TUESDAY, OCTOBER 12, 2010

Transcription

1 COMMONWEALTH OF PENNSYLVANIA firjztafibr J nurna]1 TUESDAY, OCTOBER 12, 2010 SESSION OF TH OF THE GENERAL ASSEMBLY No. 53 SENATE TUESDAY, October 12, 2010 The Senate met at 1 p.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Joseph B. Scarnati III) in the Chair. PRAYER The Chaplain, Reverend BONNIE CAMARDA, director of Partnership for Salvation Army, Philadelphia, offered the following prayer: The Lord said that this is the day that the Lord has made, and we will rejoice and be glad in it. And today we are rejoicing with our souls. I am so proud to be here today as a guest of Senator Tartaglione. God is so good. He is still in the business of doing miracles, and we are seeing a miracle today. Let us pray. Father, we just want to thank You for who You are, for what You have done in our lives. We just thank You for each Senator here today. We thank You especially for Senator Tartaglione. Lord, I pray that You will continue blessing her, Lord, that she will continue to be a woman of courage, a woman of faith, a woman of hope, and a woman who can do all things because of You. Lord, I pray for each Senator in this building, that they know that with faith they can accomplish the miracles that are still happening. You are a God who heals us. You are a God who is our provider. You are our hope, and we thank You for that truth today. Lord, I pray that You will be with each one of the Senators present here right now, and that they will make decisions in this Chamber that are decisions that are from You. And Lord, we just rejoice for Senator Tartaglione, my friend, Tina. Bless her, Lord. Bless her family. Bless her staff. In Jesus name, amen. The PRESIDENT. The Chair thanks Reverend Camarda, who is the guest today of Senator Tartaglione. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) 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: PHILADELPHIA COUNTY September 30, 2010 advice and consent of the Senate, F. Michael Medway, Esquire, 235 S. 15th Street, #205, Philadelphia 19102, Philadelphia County, First Senatorial District, for appointment as Judge, Court of Common Pleas, Philadelphia County, to serve until the first Monday of January 2012, vice The Honorable Tama Myers Clark, resigned. MEMBER OF THE BOARD OF TRUSTEES OF THE PENNSYLVANIA STATE UNIVERSITY September 30, 2010 advice and consent of the Senate, Mark H. Dambly, 354 Darlington Road, Media 19063, Delaware County, Ninth Senatorial District, for appointment as a member of the Board of Trustees of the Pennsylvania State University, to serve until July 1, 2011, and until his successor is appointed and qualified, vice Roger J. Reschini, Indiana, resigned. MEMBER OF THE BOARD OF TRUSTEES OF THE PENNSYLVANIA STATE UNIVERSITY September 30, 2010 advice and consent of the Senate, Paul H. Silvis, 600 Siltop Lane, Port Matilda 16870, Centre County, Thirty-fourth Senatorial District, for appointment as a member of the Board of Trustees of the Pennsylvania State University, to serve until July 1, 2013, and until his successor is appointed and qualified, vice Eugene B. Chaiken, Bryn Mawr, whose term expired.

2 2468 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, MEMBER OF THE STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS September 30, 2010 advice and consent of the Senate, Renee J. Cardone, M.S.W., 209 Charles Avenue, Selinsgrove 17870, Snyder County, Twenty-seventh Senatorial District, for appointment as a member of the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, to serve for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Michael DeStefano, Ridgway, whose term expired. MEMBER OF THE STATE BOARD OF COSMETOLOGY advice and consent of the Senate, Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, for appointment as a member of the State Board of Cosmetology, to serve until June 2, 2012, and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Tiffany Howard, Pittsburgh, forfeiture of seat. MEMBER OF THE STATE BOARD OF EDUCATION advice and consent of the Senate, Kirk Hallett, 3009 Harvard Avenue, Camp Hill 17011, Cumberland County, Thirty-first Senatorial District, for appointment as a member of the State Board of Education, to serve until October 1, 2016, or until his successor is appointed and qualified, vice Esther L. Bush, Pittsburgh, whose term expired. MEMBER OF THE STATE BOARD OF EDUCATION advice and consent of the Senate, Ivory V. Nelson, Ph.D., 26 Maple Drive, Lincoln University 19352, Chester County, Ninth Senatorial District, for appointment as a member of the State Board of Education, to serve until October 1, 2016, or until his successor is appointed and qualified, vice Corrinne A. Caldwell, Newtown Square, whose term expired. MEMBER OF THE STATE BOARD OF EDUCATION advice and consent of the Senate, Jonathan Peri, 214 Sherwood Lane, Wallingford 19086, Delaware County, Ninth Senatorial District, for appointment as a member of the State Board of Education, to serve until October 1, 2016, or until his successor is appointed and qualified, vice Arnold Hillman, Harrisburg, whose term expired. BEDFORD COUNTY advice and consent of the Senate, Gregory E. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth Senatorial District, for appointment as Judge, Court of Common Pleas, Bedford County, to serve until the first Monday of January 2012, vice The Honorable Daniel Lee Howsare, resigned. BUCKS COUNTY advice and consent of the Senate, James M. McMaster, Esquire, 6001 Bensalem Boulevard, Bensalem 19020, Bucks County, Sixth Senatorial District, for appointment as Judge, Court of Common Pleas, Bucks County, to serve until the first Monday of January 2012, vice The Honorable David W. Heckler, resigned. CARBON COUNTY advice and consent of the Senate, Gregory L. Mousseau, Esquire, 724 North Street, Jim Thorpe 18229, Carbon County, Fourteenth Senatorial District, for appointment as Judge, Court of Common Pleas, Carbon County, to serve until the first Monday of January 2012, vice The Honorable David W. Addy, deceased.

3 2010 LEGISLATIVE JOURNAL - SENATE 2469 WASHINGTON COUNTY advice and consent of the Senate, Phillippe A. Melograne, Esquire, 201 Trinity Drive, McMurray 15317, Washington County, Thirty-seventh Senatorial District, for appointment as Judge, Court of Common Pleas, Washington County, to serve until the first Monday of January 2012, vice The Honorable Mark E. Mascara, deceased. MEMBER OF THE BOARD OF DIRECTORS OF THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY advice and consent of the Senate, Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, for appointment as a member of the Board of Directors of the Pennsylvania Higher Education Assistance Agency, to serve until June 30, 2011, and until her successor is appointed and qualified, vice Murray Ufberg, Kingston, resigned. MEMBER OF THE STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS advice and consent of the Senate, Douglas F. Smith, PE, 1814 Kent Road, Pittsburgh 15241, Allegheny County, Thirty-seventh Senatorial District, for appointment as a member of the State Registration Board for Professional Engineers, Land Surveyors and Geologists, to serve for a term of six years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Robert C. Grubic, Harrisburg, whose term expired. TREASURER, NORTHUMBERLAND COUNTY advice and consent of the Senate, Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, for appointment as Treasurer, in and for the County of Northumberland, to serve until the first Monday of January 2012, vice The Honorable Ronald L. Chamberlain, resigned. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS advice and consent of the Senate, Robert J. Gownley, 504 West Arch Street, Frackville 17931, Schuylkill County, Twenty-ninth Senatorial District, for appointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice James Kelly, Telford, whose term expired. advice and consent of the Senate, Richard W. Knecht, Esquire, 10 Amber Lane, Berwick 18603, Columbia County, Twenty-seventh Senatorial District, for appointment as Magisterial District Judge, in and for the County of Columbia, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable Richard P. Cashman, resigned. advice and consent of the Senate, William E. Benner, Jr., Esquire, 127 Chelsea Loop, Lancaster 17602, Lancaster County, Thirteenth Senatorial District, for appointment as Magisterial District Judge, in and for the County of Lancaster, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable Maynard A. Hamilton, Jr., resigned.

4 2470 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, advice and consent of the Senate, David M. Howells, Jr., 143 E. Mountain Road, Allentown 18103, Lehigh County, Sixteenth Senatorial District, for appointment as Magisterial District Judge, in and for the County of Lehigh, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable David G. Leh, Jr., deceased. COMMONWEALTH TRUSTEE OF THE UNIVERSITY OF PITTSBURGH OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION October 5, 2010 advice and consent of the Senate, Morgan K. O'Brien, 151 Fort Pitt Boulevard, Apartment 1901, Pittsburgh 15222, Allegheny County, Thirty-seventh Senatorial District, for reappointment as a Commonwealth Trustee of the University of Pittsburgh of the Commonwealth System of Higher Education, to serve until October 5, 2014, and until his successor is appointed and qualified. 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: PHILADELPHIA COUNTY September 30, 2010 In accordance with the power and authority vested in me as September 9, 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, Philadelphia County, to serve until the first Monday of January 2012, vice The Honorable Tama Myers Clark, resigned. MEMBER OF THE STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS In accordance with the power and authority vested in me as June 18, 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 Social Workers, Marriage and Family Therapists and Professional Counselors, to serve for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Michael DeStefano, Ridgway, whose term expired. EDWARD Q RENDELL BUCKS COUNTY In accordance with the power and authority vested in me as September 9, 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, Bucks County, to serve until the first Monday of January 2012, vice The Honorable David W. Heckler, resigned. CARBON COUNTY In accordance with the power and authority vested in me as September 9, 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, Carbon County, to serve until the first Monday of January 2012, vice The Honorable David W. Addy, deceased. WASHINGTON COUNTY September 30, 2010 In accordance with the power and authority vested in me as September 9, 2010, for the appointment of Gregory E. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth

5 2010 LEGISLATIVE JOURNAL - SENATE 2471 Senatorial District, as Judge, Court of Common Pleas, Washington County, to serve until the first Monday of January 2012, vice The Honorable Mark E. Mascara, deceased. MEMBER OF THE STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS In accordance with the power and authority vested in me as September 16, 2010, for the appointment of Robert C. Grubic, 4315 Stoneleigh Court, Harrisburg 17112, Dauphin County, Fifteenth Senatorial District, as a member of the State Registration Board for Professional Engineers, Land Surveyors and Geologists, to serve for a term of six years or until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS In accordance with the power and authority vested in me as September 9, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirtyfirst Senatorial District, as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice James Kelly, Telford, whose term expired. In accordance with the power and authority vested in me as August 20, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as Magisterial District Judge, in and for the County of Columbia, Magisterial District , to serve until the first Monday of January 2012, vice Richard P. Cashman, resigned. In accordance with the power and authority vested in me as June 18, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as Magisterial District Judge, in and for the County of Lancaster, Magisterial District , to serve until the first Monday of January 2012, vice Maynard A. Hamilton, Jr., resigned. ' In accordance with the power and authority vested in me as September 9, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirtyfirst Senatorial District, as Magisterial District Judge, in and for the County of Lehigh, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable David G. Leh, Jr., deceased. CARBON COUNTY October 6, 2010 In accordance with the power and authority vested in me as, for the appointment of Gregory L. Mousseau, Esquire, 724 North Street, Jim Thorpe 18229, Carbon County, Fourteenth Senatorial District, as Judge, Court of Common Pleas, Carbon County, to serve until the first Monday of January 2012, vice The Honorable David W. Addy, deceased.

6 2472 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, PHILADELPHIA COUNTY October 6, 2010 In accordance with the power and authority vested in me as September 30, 2010, for the appointment of F. Michael Medway, Esquire, 235 S. 15th Street, #205, Philadelphia 19102, Philadelphia County, First Senatorial District, as Judge, Court of Common Pleas, Philadelphia County, to serve until the first Monday of January 2012, vice The Honorable Tama Myers Clark, resigned. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS October 6, 2010 In accordance with the power and authority vested in me as, for the appointment of Robert J. Gownley, 504 West Arch Street, Frackville 17931, Schuylkill County, Twenty-ninth Senatorial District, as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice James Kelly, Telford, whose term expired. CORRECTIONS TO 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: COMMONWEALTH TRUSTEE OF THE UNIVERSITY OF PITTSBURGH OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION October 7, 2010 Please note the nomination dated October 5, 2010, for the reappointment of Morgan K. O'Brien, 151 Fort Pitt Boulevard, Apartment 1901, Pittsburgh 15222, Allegheny County, Thirty-seventh Senatorial District, as a Commonwealth Trustee of the University of Pittsburgh of the Commonwealth System of Higher Education, to serve until October 5, 2014, and until his successor is appointed and qualified, should be corrected to read: Morgan K. O'Brien, 151 Fort Pitt Boulevard, Apartment 1901, Pittsburgh 15222, Allegheny County, Fort y -second Senatorial District, as a Commonwealth Trustee of the University of Pittsburgh of the Commonwealth System of Higher Education, to serve until October 5, 2014, and until his successor is appointed and qualified. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS October 8, 2010 Please note the recall dated, 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 for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice James Kelly, Telford, whose term expired. nomination on the premises, should be corrected to read: B.J. Clark, 611 East Darb y Road, Havertown 19083, Delaware Count y, Seventeenth Senatorial District, as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice James Kelly, Telford, whose term expired. HOUSE MESSAGES HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE BILLS The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate to HB 47, HB 101, HB 400, HB 727, HB 1515, HB 1516, HB 1517, HB 1518, HB 1799, HB 2212, HB 2246 and HB HOUSE CONCURS IN SENATE AMENDMENTS BY AMENDING SAID AMENDMENTS TO HOUSE BILLS The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate by amending said amendments to HB 1800, HB 2172 and HB 2275 in which concurrence of the Senate is requested. The PRESIDENT. Pursuant to Senate Rule XIV, section 6, these bills will be referred to the Committee on Rules and Executive Nominations. HOUSE CONCURS IN SENATE BILLS The Clerk of the House of Representatives returned to the Senate SB 123, SB 384, SB 1181, SB 1280, SB 1328 and SB 1360, with the information the House has passed the same without amendments.

7 2010 LEGISLATIVE JOURNAL - SENATE 2473 SENATE BILLS RETURNED WITH AMENDMENTS The Clerk of the House of Representatives returned to the Senate SB 53, SB 168, SB 298, SB 900, SB 910, SB 912, SB 922, SB 1155, SB 1161, SB 1288 and SB 1429, with the information the House has passed the same with amendments in which the concurrence of the Senate is requested. The PRESIDENT. Pursuant to Senate Rule XIV, section 6, these bills will be referred to the Committee on Rules and Executive Nominations. HOUSE CONCURS IN SENATE CONCURRENT RESOLUTION The Clerk of the House of Representatives informed the Senate that the House has concurred in the resolution from the Senate, entitled: Senate Concurrent Resolution No 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: October 8, 2010 HB 40 and Committee on Judiciary. HB 2352, 2353, 2354, 2355 and Committee on Local Government. HB 2381, 2461 and Committee on Transportation. October 12, 2010 HB 65 and Committee on Law and Justice. HB 125, 127 and Committee on Consumer Protection and Professional Licensure. HB 176, 2464 and Committee on Judiciary. HB Committee on Banking and Insurance. HB Committee on Local Government. HB Committee on Communications and Technology. HB Committee on State Government. HB 2372 and Committee on Public Health and Welfare. HB Committee on Transportation. HB 2540 and Committee on Education. 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: October 8, 2010 Senators ARGALL, LEACH, PILEGGI, COSTA, SCARNATI, WAUGH, ALLOWAY, SMUCKER, PIPPY, ORIE, FOLMER, RAFFERTY, BAKER, ROBBINS, GORDNER, D. WHITE, BRUBAKER, WOZNIAK, TOMLINSON, ERICKSON, STACK, EARLL, BROWNE and WARD presented to the Chair SB 1477, entitled: An Act amending Title 45 (Legal Notices) of the Pennsylvania Consolidated Statutes, further providing for the definition of "publication," for general administration of part, for distribution of publication expenses and for official codification created. Which was committed to the Committee on STATE GOV- ERNMENT, October 8, Senators MUSTO, M. WHITE, TARTAGLIONE, O'PAKE, RAFFERTY, STOUT and COSTA presented to the Chair SB 1482, entitled: An Act requiring water and wastewater systems to develop and implement asset management plans and document progress toward fullcost pricing; authorizing the Environmental Quality Board to adopt regulations; providing for duties of the Department of Environmental Protection and the Pennsylvania Public Utility Commission; establishing contracting and bidding requirements for municipalities and municipal authorities; imposing penalties; and making related repeals. Which was committed to the Committee on ENVIRONMEN- TAL RESOURCES AND ENERGY, October 8, Senators BOSCOLA, O'PAKE, COSTA, FONTANA, STACK, VOGEL, EICHELBERGER and ORIE presented to the Chair SB 1483, entitled: An Act amending Title 4 (Amusements) of the Pennsylvania Consolidated Statutes, further providing for automated teller machines. Which was committed to the Committee on COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, October 8, Senators TOMLINSON, GORDNER, RAFFERTY, BAKER and KASUNIC presented to the Chair SB 1484, entitled: An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, further providing for definitions, for specific powers and duties of department and regulations, for general testing and inspections and for prohibited acts; abrogating regulations; and making an inconsistent repeal. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, October 8, Senators GREENLEAF, ERICKSON, O'PAKE and RAF- FERTY presented to the Chair SB 1486, entitled: An Act amending the act of December 19, 1984 (P.L.1140, No.223), known as the Oil and Gas Act, providing for gas mineral rights lease agreement disclosure and indemnification. Which was committed to the Committee on ENVIRONMEN- TAL RESOURCES AND ENERGY, October 8, Senators WILLIAMS, RAFFERTY and GREENLEAF presented to the Chair SB 1488, entitled: A Supplement to the act of June 12,1931 (P.L.575, No.200), entitled An act providing for joint action by Pennsylvania and New Jersey in the development of the ports on the lower Delaware River, and the improvement of the facilities for transportation across the river; authorizing the, for these purposes, to enter into an agreement with New Jersey; creating The Delaware River Joint Commission and speci-

8 2474 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, fying the powers and duties thereof, including the power to finance projects by the issuance of revenue bonds; transferring to the new commission all the powers of the Delaware River Bridge Joint Commission; and making an appropriation," further providing for the appointment of commissioners; providing for prohibited activity for commissioners, officers and directors; and further providing for the powers and duties of the commission and for definitions. Which was committed to the Committee on TRANSPORTA- TION, October 8, Senators WOZNIAK, MENSCH, FONTANA, TARTAGLIONE and COSTA presented to the Chair SB 1489, entitled: An Act amending the act of May 1, 1933 (P.L.216 No.76), known as The Dental Law, further providing for anesthesia and abrogating a regulation. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, October 8, Senator RAFFERTY presented to the Chair SB 1490, entitled: A Supplement to the act of June 12, 1931 (P.L.575, No.200), entitled "An act providing for joint action by Pennsylvania and New Jersey in the development of the ports on the lower Delaware River, and the improvement of the facilities for transportation across the river; authorizing the, for these purposes, to enter into an agreement with New Jersey; creating The Delaware River Joint Commission and specifying the powers and duties thereof, including the power to finance projects by the issuance of revenue bonds; transferring to the new commission all the powers of the Delaware River Bridge Joint Commission; and making an appropriation," further providing for composition of commission and for powers; and providing for veto power by the. Which was committed to the Committee on TRANSPORTA- TION, October 8, October 12, 2010 Senators COSTA, STOUT, ORIE, M. WHITE, TARTAGLIONE, O'PAKE, MUSTO, FONTANA, WASHING- TON, STACK, BAKER, LEACH and HUGHES presented to the Chair SB 1470, entitled: An Act amending the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act, adding a prohibition relating to adding rent rebates. Which was committed to the Committee on FINANCE, October 12, 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: October 12, 2010 Senators MENSCH, ORIE, O'PAKE, M. WHITE, EARLL, ERICKSON, VOGEL and D. WHITE presented to the Chair SR 415, entitled: A Resolution directing the Legislative Budget and Finance Committee to study the issue of the quantity of physicians in Pennsylvania. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, October 12, BILL REPORTED FROM COMMITTEE Senator YAW, from the Committee on Urban Affairs and Housing, reported the following bill: HB 712 (Pr. No. 4460) (Amended) An Act providing for the creation of land banks for the conversion of vacant or tax-delinquent properties into productive use. SPECIAL ORDER OF BUSINESS RECOGNITION OF SENATOR CHRISTINE M. TARTAGLIONE The PRESIDENT. Today, I am pleased to announce a very special occasion, an occasion that I think all Members and guests wish to join. We are welcoming one of our Members for whom, since her accident, this will be the first time that she has walked across the floor of the Senate. So let us all join in welcoming Senator Tartaglione. (Applause.) Senator TARTAGLIONE. Thank you, Mr. President. Today I am joined in the Chamber by a large group of people who have stood beside me on a long and challenging journey. These people have stood behind me through my worst days and my best, through disappointment and discovery, through setbacks and successes. Mr. President, as they have stood with me through these weeks, months, and years, it has been my goal to be able to stand with them. First and foremost, I would like to thank my family for always being there. I also want to thank my former colleagues and my present colleagues for sharing this time with me. It is a great personal milestone. Your words of encouragement have lifted me, and your support has made it possible for me to continue doing my job as I sought to take this step. Most sincere gratitude goes out to my friends at Magee Rehabilitation - Dr. Jeanne Doherty, Dr. Guy Fried, Jack Carroll, Venus Bradley, Elizabeth Watson, and Deb Davis - who put me back together and taught me how to use my body again. Thank you. I also want to talk about a good friend, Jerry Segal. He has been there from the beginning. He was the one who sent me to Magee. Jerry, I thank you. I thank my friends, Gene and Bill, for always being there and just always having my back. Last but not least, Moss Rehabilitation. And most importantly, you have often heard, blame it on a politician, blame it on a politician. Well, today, I am going to have to blame it on a politician. I am going to have to blame it on Congressman Brady. If it were not for his support and the arrangements to get me down to Moss Rehabilitation, I definitely, definitely would not be here. Congressman, thank you. (Applause.) They have pushed me when I needed to be pushed, and tested me when I needed to be tested. And to Gelina, my therapist, I am grateful for your kindness and skill, and I am very happy that you could be here today with me. Also standing beside me, as they have all through the years, is my Senate staff, whose patience and hard work have inspired me.

9 2010 LEGISLATIVE JOURNAL - SENATE 2475 The Easter before my father died, he was sitting in a chair in the kitchen, and I came in and said, "Everything okay, Pop?" He shook his head, and he said, "No." He said, "It will not be okay until you walk." So, Dad, this one's for you. (Whereupon, Senator Tartaglione walked to her desk, unassisted.) (Applause.) The PRESIDENT. The Chair and this body greatly thank the gentlewoman. Thank you. SPECIAL ORDER OF BUSINESS JOURNAL APPROVED The PRESIDENT. The Journal of the Session of September 22, 2010, is now in print. The Clerk proceeded to read the Journal of the Session of September 22, Senator PILEGGI. Mr. President, I move that further reading of the Journal be dispensed with and that the Journal be approved. Will the Senate agree to the motion? The yeas and nays were required by Senator PILEGGI and were as follows, viz: YEA-49 Alloway Ferlo O'Pake Vance Argall Folmer One Vogel Baker Fontana Piccola Ward Boscola Gordner Pileggi Washington Browne Greenleaf Pippy Waugh Brubaker Hughes Rafferty White, Donald Corman Kasunic Robbins White, Mary Jo Costa Kitchen Scarnati Williams Dinniman Leach Smucker Wozniak Earll Mcllhinney Stack Yaw Eichelberger Mellow Stout Erickson Mensch Tartaglione Farnese Musto Tomlinson NAY-0 A majority of the Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. The Journal is approved. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR JOHN. C. RAFFERTY PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Montgomery, Senator Rafferty. Senator RAFFERTY. Mr. President, it is my pleasure this afternoon to be able to introduce to the Senate of Pennsylvania some very dear friends of mine, Dave and Karen Shafer. They are accompanied by their daughters, Logan and Kiley, both students at the Spring-Ford Area School District, located in Montgomery and Chester Counties, Pennsylvania. David himself is a member of the Spring-Ford School Board. They have become friends of mine over the years. David is involved in Max'D Out gyms, and he and Karen are terrific people, great parents, as reflected in their daughters, Logan and Kiley, who are here today. They have a son, Gavin, who is in first grade, and he could not attend today because he is already working on perfect attendance in school. I ask my colleagues to give our traditional warm Senate of Pennsylvania welcome to Dave, Karen, Logan, and Kiley Shafer. Thank you, Mr. President. The PRESIDENT. Would the guests of Senator Rafferty please rise to be welcomed by the Senate. (Applause.) GUEST OF SENATOR LEANNA WASHINGTON PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentlewoman from Philadelphia, Senator Washington. Senator WASHINGTON. Mr. President, today I am honored to have Connie Suh, who is currently a sophomore at William Tennent High School in Bucks County. This past summer, she served as a volunteer in my office as well as working at her family's business in my district. She was born and raised in the suburbs of Philadelphia and lives with her mother, father, and two siblings. Connie is vice president of her high school class and 10th grade chair in her school's Key Club. She takes pleasure in reading, baking, and playing volleyball. Moreover, she enjoys helping others by giving back to the community. Please join me in giving her a warm welcome here to the Senate today. She is so excited. The PRESIDENT. Would the guest of Senator Washington please rise to be welcomed by the Senate. (Applause.) PERMISSION TO ADDRESS The PRESIDENT. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I would like for a moment to say a word or two about Senator Tartaglione and to reflect upon some of the things that we experienced here today. I think that when each and every one of us start to feel sorry for ourselves, and when we think perhaps things have not been going our way, we should reflect on what happened on this floor in the past 10 minutes and gain some strength and understanding that goes way beyond anything that we might experience in our own lives. To me, Mr. President, it seems like it was just yesterday when I received a phone call--i believe it was over the Labor Day holiday, if I am correct, Senator--with the news that Senator Tartaglione had been in a boat accident somewhere off the coast of Atlantic City, somewhere near the shoreline, and had suffered a very serious back injury. Once the news got out as to what had taken place, Mr. President, there were many of us who felt very, very sorry for Tina, for her family, for her mom and dad, for her sisters, and for her extended staff, but more importantly, for her, because of what she was experiencing, what she probably would go through. I can remember not too long ago that a very good friend of mine, an orthopedic surgeon, said to me that if you are in an automobile accident and you sever a certain bone in your spine, maybe you should pray that you will not survive, because although you may survive, you will never again live. Thank God

10 2476 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, this is not the case with Senator Tartaglione, since her injury was below that particular area. Mr. President, miracles can take place, and the miracle that we witnessed here today is something that has taken place. It is a gift that has been given to us by an Almighty, whatever God you may believe in. It is a gift that is given to us and given to her by a higher spirit, a higher lifting, to be able to experience that. I can recall--it seems just yesterday--visiting Tina, along with a number of our colleagues at the Magee Clinic. And Jerry, I do not know if you remember what you said to us that day, because you were walking that day in the clinic and you said to us, with the proper type of work and the proper type of dedication on behalf of Senator Tartaglione, that this is not the end. You will see her once again on her feet, and you will see her once again walking. And as I say that to you, I have chills right now running up and down my spine and throughout my entire body, just reflecting on what we saw that day, how we saw the determination you had and how that has manifested itself and reflected itself through Senator Tartaglione, whom we affectionately call Tina. To be able to experience--jerry, you being here today, along with Tina's family, especially her mom--and to be able to watch her walk through here and walk back up in the presence of Congressman Bob Brady, who is our dear friend, I do not think I can ever properly put into the type of terminology the feelings that I had, because not only is she a colleague, but more importantly, she is a very, very dear friend. And I, for one, like everyone else in this particular room, love her dearly, and it was so great to be able to see that, Tina. God bless you. And I am sure your dad watched over you and had a lot to do with what took place today. So when you said, Dad, this one is for you, God bless you. I am sure that better things are going to take place in the future. God bless you, just to see that, and thank you very much for being such an inspiration to each and every one of us. Thank you. (Applause.) GUESTS OF THE PRESIDENT PRESENTED TO THE SENATE The PRESIDENT. The Chair wishes to note that we have a group of distinguished former Senators with us here today: Senator Lemmond, Senator Wagner, Senator Jubelirer, Senator Conti, and Senator Armstrong. Will you please rise to be welcomed by the Senate. (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 Republican caucus to be held in the Majority Caucus Room. The PRESIDENT. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Mr. President, after the meeting of the Committee on Rules and Executive Nominations, I ask the Senate Democrats to report to our caucus room. The PRESIDENT. For purposes of a meeting of the Committee on Rules and Executive Nominations to be held in the Rules room, to be followed by Republican and Democratic caucuses, without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. CALENDAR THIRD CONSIDERATION CALENDAR BILL REREPORTED FROM COMMITTEE AS AMENDED, AMENDED HB 708 (Pr. No. 4408) -- 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. Will the Senate agree to the bill on third consideration? Senator O'PAKE, on behalf of Senator MELLOW, offered the following amendment No. A9625: Amend Bill, page 5, by inserting between lines 22 and 23: "Manufacturer." A computer manufacturer or a television manufacturer. Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator PILEQGI. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE HB 60 (Pr. No. 3975) -- The Senate proceeded to consideration An Act amending the act of December 3, 1959 (P.L.1688, No.621), known as the Housing Finance Agency Law, providing for the Pennsylvania Housing Affordability and Rehabilitation Enhancement Program; and establishing the Housing Affordability and Rehabilitation Enhancement Fund. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

11 2010 LEGISLATIVE JOURNAL - SENATE 2477 YEA-47 Alloway Ferlo O'Pake Tomlinson Argall Fontana One Vance Baker Gordner Piccola Vogel Boscola Greenleaf Pileggi Ward Browne Hughes Pippy Washington Brubaker Kasunic Rafferty Waugh Corman Kitchen Robbins White, Donald Costa Leach Scarnati White, Mary Jo Dinniman McIlhinney Smucker Williams Earll Mellow Stack Wozniak Erickson Mensch Stout Yaw Farnese Musto Tartaglione Eichelberger Folmer NAY-2 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 with amendments in which concurrence of the House is requested. BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 428 (Pr. No. 429) -- The Senate proceeded to consideration An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for registration of certain offenders, for registration procedures and applicability, for verification of residence and for information made available on the Internet. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-49 Alloway Ferlo O'Pake Vance Argall Folmer One Vogel Baker Fontana Piccola Ward Boscola Gordner Pileggi Washington Browne Greenleaf Pippy Waugh Brubaker Hughes Rafferty White, Donald Corman Kasunic Robbins White, Mary Jo Costa Kitchen Scarnati Williams Dinniman Leach Smucker Wozniak Earll Mcllhinney Stack Yaw Eichelberger Mellow Stout Erickson Mensch Tartaglione Farnese Musto Tomlinson NAY-0 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. BILL OVER IN ORDER TEMPORARILY HB Without objection, the bill was passed over in its order temporarily at the request of Senator PILEGGI. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE 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. Considered the third time and agreed to, Shall the bill pass finally? The PRESIDENT. The Chair recognizes the gentlewoman from Luzerne, Senator Baker. Senator BAKER. Mr. President, it is no secret that we are living in a time when the public is insisting on greater accountability. When things go terribly wrong, people want to see two responses: severe consequences for wrongdoers, and decisive action on our part to fix the problem. We may never know what compelled two Luzerne County judges to engage in long-running corrupt practices which severely disrupted the lives of thousands of juveniles, but we do know that the key to corruption was discouraging families from being represented by counsel. Whether the families were misled, cajoled, or intimidated into surrendering this fundamental constitutional protection, the absence of counsel cleared the way for appalling injustice. Kids who should never have been in court were railroaded into detention. Within weeks, of the corruption coming to light, I introduced this bill, requiring legal representation in juvenile proceedings. Juvenile justice is a serious business. There are real sanctions involved, so why would we regard legal representation for juveniles as less necessary than for adults? In the months since, we have heard concerns that such a requirement may differ from judicial rules or some county court practices. That is unavoidable. We cannot prevent corruption merely by saying it will not happen again. We cannot have a juvenile justice system where cost and convenience are given equal consideration with constitutional protection. No matter how elaborate the procedure for waiving counsel becomes, we cannot assure our citizens that judges of ill intent could not one day deny or override these new stipulations. The citizens of Luzerne County watched the interbranch commission conduct an extensive investigation and develop extensive recommendations. The members of the commission did exceptionally fine work, giving an outstanding demonstration of public service and displaying ultimate dedication. However, this

12 2478 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, one particular issue, mandatory counsel, is where my conclusion differs somewhat from the interbranch. The citizens are now expecting action - legislative, judicial, and administrative - to prevent a repeat of the rampant violations of juvenile rights. Whether pursuant to the recommendations or by legislative action, the rules need to be changed. Judicial rulemaking and rule revising are not the most open exercises. If we do not by law give direction and apply pressure, we have no way of knowing when, how, or even if the rules will ever change. In Luzerne County, constructive changes are underway. Waiver of counsel is no longer part of our process. Innovative dispute resolution procedures are being used in situations where counsel is determined to be less necessary. Even in the best system, better ways can be found. By all accounts, our juvenile justice system is nationally regarded, but the most important judgment is in the confidence our own citizens have in it. Based on the evidence, allowing for the waiver of counsel may be dollar wise, but it is fairness foolish. To restore public trust in juvenile justice, we must insure that constitutional protection and common sense are always present in the process. I urge a "yes" vote on Senate Bill No Thank you, Mr. President. And the question recurring, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-48 Alloway Ferlo Musto Tartaglione Argall Folmer O'Pake Tomlinson Baker Fontana One Vance Boscola Gordner Piccola Vogel Browne Greenleaf Pileggi Ward Brubaker Hughes Pippy Washington Corman Kasunic Rafferty Waugh Costa Kitchen Robbins White, Donald Dinniman Leach Scarnati White, Mary Jo Eichelberger Mcllhinney Smucker Williams Erickson Mellow Stack Wozniak Farnese Mensch Stout Yaw Earll NAY-1 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. HB 1609 (Pr. No. 2269) -- The Senate proceeded to consideration An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, further defining "traditional neighborhood development"; further providing for grant of power to municipalities, for standards and conditions for traditional neighborhood development designations and for manuals of written and graphic design guidelines; and providing for subdivision and land development ordinance provisions applicable to traditional neighborhood development. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-49 Alloway Ferlo O'Pake Vance Argall Folmer One Vogel Baker Fontana Piccola Ward Boscola Gordner Pileggi Washington Browne Greenleaf Pippy Waugh Brubaker Hughes Rafferty White, Donald Corman Kasunic Robbins White, Mary Jo Costa Kitchen Scarnati Williams Dinniman Leach Smucker Wozniak Earll McIlhinney Stack Yaw Eichelberger Mellow Stout Erickson Mensch Tartaglione Farnese Musto Tomlinson 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. BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL AMENDED HB 2066 (Pr. No. 4394) -- The Senate proceeded to consideration An Act establishing the Independent Fiscal Office; providing for its powers and duties, including a study and report on sales and use tax; and making a related repeal. Will the Senate agree to the bill on third consideration? Senator BROWNE offered the following amendment No. A9687: Amend Bill, page 8, line 14, by striking out "ESTABLISH THE MAXIMUM" and inserting: be considered by the and the General Assembly as the Amend Bill, page 8, lines 16 through 18, by striking out ". NO CHANGES IN A REVENUE ESTIMATE SUBMITTED BY " in line 16, all of line 17 and "THEREAFTER UNLESS" in line 18 and inserting: unless the General Assembly or the determines that revenues are greater than or less than the estimate provided under this section. The office may amend the revenue estimate under this section if Amend Bill, page 10, line 1, by striking out "THE OFFICIAL REVENUE ESTIMATE UNDER SUBSECTION (B)" and inserting: revenues Amend Bill, page 13, line 15, by inserting after "LAW": of this Commonwealth

13 2010 LEGISLATIVE JOURNAL - SENATE 2479 Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator PILEGGI. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE HB 2273 (Pr. No. 3704) -- The Senate proceeded to consideration An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in domestic animals, further providing for application. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-48 Alloway Ferlo Musto Tartaglione Argall Folmer O'Pake Tomlinson Baker Fontana One Vance Boscola Gordner Piccola Vogel Browne Greenleaf Pileggi Ward Brubaker Hughes Pippy Washington Corman Kasunic Rafferty Waugh Costa Kitchen Robbins White, Donald Dinniman Leach Scarnati White, Mary Jo Eichelberger Mellhinney Smucker Williams Erickson Mellow Stack Wozniak Farnese Mensch _ Stout Yaw YEA-49 Alloway Ferlo O'Pake Vance Argall Folmer One Vogel Baker Fontana Piccola Ward Boscola Gordner Pileggi Washington Browne Greenleaf Pippy Waugh Brubaker Hughes Rafferty White, Donald Corman Kasunic Robbins White, Mary Jo Costa Kitchen Scarnati Williams Dinniman Leach Smucker Wozniak Earll Mcllhinney Stack Yaw Eichelberger Mellow Stout Erickson Mensch Tartaglione Farnese Musto Tomlinson 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. BILL LAID ON THE TABLE HB 2368 (Pr. No. 4392) -- The Senate proceeded to consideration 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; providing for medical professional liability insurance; and making a related repeal. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was laid on the table. BILL OVER IN ORDER Earll NAY-1 HB Without objection, the bill was passed over in its order at the request of Senator PILEGGI. 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 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. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: BILL ON THIRD CONSIDERATION AND FINAL PASSAGE HB 2521 (Pr. No. 4290) -- The Senate proceeded to consideration An Act providing for anatomic pathology service disclosure. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-49 Alloway Ferlo O'Pake Vance Argall Folmer One Vogel Baker Fontana Piccola Ward

14 2480 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, Boscola Gordner Pileggi Washington Browne Greenleaf Pippy Waugh Brubaker Hughes Rafferty White, Donald Corman Kasunic Robbins White, Mary Jo Costa Kitchen Scarnati Williams Dinniman Leach Smucker Wozniak Earll McIlhinney Stack Yaw Eichelberger Mellow Stout Erickson Mensch Tartaglione Farnese Musto Tomlinson 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 with amendments in which concurrence of the House is requested. SECOND CONSIDERATION CALENDAR BILL ON SECOND CONSIDERATION REREPORTED FROM COMMITTEE AS AMENDED 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 174 (Pr. No. 4327) -- The Senate proceeded to consideration 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. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS LAID ON THE TABLE HB 281 (Pr. No. 4268) -- The Senate proceeded to consideration 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. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was laid on the table. HB 511 (Pr. No. 4005) -- The Senate proceeded to consideration An Act amending Titles 3 (Agriculture) and 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for the definitions of "agricultural biosecurity areas" and for "posted notice"; and further providing for keeping and handling of domestic animals, for criminal trespass and for ecoterrorism. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was laid on the table. BILL REREFERRED SB 683 (Pr. No. 765) -- The Senate proceeded to consideration An Act amending the act of June 29, 1953 (P.L.304, No.66), known as the Vital Statistics Law of 1953, further providing for disclosure of records. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILLS OVER IN ORDER SB 1307, HB 1322, SB 1331, SB 1371, SB 1380 and SB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL REREFERRED SB 1398 (Pr. No. 2052) -- The Senate proceeded to consideration An Act amending the act of July 9, 1971 (P.L.206, No.34), known as the Improvement of Deteriorating Real Property or Areas Tax Exemption Act, defining "depressed area"; and expanding applicability of the act to certain depressed areas. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Urban Affairs and Housing. BILLS OVER IN ORDER SB 1404, SB 1414, SB 1422, SB 1441, SB 1481, HB 1502, HB 1764, HB 2041, HB 2357 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL REREFERRED HB 2547 (Pr. No. 3826) -- The Senate proceeded to consideration An Act amending Title 7 (Banks and Banking) of the Pennsylvania Consolidated Statutes, further providing for definitions and for exceptions to license requirements. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator PILEGGI.

15 2010 LEGISLATIVE JOURNAL - SENATE 2481 SB 1184, SB 1409 AND HB 1196 TAKEN FROM THE TABLE Senator PILEGGI. Mr. President, I move that Senate Bill No. 1184, Printer's No. 1595; Senate Bill No. 1409, Printer's No. 2120, and House Bill No. 1196, Printer's No. 3518, be taken from the table and placed on the Calendar. The motion was agreed to by voice vote. The PRESIDENT. These bills were placed on the Calendar. 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 Finance, to be followed by a meeting of the Committee on Local Government, to be followed by a meeting of the Committee on Transportation, to be followed by a meeting of the Committee on Education, all to be held in the Rules room. The PRESIDENT. For purposes of a meeting of the Committee on Appropriations, to be followed by a meeting of the Committee on Finance, to be followed by a meeting of the Committee on Local Government, to be followed by a meeting of the Committee on Transportation, to be followed by a meeting of the Committee on Education, all to be held in the Rules room, without objection, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR RESUMED HB 664 CALLED UP HB 664 (Pr. No. 726) -- Without objection, the bill, which previously went over in its order temporarily, was called up, from page 2 of the Third Consideration Calendar, by Senator PILEGGI. BILL AMENDED 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." Will the Senate agree to the bill on third consideration? Senator BROWNE offered the following amendment No A9670: Amend Bill, page 1, line 7, by inserting after "penalties,": providing for sole proprietors; Amend Bill, page 1, line 7, by striking out "employe.'' and inserting: "employe"; and making a repeal. Amend Bill, page 1, lines 10 through 13, by striking out all of said lines and inserting: Section 1. The act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, reenacted and amended June 21, 1939 (P.L.520, No.281), is amended by adding a section to read: Section 2. Section 601(a) of the act is amended by adding a clause to read: Amend Bill, page 2, by inserting between lines 15 and 16: Section 3. Section 1526 of the act, added June 24, 1996 (P.L.350, No.57) is repealed: [Section (a) The fund is authorized to provide to sole proprietors or partners engaged in logging or logging-related businesses coverage equivalent to that which the fund provides to employers which insure their liability under Article III. This coverage shall be provided in accordance with this article. In all cases where an injury which is compensable under the terms of this coverage is received by a sole proprietor or a partner engaged solely in logging or logging-related businesses, there is a rebuttable presumption that his wages shall be equal to fifty per centum of the Statewide average weekly wage for the purpose of computing his compensation under sections 306 and 307. (b) For purposes of this section, "logging" or "logging-related business" means the cutting of trees, any skidding activity and the transportation of logs or raw lumber, including the construction, operation, maintenance and extension of logging roads or trails.] Amend Bill, page 2, line 16, by striking out "2' and inserting: 4 Amend Bill, page 2, line 16, by striking out "in 60 days." and inserting: as follows: (1)The amendment of section 601 of the act shall take effect in 60 days. (2)This section and the remainder of this act shall take effect immediately. Will the Senate agree to the amendment? The PRESIDENT. The Chair recognizes the gentleman from Allegheny, Senator Costa. Senator COSTA. Mr. President, I rise to ask for a negative vote on the amendment. This afternoon, we learned that there are a number of concerns about this amendment and the subsequent amendment of which our Members became aware, and I ask for a negative vote. Thank you. And the question recurring, Will the Senate agree to the amendment? The yeas and nays were required by Senator BROWNE, and were as follows, viz: YEA-30 Alloway Erickson Pileggi Vogel Argall Folmer Pippy Ward Baker Gordner Rafferty Waugh Browne Greenleaf Robbins White, Donald Brubaker McIlhinney Scarnati White, Mary Jo Corman Mensch Smucker Yaw Earll One Tomlinson Eichelberger Piccola Vance

16 2482 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, NAY- 19 Boscola Fontana Mellow Tartaglione Costa Hughes Musto Washington Dinniman Kasunic O'Pake Williams Farnese Kitchen Stack Wozniak Ferlo Leach Stout A majority of the Senators having voted "aye," the question was determined in the affirmative. Without objection, the bill, as amended, was passed over in its order at the request of Senator PILEGGI. UNFINISHED BUSINESS BILLS REPORTED FROM COMMITTEES Senator RAFFERTY, from the Committee on Transportation, reported the following bills: SB 1490 (Pr. No. 2263) A Supplement to the act of June 12, 1931 (P.L.575, No.200), entitled "An act providing for joint action by Pennsylvania and New Jersey in the development of the ports on the lower Delaware River, and the improvement of the facilities for transportation across the river; authorizing the, for these purposes, to enter into an agreement with New Jersey; creating The Delaware River Joint Commission and specifying the powers and duties thereof, including the power to finance projects by the issuance of revenue bonds; transferring to the new commission all the powers of the Delaware River Bridge Joint Commission; and making an appropriation," further providing for composition of commission and for powers; and providing for veto power by the. HB 2614 (Pr. No. 4228) An Act designating the State Street (SR4028) Bridge over the Schuylkill River in Hamburg Borough and Tilden Township, Berks County, as the Senator Jim Rhoades Memorial Bridge. Senator EICHELBERGER, from the Committee on Local Government, reported the following bill: HB 2477 (Pr. No. 4471) (Amended) An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, further providing for applicability, for enumeration of elected officers and for official records of coroner; adding provisions for required fiscal security through bonding, blanket bonding and insuring of elected and appointed county officers and employees; providing for determining the form, amount and payment of premiums for and the filing and recording of the required security, for the subsequent issuance of official commissions; further providing for the governing board of the convention center authority; and making related repeals. Senator CORMAN, from the Committee on Appropriations, reported the following bills: HB 1394 (Pr. No. 4467) (Amended) (Rereported) An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974, further providing for definitions, for split-off, separation or transfer of land and for penalty for ineligible use; and providing for removal of land from preferential assessment. HB 1482 (Pr. No. 4370) (Rereported) An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, providing for photo identification tag regulations. HB 1498 (Pr. No. 3961) (Rereported) An Act amending the act of December 18, 1987 (P.L.412, No.86), known as the Pennsylvania Fair Dealership Law, further providing for definitions, for termination of dealer agreement, for death or incapacitation of dealer and for repurchase of unused specialized repair tools; repealing provisions relating to coercion; and providing for violations of act, for warranty, for remedies and enforcement and for waiver. HB 1639 (Pr. No. 4468) (Amended) (Rereported) An Act amending Titles 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for contempt for noncompliance with visitation or partial custody order and for child custody; and making conforming amendments. HB 2258 (Pr. No. 3849) (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. HB 2321 (Pr. No. 4469) (Amended) (Rereported) An Act amending Titles 4 (Amusements), 18 (Crimes and Offenses) and 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, consolidating the Public Safety Emergency Telephone Act; further providing for definitions, for the Wireless E-911 Emergency Services Fund and for funding for support; providing for a legislative study and for termination; consolidating statutory provisions relating to firefighters, the State Fire Commissioner and grants to fire companies and other services; making editorial changes'; and making related repeals. Senator PIPPY, from the Committee on Law and Justice, reported the following bills: SB 1129 (Pr. No. 2271) (Amended) An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offense of carrying a false identification card. SB 1456 (Pr. No. 2166) An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, further providing for Pennsylvania State Police. HB 726 (Pr. No. 3797) An Act amending the act of November 24, 2004 (P.L.1270, No.153), referred to as the Pennsylvania Amber Alert System Law, further providing for Pennsylvania Amber Alert System established, for prohibited use, for coordination with other jurisdictions and for immunity; and creating the Missing Endangered Person Advisory System.

17 2010 LEGISLATIVE JOURNAL - SENATE 2483 Senator BROWNE, from the Committee on Finance, reported the following bill: HB 2497 (Pr. No. 4470) (Amended) (Rereported) An Act amending Titles 24 (Education) and 71 (State Government) of the Pennsylvania Consolidated Statutes, in Title 24, further providing for definitions, for mandatory and optional membership, for contributions by the Commonwealth, for payments by employers, for actuarial cost method, for additional supplemental annuities, for further additional supplemental annuities, for supplemental annuities commencing 1994, for supplemental annuities commencing 1998, for supplemental annuities commencing 2002, for supplemental annuities commencing 2003, for administrative duties of board, for payments to school entities by Commonwealth, for eligibility points for retention and reinstatement of service credits and for creditable nonschool service; providing for election to become a Class T-F member; further providing for classes of service, for eligibility for annuities, for eligibility for vesting, for regular member contributions, for member contributions for creditable school service, for contributions for purchase of credit for creditable nonschool service, for maximum single life annuity, for disability annuities, for member's options, for duties of board regarding applications and elections of members and for rights and duties of school employees and members; providing for Independent Fiscal Office study; in Title 71, further providing for definitions, for credited State service, for retention and reinstatement of service credits, for creditable nonstate service and for classes of service; providing for election to become a Class A-4 member; further providing for eligibility for annuities and for eligibility for vesting; providing for shared risk member contributions for Class A-3 and Class A-4 service; further providing for waiver of regular member contributions and Social Security integration member contributions, for member contributions for purchase of credit for previous State service or to become a full coverage member, for contributions for the purchase of credit for creditable nonstate service, for contributions by the Commonwealth and other employers, for actuarial cost method, for maximum single life annuity, for disability annuities and for member's options; providing for payment of accumulated deductions resulting from Class A-3 service; further providing for additional supplemental annuities, for further additional supplemental annuities, for supplemental annuities commencing 1994, for supplemental annuities commencing 1998, for supplemental annuities commencing 2002, for supplemental annuities commencing 2003, for special supplemental postretirement adjustment of 2002, for administrative duties of the board, for duties of board to advise and report to heads of departments and members, for duties of board regarding applications and elections of members, for installment payments of accumulated deductions, for rights and duties of State employees and members, for members savings account, for State accumulation account, for State Police Benefit Account, for Enforcement Officers' Benefit Account, for supplemental annuity account and for construction of part; and providing for Independent Fiscal Office study, for retirement eligibility of Pennsylvania State Police officers or members, for a prohibition on the issuance of pension obligation bonds, for holding certain public officials harmless, for construction of calculation or actuarial method, for applicability and for certain operational provisions. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No. 1 BILLS REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER HB 1394 and HB Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILL REREPORTED FROM COMMITTEE AS AMENDED ON SECOND CONSIDERATION HB 2321 (Pr. No. 4469) -- The Senate proceeded to consideration An Act amending Titles 4 (Amusements), 18 (Crimes and Offenses) and 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, consolidating the Public Safety Emergency Telephone Act; further providing for definitions, for the Wireless E-911 Emergency Services Fund and for funding for support; providing for a legislative study and for termination; consolidating statutory provisions relating to firefighters, the State Fire Commissioner and grants to fire companies and other services; making editorial changes; and making related repeals. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILL ON SECOND CONSIDERATION REREPORTED FROM COMMITTEE AS AMENDED REREFERRED HB 2497 (Pr. No. 4470) -- The Senate proceeded to consideration An Act amending Titles 24 (Education) and 71 (State Government) of the Pennsylvania Consolidated Statutes, in Title 24, further providing for definitions, for mandatory and optional membership, for contributions by the Commonwealth, for payments by employers, for actuarial cost method, for additional supplemental annuities, for further additional supplemental annuities, for supplemental annuities commencing 1994, for supplemental annuities commencing 1998, for supplemental annuities commencing 2002, for supplemental annuities commencing 2003, for administrative duties of board, for payments to school entities by Commonwealth, for eligibility points for retention and reinstatement of service credits and for creditable nonschool service; providing for election to become a Class T-F member; further providing for classes of service, for eligibility for annuities, for eligibility for vesting, for regular member contributions, for member contributions for creditable school service, for contributions for purchase of credit for creditable nonschool service, for maximum single life annuity, for disability annuities, for member's options, for duties of board regarding applications and elections of members and for rights and duties of school employees and members; providing for Independent Fiscal Office study; in Title 71, further providing for definitions, for credited State service, for retention and reinstatement of service credits, for creditable nonstate service and for classes of service; providing for election to become a Class A-4 member; further providing for eligibility for annuities and for eligibility for vesting; providing for shared risk member contributions for Class A-3 and Class A-4 service; further providing for waiver of regular member contributions and Social Security integration member contributions, for member contributions for purchase of credit for previous State service or to become a full coverage member, for contributions for the purchase of credit for creditable nonstate service, for contributions by the Commonwealth and other employers, for actuarial cost method, for maximum single life annuity, for disability annuities and for member's options; providing for payment of accumulated deductions resulting from Class A-3 service; further providing for additional supplemental annuities, for further additional supplemental annuities, for supplemental annuities commencing 1994, for supplemental annuities commencing 1998, for supplemental annuities commencing 2002, for supplemental annuities commencing 2003, for special supplemental postretirement adjustment of 2002, for administrative duties of the board, for duties of board to advise and report to heads of departments and members, for duties of board regarding applications and elections of members, for installment payments of accumulated deductions, for rights and duties of State employees and members, for members' savings account, for State accumulation account, for State Police Benefit Account, for Enforcement Officers' Benefit Account, for supplemental annuity account and for construction of part; and providing for Independent Fiscal Office study, for retirement eligibility of Pennsylvania State Police officers or members, for a prohibition on the issuance of pension obligation bonds, for holding certain public officials harmless, for construction of calculation or actuarial method, for applicability and for certain operational provisions.

18 2484 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No. 2 BILLS ON SECOND CONSIDERATION AND REREFERRED HB 1196 (Pr. No. 3518) -- The Senate proceeded to consideration An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, further providing for definitions, for administration and enforcement and for exemptions; and providing for applicability. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. SB 1409 (Pr. No. 2120) -- The Senate proceeded to consideration An Act amending the act of December 18, 2001 (P.L.949, No.114), known as the Workforce Development Act, providing for industry partnerships. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. 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: CLERK OF COURTS, DAUPHIN COUNTY September 29, 2010 In accordance with the power and authority vested in me as July 9, 2010, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as Clerk of Courts, in and for the County of Dauphin, to serve until the first Monday of January 2012, vice Lowell Witmer, resigned. CLERKS [sic] OF COURTS, LUZERNE COUNTY September 28, 2010 In accordance with the power and authority vested in me as September 1, 2010, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as Clerk of Courts, in and for the County of Luzerne, to serve until the first Monday of January 2012, vice The Honorable Robert Reilly, resigned. MEMBER OF THE BOARD OF GOVERNORS OF THE STATE SYSTEM OF HIGHER EDUCATION September 28, 2010 In accordance with the power and authority vested in me as September 8, 2010, for the appointment of Kathleen M. Shaw, Ph.D., 224 Dean Street, West Chester 19382, Chester County, Nineteenth Senatorial District, as a member of the Board of s of the State System of Higher Education, to serve until December 31, 2012, and until her successor is appointed and qualified, vice A. Richard Kneedler, Lancaster, resigned. BUCKS COUNTY In accordance with the power and authority vested in me as September 9, 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, Bucks County, to serve until the first Monday of January 2012, vice The Honorable David W. Heckler, resigned.

19 2010 LEGISLATIVE JOURNAL - SENATE 2485 CARBON COUNTY In accordance with the power and authority vested in me as September 9, 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, Carbon County, to serve until the first Monday of January 2012, vice The Honorable David W. Addy, deceased. PHILADELPHIA COUNTY September 30, 2010 In accordance with the power and authority vested in me as September 9, 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, Philadelphia County, to serve until the first Monday of January 2012, vice The Honorable Tama Myers Clark, resigned. WASHINGTON COUNTY In accordance with the power and authority vested in me as September 9, 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, Washington County, to serve until the first Monday of January 2012, vice The Honorable Mark E. Mascara, deceased. CARBON COUNTY In accordance with the power and authority vested in me as, for the appointment of Gregory L. Mousseau, Esquire, 724 North Street, Jim Thorpe 18229, Carbon County, Fourteenth Senatorial District, as Judge, Court of Common Pleas, Carbon County, to serve until the first Monday of January 2012, vice The Honorable David W. Addy, deceased. LUZERNE COUNTY September 28, 2010 In accordance with the power and authority vested in me as September 24, 2010, for the appointment of William H. Conyngham, Esquire, 83 Deer Park Lane, Dallas 18612, Luzern County, Twentieth Senatorial District, as Judge, Court of Common Pleas, Luzeme County, to serve until the first Monday of January 2012, vice The Honorable Hugh F. Mundy, resigned. PHILADELPHIA COUNTY October 6, 2010 In accordance with the power and authority vested in me as September 30, 2010, for the appointment of F. Michael Medway, Esquire, 235 S. 15th Street, #205, Philadelphia 19102, Philadelphia County, First Senatorial District, as Judge, Court of Common Pleas, Philadelphia County, to serve until the first Monday of January 2012, vice The Honorable Tama Myers Clark, resigned. MEMBER OF THE STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS October 6, 2010 In accordance with the power and authority vested in me as September 16, 2010, for the reappointment of Robert C. Grubic, 4315 Stoneleigh Court, Harrisburg 17112, Dauphin County, Fifteenth Senatorial District, as a member of the State Registration Board for Profes-

20 2486 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, sional Engineers, Land Surveyors and Geologists, to serve for a term of six years or until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS September 30, 2010 In accordance with the power and authority vested in me as June 18, 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 Social Workers, Marriage and Family Therapists and Professional Counselors, to serve for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Michael DeStefano, Ridgway, whose term expired. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS In accordance with the power and authority vested in me as September 9, 2010, for the appointment of B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice James Kelly, Telford, whose term expired. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS October 6, 2010 In accordance with the power and authority vested in me as, for the appointment of Robert J. Gownley, 504 West Arch Street, Frackville 17931, Schuylkill County, Twenty-ninth Senatonal District, as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice James Kelly, Telford, whose term expired. In accordance with the power and authority vested in me as August 20, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as Magisterial District Judge, in and for the County of Columbia, Magisterial District , to serve until the first Monday of January 2012, vice Richard P. Cashman, resigned. In accordance with the power and authority vested in me as June 18, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as Magisterial District Judge, in and for the County of Lancaster, Magisterial District , to serve until the first Monday of January 2012, vice Maynard A. Hamilton, Jr., resigned. In accordance with the power and authority vested in me as September 9, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirtyfirst Senatorial District, as Magisterial District Judge, in and for the County of Lehigh, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable David G. Leh, Jr., deceased.

21 2010 LEGISLATIVE JOURNAL - SENATE 2487 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: MEMBER OF THE STATE BOARD OF ACCOUNTANCY July 1, 2010 advice and consent of the Senate, Virginia Birmingham (Public Member), 25 Limestone Court, Lititz 17543, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the State Board of Accountancy, to serve until March 16, 2014, and until her successor is appointed and qualified, but not longer than six months beyond that period, vice John R. Watson, Wexford, resigned. MEMBER OF THE PENNSYLVANIA COUNCIL ON AGING August 20, 2010 advice and consent of the Senate, Rommel L. Rivera, M.D., 2084 North Ridley Creek Road, Media 19063, Delaware County, Twenty-sixth Senatorial District, for appointment as a member of the Pennsylvania Council on Aging, to serve until October 8, 2011, and until his successor is appointed and qualified, vice Sister Theresa Novak, Pittsburgh, deceased. MEMBER OF THE PENNSYLVANIA COUNCIL ON AGING June 29, 2010 advice and consent of the Senate, Robert Wargo, 6275 Brookside Road, Petersburg 16669, Huntingdon County, Thirtieth Senatorial District, for appointment as a member of the Pennsylvania Council on Aging, to serve until October 8, 2011, and until his successor is appointed and qualified, vice Pioquinto "Skip" Voluntad, Philadelphia, resigned. CLERK OF COURTS, DAUPHIN COUNTY September 29, 2010 advice and consent of the Senate, Dale Elise Klein, 7736 Althea Avenue, Harrisburg 17112, Dauphin County, Fifteenth Senatorial District, for appointment as Clerk of Courts, in and for the County of Dauphin, to serve until the first Monday of January 2012, vice Lowell Witmer, resigned. CLERKS [sic] OF COURTS, LUZERNE COUNTY September 28, 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 Clerk of Courts, in and for the County of Luzerne, to serve until the first Monday of January 2012, vice The Honorable Robert Reilly, resigned. MEMBER OF THE BOARD OF GOVERNORS OF THE STATE SYSTEM OF HIGHER EDUCATION September 28, 2010 advice and consent of the Senate, Guido M. Pichini, 24 Upland Road, Wyomissing Hills 19609, Berks County, Forty-eighth Senatorial District, for appointment as a member of the Board of s of the State System of Higher Education, to serve until December 31, 2012, and until his successor is appointed and qualified, vice A. Richard Kneedler, Lancaster, resigned. MEMBER OF THE PENNSYLVANIA INDUSTRIAL DEVELOPMENT AUTHORITY August 20, 2010

22 2488 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, advice and consent of the Senate, James J. Black III, Esquire, 985 Maldon Court, Blue Bell 19422, Montgomery County, Forty-fourth Senatorial District, for reappointment as a member of the Pennsylvania Industrial Development Authority, to serve until July 24, 2017, and until his successor is appointed and qualified. MEMBER OF THE PENNSYLVANIA LIQUOR CONTROL BOARD May 19, 2010 advice and consent of the Senate, Robert S. Marcus, Esquire, 630 School Street, Indiana 15701, Indiana County, Forty-first Senatorial District, for reappointment as a member of the Pennsylvania Liquor Control Board, to serve until the third Tuesday of May 2014, and until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE BOARD OF MEDICINE June 21, 2010 advice and consent of the Senate, George Michael Roberts, MEd, ATC, NASM-PES, 115 Valley View Drive, Edinboro 16412, Erie County, Forty-ninth Senatorial District, for appointment as a member of the State Board of 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, vice Bette A. Grey, Columbia, whose term expired. 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 BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS August 27, 2010 advice and consent of the Senate, Robert A. Etchells, 1291 Barnstable Lane, State College 16803, Centre County, Thirty-fourth Senatorial District, for reappointment as a member of the State Board of Examiners of Nursing Home Administrators, 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. MEMBER OF THE BOARD OF TRUSTEES OF THE PENNSYLVANIA STATE UNIVERSITY September 30, 2010 advice and consent of the Senate, Mark H. Dambly, 354 Darlington Road, Media 19063, Delaware County, Ninth Senatorial District, for appointment as a member of the Board of Trustees of the Pennsylvania State University, to serve until July 1, 2011, and until his successor is appointed and qualified, vice Roger J. Reschini, Indiana, resigned. MEMBER OF THE BOARD OF TRUSTEES OF THE PENNSYLVANIA STATE UNIVERSITY September 29, 2010 advice and consent of the Senate, Ira M. Lubert, 1160 First Avenue, King of Prussia 19406, Montgomery County, Seventeenth Senatorial District, for reappointment as a member of the Board of Trustees of the Pennsylvania State University, to serve until July 1, 2013, and until his successor is appointed and qualified. MEMBER OF THE BOARD OF TRUSTEES OF THE PENNSYLVANIA STATE UNIVERSITY September 30, 2010 advice and consent of the Senate, Paul H. Silvis, 600 Siltop Lane, Port Matilda 16870, Centre County, Thirty-fourth Senatorial District, for appointment as a member of the Board of Trustees of the Pennsylvania State University, to serve until July 1, 2013, and until his successor is appointed and qualified, vice Eugene B. Chaiken, Bryn Mawr, whose term expired.

23 2010 LEGISLATIVE JOURNAL - SENATE 2489 MEMBER OF THE STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS September 29, 2010 advice and consent of the Senate, Elizabeth A. Catania, P.E., F.NSPE, 934 Catherine Avenue, Woodlyn 19094, Delaware County, Twentysixth Senatorial District, for appointment as a member of the State Registration Board for Professional Engineers, Land Surveyors and Geologists, to serve for a term of six years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Albert M. Tantala, Newtown, whose term expired. SHERIFF, BRADFORD COUNTY August 27, 2010 advice and consent of the Senate, The Honorable Clinton J. Walters, 535 McFadden Road, Canton 17724, Bradford County, Twenty-third Senatorial District, for appointment as Sheriff, in and for the County of Bradford, to serve until the first Monday of January 2012, vice The Honorable Steven A. Evans, resigned. MEMBER OF THE STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS September 30, 2010 advice and consent of the Senate, Renee J. Cardone, M.S.W., 209 Charles Avenue, Selinsgrove 17870, Snyder County, Twenty-seventh Senatorial District, for appointment as a member of the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, to serve for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Michael DeStefano, Ridgway, whose term expired. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS September 28, 2010 advice and consent of the Senate, Dan Murphy, 833 Colony Court, Bryn Mawr 19010, Delaware County, Seventeenth Senatorial District, for appointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve until October 23, 2011, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Frederick Laurenzo, Lebanon, forfeiture of seat.. August 20, 2010 advice and consent of the Senate, John I. Waltman, 530 Avenue B, Trevose 19053, Bucks County, Sixth Senatorial District, for appointment as Magisterial District Judge, in and for the County of Bucks, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable Susan E. McEwen, resigned. advice and consent of the Senate, Richard W. Knecht, Esquire, 10 Amber Lane, Berwick 18603, Columbia County, Twenty-seventh Senatorial District, for appointment as Magisterial District Judge, in and for the County of Columbia, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable Richard P. Cashman, resigned. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS September 7, 2010 advice and consent of the Senate, Frank M. Snyder II, 420 Ann Street, Reynoldsville 15851, Jefferson County, Twenty-fifth Senatorial District, for reappointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period.

24 2490 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, advice and consent of the Senate, William E. Benner, Jr., Esquire, 127 Chelsea Loop, Lancaster 17602, Lancaster County, Thirteenth Senatorial District, for appointment as Magisterial District Judge, in and for the County of Lancaster, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable Maynard A. Hamilton, Jr., resigned. advice and consent of the Senate, David M. Howells, Jr., 143 E. Mountain Road, Allentown 18103, Lehigh County, Sixteenth Senatorial District, for appointment as Magisterial District Judge, in and for the County of Lehigh, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable David G. Leh, Jr., deceased. 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: MEMBER OF THE STATE BOARD OF ACCOUNTANCY July 1, 2010 advice and consent of the Senate, Virginia Birmingham (Public Member), 25 Limestone Court, Lititz 17543, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the State Board of Accountancy, to serve until March 16, 2014, and until her successor is appointed and qualified, but not longer than six months beyond that period, vice John R. Watson, Wexford, resigned. MEMBER OF THE PENNSYLVANIA COUNCIL ON AGING August 20, 2010 advice and consent of the Senate, Rommel L. Rivera, M.D., 2084 North Ridley Creek Road, Media 19063, Delaware County, Twenty-sixth Senatorial District, for appointment as a member of the Pennsylvania Council on Aging, to serve until October 8, 2011, and until his successor is appointed and qualified, vice Sister Theresa Novak, Pittsburgh, deceased. MEMBER OF THE PENNSYLVANIA COUNCIL ON AGING June 29, 2010 advice and consent of the Senate, Robert Wargo, 6275 Brookside Road, Petersburg 16669, Huntingdon County, Thirtieth Senatorial District, for appointment as a member of the Pennsylvania Council on Aging, to serve until October 8, 2011, and until his successor is appointed and qualified, vice Pioquinto "Skip" Voluntad, Philadelphia, resigned. CLERK OF COURTS, DAUPHIN COUNTY September 29, 2010 advice and consent of the Senate, Dale Elise Klein, 7736 Althea Avenue, Harrisburg 17112, Dauphin County, Fifteenth Senatorial District, for appointment as Clerk of Courts, in and for the County of Dauphin, to serve until the first Monday of January 2012, vice Lowell Witmer, resigned. CLERKS [sic] OF COURTS, LUZERNE COUNTY September 28, 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 Clerk of Courts, in and for the County of Luzerne, to serve until the first Monday of January 2012, vice The Honorable Robert Reilly, resigned.

25 2010 LEGISLATIVE JOURNAL - SENATE 2491 MEMBER OF THE BOARD OF GOVERNORS OF THE STATE SYSTEM OF HIGHER EDUCATION September 28, 2010 advice and consent of the Senate, Guido M. Pichini, 24 Upland Road, Wyomissing Hills 19609, Berks County, Forty-eighth Senatorial District, for appointment as a member of the Board of s of the State System of Higher Education, to serve until December 31, 2012, and until his successor is appointed and qualified, vice A. Richard Kneedler, Lancaster, resigned. MEMBER OF THE PENNSYLVANIA INDUSTRIAL DEVELOPMENT AUTHORITY August 20, 2010 advice and consent of the Senate, James J. Black III, Esquire, 985 Maldon Court, Blue Bell 19422, Montgomery County, Forty-fourth Senatorial District, for reappointment as a member of the Pennsylvania Industrial Development Authority, to serve until July 24, 2017, and until his successor is appointed and qualified. MEMBER OF THE STATE BOARD OF MEDICINE June 21, 2010 advice and consent of the Senate, George Michael Roberts, MEd, ATC, NASM-PES, 115 Valley View Drive, Edinboro 16412, Erie County, Forty-ninth Senatorial District, for appointment as a member of the State Board of 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, vice Bette A. Grey, Columbia, whose term expired. 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 BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS August 27, 2010 advice and consent of the Senate, Robert A. Etchells, 1291 Barnstable Lane, State College 16803, Centre County, Thirty-fourth Senatorial District, for reappointment as a member of the State Board of Examiners of Nursing Home Administrators, 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. MEMBER OF THE BOARD OF TRUSTEES OF THE PENNSYLVANIA STATE UNIVERSITY September 30, 2010 advice and consent of the Senate, Mark H. Dambly, 354 Darlington Road, Media 19063, Delaware County, Ninth Senatorial District, for appointment as a member of the Board of Trustees of the Pennsylvania State University, to serve until July 1, 2011, and until his successor is appointed and qualified, vice Roger J. Reschini, Indiana, resigned. MEMBER OF THE BOARD OF TRUSTEES OF THE PENNSYLVANIA STATE UNIVERSITY September 30, 2010 advice and consent of the Senate, Paul H. Silvis, 600 Siltop Lane, Port Matilda 16870, Centre County, Thirty-fourth Senatorial District, for appointment as a member of the Board of Trustees of the Pennsylvania State University, to serve until July 1, 2013, and until his successor is appointed and qualified, vice Eugene B. Chaiken, Bryn Mawr, whose term expired. SHERIFF, BRADFORD COUNTY August 27, 2010 advice and consent of the Senate, The Honorable Clinton J. Walters, 535 McFadden Road, Canton 17724, Bradford County, Twenty-third Senatorial District, for appointment as Sheriff, in and for the County of Bradford, to serve until the first Monday of January 2012, vice The Honorable Steven A. Evans, resigned.

26 2492 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS September 7, 2010 advice and consent of the Senate, Frank M. Snyder II, 420 Ann Street, Reynoldsville 15851, Jefferson County, Twenty-fifth Senatorial District, for reappointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period. Will the Senate advise and consent to the nominations? The yeas and nays were required by Senator ROBBINS and were as follows, viz: YEA-49 Alloway Ferlo O'Pake Vance Argall Folmer One Vogel Baker Fontana Piccola Ward Boscola Gordner Pileggi Washington Browne Greenleaf Pippy Waugh Brubaker Hughes Rafferty White, Donald Corman Kasunic Robbins White, Mary Jo Costa Kitchen Scarnati Williams Dinniman Leach Smucker Wozniak Earll Mcllhinney Stack Yaw Eichelberger Mellow Stout Erickson Mensch Tartaglione Farnese Musto Tomlinson 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. 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: August 20, 2010 advice and consent of the Senate, John I. Waltman, 530 Avenue B, Trevose 19053, Bucks County, Sixth Senatorial District, for appointment as Magisterial District Judge, in and for the County of Bucks, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable Susan E. McEwen, resigned. advice and consent of the Senate, Richard W. Knecht, Esquire, 10 Amber Lane, Berwick 18603, Columbia County, Twenty-seventh Senatorial District, for appointment as Magisterial District Judge, in and for the County of Columbia, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable Richard P. Cashman, resigned. advice and consent of the Senate, William E. Benner, Jr., Esquire, 127 Chelsea Loop, Lancaster 17602, Lancaster County, Thirteenth Senatorial District, for appointment as Magisterial District Judge, in and for the County of Lancaster, Magisterial District , to serve until the first Monday of January 2012, vice The Honorable Maynard A. Hamilton, Jr., resigned. Will the Senate advise and consent to the nominations? The yeas and nays were required by Senator ROBBINS and were as follows, viz: YEA-42 Argall Farnese Mensch Tomlinson Baker Ferlo Musto Vance Boscola Fontana O'Pake Washington Browne Gordner Piccola Waugh Brubaker Greenleaf Pileggi White, Donald Corman Hughes Rafferty White, Mary Jo Costa Kasunic Scarnati Williams Dinniman Kitchen Smucker Wozniak Earll Leach Stack Yaw Eichelberger McIlhinney Stout Erickson Mellow Tartaglione NAY-7 Alloway One Robbins Ward Folmer Pippy Vogel 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.

27 2010 LEGISLATIVE JOURNAL - SENATE 2493 SENATE RESOLUTIONS ADOPTED Senators VANCE, MENSCH, STACK, ERICKSON, ALLOWAY, BAKER, BOSCOLA, BRUBAKER, COSTA, DINNIMAN, EARLL, FERLO, FONTANA, GREENLEAF, KASUNIC, MUSTO, O'PAKE, ORIE, PILEGGI, PIPPY, RAF- FERTY, TARTAGLIONE, WASHINGTON, WAUGH, D. WHITE and YAW presented to the Chair SR 416, entitled: A Resolution designating November 18, 2010, as "Children's Grief Awareness Day" in Pennsylvania. Will the Senate adopt the resolution? The PRESIDENT. The Chair recognizes the gentlewoman from Cumberland, Senator Vance. Senator VANCE. Mr. President, very briefly, The Caring Place helps people who are grieving, particularly children who have lost their families. Interestingly enough, 1 in every 20 children will have a parent die before they graduate from high school. I ask for the immediate adoption of this resolution. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. Senators ORIE, RAFFERTY, SCARNATI, PILEGGI, MEL- LOW, ALLOWAY, ARGALL, BAKER, BOSCOLA, BRUBAKER, COSTA, DINNIMAN, EARLL, EICHELBERGER, ERICKSON, FERLO, FONTANA, GREEN- LEAF, HUGHES, KASUNIC, McILHINNEY, MENSCH, O'PAKE, PIPPY, ROBBINS, STACK, TARTAGLIONE, TOMLINSON, VOGEL, WASHINGTON, WAUGH, D. WHITE and YAW presented to the Chair SR 417, entitled: A Resolution recognizing November 10, 2010, as "Marine Corps Day" in Pennsylvania in honor of the United States Marine Corps' 235th anniversary of its founding. Will the Senate adopt the resolution? The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator Orie. Senator ORIE. Mr. President, today I am offering a resolution asking all Pennsylvanians to honor the United States Marine Corps on its 235th anniversary. President Reagan once said, "Some people spend an entire lifetime wondering if they made a difference in the world. But, the Marines don't have that problem." Founded by the Second Continental Congress in Philadelphia on November 10, 1775, the Marine Corps has fought with great courage on every continent and in every conflict in American history. There are over 200,000 brave men and women serving our nation in the Marine Corps, with many currently stationed in harm's way in Iraq and Afghanistan. Due to the Marine Corps' dedicated service, we live as residents in the greatest nation in the world, with freedoms envied and emulated by nations across the globe. I salute the courage of all the Marines from our Commonwealth. I salute their service to our nation. They are our nation's greatest heroes. Mr. President, I ask for an affirmative vote on this resolution honoring the contributions of all our current and former Marines as well as commemorating the Marine Corps on its 235th anniversary. 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 PICCOLA, BAKER, EARLL, DINNIMAN, ALLOWAY, ERICKSON, PIPPY, D. WHITE, PILEGGI, WASHINGTON, ORIE, TARTAGLIONE, KASUNIC, BOSCOLA, FERLO, STACK, COSTA, O'PAKE, FONTANA, ARGALL, GREENLEAF and RAFFERTY presented to the Chair SR 418, entitled: A Resolution designating October 21, 2010, as "Lights on Afterschool! Day" in Pennsylvania. Which was read, considered, and adopted by voice vote. Senators WASHINGTON and O'PAKE presented to the Chair SR 419, entitled: A Resolution designating the month of October 2010 as "Bullying Awareness Month" in Pennsylvania. Which was read, considered, and adopted by voice vote. Senators PICCOLA, BRUBAKER, FOLMER, BROWNE, BAKER, EARLL, DINNIMAN, ALLOWAY, McILHINNEY, ERICKSON, PIPPY, D. WHITE, SCARNATI, ROBBINS, PILEGGI, GORDNER, WASHINGTON, ORIE, TOMLINSON, WILLIAMS, YAW, VOGEL, TARTAGLIONE, KASUNIC, BOSCOLA, FARNESE, MENSCH, EICHELBERGER, KITCHEN, FERLO, MELLOW, HUGHES, STACK, COSTA, WAUGH, O'PAKE, FONTANA, ARGALL, GREENLEAF and RAFFERTY presented to the Chair SR 420, entitled: A Resolution designating October 16, 2010, as "Military Family Day" in Pennsylvania. Which was read, considered, and adopted by voice vote. Senators VANCE, ARGALL, ORIE, STOUT, ALLOWAY, BAKER, BRUBAKER, COSTA, DINNIMAN, EARLL, ERICKSON, FERLO, FONTANA, GREENLEAF, KASUNIC, O'PAKE, PILEGGI, RAFFERTY, STACK, VOGEL, WAUGH and D. WHITE presented to the Chair SR 421, entitled: A Resolution designating the week of October 10 through 16, 2010, as "White Cane Week" in Pennsylvania and the month of October 2010 as "Blindness Awareness Month" in Pennsylvania; and congratulating the Pennsylvania Association of the Blind on its 100th anniversary. Which was read, considered, and adopted by voice vote. Senators ORIE, PILEGGI, ALLOWAY, BRUBAKER, COSTA, DINNIMAN, EARLL, ERICKSON, FONTANA, GREENLEAF, O'PAKE, PIPPY, RAFFERTY, STACK and VOGEL presented to the Chair SR 422, entitled: A Resolution commemorating the National Urban League on their 100th anniversary.

28 2494 LEGISLATIVE JOURNAL - SENATE OCTOBER 12, Will the Senate adopt the resolution? The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator Orie. Senator ORIE. Mr. President, as a proud member of the Urban League of Greater Pittsburgh, I offer this resolution and ask my colleagues to join me in commemorating the National Urban League on its centennial anniversary. I submit my 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 gentlewoman from Allegheny, Senator ORIE:) Mr. President, today I am offering a resolution asking all Pennsylvanians to commemorate the National Urban League on its centennial anniversary. Founded in 1910 by Ruth Standish Baldwin and George Edmund Haynes, the National Urban League has worked on behalf of African Americans to end racial discrimination in the United States. Through its mission statement calling on African Americans "to secure economic self-reliance, parity, power and civil rights," the National Urban League has made tremendous progress, from the Great Migration of the early 20th century, through the civil rights movement of the 1960s, and now to the election of the first African-American President of the United States. What an impressive legacy. Pennsylvania is home to four National Urban League affiliates: the Shenango Valley Urban League, the Urban League of Greater Pittsburgh, the Urban League of Lancaster County, and the Urban League of Philadelphia. Mr. President, I ask for an affirmative vote for this resolution commemorating the National Urban League on its centennial anniversary. Thank you. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affirmative. 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 Jamie A. Anczarski and to Shawn M. Krause by Senator Argall. Congratulations of the Senate were extended to Devin Patrick Shoemaker by Senator Baker. Congratulations of the Senate were extended to Mr. and Mrs. Stanley Kephart by Senator Corman. Congratulations of the Senate were extended to Womanspace Ardmore by Senator Leach. Congratulations of the Senate were extended to Sean Andrew McFadden by Senator Mcllhinney. Congratulations of the Senate were extended to Susan Gallagher and to the Keystone Active Zone Passport Program of Wilkes-Barre by Senator Musto. Congratulations of the Senate were extended to Amy D. Babb by Senator O'Pake. Congratulations of the Senate were extended to the North Hills Art Center by Senator Orie. Congratulations of the Senate were extended to the Catholic Charities of the Diocese of Pittsburgh by Senator One and others. Congratulations of the Senate were extended to Justin Weld by Senator Rafferty. Congratulations of the Senate were extended to Charles H. Norris, Kristin Durniok and to the First United Methodist Church of Sharon by Senator Robbins. Congratulations of the Senate were extended to Brandon David Dalessandro by Senator Tomlinson. Congratulations of the Senate were extended to Dr. Pascal Spino by Senator Ward. Congratulations of the Senate were extended to the Elderton United Methodist Church by Senator D. White. Congratulations of the Senate were extended to Ronald A. Vodenichar by Senator M.J. White. 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 Jessie A. Swan by Senator Baker. Condolences of the Senate were extended to the family of the late John R. Brillman, Jr., and to the family of the late William F. Cameron by Senator Mcllhinney. Condolences of the Senate were extended to the family of the late Diana M. Wilson and to the family of the late Sandra L. Danahey by Senator Orie. Condolences of the Senate were extended to the family of the late Lance Corporal Ralph J. Fabbri and to the family of the late James Joseph Oswald by Senator Wozniak. BILLS ON FIRST CONSIDERATION Senator WAUGH. 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 1129, SB 1456, SB 1490, HB 712, HB 726, HB 2477 and HB And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. BILLS REREFERRED Upon motion of Senator PILEGGI, and agreed to by voice vote, the following bills just considered were rereferred to the Committee on Appropriations: SB 1490 and HB BILLS SIGNED The PRESIDENT (Lieutenant Joseph B. Scarnati III) in the presence of the Senate signed the following bills: SB 123, SB 384, SB 1181, SB 1280, SB 1328, SB 1360, HB 47, HB 101, HB 400, HB 727, HB 1515, HB 1516, HB 1517, HB 1518, HB 1799, HB 2212, HB 2246, HB 2291 and HB 2375.