COMMONWEALTH OF PENNSYLVANIA Legislative Journal FRIDAY, JUNE 28, 2013 SESSION OF 2013 197TH OF THE GENERAL ASSEMBLY No. 48 SENATE FRIDAY, June 28, 2013 The Senate met at 4 p.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Governor Jim Cawley) in the Chair. PRAYER The following prayer was offered by Senator JOHN RAF- FERTY: May we begin today's Session as we do every day of our lives, calling on our Heavenly Father for His graces. Heavenly Father, our Lord, our Creator, our protector, our inspiration. Throughout life, we call upon You and petition You to bestow upon us Your plentiful graces to strengthen us daily, especially as we face obstacles placed before us in life. We, as a Senate of Pennsylvania, are faced with tough decisions to make in a condensed amount of time. Guide us, as You have humankind throughout history, for You taught us to never give up hope as we place our trust in You, for through You, all things are possible. Father, we call upon Your divine providence to open our minds so that You may guide us to a just resolution. The prophet Jeremiah proclaimed, for I know the plans I have for you, declares the Lord, plans to prosper you and not to harm you, plans to give you hope and a future. We trust You will provide us Your guidance, wisdom, and support as we begin this Session day. Grant our Commonwealth that bright future. We ask this in Your most holy name. Amen. The PRESIDENT. The Chair thanks Senator Rafferty. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) 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: June 28, 2013 Senators WOZNIAK, VULAKOVICH, WAUGH, COSTA, GORDNER, SCHWANK and SOLOBAY presented to the Chair SB 905, entitled: 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 and for death or incapacitation of dealer; repealing provisions relating to coercion; and providing for unlawful acts by supplier, for remedies and enforcement and for waiver. Which was committed to the Committee on AGRICULTURE AND RURAL AFFAIRS, June 28, 2013. Senators SCARNATI, RAFFERTY, GREENLEAF, WAUGH, HUTCHINSON, MENSCH, BAKER, WHITE, GORDNER, VOGEL, STACK, YUDICHAK, BREWSTER, BRUBAKER and COSTA presented to the Chair SB 1000, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for rural regional community college pilot program for underserved counties. Which was committed to the Committee on EDUCATION, June 28, 2013. Senators SOLOBAY, FERLO, RAFFERTY, GREENLEAF, WASHINGTON, FONTANA, TARTAGLIONE, BREWSTER, STACK, HUGHES, BOSCOLA and FARNESE presented to the Chair SB 1053, entitled: An Act amending the act of March 28, 2000 (P.L.23, No.7), known as the Fair Credit Extension Uniformity Act, further providing for unfair or deceptive acts or practices. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, June 28, 2013. Senators SOLOBAY, FERLO, RAFFERTY, GREENLEAF, WASHINGTON, FONTANA, TARTAGLIONE, BREWSTER, STACK, HUGHES, BOSCOLA and FARNESE presented to the Chair SB 1054, entitled: An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for private actions. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, June 28, 2013. HOUSE MESSAGE 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:
786 LEGISLATIVE JOURNAL SENATE JUNE 28, June 28, 2013 HB 27 and 80 -- Committee on Judiciary. HB 48 and 91 -- Committee on Finance. HB 121 -- Committee on Law and Justice. HB 435 -- Committee on Public Health and Welfare. HB 436 and 726 -- Committee on Aging and Youth. HB 858 and 1253 -- Committee on Labor and Industry. HB 1047, 1096, 1348 and 1351 -- Committee on Consumer Protection and Professional Licensure. HB 1275, 1276, 1277, 1278, 1279, 1280, 1281 and 1282 -- Committee on Appropriations. GENERAL COMMUNICATION ANNUAL LIST OF EDUCATIONAL ORGANIZATIONS RECEIVING CONTRIBUTIONS FROM BUSINESSES The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: COMMONWEALTH OF PENNSYLVANIA Department of Revenue Harrisburg, Pennsylvania 17128-1100 Ms. Megan Totino Consedine Secretary of the Senate Senate of Pennsylvania 462 Main Capitol Harrisburg, PA 17120 Dear Ms. Consedine: June 30, 2013 In accordance with the provisions of Act 4 of 2001 and Act 85 of 2012, the Department of Revenue is to provide a list of all Scholarship Organizations, Educational Improvement Organizations, Pre-Kindergarten Scholarship Organizations and Opportunity Scholarship Organizations receiving contributions from business firms granted a tax credit to the General Assembly June 30 of each year. The enclosed lists represent the organizations in each category and the total tax credit granted. If you have any questions, please contact me at (717) 783-3680. Sincerely, DANIEL MEUSER Secretary of Revenue The PRESIDENT. This report will be filed in the Library. BILL SIGNED The PRESIDENT (Lieutenant Governor Jim Cawley) in the presence of the Senate signed the following bill: HB 26. SPECIAL ORDER OF BUSINESS ANNOUNCEMENT BY THE SECRETARY The SECRETARY. Permission has been granted for the Committee on Public Health and Welfare to meet off the floor today to consider Senate Bill No. 555 and House Bill No. 1075. LEGISLATIVE LEAVES Lehigh, Senator Browne. Senator BROWNE. Mr. President, I request temporary Capitol leaves for Senator Pileggi and Senator Corman, and a legislative leave for Senator Scarnati. Allegheny, Senator Costa. Senator COSTA. Mr. President, I request temporary Capitol leaves for Senator Wiley and Senator Yudichak. The PRESIDENT. Senator Browne requests temporary Capitol leaves for Senator Pileggi and Senator Corman, and a legislative leave for Senator Scarnati. Senator Costa requests temporary Capitol leaves for Senator Wiley and Senator Yudichak. Without objection, the leaves will be granted. JOURNAL APPROVED The PRESIDENT. The Journal of the Session of June 4, 2013, is now in print. The Clerk proceeded to read the Journal of the Session of June 4, 2013. Senator BROWNE. 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 BROWNE and were as follows, viz: YEA-50 Alloway Farnese Pileggi Vogel Argall Ferlo Rafferty Vulakovich Baker Folmer Robbins Ward Blake Fontana Scarnati Washington Boscola Gordner Schwank Waugh Brewster Greenleaf Smith White Browne Hughes Smucker Wiley Brubaker Hutchinson Solobay Williams Corman Kasunic Stack Wozniak Costa Kitchen Tartaglione Yaw Dinniman Leach Teplitz Yudichak Eichelberger McIlhinney Tomlinson Erickson Mensch Vance NAY-0 A majority of the Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. The Journal is approved. LEGISLATIVE LEAVES CANCELLED The PRESIDENT. Senator Pileggi and Senator Corman have returned, and their temporary Capitol leaves are cancelled. GUEST OF SENATOR JAY COSTA PRESENTED TO THE SENATE Allegheny, Senator Costa.
2013 LEGISLATIVE JOURNAL SENATE 787 Senator COSTA. Mr. President, I am very pleased today to introduce an intern who is working here in Harrisburg with our legal staff this summer. Chelsey Mitchell will be entering her second year at the Duquesne University School of Law. She came to our office through the Duquesne University program called Public Service Law Fellowship. She is originally from Lebanon County, graduated from Cedar Crest High School, and then attended the great University of Pittsburgh for undergraduate studies. Chelsey has already demonstrated her many talents in our office and with my staff. They are thrilled and we are thrilled to have her working here in Harrisburg as a legal intern this summer. Mr. President, I ask that my colleagues give Chelsey a warm Senate welcome. The PRESIDENT. Would the guest of Senator Costa please rise so that the Senate may give you its usual warm welcome. (Applause.) RECESS Delaware, Senator Pileggi. Senator PILEGGI. Mr. President, I request a recess of the Senate for the purpose of a Republican caucus to be held in the Majority Caucus Room starting at 5 p.m. Allegheny, Senator Costa. Senator COSTA. Mr. President, Senate Democrats will meet at the rear of the Chamber for a caucus. The PRESIDENT. For purposes of 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. LEGISLATIVE LEAVES CANCELLED The PRESIDENT. Senator Wiley and Senator Yudichak have returned, and their temporary Capitol leaves are cancelled. LEGISLATIVE LEAVE Lehigh, Senator Browne. Senator BROWNE. Mr. President, I request a temporary Capitol leave for Senator Pileggi. The PRESIDENT. Senator Browne requests a temporary Capitol leave for Senator Pileggi. Without objection, the leaves will be granted. LEAVE CHANGED Lehigh, Senator BROWNE. Senator BROWNE. Mr. President, I request that Senator Scarnati's leave be changed from legislative leave to temporary Capitol leave. The PRESIDENT. Senator Browne requests that Senator Scarnati's leave be changed from legislative leave to temporary Capitol leave. Without objection, the leave will be changed. CALENDAR BILL ON CONCURRENCE IN HOUSE AMENDMENTS SENATE CONCURS IN HOUSE AMENDMENTS SB 586 (Pr. No. 1282) -- The Senate proceeded to consideration An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in ownership of property and legal title and equitable estate, further providing for right to dispose of a decedent's remains. On the question, Will the Senate concur in the amendments made by the House to Senate Bill No. 586? Lehigh, Senator Browne. Senator BROWNE. Mr. President, I move that the Senate do concur in the amendments made by the House to Senate Bill No. 586. On the question, Will the Senate agree to the motion? The yeas and nays were required by Senator BROWNE and were as follows, viz: YEA-50 Alloway Farnese Pileggi Vogel Argall Ferlo Rafferty Vulakovich Baker Folmer Robbins Ward Blake Fontana Scarnati Washington Boscola Gordner Schwank Waugh Brewster Greenleaf Smith White Browne Hughes Smucker Wiley Brubaker Hutchinson Solobay Williams Corman Kasunic Stack Wozniak Costa Kitchen Tartaglione Yaw Dinniman Leach Teplitz Yudichak Eichelberger McIlhinney Tomlinson Erickson Mensch 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 inform the House of Representatives accordingly. THIRD CONSIDERATION CALENDAR BILL OVER IN ORDER HB 82 -- Without objection, the bill was passed over in its order at the request of Senator BROWNE. BILL OVER IN ORDER TEMPORARILY SB 100 -- Without objection, the bill was passed over in its order temporarily at the request of Senator BROWNE.
788 LEGISLATIVE JOURNAL SENATE JUNE 28, BILL OVER IN ORDER SB 391 -- Without objection, the bill was passed over in its order at the request of Senator BROWNE. BILL LAID ON THE TABLE SB 401 (Pr. No. 1192) -- The Senate proceeded to consideration An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, providing for joint payment for emergency medical services agencies. Upon motion of Senator BROWNE, and agreed to by voice vote, the bill was laid on the table. SB 401 TAKEN FROM THE TABLE Senator BROWNE. Mr. President, I move that Senate Bill No. 401, Printer's No. 1192, be taken from the table and placed on the Calendar. The motion was agreed to by voice vote. The PRESIDENT. The bill will be placed on the Calendar. BILL OVER IN ORDER SB 428 -- Without objection, the bill was passed over in its order at the request of Senator BROWNE. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE HB 515 (Pr. No. 1946) -- 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 definitions; and providing for mailed notice in certain proceedings. 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 Farnese Rafferty Vulakovich Argall Folmer Robbins Ward Baker Fontana Scarnati Washington Blake Gordner Schwank Waugh Boscola Greenleaf Smith White Brewster Hughes Smucker Wiley Browne Hutchinson Solobay Williams Brubaker Kasunic Stack Wozniak Corman Kitchen Tartaglione Yaw Costa Leach Teplitz Yudichak Dinniman McIlhinney Tomlinson Eichelberger Mensch Vance Erickson Pileggi Vogel Ferlo 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 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 TEMPORARILY HB 790 -- Without objection, the bill was passed over in its order temporarily at the request of Senator BROWNE. BILL AMENDED AND LAID ON THE TABLE HB 925 (Pr. No. 1064) -- The Senate proceeded to consideration An Act designating each of the bridges that carry Lincoln Highway over Electric Avenue, in North Braddock Borough, Allegheny County, State Bridge No. 02 0030 0230 0001 and State Bridge No. 02 0030 0231 0000, as the AMVETS Memorial Bridge. On the question, Will the Senate agree to the bill on third consideration? SCHWANK AMENDMENT A2702 Senator SCHWANK offered the following amendment No. A2702: Amend Bill, page 1, line 4, by inserting after "Bridge": ; and designating a portion of Pennsylvania Route 662 in Ruscombmanor Township, Berks County, as the Chief Warrant Officer 2 Jarett M. Yoder Highway Amend Bill, page 2, lines 21 and 22, by striking out all of said lines and inserting: Section 2. Jarett M. Yoder Highway. (a) Findings.-- (1) Jarett M. Yoder was born in Reading on November 10, 1986. He was a 2005 graduate of Oley Valley High School, where he was an accomplished athlete in multiple sports. Upon graduating, he enlisted in the Pennsylvania National Guard and was deployed to the Republic of Iraq as part of Operation Iraqi Freedom in 2008 as a member of C Company, 1-111th Infantry Regiment, 56th Stryker Brigade. After his return in 2012, Jarett realized his lifelong dream by earning his wings at Army aviation school. (2) Chief Warrant Officer 2 Yoder was killed on April 9, 2013, in Nangarhar province, Islamic Republic of Afghanistan, when the AH-64 Apache helicopter he copiloted crashed from an undetermined cause during an aerial reconnaissance while he was deployed with Bravo Company, 1-104th Attack Reconnaissance Battalion, Pennsylvania Army National Guard as part of Operation Enduring Freedom. (3) Chief Warrant Officer 2 Yoder was posthumously awarded the Bronze Star Medal, Air Medal and NATO Medal for his service in Afghanistan. In addition, he was awarded the Combat Infantryman Badge, Combat Action Badge, the Afghanistan Campaign Medal with one bronze star and the Iraq Campaign Medal with one bronze star.
2013 LEGISLATIVE JOURNAL SENATE 789 (4) Chief Warrant Officer 2 Yoder, the husband of Heather L. Garay-Yoder, whom he married shortly before his deployment to Afghanistan, and the son of Diane C. and Gary L. Yoder, demonstrated his courageous commitment to family and country at the time of his death. (b) Designation.--The section of Pennsylvania Route 662 in Ruscombmanor Township between the township border with the Borough of Fleetwood and the township border with Oley Township is hereby designated the Chief Warrant Officer 2 Jarett M. Yoder Highway. (c) Signs.--The Department of Transportation shall erect and maintain appropriate signs displaying the name of the highway to traffic in both directions on the highway. Section 3. Effective date. This act shall take effect as follows: (1) Section 1 shall take effect in 60 days. (2) The remainder of this act shall take effect immediately. On the question, Will the Senate agree to the amendment? It was agreed to. On the question, Will the Senate agree to the bill on third consideration, as amended? SOLOBAY AMENDMENT A2410 Senator SOLOBAY offered the following amendment No. A2410: Amend Bill, page 1, line 4, by inserting after "Bridge": ; and designating a certain interchange in Greene County as the Sergeant Michael Todd May, Monongalia County Sheriff's Department, West Virginia, Interchange Amend Bill, page 2, by inserting between lines 20 and 21: Section 2. The Sergeant Michael Todd May, Monongalia County Sheriff's Department, West Virginia, Interchange. (a) Findings.--The General Assembly finds and declares as follows: (1) Sgt. Michael Todd May, a ten-year veteran of the Monongalia County Sheriff's Department, was killed in the line of duty in the early hours of Saturday, February 18, 2012. (2) Sgt. May was killed while involved in a vehicle pursuit that had crossed over the West Virginia/Pennsylvania State line. (3) The driver of the vehicle rammed Sgt. May's patrol car as he waited in the median for the pursuit to reach his location. (4) The driver was convicted of third degree murder, homicide by vehicle, homicide by vehicle while driving under the influence and multiple other counts. (5) Sgt. May was born in Morgantown, West Virginia, on April 2, 1970. (6) Sgt. May was a 1988 graduate of Morgantown High School and attended Fairmont State University, where he pursued a degree in criminal justice. (7) After college, Sgt. May graduated from the West Virginia State Police Academy. (8) Sgt. May was employed for a short time with the Berkeley County Sheriff's Department and then began his career with the Monongalia County Sheriff's Department, where he was a lead on the SWAT team. (9) Sgt. May also worked at the Eastern Regional Corrections Facility and was a member of the Tau Kappa Epsilon fraternity. (10) Moreover, Sgt. May served as president of the Monongalia County Sheriff's Association. (11) Sgt. May is survived by his wife, Renee; his parents, Franklin and Catherine May; his brother, Frankie May; his niece and nephew, Canon and Bryiar May; his aunts and uncles; and several cousins. (b) Designation.--The interchange of Interstate 79 at Mount Morris in Greene County is hereby designated the Sgt. Michael Todd May, Monongalia County Sheriff's Department, West Virginia, Interchange. (c) Signs.--The Department of Transportation shall install, where it deems feasible, the appropriate markers designating this interchange as the Sgt. Michael Todd May, Monongalia County Sheriff's Department, West Virginia, Interchange. Amend Bill, page 2, line 21, by striking out "2" and inserting: 3 On the question, Will the Senate agree to the amendment? It was agreed to. And the question recurring, Will the Senate agree to the bill on third consideration, as amended? SOLOBAY AMENDMENT A2411 Senator SOLOBAY offered the following amendment No. A2411: Amend Bill, page 1, line 4, by inserting after "Bridge": ; and designating the Murtland Avenue Exit from Interstates 79 and 70 onto State Route 19 in Washington, Washington County, as the Lance Corporal Ryan J. Kovacicek, USMC, Exit Amend Bill, page 2, by inserting between lines 20 and 21: Section 2. The Lance Corporal Ryan J. Kovacicek, USMC, Exit. (a) Findings and declaration.--the General Assembly finds and declares as follows: (1) Lance Corporal Ryan J. Kovacicek served during Operation Iraqi Freedom. He was assigned to the 3rd Battalion, 25th Marine Regiment, 4th Marine Division, Marine Corps Reserve, Moundsville, West Virginia, attached to Regimental Combat Team 2, 2nd Marine Division, II Marine Expeditionary Force (Forward). (2) Lance Corporal Kovacicek died on July 10, 2005, while conducting combat operations in Hit, Iraq. (b) Designation.--The Murtland Avenue Exit from Interstates 79 and 70 onto State Route 19 in Washington, Washington County, is hereby designated as the Lance Corporal Ryan J. Kovacicek, USMC, Exit. (c) Signs.--The Department of Transportation shall erect and maintain appropriate signs to indicate the designation under subsection (a). Amend Bill, page 2, line 21, by striking out "2" and inserting: 3 On the question, Will the Senate agree to the amendment? It was agreed to. Upon motion of Senator BROWNE, and agreed to by voice vote, the bill, as amended, was laid on the table. HB 925 TAKEN FROM THE TABLE Senator BROWNE. Mr. President, I move that House Bill No. 925, Printer's No. 2190, be taken from the table and placed on the Calendar. The motion was agreed to by voice vote. The PRESIDENT. The bill will be placed on the Calendar. BILLS OVER IN ORDER SB 984, HB 1112 and HB 1119 -- Without objection, the bills were passed over in their order at the request of Senator BROWNE.
790 LEGISLATIVE JOURNAL SENATE JUNE 28, BILL ON THIRD CONSIDERATION AND FINAL PASSAGE HB 1217 (Pr. No. 1580) -- The Senate proceeded to consideration An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for schedules of controlled substances. 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-50 Alloway Farnese Pileggi Vogel Argall Ferlo Rafferty Vulakovich Baker Folmer Robbins Ward Blake Fontana Scarnati Washington Boscola Gordner Schwank Waugh Brewster Greenleaf Smith White Browne Hughes Smucker Wiley Brubaker Hutchinson Solobay Williams Corman Kasunic Stack Wozniak Costa Kitchen Tartaglione Yaw Dinniman Leach Teplitz Yudichak Eichelberger McIlhinney Tomlinson Erickson Mensch 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 return said bill to the House of Representatives with information that the Senate has passed the same without amendments. BILLS OVER IN ORDER HB 1359 and HB 1478 -- Without objection, the bills were passed over in their order at the request of Senator BROWNE. BILL REREFERRED HB 1481 (Pr. No. 2160) -- The Senate proceeded to consideration An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, providing for electronic delivery of information and posting of policies and endorsements and for risk management and own risk solvency assessment. Upon motion of Senator BROWNE, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. BILL OVER IN ORDER HB 1482 -- Without objection, the bill was passed over in its order at the request of Senator BROWNE. BILL REREFERRED HB 1490 (Pr. No. 2138) -- The Senate proceeded to consideration An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, further providing for definitions, for driver certification program and for budget and fees; providing for assessment notice and hearings; further providing for fund and for transfer of money from fund; providing for fees; further providing for special funds in cities of the first class, for power of authority to issue certificates of public convenience and for restrictions; and making an appropriation. Upon motion of Senator BROWNE, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. SECOND CONSIDERATION CALENDAR BILL ON SECOND CONSIDERATION HB 22 (Pr. No. 115) -- The Senate proceeded to consideration An Act amending Title 13 (Commercial Code) of the Pennsylvania Consolidated Statutes, in transfers of funds, further providing for exclusion of consumer transactions governed by Federal law; and making an editorial change. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILL ON SECOND CONSIDERATION AND REREFERRED HB 163 (Pr. No. 2175) -- The Senate proceeded to consideration An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, in prothonotary, clerks of courts, clerk of orphans' court, register of wills, recorder of deeds, further providing for how offices to be held. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. Upon motion of Senator BROWNE, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. BILLS OVER IN ORDER SB 332 and SB 360 -- Without objection, the bills were passed over in their order at the request of Senator BROWNE. BILL ON SECOND CONSIDERATION HB 493 (Pr. No. 771) -- The Senate proceeded to consideration An Act amending the act of February 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt Enabling Act, in capital facilities, further
2013 LEGISLATIVE JOURNAL SENATE 791 providing for definitions, for legislative procedures, for reports related to redevelopment assistance capital projects and for appropriations and limitations on projects; providing for review of proposals; and further providing for funding and administration of projects. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 497 and SB 551 -- Without objection, the bills were passed over in their order at the request of Senator BROWNE. BILL ON SECOND CONSIDERATION HB 602 (Pr. No. 2020) -- The Senate proceeded to consideration An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for definitions and for prohibited acts and penalties; and providing for ephedrine and pseudoephedrine and electronic tracking. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER HB 668, HB 669, SB 684, SB 699 and SB 813 -- Without objection, the bills were passed over in their order at the request of Senator BROWNE. BILL ON SECOND CONSIDERATION AND REREFERRED SB 838 (Pr. No. 1302) -- The Senate proceeded to consideration An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, in fiscal affairs, providing for authorization of five percent hotel tax in certain counties of the fourth class. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. Upon motion of Senator BROWNE, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Appropriations. BILLS OVER IN ORDER SB 901, SB 902 and SB 975 -- Without objection, the bills were passed over in their order at the request of Senator BROWNE. BILL LAID ON THE TABLE SB 994 (Pr. No. 1209) -- The Senate proceeded to consideration An Act providing for the creation of a major watershed improvement program, for establishment of a verified TMDL parameter credit program, for the powers and duties of the Department of Environmental Protection and the Pennsylvania Infrastructure Investment Authority and for completion of a study by the Legislative Budget and Finance Committee. Upon motion of Senator BROWNE, and agreed to by voice vote, the bill was laid on the table. SB 994 TAKEN FROM THE TABLE Senator BROWNE. Mr. President, I move that Senate Bill No. 994, Printer's No. 1209, be taken from the table and placed on the Calendar. The motion was agreed to by voice vote. The PRESIDENT. The bill will be placed on the Calendar. BILLS OVER IN ORDER SB 1013, SB 1030, SB 1040 and SB 1042 -- Without objection, the bills were passed over in their order at the request of Senator BROWNE. BILLS ON SECOND CONSIDERATION HB 1121 (Pr. No. 1370) -- The Senate proceeded to consideration An Act designating the bridge that carries Seventh Street on State Route 611 over Interstate 80 in Stroudsburg Borough, Monroe County, as the Sheriffs Forrest B. Sebring and Todd A. Martin Bridge. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. HB 1177 (Pr. No. 2063) -- The Senate proceeded to consideration An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, further providing for initiative of electors seeking consolidation or merger with new home rule charter. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER HB 1438, HB 1439, HB 1440, HB 1480 and HB 1483 -- Without objection, the bills were passed over in their order at the request of Senator BROWNE. COMMUNICATIONS FROM THE GOVERNOR REPORTED 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 Governor of the Commonwealth, which were read by the Clerk as follows:
792 LEGISLATIVE JOURNAL SENATE JUNE 28, JUSTICE, SUPREME COURT OF PENNSYLVANIA To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 14, 2013 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Honorable Correale F. Stevens, 300 Laurel Professional Building, Hazleton 18202, Luzerne County, Fourteenth Senatorial District, for appointment as Justice, Supreme Court of Pennsylvania, to serve until the first Monday of January 2016, vice The Honorable Joan Orie Melvin, resigned. TOM CORBETT Governor MEMBER OF THE PENNSYLVANIA TURNPIKE COMMISSION To the Honorable, the Senate of the Commonwealth of Pennsylvania: June 14, 2013 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Honorable Sean Logan, 1135 Balkan Drive, Pittsburgh 15239, Allegheny County, Forty-fifth Senatorial District, for appointment as a member of the Pennsylvania Turnpike Commission, to serve for a term of four years or until his successor is appointed and qualified, vice The Honorable J. William Lincoln, Connellsville, resigned. TOM CORBETT Governor 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. UNFINISHED BUSINESS BILLS REPORTED FROM COMMITTEES Senator VANCE, from the Committee on Committee on Public Health and Welfare, reported the following bill: SB 555 (Pr. No. 1315) (Amended) An Act establishing the Health Advisory Panel on Shale Gas Extraction and Natural Gas Use; and providing for its powers and duties. Senator PILEGGI, from the Committee Rules and Executive Nominations, reported the following bill: SB 304 (Pr. No. 1210) (Rereported) (Concurrence) An Act amending Titles 15 (Corporations and Unincorporated Associations) and 54 (Names) of the Pennsylvania Consolidated Statutes, in Title 15, making extensive revisions, additions and deletions to preliminary material on general provisions; to corporation material on general provisions, on incorporation, on corporate powers, duties and safeguards, on officers, directors and shareholders, on fundamental changes, on registered corporations, on insurance corporations, on benefit corporations, on foreign business corporations, on incorporation and on foreign nonprofit corporations; to material on limited liability companies; to material on unincorporated associations; and to material on business trusts; in Title 54, further providing for general provisions and for corporate and other association names; and making related repeals. Senator CORMAN, from the Committee on Appropriations, reported the following bills: HB 784 (Pr. No. 2158) (Rereported) An Act providing for permit extensions; and making a repeal. HB 1190 (Pr. No. 2090) (Rereported) An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, in licensing of health care facilities, further providing for definitions, for administration, for licensure, for term and content of license and for reliance on accrediting agencies and Federal Government; and providing for reliance on national accreditation organizations for hospitals. HB 1275 (Pr. No. 2155) An Act making appropriations from the Professional Licensure Augmentation Account and from restricted revenue accounts within the General Fund to the Department of State for use by the Bureau of Professional and Occupational Affairs in support of the professional licensure boards assigned thereto. HB 1276 (Pr. No. 1639) An Act making an appropriation from a restricted revenue account within the General Fund to the Office of Small Business Advocate in the Department of Community and Economic Development. HB 1277 (Pr. No. 1999) An Act making an appropriation from the State Employees' Retirement Fund to provide for expenses of the State Employees' Retirement Board for the fiscal year July 1, 2013, to June 30, 2014, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2013. HB 1278 (Pr. No. 2000) An Act making an appropriation from the Public School Employees' Retirement Fund to provide for expenses of the Public School Employees' Retirement Board for the fiscal year July 1, 2013, to June 30, 2014, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2013. HB 1279 (Pr. No. 2001) An Act making appropriations from the Workmen's Compensation Administration Fund to the Department of Labor and Industry and the Department of Community and Economic Development to provide for the expenses of administering the Workers' Compensation Act, The Pennsylvania Occupational Disease Act and the Office of Small Business Advocate for the fiscal year July 1, 2013, to June 30, 2014, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2013. HB 1280 (Pr. No. 1643) An Act making an appropriation from a restricted revenue account within the General Fund to the Office of Consumer Advocate in the Office of Attorney General.
2013 LEGISLATIVE JOURNAL SENATE 793 HB 1281 (Pr. No. 1644) An Act making appropriations from a restricted revenue account within the General Fund and from Federal augmentation funds to the Pennsylvania Public Utility Commission for the fiscal year July 1, 2013, to June 30, 2014, and for the fiscal year July 1, 2012, to June 30, 2013. HB 1282 (Pr. No. 1645) An Act making appropriations from the restricted revenue accounts within the State Gaming Fund and from the State Gaming Fund to the Pennsylvania Gaming Control Board, the Department of Revenue, the Pennsylvania State Police and the Attorney General for the fiscal year beginning July 1, 2013, to June 30, 2014, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2013. BILL REPORTED FROM COMMITTEE AND REREFERRED Senator VANCE, from the Committee on Public Health and Welfare, reported the following bill: HB 1075 (Pr. No. 2189) (Amended) (Rereported) An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, changing the name of the Department of Public Welfare to the Department of Human Services and providing for a transition period; in general powers and duties of the Department of Public Welfare, further providing for county human services consolidated planning and reporting; in public assistance, further providing for medical assistance payments for institutional care and for medical assistance benefit packages, coverage, copayments, premiums and rates; in children and youth, further providing for payments to counties for services to children and providing for provider submissions; in intermediate care facilities assessments, further providing for time periods and making editorial changes; in hospital assessments, further providing for authorization and for time period; in Statewide quality care assessment, further defining "net inpatient revenue," providing for implementation, for administration, for limitations and for expiration; in Pennsylvania Trauma Systems Stabilization, further providing for funding; in kinship care, further providing for scope and for definitions; providing for family finding; and, in human services block grant pilot program, further providing for establishment of human services block grant pilot program, for powers and duties of the department, for powers and duties of counties, for allocation and for use of block grant funds. Upon motion of Senator BROWNE, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations. SENATE RESOLUTIONS ADOPTED Senators LEACH, FERLO, WOZNIAK, WASHINGTON, TEPLITZ, STACK, FONTANA, DINNIMAN, ERICKSON, GREENLEAF, RAFFERTY, PILEGGI, SMITH, BAKER, COSTA, HUGHES, BOSCOLA, WHITE, TARTAGLIONE and SOLOBAY, by unanimous consent, offered Senate Resolution No. 179, entitled: A Resolution designating the month of June 2013 as "Macular Degeneration Awareness Month" and recognizing the Macula Vision Research Foundation for its efforts. Which was read, considered and adopted by voice vote. Senator BROWNE, by unanimous consent, offered Senate Resolution No. 180, entitled: A Resolution designating September 25, 2013, as "International Ataxia Awareness Day" in Pennsylvania. Which was read, considered, and adopted by voice vote. Senators ARGALL, RAFFERTY, WOZNIAK, FERLO, SMITH, TEPLITZ, STACK, GREENLEAF, ERICKSON, DINNIMAN, TARTAGLIONE, WHITE, FONTANA, BREWSTER, COSTA, PILEGGI, ALLOWAY, SOLOBAY, MENSCH and BRUBAKER, by unanimous consent, offered Senate Resolution No. 181, entitled: A Resolution recognizing August 19, 2013, as the 75th anniversary of "National Aviation Day" in Pennsylvania. Which was read, considered and adopted by voice vote. BILLS ON FIRST CONSIDERATION Senator TOMLINSON. 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 555, HB 1275, HB 1276, HB 1277, HB 1278, HB 1279, HB 1280, HB 1281 and HB 1282. And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. 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 Gettysburg College Chapter of Phi Delta Theta Fraternity by Senator Alloway. Congratulations of the Senate were extended to Jarrius Elijah Hummel by Senator Browne. Congratulations of the Senate were extended to citizens of Chestnuthill Township by Senators Browne and Argall. Congratulations of the Senate were extended to David Davies and to Doug Heilman by Senator Brubaker. Congratulations of the Senate were extended to Saint Matthew's Lutheran Church of Mount Carmel by Senator Gordner. Congratulations of the Senate were extended to Mr. and Mrs. Eugene Doria by Senator Kasunic. Congratulations of the Senate were extended to Grant N. Smith and to James W. Steele by Senator Robbins. Congratulations of the Senate were extended to Ann Pasternak, Vivian Pagano, Margaret Marie Guiher, Roy Tohms and to Roxie Irene Pierce by Senator White. Congratulations of the Senate were extended to Mr. and Mrs. John J. Szybist, Mr. and Mrs. John Miller, Austin Cohen, Mercedes Spickerman, Canton Junior/Senior High School Baseball Team, Northeast Bradford High School Softball Team and to Northeast Bradford Junior/Senior High School Boys' Cross Country Team by Senator Yaw.
794 LEGISLATIVE JOURNAL SENATE JUNE 28, 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 James Manley by Senator Yudichak. Condolences of the Senate were extended to the family of the late Mary Lynn Tarbuck by Senator Solobay. PETITIONS AND REMONSTRANCES Allegheny, Senator Fontana. Senator FONTANA. Mr. President, I rise today to briefly discuss a situation that has arisen not only in my district, but throughout Pennsylvania. Mr. President, we cannot continue to ignore the plight of distressed school districts. We cannot continue to tell ourselves that we are holding the line on taxes in Harrisburg while funding policies that are causing massive property tax hikes at home. We cannot continue to blame teachers and underprivileged kids for lackluster academics when funding policies have left public schools high and dry. This administration's funding cuts have given our schools no choice. To make ends, school boards are laying off teachers; crowding kids into classrooms; cutting music, sports, and electives; using tattered and antiquated textbooks; and taxing people on fixed incomes out of their homes. Just last night, Mr. President, the Sto-Rox School District announced more furloughs and more program cuts, and this is not the first time the district had to go down this road. Mr. President, you can contribute it to the loss of stimulus dollars, if you want, but that does not help the districts absorb a nearly million-dollar State funding cut, or the loss of $1.3 million in subsidies. Sto-Rox and other struggling districts have had to empty their reserve funds. They rely on shrinking local tax and property tax bases to try to make up what the State has taken away. If you talk to local school administrators from these districts, they tell you that their fixed costs make it impossible to implement the kinds of cutbacks that would have nullified the Corbett funding cuts. Adding insult to injury, Mr. President, they will also tell you that the State's lopsided charter school funding formula is bleeding them dry. Sto-Rox had to pay out over $3 million to charter schools last year. Mr. President, regardless of whom you choose to blame for the huge cut in State support, we cannot continue to ignore the problem. We cannot continue to tell financially distressed schools like Sto-Rox, Aliquippa, McKeesport, Chester, and Harrisburg that they are on their own. They are trying to educate their children, but no longer have a local tax base capable of shouldering a larger share of the funding burden. Most of them are nearing financial collapse. They have no means to raise the money locally, they have already cut educational programs to the bone, and no one wants to merge with them. Surrounding districts have no interest in inheriting educationally deprived kids from rust-belt towns that this administration refuses to give a fighting chance. Mr. President, we need to take a good look at how we fund our schools. It is time we recognize this crisis and begin to provide adequate resources and tangible support. It is time we revisit the charter and cyber school funding formulas and take a good, hard look at how it impacts school budgets. It is time we take a good look at our schools that are in financial peril. Thank you, Mr. President. Allegheny, Senator Ferlo. Senator FERLO. Mr. President, I know in a little while, after much contentious debate and dialogue and discourse for what seems like this past year, there may be some monumental decision relative to the disposition of our State Store system, our public trust that has served the Commonwealth very well for many decades. In the interest of time, because I do not know how much debate and discussion there will be later with the flurry of amendments that may spring forward from the aisle opposite or our own proposal, an amendment on modernization, so I will defer, but I think it is important that the public begins to understand the critical debate. As is typical with the legislature the last 10 years that I have been here, it always seems that when things are very controversial and contentious and we really do not want the public to be fully aware or apprised of the complicated debate and all the points of discussion, it seems that oftentimes we wait until the final hours of a Session, usually late into the evening, to do this work, to do the dirty work, to some extent, so that people are not really aware of what is going on. So I am a little bit disappointed that once again we find ourselves at the eleventh hour trying to make some very difficult decisions. This has become even more complicated because unlike legislative bodies at the local level where you introduce an ordinance, there is an intelligent debate, there is a public hearing, there is discourse, there is dialogue, and then local municipal governments usually at some point will finally make a decision usually within a few weeks, and they do allow for a forum of public hearings. I want to thank Chairman McIlhinney of the Committee on Law and Justice, the Majority chairman, and myself, being the Minority chair. He took great time, to his credit, to conduct a series of public hearings, three or four sessions, if I am not mistaken. They were obviously very well attended. It seems one or two sentences of an intemperate comment that I made in my frustration with the thought that folks will end up working for convenience store wages, which is certainly upsetting to me, got significant news coverage. It is kind of interesting that what did not get significant news coverage was the actual extensive discussion and dialogue and facts that were presented by a plethora of proponents of maintaining the current State Store system to a modernization plan. Individuals, rightfully and in very eloquent statements, made clear the hodgepodge proposal that seems to be emanating from the majority of our colleagues on the aisle opposite on this simplistic ideological notion, that somehow we need to condemn the workers in our great State Store system and basically find every minor and major point to criticize, all trying to convince the public that so-called privatization is the greatest thing since sliced bread, when the facts suggest otherwise. Mr. President, I think it is important to note that in just the last few weeks, because of a very complicated, confusing, and contradictory amendment that we will discuss later, and in the essence of the initial bill itself on privatization that is being offered by the Senators in the Majority here today, many, many groups, many small businesses, many folks who have traditionally gained respect in these Chambers have come out very strenuously and very strongly in opposition to what is being done here
2013 LEGISLATIVE JOURNAL SENATE 795 today with this rush toward privatization. Certainly, first and foremost, would be the proud leadership that represents the hardworking members of the United Food & Commercial Workers Union. I always find it interesting that when you have organizations that represent corporate and big business, like the Commonwealth Foundation, who we have no sense of where their revenue comes from or where their contributions come from--i heard a show recently on PCN where one of the spokeswomen made it very clear that it is nobody's business, that they are a private organization. Whereas the UFCW very proudly represents the men and women in the State Store system. They should not hide or shirk from that duty and responsibility. They have great leadership, and they are proud to represent these men and women. With an administration that has already lost and basically sent to the graveyard over 17,000 public schoolteachers, I think it is great that we have a union that is standing up and fighting for the men and women to maintain their family-sustaining, family-supporting jobs. Why would we want to usher in a system where most likely individuals will move toward minimum wage jobs? Including the infamous Sheetz, which I believe starts out at $8.01 an hour, and they may be even better on the pay scale. But the fact of the matter is, many of us and my constituents do not want to see the proliferation of alcohol at gas stations, grocery stores, and convenience stores, and that is what unfortunately our colleagues may be forced to vote on later today. So they proudly represent their members, and that is their job, and I think the public should heed their concerns and be sympathetic and align our interests together. They pointed out very clearly that this puts at risk not only their jobs and employment, but the LCB itself which will soon break the $1 billion revenue mark. Clearly, my colleague on the aisle opposite, the Majority chairman of the Committee on Law and Justice, his proposal will cost taxpayers more than $370 million in lost tax revenue, an additional $360 million in taxpayer-subsidized giveaways to big chain retailers. Make no mistake about it, for the party that is in the Majority, who has long held that it is the savior of the small business community, nothing could be further from the truth because they are about to wipe out thousands of individuals and families who have invested their life savings. Beer distributors, restaurants, taverns, all will be faced with detrimental and significant impact if this so-called privatization plan were to actually become law. We have men and women who are managers of our State Store system, and again, they have no reason to hide behind their philosophy or their vision in representing the interest of their members. These are individuals who work very hard and managers who manage a multitude of various issues, not just personnel, but are strong individuals who have given the public great service, and they should be proudly respected by this Chamber. Very clearly, they are concerned, as they always have been, members of the independent State Store union, they are not concerned solely with their jobs, which is important, but are concerned about the proliferation of alcohol throughout our great Commonwealth and some of the detrimental and difficult realities that take hold as a result of alcohol abuse. We certainly cannot begin to calculate the costs of healthcare for our Commonwealth as a result of the plague of abuse of alcohol. So, they are an important partner in what happens going forward. The malt beverage distributors came out very strongly in that hearing in opposition, and they make it very clear that the House and the Senate version of so-called privatization would allow convenience stores, big-box retailers, and even truck stops to sell alcoholic beverages. I appreciate their leadership and opposition to this bill. The Pennsylvania Restaurant & Lodging Association had very specific criticisms which were discussed at the public hearing. Again, I draw these out because it is not clear to me there is much media attention given to the actual dialogue and discussions that we have had for the last several weeks. Obviously, the coalition of public sector unions, among others, the CLEAR Coalition, proudly stand together because there is a lot to be said about solidarity with this administration. Teachers should be in solidarity with State Store workers. PennDOT workers and AFSCME members should stand strong with their sisters and brothers from other unions. Working people in general across our great Commonwealth, many of whom do not have the protections of a union, who do not have the benefits, who do not make the wages and benefits that are accrued as a result of collective bargaining. Millions of people across this State are becoming more and more poor. We are wiping out the middle class in this Commonwealth and we are wiping out the middle class across our nation. I have oftentimes said that our country is going to heck in a handbasket. The fact of the matter is people are getting richer and richer and there is a dwindling and disappearing middle class. Why would we, who have taken an oath to advance the benefits of the quality of life of the people we represent, want to join those at the top of the corporate ladder - CEOs who make 400 times what an average worker makes? Why are we not coming to the defense of the constituents we represent and protect jobs? Whether they are public sector jobs or not, we should be fighting each and every day for jobs and for building the middle class. You know, at some point the rich people in this world and the corporate leaders will wake up and say, holy smoke, there are only a few of us rich folks left and nobody is here to do the work, nobody is here to pay the taxes, nobody is here to put the food on the table. What is going on in this country? We should not be contributing to this economic decay that is happening in this country due to basic corporate greed. We need to wake up each and every day with one thought in mind, and that is how can we rebuild the middle class in this country? That should be the goal of every one of us each and every day. So, the CLEAR Coalition should be commended. We should put a medal on each one of them for standing up and fighting for working people, because they fight for working people who have the benefit of collective bargaining, but they fight each and every day for all working people. Every time a collective bargaining working-class person wins a benefit, that benefit helps nonunion white-collar workers. That has been true since the beginning of the labor movement in this country. A rising tide lifts all ships, and why the Republican Majority on the aisle opposite wants to destroy small businesses and destroy the livelihoods of working people is just nonsensical and counterproductive, if not mean-spirited. We heard from many private sector individuals who came to those hearings. We heard from the F.O.P., those men and women in law enforcement who are loathe to have to deal with the social consequences of liquor being sold at gas stations. Is that what we want to do? Is this what we are elected for? Forty percent of our