JOURNAL - SENATE NOVEMBER 16, dous amount of support and cosponsorship from our fellow Senators. Today, we are on the cusp of adopting those eight bills. One, sponsored by Senator Baker, would provide individual assistance of up to $10,000 to those who have reached the maximum amount of assistance at the Federal level. There are about 500 or so whom we believe will take advantage of that. There are bills by Senator Yaw and I that will deal with the highways and bridges that were damaged. We expect the Federal government to deliver about 75 percent of those costs, but we at the State level will need to come up with a 25-percent share, and that is what we do with these bills, not only for the State's share, but for the county and the local municipal shares as well. Through Senator Yudichak, we have a bill that would provide for flood control and disaster mitigation efforts in those areas. And again, there were areas that had never been affected before that were affected this time. Again, through Senator Baker, there is a bill that provides much-needed assistance to small businesses. Senator Baker had recently mentioned, I believe in Shickshinny, that there is a community where 28 businesses were affected and only 2 are currently up and running. This is a program that would provide assistance for employers of 100 or less with a low-interest loan in order to make sure that they can get back on their feet. Finally, we have a program to help our farmers. Senator Vogel was very helpful with this, and Senator Yaw has a bill that would provide interest rate assistance and a loan guarantee program. I want to also mention staff. We have tremendous staff who have really done a lot of work the past few weeks, in particular, Greg Jordan and Anna Fitzsimmons from our Senate Committee on Appropriations, who spent a lot of time in regard to the bonding and capital budget projects, and again, Josh Funk in my office, who really helped coordinate those bills. In conclusion, I want to again thank this bipartisan group of Senators. I want to thank this entire body who has been very supportive of this process. I look forward to getting these bills to the Governor in December so that we can, once again, like we did in 1972, 1977, and 1996, provide State assistance for these flood victims, these businesses and communities to help them get back up and running again. Thank you, Mr. President. Delaware, Senator Erickson. Senator ERICKSON. Mr. President, I would like to extend my appreciation to all the people who have put these bills forth. I think it is a wonderful package of bills. It will be very helpful to people. These flooding events were something that occurred across the Commonwealth of Pennsylvania. It impacted thousands of people. We are responding to that by spending money to help correct some of the damage that was done. Over the last 2 days, Senator Mary Jo White and I have held hearings relative to flooding issues. We have tried to discover what it is that causes this flooding. The cause is different from one area to the other across the Commonwealth. We have tried to also explore whether or not there are any actions that we can take in the future to prevent flooding from occurring. The thought occurred to me that it would be a lot better if we could take the money that is being appropriated through these bills and use it toward prevention. So we are proposing a number of bills that will address the flooding issues by forming stormwater authorities and also try to figure out what the role of each of our agencies in the State - DEP, PEMA, and some of the others - really perform. We will then see some other bills in the future that will address this issue. But let me end by saying, again, congratulations to the people who sponsored these bills. They are necessary and we will, of course, pass them. Thank you. The PRESIDENT. The Chair recognizes the gentlewoman from Luzerne, Senator Baker. Senator BAKER. Mr. President, I rise to support this package of bills, and also to acknowledge Senator Gordner's good work in shepherding this through the legislative process. As he mentioned, I have many residents and businesses who are not operating since the flooding. This package will go a long way to give relief to the individuals, the families, and the businesses who want to be operating. We toured the small community of Shickshinny just 2 weeks ago, and as Senator Gordner mentioned, there are only 2 businesses currently operating, 26 are not operating. They are looking to us for our help and support so that they can get back on their feet and begin the process of rebuilding our community. So I compliment my colleagues for working in a bipartisan manner to address the needs of our citizens at a very crucial time. Thank you, Mr. President. And the question recurring, Alloway Erickson One Vance Argall Farnese Piccola Vogel Baker Ferlo Pileggi Ward Brewster Gordner Robbins White Donald Browne Greenleaf Scarnati White Mary Jo Corman Kasunic Smucker Wozniak Earl Mdllhinney Tartaglione Eichelberger Mensch Tomlinson SB 1266 (Pr. No. 1773) -- The Senate proceeded to consideration An Act implementing the provisions of clause (I) of subsection (a) of section 7 of Article VIII of the Constitution of the Commonwealth of Pennsylvania authorizing the incurring of debt for the rehabilitation of areas affected by Hurricane Irene and Tropical Storm Lee; imposing duties upon the Governor, the Auditor General and the State Treasurer; prescribing the procedures for the issuance, sale and payment of general obligations bonds, the funding of debt and refunding of bonds; exempting said bonds from State and local taxation; creating certain funds; providing for allocation of proceeds; and making appropriations.

7 2011 LEGISLATIVE JOURNAL - SENATE 1239 Delaware, Senator Pileggi. Senator PILEGGL Mr. President, on behalf of Senator One, I offer the following remarks for the record. The PRESIDENT. Without objection, the remarks will be spread upon the record. (The following prepared remarks were made part of the record at the request of the gentleman from Delaware, Senator PILEGGJ, on behalf ofthe gentlewoman from Allegheny, Senator ORJE:) Mr. President, while I acknowledge the difficulty many faced from the 2011 flooding, I cannot in good conscience vote to increase Pennsylvania's debt when we are in a precarious fiscal condition. At a time when we are looking at freezing $200 million in State spending for this fiscal year, Senate Bill No would authorize $150 million in new borrowing. Without the benefit of the Corbett Administration or the House weighing in support of this borrowing, I believe we are prematurely raising expectations. As such, I will respectfully cast a "no" vote. Thank you, Mr. President. And the question recurring, YEA-48 Alloway Eichelberger Mcllhinney Tartaglione Argall Erickson Mensch Tomlinson Baker Farnese Piccola Vance Blake Ferlo Pileggi Vogel Boscola Folmer Pippy Ward Brewster Fontana Rafferty Washington Browne Gordner Robbins Waugh Brubaker Greenleaf Scarnati White Donald Corman Hughes Schwank White Mary Jo Costa Kasunic Smucker Williams Dinniman Kitchen Solobay Wozniak Earl Leach Stack Yaw One SB 1267 (Pr. No. 1722) -- The Senate proceeded to consideration An Act authorizing abatement of real estate taxes because of destruction or damage of property by Hurricane Irene or Tropical Storm Lee, or the refund of the amount of such taxes by certain political subdivisions; and authorizing assessment of properties retroactive to August 1, 2011, and a limited moratorium on the increase of certain real estate taxes. The PRESIDENT The Chair recognizes the gentleman from Lackawanna, Senator Blake. Senator BLAKE. Mr. President, I need to echo the remarks of my colleagues, Senator Gordner and Senator Baker, on the yeoman's effort; a bipartisan effort. I owe particular gratitude to Senator Gordner for his leadership on this. I had a chance to stand in downtown Duryea in the wake of Tropical Storm Lee to witness the breach of the Lackawanna River into a small section of the 22nd Senatorial District. Most of my district was not as adversely affected as those areas of my colleagues, but hundreds of families were affected by these flooding events, Mr. President, and the estimated damage of these two storms, Hurricane Irene and Tropical Storm Lee, were estimated at over $85 million. I want to extend deep gratitude to Senator Gordner, Senator Yaw, Senator Baker, and my colleague, Senator Yudichak, for the bipartisan effort that led to these bills that will, indeed, as Senator Erickson said, bring relief and assistance to those people affected by the flooding. I also want to thank the Republican Leadership for expediting this legislation through the legislative process, and Senator Corman, who is the chairman of the Committee on Appropriations. The fact is, Senate Bill No. 1267, which I am sponsoring, is just one element of the larger package, but it does allow for local taxing authorities to forego, or at least offer relief to, flood-damaged properties for real estate tax abatement. It allows those taxing jurisdictions, be they boroughs, townships, counties, or school districts, to the extent that they want to do so, to relieve property taxes in circumstances where properties were significantly damaged in the areas that were flooded. So, there is an awful lot of thanks to go around, Mr. President, and I want to echo the remarks of my colleagues and extend my gratitude to them. There is one other item on which I would like to speak very briefly. This has to do with a collaborative effort that involved, again, a bipartisan effort with respect to Luzerne County in particular and Senator Baker's leadership, as well as Senator Yudichak, that enabled local share gaming funds to be essentially augmented to the bills that are being considered here today on the floor to provide small business loan assistance. Again, Luzerne County's delegation in the House and the Senate stepped up to help their small businesses. I want to say something about the small business issue, and Senator Baker already mentioned this. Sometimes we do not think about one business down the street, three or four employees, but the fact of the matter is, the aggregate economic impact of small businesses in the flood damaged areas was close to $30 million in terms of jobs and tax revenue, Mr. President, so the assistance of small business here is very, very critical to the economic health of the flood-damaged regions. Again, thanks to Senator Gordner, Senator Yaw, Senator Baker, Senator Yudichak, and the Republican Leadership for advancing this through the legislative process. Mr. President, we are helping our people in a big way. Thank you very much.

8 1240 LEGISLATIVE JOURNAL - SENATE NOVEMBER 16, And the question recurring, Alloway Argall Baker Blake Boscola Brewster Browne Brubaker Corman Costa Dinniman EadI Eichelberger Erickson Farnese Ferlo Folmer Fontana Gordner Greenleaf Hughes Kasunic Kitchen Leach Mdllhinney Mensch Alloway Erickson One Vance Argall Farnese Piccola Vogel Baker Ferlo Pileggi Ward Brewster Gordner Robbins White Donald Browne Greenleaf Scarnati White Mary Jo Corman Kasunic Smucker Wozniak Eanil Mcllhinney Taflaglione Eichelberger Mensch Tomlinson SB 1268 (Pr. No. 1794) -- The Senate proceeded to consideration An Act providing for the highway capital budget project iternization for flood-damaged highways to be financed from debt incurred under clause (I) or (4) of subsection (a) of section 7 of Article VIII of the Constitution of Pennsylvania. One Piccola Pileggi Pippy Rafferty Robbins Scarnau Schwank Smucker Solobay Stack Tartaglione Tomlinson Vance Vogel Ward Washington Waugh White Donald White Mary Jo Williams Wozniak Yaw SB 1269 (Pr. No. 1795) -- The Senate proceeded to consideration An Act providing for the adoption of capital projects related to the repair, rehabilitation or replacement of highway bridges and for disaster assistance projects to be financed from debt incurred under clause (1) or (4) of subsection (a) of section 7 of Article VIII of the Constitution of Pennsylvania. Alloway Erickson One Vance Argall Famese Piccola Vogel Baker Ferlo Pileggi Wand Brewster Gordner Robbins White Donald Browne Greenleaf Scamati White Mary Jo Corman Kasunic Smucker Wozniak Earll Mcllhinney Taitaglione Eichelberger Mensch Tomlinson SB 1271 (Pr. No. 1796) -- The Senate proceeded to consideration An Act itemizing public improvement projects for flood protection and flood damage repair to be constructed by the Department of General Services, together with their estimated financial costs; stating the estimated useful life of the projects; providing for the adoption of specific disaster mitigation or assistance projects to be financed from debt incurred under clause (1) or (4) of subsection (a) of section 7 of Article VIII of the Constitution of Pennsylvania; and making an appropriation. Allegheny, Senator Costa.

9 2011 LEGISLATIVE JOURNAL - SENATE 1241 Senator COSTA. Mr. President, on behalf of Senator Yudichak, the prime sponsor of this bill, as part of the great package we are moving forward, I offer remarks for the record. The PRESIDENT. The remarks will be spread upon the record. (The following prepared remarks were made part of the record at the request of the gentleman from Allegheny, Senator COSTA, on behalf of the gentleman from Luzerne, Senator YUDICHAK:) Mr. President, I offer remarks on behalf of the thousands of people in the northeast affected by the September floods due to Tropical Storm Lee, many who are still recovering from the terrible impact it had on their homes, their businesses, and their livelihoods. I am humbled by the cooperation and bipartisanship that resulted in this legislative package which will address the needs of Pennsylvanians in a number of Senate districts. Senate Bill No and the accompanying legislation came about as a result of our shared desire to make sure that rebuilding and rebounding from this natural disaster would be swift. By supplementing the Federal relief programs and maximizing the assistance available to flood victims, I am confident we are on course to meet our desired goal. With so many families in Pennsylvania facing an uncertain future, State programs must be targeted to lift families, businesses, and communities out of the flood waters that ripped away both their property and their sense of financial security. I commend Senator Blake, Senator Baker, Senator Gordner, and Senator Yaw for their work and dedication. Working with them to achieve our goal of supporting and fostering business development and job creation throughout the northeast will be a continued goal. Those who were affected by Tropical Storm Lee's floodwaters will also remain a focus and a priority. Their ability to pick up the pieces and move forward is something which we realize impacts us all. I am thankful that the Pennsylvania Senate also appreciates this reality, and, as witnessed by the swift movement which has brought us to this important vote today, the importance of these relief measures. And the question recurring, Alloway Erickson One Vance Argall Farnese Piccola Vogel Baker Ferlo Pileggi Ward Brewster Gordner Robbins White Donald Browne Greenleaf Scamati White Mary Jo Coiman Kasunic Smucker Wozniak Earl Mdllhinney Tartaglione Eichelberger Mensch Tomlinson SB 1297 (Pr. No. 1797) -- The Senate proceeded to consideration An Act providing for a Small Business Flood Relief Program; making an appropriation; and providing for termination of the program. Alloway Erickson One Vance Argall Farnese Piccola Vogel Baker Ferlo Pileggi Ward Brewster Gordner Robbins While Donald Browne Greenleaf Scarnati White Mary Jo Corman Kasunic Smucker Wozniak Eanil Mcllhinney Tartaglione Eicbelberger Mensch Tomlinson SB 1323 (Pr. No. 1783) -- The Senate proceeded to consideration An Act amending Titles 3 (Agriculture) and 64 (Public Authorities and Quasi-Public Corporations) of the Pennsylvania Consolidated Statutes, providing for the Agriculture Disaster Recovery Program; further providing for First Industries Program; and making an appropriation. Alloway Erickson Orie Vance Argall Farnese Piccola Vogel Baker Ferlo Pileggi Ward Brewster Gordner Robbins White Donald Browne Greenleaf Scarnati White Mary J0

10 1242 LEGISLATIVE JOURNAL - SENATE NOVEMBER 16, Corman Kasunic Smucker Wozniak Earil Mdllhinney Tartaglione Eichelberger Mensch Tomlinson LEGISLATIVE LEAVE Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a temporary Capitol leave for Senator Robbins. The PRESIDENT. Senator Pileggi requests a temporary Capitol leave for Senator Robbins. Without objection, the leave will be granted. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR RESUMED BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE HB 1644 (Pr. No. 2730) -- The Senate proceeded to consideration An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, in contracts, further providing for applicability, for the abolishment of the office of jury commissioner and for sales of personal property and surplus farm products. YEA-40 Alloway Earll One Tomlinson Argall Eichelberger Piccola Vance Baker Erickson Pileggi Vogel Blake Farnese Pippy Ward Boscola Ferlo Scamati Waugh Brewster Fohner Schwank White Donald Browne Fontana Smucker White Mary Jo Brubaker Gordner Solobay Williams Corman Kitchen Stack Wozniak Costa Mcllhinney Tartaglione Yaw NAY-9 Dinniman Kasunic Mensch Robbins Greenleaf Leach Rafferty Washington Hughes Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same with amendments in which concurrence of the House is requested. HB 1875 (Pr. No. 2437) -- The Senate proceeded to consideration An Act designating the bridge that carries State Route 462 over the Norfolk Southern rail line in the Borough of Mountville, Lancaster County, as the Mountville Veterans Memorial Bridge. Lancaster, Senator Brubaker. Senator BRUBAKER. Mr. President, the prime sponsor of House Bill No is Representative Ryan Aument in the House of Representatives. He is a military veteran, and he has a district within Lancaster County which includes Mountville Borough, so he and I share the responsibility to represent that great small town. It was his initiative to ensure that State Route 462, which goes over the Norfolk Southern Railroad, be named Mountville Veterans Memorial Bridge in honor of all the Mountville residents who have served our great country. So I am proud to stand and support Representative Ryan Aument in this very worthy endeavor. Thank you, Mr. President. And the question recurring, Alloway Erickson Ode Vance Argall Farnese Piccola Vogel Baker Ferlo Pileggi Ward Brewster Gordner Robbins White Donald Browne Greenleaf Scarnati White Mary Jo Corman Kasunic Smucker Wozniak Earl] Mcllhinney Tartaglione Eichelberger Mensch Tomlinson 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.

11 2011 LEGISLATIVE JOURNAL - SENATE 1243 SECOND CONSIDERATION CALENDAR BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL LAID ON THE TABLE HB 170 (Pr. No. 114) -- The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for driving on right side of roadway, for overtaking vehicle on the left, for no-passing zones, for required position and method of turning and for minimum speed regulation. vote, the bill was laid on the table. HB 170 TAKEN FROM THE TABLE Senator PILEGGI. Mr. President, I move that House Bill No. 170, Printer's No. 114, be taken from the table and placed on the Calendar. The motion was agreed to by voice vote. The PRESIDENT. The bill will be placed on the Calendar. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILLS REREFERRED HB 242 (Pr. No. 2749) -- The Senate proceeded to consideration An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, further providing for definitions, for authority to issue liquor licenses to hotels, restaurants and clubs, for sales by liquor licensees and restrictions, for prohibited interlocking business, for public venue license, for malt and brewed beverages retail licenses, for prohibitions against the grant of licenses, for sales by manufacturers of malt or brewed beverages and minimum quantities, for distributors' and importing distributors' restrictions on sales, storage, for retail dispensers restrictions on purchases and sales, for brand registration, for breweries, for licenses not assignable and transfers, for renewal of licenses and temporary provisions for licensees in armed service, for responsible alcohol management, for unlawful acts relative to liquor, alcohol and liquor licensees, for unlawful acts relative to malt or brewed beverages and licensees, for hours of operation relative to manufacturers, importing distributors and distributors, for unlawful acts relative to liquor, malt and brewed beverages and licensees, for reporting of worthless checks, for limited wineries and for distilleries. SB 338 (Pr. No, 1688) -- The Senate proceeded to consideration An Act providing for the National Human Trafficking Resource Center Hotline Notification Act; and imposing duties on the Department of Labor and Industry. SB 344 (Pr. No. 1786) -- The Senate proceeded to consideration An Act amending Title 74 (Transportation) of the Pennsylvania Consolidated Statutes, providing for public-private transportation partnerships; and making a related repeal. HB 344 (Pr. No. 2750) -- The Senate proceeded to consideration An Act providing for gas and hazardous liquids pipelines and for powers and duties of the Pennsylvania Public Utility Commission; and imposing civil penalties. HB 398 (Pr. No. 2633) -- The Senate proceeded to consideration An Act providing for registration of appraisal management companies, for powers of the State Board of Certified Real Estate Appraisers with respect to appraisal management companies, for the responsibilities and duties of appraisal management companies, for prohibited activities, for discipline and for penalties. BILLS OVER IN ORDER SB 413, SB 433, SB 477, SB 532, HB 584 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL REREFERRED SB 746 (Pr. No. 1720) -- The Senate proceeded to consideration An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in realty transfer tax, further providing for definitions, for excluded transactions, for documents relating to associations or corporations and members, partners, stockholders or shareholders thereof and for acquired company; and, in inheritance tax, further providing for transfers not subject to tax. vote, the bill was rerefened to the Committee on Appropriations. BILL ON SECOND CONSIDERATION SB 775 (Pr. No. 1602) -- The Senate proceeded to consideration An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in DNA data and testing, further providing for policy, for definitions, for State DNA Data Base, for procedural corn-

12 1244 LEGISLATIVE JOURNAL - SENATE NOVEMBER 16, patibility with FBI and for DNA sample required upon conviction, delinquency adjudication and certain ARD cases; providing for collection from persons accepted from other jurisdictions; further providing for procedures for withdrawal, collection and transmission of DNA samples, for procedures for conduct, disposition and use of DNA analysis; providing for request for modified DNA search; further providing for DNA data base exchange and for expungement; and providing for severability. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL ON SECOND CONSIDERATION HB 860 (Pr. No. 898) -- The Senate proceeded to consideration An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in protection of property and persons, further providing for hunting or furtaking prohibited while under influence of alcohol or controlled substance and for chemical test to determine amount of alcohol. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL LAID ON THE TABLE HB 869 (Pr. No. 907) -- The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for drivers in funeral processions. vote, the bill was laid on the table. BILLS OVER IN ORDER SB 878, SB 939, SB 1004, SB 1019, SB 1049, SB 1066 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL REREFERRED SB 1133 (Pr. No. 1788) -- 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, in State System of Higher Education, further providing for purposes and general powers. BILLS OVER IN ORDER SB 1141 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL ON SECOND CONSIDERATION SB 1174 (Pr. No. 1631) -- The Senate proceeded to consideration An Act amending the act of May 28, 1937 (P1.955, No.265), known as the Housing Authorities Law, further providing for appointment of members of authority, for qualifications, tenure and compensation of members of authority and for organization of authority. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILL LAID ON THE TABLE HB 1203 (Pt No. 1598) - The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further regulating antique, classic and collectible plates. vote, the bill was laid on the table. BILLS REREFERRED SB 1211 (Pr. No. 1790) -- 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, in State System of Higher Education, further providing for project contracts. SB 1221 (Pr. No. 1791) -- 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, in State System of Higher Education, providing for relations with private affiliated entities and for college year and classifications, leaves of absence and faculty salaries in cases of sickness or death; and making related repeals. SB 1239 (Pr. No. 1528) -- 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, in the State System of Higher Education, further providing for project contracts.

13 2011 LEGISLATIVE JOURNAL - SENATE 1245 BILLS OVER IN ORDER SB 1252 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL REREFERRED SB 1308 (Pr. No. 1732) -- The Senate proceeded to consideration An Act authorizing the State System of Higher Education and its employees to enter into certain economic development agreements; providing for approval and notice, for reports and for limitations; and making an inconsistent repeal. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILLS REREFERRED SB 1322 (Pit No. 1743) -- 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, in State System of Higher Education, further providing for purposes and general powers. SB 1334 (Pr. No. 1769) -- The Senate proceeded to consideration An Act amending the act of November (P.L.847, No.356), known as the Banking Code of 1965, further providing for additional powers of incorporated institutions related to conduct of business; and providing for ownership of property. SB 1335 (Pr. No. 1772) -- The Senate proceeded to consideration An Act amending the act of November 30, 1965 (FL.847, No.356), known as the Banking Code of 1965, further providing for names permitted to be used and for prohibition of adoption, use or advertisement of certain names, titles and descriptions. SB 1336 (Pr. No. 1766) -- The Senate proceeded to consideration An Act amending the act of December 18, 1996 (P.L.1066, No. 159), known as the Accident and Health Filing Reform Act, dividing the act into Federal compliance and Commonwealth exclusivity; in Federal compliance, further providing for definitions, for required filings, for review procedure, for notice of disapproval, for use of disapproved forms or rates, for review of form or rate disapproval, for disapproval after use, for filing of provider contracts, for record maintenance, for public comment and for penalties and providing for regulations and for expiration; in Commonwealth exclusivity, providing for regulations and for action by the Insurance Commissioner; and making editorial changes. BILLS OVER IN ORDER HB 1337, HB 1349, HB 1355, HB 1399 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILLS REREFERRED HB 1441 (Pr. No. 1731) -- The Senate proceeded to consideration An Act amending Title 45 (Legal Notices) of the Pennsylvania Consolidated Statutes, in codification and publication of documents, providing for electronic publication of municipal codes; and making an inconsistent repeal. HB 1458 (Pr. No. 1764) -- The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for nonreciprocity of operational limitations. BILLS OVER IN ORDER , HB 1582, HB 1630, HB 1792 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. UNFINISHED BUSINESS SENATE RESOLUTIONS ADOPTED Senator ALLOWAY, by unanimous consent, offered Senate Resolution No. 233, entitled: A Resolution encouraging participation in the "Hunters Sharing the Harvest" program in Pennsylvania. Will the Senate adopt the resolution? Franklin, Senator Alloway.

14 1246 LEGISLATIVE JOURNAL - SENATE NOVEMBER 16, Senator ALLOWAY. Mr. President, I offer this resolution to encourage participation in the "Hunters Sharing the Harvest" program here in the Commonwealth of Pennsylvania. Since 1991, Pennsylvania's Hunters Sharing the Harvest program has brought the hunting public together to serve their communities and has been providing venison to local food bank systems to benefit needy citizens throughout this Commonwealth. Further assistance is needed to provide funds to offset the processing costs for venison and further extend delivery systems to more quickly and effectively reach the neediest recipients. The General Assembly, the Pennsylvania Game Commission, the Department of Agriculture, and the Department of Conservation and Natural Resources have all supported these efforts and now join with more than 62 corporate and organizational program partners, including Safari Club International, Friends of the National Rifle Association, the PA Association of Regional Food Banks, and the PA Association of Meat Processors to encourage hunters to share their harvest through Pennsylvania's Hunters Sharing the Harvest program. Please join me today in encouraging the citizens of this Commonwealth, and especially those individuals and groups who are most concerned with supporting Hunters Sharing the Harvest in PA, and extend its appreciation to the program's public partners for joining in this challenge to distribute this valuable food resource to help fight hunger. 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 PIPPY, STACK, ROBBINS, FONTANA, KASUNIC, DINNIMAN, YAW, RAFFERTY, BAKER, GREENLEAF, ALLOWAY, VANCE, SOLOBAY, ORIE, SCARNATI, ERICKSON, HUGHES, D. WHITE, FERLO, TARTAGLIONE, EICHELBERGER, SCHWANK, VOGEL, WAUGH, COSTA, PILEGGI, ARGALL, GORDNER, McILHINNEY, WARD, BOSCOLA, TOMLINSON, FARNESE, BRUBAKER and PICCOLA, by unanimous consent, offered Senate Resolution No. 234, entitled: A Resolution commemorating December 7, 2011, as 'Pearl Harbor Remembrance Day." Which was read, considered, and adopted by voice vote. CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote: Congratulations of the Senate were extended to Senior Master Sergeant Peter L. Weaver II, Robert Stark, Tasha Stark, Joseph Kinsey and to Zachary Monnier by Senator Alloway. Congratulations of the Senate were extended to Agnes Mabel Kohr, Brendan Shearn and to Downtown Shenandoah, Inc., by Senator Argall. Congratulations of the Senate were extended to Joseph Philip Ingaglio by Senator Baker. Congratulations of the Senate were extended to Monsignor Stephen Hrynuck and to Leo Moskovitz by Senator Blake. Congratulations of the Senate were extended to Anthony Joseph Breen and to citizens of the Borough of Roseto by Senator Boscola. Congratulations of the Senate were extended to East Stroudsburg University Foundation by Senators Boscola and Browne. Congratulations of the Senate were extended to Dr. John K. Leiser by Senators Boscola and Yudichak. Congratulations of the Senate were extended to Elizabeth Township Historical Society by Senator Brewster. Congratulations of the Senate were extended to Matthew Anthony Kanaskie, Christopher Michael Major, Dillon John McHugh and to Troop 35 of the Boy Scouts of America of Danielsville by Senator Browne. Congratulations of the Senate were extended to Josh Early Candies of Allentown by Senators Browne and Boscola. Congratulations of the Senate were extended to Maribel La Luz and to Donna Peterson by Senators Browne and Farnese. Kenneth KuIp, Mr. and Mrs. Jere Groff, Mr. and Mrs. Robert Heffley, Mr. and Mrs. L. Lamar Eberly, Mr. and Mrs. Nevin Brubaker, Mr. and Mrs. Edward Brown, Fred H. Wissler, Warren Kline, Laura Roland, Charles W. Grim, Helen Peachey, Patrick L. French, Marlin Richard Hosler, John Oberholser and to Ernest 0. Horn III by Senator Brubaker. Congratulations of the Senate were extended to the Spicher family, Dr. Richard DiEugenio, Mark Andrew Younkins, Nathan Rhoads, Robert G. Shoff, Mountain View Elementary School of Muffin and to the Ellen Chapel Church of Lewistown by Senator Corman. Congratulations of the Senate were extended to the Hough family, Mr. and Mrs. Scott Gormley, Dr. Cyril H. Wecht, Honorable James J. Hanley, Jr., Karen Marrone, Mary Jane Marculaitis, William Emerick, Larry Belcastro, Marty Coyne, Douglas Shields, Patricia DiPaolo, Lana A. Evans, Cameron Balego, Connor Pegher, Patrick Quinn, Kelsey A. Sturm, Joseph Bottles, Mary Alice Nee, Missy Panchura and to Rich Jaworski by Senator Costa. Congratulations of the Senate were extended to Dr. and Mrs. Alfred D. Roberts, Paul J. Gleason, Sr., Sam Holt, member and coaches of the Conestoga High School Boys' Soccer Team, citizens of Uwchlan Township, Nurse-Family Partnership of Chester County and to Phoenixville Federal Bank and Trust by Senator Dinniman. Congratulations of the Senate were extended to Charles Huston and to Elaine LaRosa by Senators Dinniman and Rafferty. Congratulations of the Senate were extended to Brandon Mauk, Christopher Liebal, Ian Haffling and to Mark Barnhart by Senator Eichelberger. Congratulations of the Senate were extended to Thomas V. Mahoney by Senator Erickson. Congratulations of the Senate were extended to Allegheny Valley Chamber of Commerce by Senator Ferlo. Congratulations of the Senate were extended to William E. Strickland by Senator Fontana and others. Congratulations of the Senate were extended to Master Sergeant Philip J. Myers, William Soberick, Frank Stanley Ulrich, Robert Eugene Frankford, Alec Michael Harmon, Aaron Christopher Price, Ian M. Maize, Aaron David Solomon, James Jacob

15 2011 LEGISLATIVE JOURNAL - SENATE 1247 Morrison and to the Mount Cannel Area School District Football Program by Senator Gordner. Congratulations of the Senate were extended to Robert J. Pesavento, Connor Quinn, Wesley J. Shofstahl, Justin Matthew Veverka, David B. Ralston and to the Yuong Sang Presbyterian Church of Horsham by Senator Greenleaf. Congratulations of the Senate were extended to Mary Tutena and to Brent Andrew Plisko by Senator Kasunic. Congratulations of the Senate were extended to Jeremy M. Cooper, Annette C. Jenkins and to Charlotte E. Hector by Senator Kitchen. Congratulations of the Senate were extended to William Procyson, Mary Jo Daley, Nancy V. Lotz and to Troop 181 of the Boy Scouts of America by Senator Leach. Congratulations of the Senate were extended to Wayne G. Ewer, Blanche Louise Robertson, Kyle M. Breneman, Alexander Karl Wessner, 011ie Shortridge, Eric Wang, Connor Stoklosa, Gulia Strokin, Gavin Zikria and to the Pennsbury High School Girls' Cross Country Team by Senator Mcllhinney. Congratulations of the Senate were extended to Zachary Winchester, Thomas K. Marino, John Perry Melchior and to Adam Taylor Hersh by Senator Mensch. Thomas Spaar by Senators Mensch and Schwank. Donald Allman, Lieutenant Robert A. Kovalak, Alma Kolkman, Logan Steiner, Margo Malone, Paul L. McElhinny, Sr., Kimberly Geyer, Paul Michael Schreiber, Mars Area High School Girls' Soccer Team, members and coaches of the Seneca Valley High School Girls' Volleyball Team, Hampton High School Boys' Soccer Team, North Hills High School Girls' Cross Country Team, North Allegheny High School Boys' Cross Country Team and to the North Allegheny High School Slow Pitch Softball Team by Senator One. Congratulations of the Senate were extended to Butler Composite Squadron 712 of the Civil Air Patrol by Senator One and others. Congratulations of the Senate were extended to Technical Sergeant Johnny L. Johnson, Mitchell Gruver and to David A. Schankweiler by Senator Piccola. Congratulations of the Senate were extended to Brennan Andrew Wagner, Helen Rathgeb, Kevin Y. Lin, Toni McClay, Morton Lin, Alexander Matthew Ortoleva and to Bailey Eric Williamson by Senator Pileggi. Anthony J. Trello, Eric Michael Horn, David Anthony Trombetta, United States Coast Guard Auxiliary, Eighth District, Eastern Region Division VII, Upper Saint Clair High School Girls' Soccer Team, Upper Saint Clair High School Boys' Soccer Team, Upper Saint Clair High School Boys' Golf Team and to Moon Area High School Marching Band by Senator Pippy. Congratulations of the Senate were extended to Captain Conrad Troy Shearer, Ryan Vincent Reynolds, Donald E. Ellis, Sr., Robert Carl Schoenfeldt, Group Six of the Civil Air Patrol, Pennsylvania Wing, and to the First United Methodist Church of Sharpsville by Senator Robbins. John Harriger, Mr. and Mrs. Arthur Hasselman and to Denny Posteraro by Senator Scarnati. Irvin Cohen and to Nathaniel W. Tricarico by Senator Schwank. Alex Munro and to Mr. and Mrs. John Lees by Senator Smucker. Congratulations of the Senate were extended to Dr. and Mrs. Charles Tripoli, Mr. and Mrs. John Marano, Mr. and Mrs. Joseph F. Gowern, Mr. and Mrs. James Cole, Mr. and Mrs. Floyd C. Marasco, Mr. and Mrs. Edwin Andrew, Debbie DeMarco, Jim Wood, Emily Elizabeth Vasko, Frances Pratt, Fannie DeWitt, John D. White, Eddie Volker's Body Shop of New Eagle and to Lenzi's Service Station of Monongahela by Senator Solobay. Congratulations of the Senate were extended to Geraldine Faulks by Senator Stack. Congratulations of the Senate were extended to Dr. Song Li, Captain Francis J. Bachmayer, Ruth Dietz Eni and to the Delaware Valley Most Influential Latinos Foundation by Senator Tartaglione. Congratulations of the Senate were extended to Nicholas Diasio, Anna L. Kennedy, William Ward McMasters and to Arleen Thompson by Senator Tomlinson. Richard Shumaker, Mr. and Mrs. Samuel Mumma, Mr. and Mrs. Creedin Paulus, Lieutenant Colonel Richard E. Denison, Jr., Chief Bernard G Dugan and to Joshua S. Stewart by Senator Vance. Congratulations of the Senate were extended to Virginia Lash by Senator Vogel. Congratulations of the Senate were extended to Seth William Helman and to the Polish Brotherhood of the White Eagle of Jeannette by Senator Ward. Congratulations of the Senate were extended to Sergeant Shawn Wilson and to Isabella V. Fitzgerald by Senator Washington. Congratulations of the Senate were extended to Vera C. Reimold and to Brandon Z. Taylor by Senator Waugh. James A. Wyland and to Edna Francina Lantzy by Senator D. White. Congratulations of the Senate were extended to Cohn J. Bittner and to Thomas Adam Henry by Senator M.J. White. Congratulations of the Senate were extended to Alfred Desario and to John J. Dintino by Senator Williams. Richard Thompson and to Mr. and Mrs. Maurice Rose by Senator Wozniak. Thomas C. Gotshall, Sr., Mr. and Mrs. James C. Mechtly and to Mr. and Mrs. John Hammond by Senator Yaw. Congratulations of the Senate were extended to Ed Vnuk and to the students from the Keystone Job Corps Center in Drums by Senator Yudichak. CONDOLENCE RESOLUTIONS The PRESIDENT 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 Susan Marie Markle by Senator Gordner. Condolences of the Senate were extended to the family of the late Lucy M. Servance by Senator Kitchen.

16 1248 LEGISLATIVE JOURNAL - SENATE NOVEMBER 16, Condolences of the Senate were extended to the family of the late Thomas R. Polaneczky by Senator Mcllhinney. Condolences of the Senate were extended to the family of the late Reverend Walter D. Galbraith, to the family of the late Dorotha Opal Roush, to the family of the late Michael R. Gorny and to the family of the late Kenneth Michael Young by Senator One. Condolences of the Senate were extended to the family of the late Dr. Shahane Taylor Kirman and to the family of the late Robert Augustus Finley by Senator Piccola. Condolences of the Senate were extended to the family of the late Rosemary Fletcher and to the family of the late Pauline Barzanti Headlee by Senator Solobay. BILLS ON FIRST CONSIDERATION Senator RAFFERTY. Mr. President, I move that the Senate do now proceed to consideration of all bills reported from committees for the first time at today's Session. The motion was agreed to by voice vote. The bills were as follows: SB 371, SB 382, SB 1036, SB 1201, SB 1301 and And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITTEE MEETINGS THURSDAY, NOVEMBER 17, :15 A.M. COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT and LOCAL GOVERNMENT (joint hearing with the House Local Government and House Urban Affairs Committees to continue discussion on Act 47 and the impact on local government, businesses, communities and labor) FRIDAY. NOVEMBER :00 P.M. LEGISLATIVE REAPPORTIONMENT COMMISSION (public hearing to invite testimony regarding the 2011 Preliminary Reapportionment Plan which was filed with the Department of State on October 31, 2011) WEDNESDAY, NOVEMBER 23, :00 P.M. LEGISLATIVE REAPPORTIONMENT COMMISSION (public hearing to invite testimony regarding the 2011 Preliminary Reapportionment Plan which was filed with the Department of State on October 31, 2011) Room 140 House Maj. Caucus Rm. Hrg. Rm. 1 North Off. Hrg. Rm. 1 North Off. WEDNESDAY, NOVEMBER :00 A.M. BANKING AND INSURANCE (public William Pitt hearing to accept testimony regarding the Union ongoing contractual dispute between Ballroom. Highmark and UPMC, and Highmark's Uni. of Pitt. acquisition of West Penn Allegheny 4200 Fifth Hospital) Ave., Pittsburgh, PA MONDAY, DECEMBER 5, :30 P.M. APPROPRIATIONS (to consider Senate Room 461 Bills No. 707, 730, 894, 1237, 1335 and Main Capitol 1336; and House Bills No. 242, 344, 639, 715, 755 and 1458) Off the Floor COMMUNITY, ECONOMIC and Rules Cmte. RECREATIONAL DEVELOPMENT Conf. Rm. (to consider House Bill No. 169) Off the Floor RULES AND EXECUTIVE Rules. Cmte. NOMINATIONS (to consider certain Conf. Rm. executive nominations) WEDNESDAY. DECEMBER :00 A.M. VETERANS AFFAIRS AND Hrg. Rm. I EMERGENCY PREPAREDNESS North Off. (to hold a hearing on re-write of Title 35) 9:30 A.M. COMMUNICATIONS AND Room SE-A TECHNOLOGY (public hearing East Wing to review the OIT Strategic Plan) PETITIONS AND REMONSTRANCES The PRESIDENT. The Chair recognizes the gentlewoman from Westmoreland, Senator Ward. Senator WARD. Mr. President, today I stand here as a Senator and a mother, who, along with many other Pennsylvanians, has struggled listening to the accounts resulting from the grand jury report of what happened at Penn State. This is not an isolated case, and this issue is bigger than just Penn State. We cannot look at this as isolated or singular when talking about child welfare and potential abuse statewide. However, this incident has exposed a big inadequacy and weakness in our present law. That is why I am going to be introducing two bills and also seeking to create a commission that will comprehensively examine our Child Protective Services Law. The first piece of legislation will require that all employees of institutions of higher education become mandated reporters of suspected abuse. They will be required to report the abuse that they suspect to not only their immediate superior but also to the head of the institution and to our welfare ChildLine, which is the entity set up by the Department of Public Welfare which receives mandated reporter phone calls. This law absolutely needs to be strengthened. When a parent sends their child off to a university or college, for instance, for a camp, they should have a reasonable expectation that their child is safe. And we as representatives of those parents and children need to move forward and do what we can to bring them some peace that, indeed, their chil-

17 2011 LEGISLATIVE JOURNAL - SENATE 1249 dren will be safe and there will be someone there to protect them. They may count on an adult who may witness something. That is one of the goals. And if not, the second bill would increase the penalties for nonreporting, because presently, quite frankly, our bills are a little weak. I have also circulated a resolution to create a Child Protection and Accountability Commission. This commission has received overwhelming support from many here in the Senate on both sides of the aisle, and I would very much like to thank Senator Scarnati and Senator Pileggi for their leadership and support in moving this along. I am also happy to report that the Governor's Office and the House now would like to be part of this commission, so we will have a joint commission. It will be bipartisan, and hopefully, we will do the best we can to serve the people who sent us here. I would also like to thank, in conclusion, the Governor for his remarks this past weekend about the need for changes in our laws. Thank you very much. Allegheny, Senator Costa. Senator COSTA. Mr. President, I want to thank the gentlewoman for her remarks, particularly about the desire to move forward with a joint commission. I know she referenced Senator Pileggi, Senator Scarnati, and the administration, and we look forward to being a part of that conversation as we craft what will be an appropriate commission that is going to allow for us to examine this issue, not just as it relates to Penn State, but some of our deficiencies that we have in State laws regarding the reporting and the like. When we look at the work that was done in Luzerne County by the interbranch commission that was created there, and the success that we had along those lines, I think, is very instrumental in terms of why we need to move in that direction. So I look forward to working with my colleague, Senator Pileggi, and other folks to be able to advance that forward. I want to thank the gentlewoman for raising that issue today. Thank you. RECESS The PRESIDENT The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I move that the Senate do now recess until Monday, December 5, 2011, at 1 p.m., Eastern Standard Time, unless sooner recalled by the President pro ternpore. The motion was agreed to by voice vote. The Senate recessed at 1:40 p.m., Eastern Standard Time.