COMMONWEALTH OF PENNSYLVANIA ilr je iz1afi Ir j nurrnd SATURDAY, JULY 18, 2009 SESSION OF 2009 193RD OF THE GENERAL ASSEMBLY No. 60 SENATE SATURDAY, July 18, 2009 The Senate met at 9 a.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Joseph B. Scarnati III) in the Chair. PRAYER The following prayer was offered by the Secretary of the Senate, Hon. MARK R. CORRIGAN: Let us pray. All glory and praise to You, dear Lord, for the beauty of this new day. We are thankful that our State is governed by those who have been elected by the people. To remember that at this time is especially fitting as they struggle with the budgetary issues at hand. As they individually and collectively seek to discharge their responsibilities, guide them and direct them. In the decisions they will make on our behalf, open to them the inspiration of Your will. And by Your spirit, counsel them to accomplish goals which will be pleasing in Your sight. Amen. 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: COUNCIL ON AGING advice and consent of the Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Pennsylvania Council on Aging, to serve until October 8, 2010, and until her successor is appointed and qualified, vice Denise Illig Robison, Erie, resigned. MEMBER OF THE APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION advice and consent of the Senate, Sam Cohn (Voting Member), 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Appalachian States Low-Level Radioactive Waste Commission, to serve at the pleasure of the, vice The Honorable Dennis Yablonsky, Harrisburg, resigned. MEMBER OF THE STATE CONSERVATION COMMISSION advice and consent of the Senate, Jack A. Dehoff, 400 Kendale Road, Red Lion 17356, York County, Twenty-eighth Senatorial District, for reappointment as a member of the State Conservation Commission, to serve until May 30, 2013, and until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STATE FARM PRODUCTS SHOW COMMISSION advice and consent of the Senate, B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the State Farm Products Show Commission, to serve for a term of four years and until his successor has been appointed and qualified, vice Randy King, Harrisburg, resigned.
1008 LEGISLATIVE JOURNAL - SENATE JULY 18, PUBLIC TELEVISION NETWORK COMMISSION advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Pennsylvania Public Television Network Commission, 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 Penelope Gerber, Ambler, whose term expired. PUBLIC TELEVISION NETWORK COMMISSION advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the Pennsylvania Public Television Network Commission, to serve for a term of six years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Steven Aaron, Harrisburg, whose term expired. SHERIFF, UNION COUNTY advice and consent of the Senate, Nora Peterman, 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as Sheriff, in and for the County of Union, to serve until the first Monday of January 2010, vice John P. Schrawder, deceased. MEMBER OF THE WORKERS' COMPENSATION APPEAL BOARD advice and consent of the Senate, B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Workers' Compensation Appeal Board, to serve until the third Tuesday of January 2011, and until his successor is appointed and qualified, vice Richard Block, Philadelphia, deceased. MAGISTERIAL DISTRICT JUDGE advice and consent of the Senate, Nina Tinari, 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as Magisterial District Judge, in and for the County of Mercer, Magisterial District 35-2-01, to serve until the first Monday of January 2010, vice James E. McMahon, resigned. RECALL COMMUNICATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE STATE CONSERVATION COMMISSION In accordance with the power and authority vested in me as 8, 2009, for the reappointment of Jack A. Dehoff, 400 Kendale Road, Red Lion 17356, York County, Twenty-eighth Senatorial District, as a member of the State Conservation Commission, to serve until May 30, 2013, and until his successor is appointed and qualified, but not longer than six months beyond that period. FISH AND BOAT COMMISSION In accordance with the power and authority vested in me as 5, 2009, for the reappointment of Norman R. Gavlick, MBA, CPRW (District 7), 388 N. Maple Avenue, Kingston 18704, Luzerne County,
2009 LEGISLATIVE JOURNAL - SENATE 1009 Twentieth Senatorial District, as a member of the Pennsylvania Fish and Boat Commission, to serve for a term of eight years or until his successor is appointed and qualified, but not longer than six months beyond that period. FISH AND BOAT COMMISSION In accordance with the power and authority vested in me as 5, 2009, for the appointment of William G. Gordon (District 1), 728 Lakeview Drive, Emlenton 16373, Clarion County, Twenty-first Senatorial District, as a member of the Pennsylvania Fish and Boat Commission, to serve for a term of eight years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Samuel M. Concilla, North East, whose term expired. FISH AND BOAT COMMISSION In accordance with the power and authority vested in me as 5, 2009, for the reappointment of Leonard L. Lichvar (District 4), 584 Homer Church Road, Stoystown 15563, Somerset County, Thirty-second Senatorial District, as a member of the Pennsylvania Fish and Boat Commission, to serve for a term of eight years or until his successor is appointed and qualified, but not longer than six months beyond that period. JUDGE, COURT OF COMMON PLEAS, LUZERNE COUNTY In accordance with the power and authority vested in me as 12, 2009, for the appointment of Gregory E. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth Senatorial District, as Judge, Court of Common Pleas, Luzerne County, to serve until the first Monday of January 2012, vice The Honorable Mark A. Ciavarella, Jr., resigned. PROTHONOTARY OF LUZERNE COUNTY In accordance with the power and authority vested in me as 10, 2009, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as Prothonotary of Luzeme, in and for the County of Luzern, to serve until the first Monday of January 2010, vice The Honorable Jill A. Moran, resigned. HOUSE MESSAGE HOUSE BILL FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following bill for concurrence, which was referred to the committee indicated: July 18, 2009 HB 1416 -- Committee on Appropriations. SPECIAL ORDER OF BUSINESS ANNOUNCEMENT BY THE SECRETARY The SECRETARY. Consent has been given for the Committee on Appropriations to meet off the floor to consider House Bill No. 1416. LEGISLATIVE LEAVES Berks, Senator O'Pake. Senator O'PAKE. Mr. President, I request legislative leaves for Senator Ferlo, Senator Fontana, Senator Kasunic, Senator Leach, Senator Logan, and Senator Washington. The PRESIDENT. Senator O'Pake requests legislative leaves for Senator Ferlo, Senator Fontana, Senator Kasunic, Senator Leach, Senator Logan, and Senator Washington. Without objection, the leaves will be granted. LEAVE OF ABSENCE Senator O'PAKE asked and obtained a leave of absence for Senator STOUT, for today's Session, for personal reasons.
1010 LEGISLATIVE JOURNAL - SENATE JULY 18, SPECIAL ORDER OF BUSINESS JOURNAL APPROVED The PRESIDENT. The Journal of the Session of July 7, 2009, is now in print. The Clerk proceeded to read the Journal of the Session of July 7, 2009. Senator PILEGGI. Mr. President, I move that further reading of the Journal be dispensed with and that the Journal be approved. On the question, 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 Vogel Argall Folmer One Ward Baker Fontana Piccola Washington Boscola Gordner Pileggi Waugh Browne Greenleaf Pippy White, Donald Brubaker Hughes Rafferty White, Mary Jo Corman Kasunic Robbins Williams Costa Kitchen Scarnati Wonderling Dinniman Leach Smucker Wozniak Earll Logan Stack Yaw Eichelberger Mcllhinney Tartaglione Erickson Mellow Tomlinson Farnese Musto Vance NAY-0 A majority of the Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. The Journal is approved. CALENDAR THIRD CONSIDERATION CALENDAR BILLS OVER IN ORDER HB 39, SB 107 and HB 222 -- Without objection, the bills were passed over in their order at the request of Senator PILEGGI. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 282 (Pr. No. 284) -- The Senate proceeded to consideration An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in area government and intergovernmental cooperation, providing for agreements with municipal authorities; and further providing for review of agreement by Local Government Commission. Considered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-49 Alloway Ferlo O'Pake Vogel Argall Folmer One Ward Baker Fontana Piccola Washington Boscola Gordner Pileggi Waugh Browne Greenleaf Pippy White, Donald Brubaker Hughes Rafferty White, Mary Jo Corman Kasunic Robbins Williams Costa Kitchen Scarnati Wonderling Dinniman Leach Smucker Wozniak Earll Logan Stack Yaw Eichelberger Mcllhinney Tartaglione Erickson Mellow Tomlinson Farnese Musto Vance 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. SB 284 (Pr. No. 1305) -- 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 providing for implementation agreements. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-49 Alloway Ferlo O'Pake Vogel Argall Folmer One Ward Baker Fontana Piccola Washington Boscola Gordner Pileggi Waugh Browne Greenleaf Pippy White, Donald Brubaker Hughes Rafferty White, Mary Jo Corman Kasunic Robbins Williams Costa Kitchen Scarnati Wonderling Dinniman Leach Smucker Wozniak Earll Logan Stack Yaw Eichelberger Mcllhinney Tartaglione Erickson Mellow Tomlinson Famese Musto Vance NAY-0
2009 LEGISLATIVE JOURNAL - SENATE 1011 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 LAID ON THE TABLE HB 348 (Pr. No. 379) -- The Senate proceeded to consideration An Act authorizing the Department of General Services, with the approval of the, to grant and convey to the Waymart Area Historical Society, or its assigns, certain land, buildings and improvements situate in the Township of Canaan, Wayne County. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was laid on the table. HB 348 TAKEN FROM THE TABLE Senator PILEGGI. Mr. President, I move that House Bill No. 348, Printer's No. 379, be taken from the table and placed on the Calendar. The PRESIDENT. The bill will be placed on the Calendar. BILLS OVER IN ORDER SB 441, HB 602, SB 607, SB 693 and SB 746 -- Without objection, the bills were passed over in their order at the request of Senator PILEGGI. SECOND CONSIDERATION CALENDAR BILL OVER IN ORDER SB 285 -- Without objection, the bill was passed over in its order at the request of Senator PILEGGI. BILL LAID ON THE TABLE SB 303 (Pr. No. 1210) -- The Senate proceeded to consideration An Act establishing a grant program for volunteer emergency service organizations to provide incentives for establishing partnerships; conferring powers and duties on the Center for Local Government Services within the Department of Community and Economic Development; establishing the Volunteer Emergency Services Partnership Bond Fund; and providing for funding. Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was laid on the table. SB 303 TAKEN FROM THE TABLE Senator PILEGGI. Mr. President, I move that Senate Bill No. 303, Printer's No. 1210, be taken from the table and placed on the Calendar. The PRESIDENT. The bill will be placed on the Calendar. BILLS OVER IN ORDER HB 372, SB 381, HB 416, HB 485, SB 493, SB 918, HB 951, SB 954, HB 1607 and HB 1754 -- Without objection, the bills were passed over in their order at the request of Senator PILEGGI. RECESS Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a recess of the Senate for purposes, first, of a Republican caucus to be held in the Majority Caucus Room, to be followed by a meeting of the Committee on Appropriations to be held in the Rules room. Allegheny, Senator Costa. Senator COSTA. Mr. President, Senate Democrats also have a need to caucus, so I respectfully request a caucus for Senate Democrats. The PRESIDENT. For purposes of Republican and Democratic caucuses, to be followed by a meeting of the Committee on Appropriations 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. UNFINISHED BUSINESS BILL REPORTED FROM COMMITTEE Senator CORMAN, from the Committee on Appropriations, reported the following bill: HB 1416 (Pr. No. 2433) (Negative recommendation) An Act to provide from the General Fund for the expenses of the Executive, Legislative and Judicial Departments of the Commonwealth, the public debt and the public schools for the fiscal year July 1, 2009, to June 30, 2010, for certain institutions and organizations, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2009; to provide appropriations from the State Lottery Fund, the Energy Conservation and Assistance Fund, the Hazardous Material Response Fund, The State Stores Fund, the Milk Marketing Fund, the Home Investment Trust Fund, the Emergency Medical Services Operating Fund, the Tuition Payment Fund, the Banking Department Fund, the Firearm Records Check Fund, the Ben Franklin Technology Development Authority Fund and the Tobacco Settlement Fund to the Executive Department; to provide appropriations from the Judicial Computer System Augmentation Account to the Judicial Department for the fiscal year July 1, 2009, to June 30, 2010; to provide appropriations from the Motor License Fund for the fiscal year July 1, 2009, to June 30, 2010, for the proper operation of the several departments of the Commonwealth and the Pennsylvania State Police authorized to spend Motor License Fund moneys; to provide for the appropriation of Federal funds to the Executive Department of the Commonwealth and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2009. CONGRATULATORY RESOLUTION The PRESIDENT laid before the Senate the following resolution, which was read, considered, and adopted by voice vote:
1012 LEGISLATIVE JOURNAL - SENATE JULY 18, Congratulations of the Senate were extended to Tom Ninos by Senator Kasunic. BILL ON FIRST CONSIDERATION Senator ORIE. Mr. President, I move that the Senate do now proceed to consideration of the bill reported from committee for the first time at today's Session. The bill was as follows: HB 1416. And said bill having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITTEE MEETINGS SATURDAY. JULY 18.2009 Off the Floor APPROPRIATIONS (to consider Rules Cmte. House Bill No. 1416) Conf. Rm. TUESDAY, JULY 21, 2009 9:00 A.M. COMMUNITY, ECONOMIC AND Room 8E-B RECREATIONAL DEVELOPMENT East Wing (public hearing on the nomination of Hon. George E. Cornelius as Secretary of Community and Economic Development) 12:45 P.M. TRANSPORTATION (to consider Senate Rules Cmte. Resolution No. 146; and House Bills No. Conf. Rm. 458 and 1300) FRIDAY, AUGUST 7, 2009 1:00 P.M. EDUCATION (public hearing on St. Francis School Consolidation) University 117 Evergreen Dr. Loretto, PA RECESS Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I move that the Senate do now recess until Sunday, July 19, 2009, at 4 p.m., Eastern Daylight Saving Time. The Senate recessed at 11:38 a.m., Eastern Daylight Saving Time.