COMMONWEALTH OF PENNSYLVANIA Legislative Journal MONDAY, OCTOBER 2, 2017 SESSION OF 2017 201ST OF THE GENERAL ASSEMBLY No. 54 SENATE MONDAY, October 2, 2017 The Senate met at 2:30 p.m., Eastern Daylight Saving Time. FROM: RE: Senator JOE SCARNATI President Pro Tempore Recall to Session Monday, October 2, 2017, 2:00 p.m. The PRESIDENT (Lieutenant Mike Stack) in the Chair. PRAYER The following prayer was offered by Hon. MEGAN MAR- TIN, Secretary of the Senate: Let us pray. Heavenly Father, we come to You today with heavy hearts on the heels of another senseless tragedy in our nation. There is so much hatred in our world these days, Lord, it has to end. We all must do our part. Help us emulate kindness, tolerance, and decency; help us lead by example. Lord, help us to be apostles of peace. In the words of Saint Francis, Lord, make me an instrument of Your peace. Where there is hatred, let me sow love. Where there is injury, pardon. Where there is doubt, faith. Where there is despair, hope. Where there is darkness, light. And where there is sadness, joy. Let us live these words this day and all days in all that we do. Amen. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) STATEMENT BY THE PRESIDENT The PRESIDENT. I take this moment to follow up on Secretary Martin's prayer and ask that we now have a moment of silence in the Senate to recall the victims, families, and the brave first responders in the senseless shooting in Las Vegas. The Senate will now observe a moment of silence to remember all of those brave individuals on this senseless occasion. (Whereupon, the Senate en bloc stood in a moment of silence in solemn respect of the memory of the individuals who lost their lives in the shooting in Las Vegas on October 1, 2017.) GENERAL COMMUNICATION RECALL OF REGULAR SESSION The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: TO: SENATE OF PENNSYLVANIA President and All Members of the Senate September 28, 2017 Consistent with the recess motion made on September 20, the Senate is recalled for session on Monday, October 2, 2017, at 2:00 p.m. COMMUNICATIONS FROM THE GOVERNOR 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 PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD In accordance with the power and authority vested in me as 28, 2017, of Stephen A. Latanishen (Public Member), 115 North Street, Harrisburg 17101, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the Pennsylvania Drug, Device and Cosmetic Board, 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 Susan Williams, Clearfield, whose term expired. MEMBER OF THE PENNSYLVANIA MINORITY BUSINESS DEVELOPMENT AUTHORITY In accordance with the power and authority vested in me as 28, 2017, of Elise Claire Schell, 1506 Penn Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the Pennsylvania Minority Business Development Authority, to serve until June 2, 2022, and until her successor is appointed and qualified, vice Radu Gherghel, Orwigsburg, resigned.
968 LEGISLATIVE JOURNAL SENATE OCTOBER 2, MEMBER OF THE STATE BOARD OF PHYSICAL THERAPY In accordance with the power and authority vested in me as 28, 2017, of Stephen A. Latanishen, 115 North Street, Harrisburg 17101, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the State Board of Physical Therapy, to serve until October 2, 2020, and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Norman Johnson, Pittsburgh, whose term expired. MEMBER OF THE STATE BOARD OF PHYSICAL THERAPY In accordance with the power and authority vested in me as 28, 2017, of Mary K. Topper, Esquire, 922 North Third Street, Apartment 311, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the State Board of Physical Therapy, to serve until October 2, 2020, and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Marybeth Lehman, Indiana, whose term expired. MEMBER OF THE STATE REAL ESTATE COMMISSION In accordance with the power and authority vested in me as 28, 2017, of Thomas J. Yablonski, Jr. (Public Member), 1408 Rose Lane, Mechanicsburg 17055, Cumberland County, Thirty-first Senatorial District, for appointment as a member of the State Real Estate Commission, to serve for a term of five years, and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Joyce Haas, State College, resigned. MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS In accordance with the power and authority vested in me as 23, 2017, of Elise Claire Schell, 1506 Penn Street, Harrisburg 17102, Dauphin County, Fifteenth 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 her successor is appointed and qualified, but not longer than six months beyond that period, vice Lance Alexander, Blairsville, whose term expired. MEMBER OF THE STATE BOARD OF VETERINARY MEDICINE In accordance with the power and authority vested in me as 28, 2017, of Elise Claire Schell (Public Member), 1506 Penn Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the State Board of Veterinary Medicine, 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 Meredith Odato Graham, Pittsburgh, whose term expired. MAGISTERIAL DISTRICT JUDGE In accordance with the power and authority vested in me as 28, 2017, and corrected on July 6, 2017, of Elise Claire Schell, 1506 Penn Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as Magisterial District Judge, in and for the County of Huntingdon, Magisterial District 20-3-04, to serve until the first Monday of January 2018, vice the Honorable Mary G. Jamison, resigned. NOMINATION REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the of the Commonwealth, which was read as follows and referred to the Committee on Rules and Executive Nominations:
2017 LEGISLATIVE JOURNAL SENATE 969 SECRETARY OF HEALTH September 27, 2017 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Thomas J. Yablonski, Jr., 1408 Rose Lane, Mechanicsburg 17055, Cumberland County, Thirty-first Senatorial District, for appointment as Secretary of Health, to serve until the third Tuesday of January 2019, and until his successor is appointed and qualified, vice the Honorable Karen Murphy, Clarks Summit, resigned. 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: MEMBER OF THE BOARD OF CLAIMS October 2, 2017 Please note that the letter dated June 23, 2017, for the nomination of Gregory Fajt, 451 South Meadowcroft Avenue, Pittsburgh 15228, Allegheny County, Thirty-seventh Senatorial District, for appointment as a member of the Board of Claims, to serve until November 15, 2024, and until his successor is appointed and qualified, vice Andrew Sislo, Flourtown, whose term expired, should be corrected to read: Gregory Fajt, 451 South Meadowcroft Avenue, Pittsburgh 15228, Allegheny County, Thirty-seventh Senatorial District, for appointment as a member of the Board of Claims, to serve until November 15, 2024, and until his successor is appointed and qualified, vice Andrew Sislo, Flourtown, resigned. MEMBER OF THE PENNSYLVANIA LABOR RELATIONS BOARD October 2, 2017 Please note that the letter dated July 6, 2017, for the nomination of James Darby, 409 West Walnut Street, Lancaster 17603, Lancaster County, Thirteenth Senatorial District, for appointment as a member of the Pennsylvania Labor Relations Board, to serve until June 2, 2021, and until his successor is appointed and qualified, vice L. Dennis Martire, McDonald, whose term expired, should be corrected to read: James Darby, 409 West Walnut Street, Lancaster 17603, Lancaster County, Thirteenth Senatorial District, for appointment as a member of the Pennsylvania Labor Relations Board, to serve until June 2, 2021, and until his successor is appointed and qualified, vice L. Dennis Martire, McDonald, resigned. MEMBER OF THE BOARD OF TRUSTEES OF THADDEUS STEVENS COLLEGE OF TECHNOLOGY October 2, 2017 Please note that the letter dated July 6, 2017, for the nomination of Paul Hoffer, 340 Rock Hill Road, Lancaster 17551, Lancaster County, Thirteenth Senatorial District, for reappointment as a member of the Board of Trustees of Thaddeus Stevens College of Technology, to serve until January 19, 2021, and until his successor is appointed and qualified, should be corrected to read: Paul Hoffer, 340 Rock Hill Road, Millersville 17551, Lancaster County, Thirteenth Senatorial District, for reappointment as a member of the Board of Trustees of Thaddeus Stevens College of Technology, to serve until January 19, 2021, and until his successor is appointed and qualified. BILLS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk: September 25, 2017 Senators DINNIMAN, DiSANTO, MARTIN, McGARRIGLE, BLAKE, KILLION, BREWSTER, FOLMER, COSTA and WARD presented to the Chair SB 890, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in preliminary provisions, providing for excusal of children from assessments. Which was committed to the Committee on EDUCATION, September 25, 2017. Senators RESCHENTHALER, ARGALL, KILLION, RAF- FERTY, YUDICHAK, BOSCOLA, REGAN, GORDNER, FONTANA, SCARNATI, MENSCH, BROWNE, HAYWOOD, EICHELBERGER, FOLMER, VULAKOVICH, VOGEL, BARTOLOTTA and WARD presented to the Chair SB 892, entitled: An Act amending the act of December 16, 1986 (P.L.1646, No.188), known as the Chiropractic Practice Act, in licensure and regulation, further providing for license required. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, September 25, 2017. Senator WHITE presented to the Chair SB 894, entitled: An Act designating a portion of State Route 2005 in Saxonburg Borough, Butler County, as the Chief Gregory B. Adams Way. Which was committed to the Committee on TRANSPORTA- TION, September 25, 2017. Senators RAFFERTY, ALLOWAY, YUDICHAK, GORDNER, RESCHENTHALER, HUTCHINSON and BLAKE presented to the Chair SB 895, entitled:
970 LEGISLATIVE JOURNAL SENATE OCTOBER 2, An Act amending the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, further providing for the State Board of Medicine and for physician assistants. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, September 25, 2017 Senators RAFFERTY, ALLOWAY, YUDICHAK, GORDNER, RESCHENTHALER, HUTCHINSON and BLAKE presented to the Chair SB 896, entitled: An Act amending the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, further providing for State Board of Osteopathic Medicine and for licenses, exemptions, nonresident practitioners, graduate students, biennial registration and continuing medical education. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, September 25, 2017. Senators STEFANO, BOSCOLA, BROWNE, MENSCH, RAFFERTY, EICHELBERGER, FOLMER and MARTIN presented to the Chair SB 897, entitled: An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in authorized disposition of offenders, further providing for restitution for injuries to person or property; and, in sentencing, further providing for victim impact statements. Which was committed to the Committee on JUDICIARY, September 25, 2017. Senators BROOKS, EICHELBERGER, HUTCHINSON, VOGEL, McILHINNEY and WARD presented to the Chair SB 898, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in size, weight and load, further providing for restrictions on use of highways and bridges. Which was committed to the Committee on TRANSPORTA- TION, September 25, 2017. Senators BOSCOLA and BROWNE presented to the Chair SB 900, entitled: An Act authorizing the transfer of title for certain Project 70 lands owned by Lehigh County to Whitehall Township, Lehigh County. Which was committed to the Committee on STATE GOV- ERNMENT, September 25, 2017. September 26, 2017 Senators DINNIMAN, RAFFERTY, COSTA, TARTAGLIONE and WARD presented to the Chair SB 889, entitled: An Act amending the act of June 28, 1935 (P.L.477, No.193), referred to as the Enforcement Officer Disability Benefits Law, further providing for disability benefits. Which was committed to the Committee on LABOR AND INDUSTRY, September 26, 2017. Senators ARGALL, BROOKS, MARTIN, SCARNATI, RAF- FERTY, RESCHENTHALER, FOLMER, AUMENT, KILLION, BARTOLOTTA, GORDNER, WHITE, WARD, REGAN and WAGNER presented to the Chair SB 891, entitled: An Act amending the act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law, in pharmaceutical assistance for the elderly, further providing for income verification. Which was committed to the Committee on AGING AND YOUTH, September 26, 2017. Senators DINNIMAN and YUDICHAK presented to the Chair SB 893, entitled: An Act amending the act of December 15, 1971 (P.L.596, No.160), known as the Outdoor Advertising Control Act of 1971, further providing for control criteria for size, spacing and lighting. Which was committed to the Committee on TRANSPORTA- TION, September 26, 2017. Senators MENSCH, BROWNE, BAKER, VULAKOVICH, RAFFERTY, VOGEL, WARD, KILLION, COSTA, HAYWOOD, YUDICHAK, BREWSTER and BOSCOLA presented to the Chair SB 899, entitled: An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, providing for older adult protective services and imposing penalties; and making a related repeal. Which was committed to the Committee on AGING AND YOUTH, September 26, 2017. Senators FOLMER, MENSCH, VULAKOVICH, MARTIN, DiSANTO, STEFANO, BROWNE and AUMENT presented to the Chair SB 901, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for a small business health savings account tax credit. Which was committed to the Committee on FINANCE, September 26, 2017. Senators FOLMER, MENSCH, VULAKOVICH, MARTIN, DiSANTO, STEFANO, BROWNE and AUMENT presented to the Chair SB 902, entitled: An Act authorizing employees of the Commonwealth and political subdivisions to establish health savings accounts; and providing for the requirements of health savings accounts and for tax exemption under certain circumstances. Senators FOLMER, MENSCH, MARTIN and STEFANO presented to the Chair SB 903, entitled: An Act providing for the expiration of certain State-mandated health care insurance benefits and the provisions of certain acts that impose mandatory covered providers and covered persons; and requiring the Health Care Cost Containment Council to submit a periodic report to the General Assembly. Senators FOLMER, MENSCH, VULAKOVICH, MARTIN and STEFANO presented to the Chair SB 904, entitled: An Act providing for the expiration of certain State-mandated health care insurance benefits and the provisions of certain acts that
2017 LEGISLATIVE JOURNAL SENATE 971 impose mandatory covered providers and covered persons on qualified high deductible health plans; and requiring the Health Care Cost Containment Council to submit a periodic report to the General Assembly. Senators FOLMER, MENSCH, VULAKOVICH, MARTIN, DiSANTO, STEFANO, BROWNE and AUMENT presented to the Chair SB 905, entitled: An Act authorizing the purchase of health insurance from out-of- State insurers. Senators FOLMER, MENSCH, VULAKOVICH, MARTIN, STEFANO, BROWNE and AUMENT presented to the Chair SB 906, entitled: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in personal income taxation, providing for a credit against unreimbursed qualified health insurance premium payments. Which was committed to the Committee on FINANCE, September 26, 2017. Senators FOLMER, MENSCH, VULAKOVICH, MARTIN, STEFANO, BROWNE and AUMENT presented to the Chair SB 907, entitled: An Act establishing the Pennsylvania High-Risk Health Insurance Pool, the Pennsylvania High-Risk Health Insurance Pool Fund and the State Comprehensive Health Insurance Pool Board; providing for the powers and duties of the pool and the board, for selection of administering insurer and for payment of plan costs; and prescribing plan benefits. Senators FOLMER, MENSCH, MARTIN and STEFANO presented to the Chair SB 908, entitled: An Act amending the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, in insurance, further providing for medical professional liability insurance and for the Medical Care Availability and Reduction of Error Fund; and, in miscellaneous provisions, establishing the Health Care Provider Rate Stabilization Fund. Senators FOLMER, MENSCH, VULAKOVICH, MARTIN and STEFANO presented to the Chair SB 909, entitled: An Act amending Title 40 (Insurance) of the Pennsylvania Consolidated Statutes, in general provisions, providing for health insurance coverage not required. Senators HAYWOOD, LEACH, WILLIAMS, COSTA, SCHWANK, BROWNE, HUGHES and TARTAGLIONE presented to the Chair SB 910, entitled: An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in assault, further providing for the offense of terroristic threats and for the offense of terrorism and providing for the offense of harboring or concealing terrorists; and, in limitation of time, further providing for no limitation applicable. Which was committed to the Committee on JUDICIARY,. Senators HAYWOOD, LEACH, WILLIAMS, COSTA, SCHWANK, BROWNE, HUGHES and TARTAGLIONE presented to the Chair SB 911, entitled: An Act amending the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, in preliminary provisions, further providing for definitions. Which was committed to the Committee on JUDICIARY,. HOUSE MESSAGES HOUSE BILLS FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committees indicated: September 26, 2017 HB 555, 1510, 1602 and 1608 -- Committee on Transportation. HB 1095 -- Committee on State Government. HB 1444 -- Committee on Transportation. HB 1594 -- Committee on Consumer Protection and Professional Licensure. RESOLUTIONS FROM THE STATE OF ARIZONA The PRESIDENT laid before the Senate the following resolutions from the Secretary of State of the State of Arizona, which were read by the Clerk as follows: Chief Clerk of the Senate Pennsylvania State Senate 89E Capitol East Wing Harrisburg, PA 17120 Dear Presiding Officer: STATE OF ARIZONA Office of the Secretary of State 1700 West Washington Street, Floor 7 Phoenix, Arizona 85007-2808 September 18, 2017 The Fifty-third Legislature - First Regular Session of the State of Arizona, passed HCR 2010, HCR 2013, and HCR 2022 and filed it in my office on March 28, 2017. Pursuant to the resolutions, I am transmitting to you a copy of each. Sincerely, MICHELE REAGAN Arizona Secretary of State
972 LEGISLATIVE JOURNAL SENATE OCTOBER 2, HOUSE CONCURRENT RESOLUTION 2022 A CONCURRENT RESOLUTION PROVIDING FOR THE SELECTION AND INSTRUCTION OF COMMISSIONERS AND FOR A PLANNING CONVENTION RE- GARDING AN ARTICLE V CONVENTION FOR PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES. WHEREAS, Article V of the Constitution of the United States provides that on receipt of applications from two-thirds of the legislatures of the several states, Congress shall call a convention of the states for proposing amendments; and WHEREAS, the Legislature of the State of Arizona determines that a significant number of states have passed resolutions applying for a convention of states to propose amendments pursuant to Article V of the Constitution of the United States, thereby rendering it appropriate to select and instruct commissioners to any such convention; and WHEREAS, it appears that two-thirds of the states soon will have applied for a convention limited to proposing an amendment to the Constitution of the United States to add a requirement that the federal government balance its budget; and WHEREAS, in its call, Congress will be required to specify an initial time and place for the meeting of such a convention for proposing amendments; and WHEREAS, it is appropriate for the state legislatures to prepare for the convention and to recommend to Congress an initial time and place for the convention; and WHEREAS, a convention of the states called by the state legislature and consisting of commissioners authorized by other state legislatures can be an effective way of considering and recommending solutions to common problems. THEREFORE Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring: 1. That, if a convention for proposing an amendment to the Constitution of the United States is called by Congress pursuant to Article V of the Constitution of the United States, the State of Arizona shall send a delegation to the Article V convention. 2. That the delegation shall be composed of at least one, but not more than seven, commissioners and an equal number of paired alternates. Each member of the delegation shall be an elected member of the Legislature of the State of Arizona at the time of selection and during the term of office. 3. That the delegation shall be selected in the following manner: (a) At a time jointly determined by the Speaker of the House of Representatives and the President of the Senate, the House of Representatives shall meet to select not more than three commissioners and three paired alternates and the Senate shall meet to select not more than three commissioners and three paired alternates. (b) The Speaker of the House of Representatives and the President of the Senate shall jointly choose one commissioner and one paired alternate. 4. That, after the Article V convention is convened, if a commissioner is not able to participate in the Article V convention either permanently or temporarily, the commissioner's respective alternate shall replace the commissioner for the time the commissioner is unable to serve. If an alternate who replaces the commissioner is not able to participate in the Article V convention, then the delegation shall choose a replacement from the remaining alternates. 5. That the delegation shall choose its presiding officer and organize in the manner it desires. 6. That the delegation has authority to represent the Legislature of the State of Arizona at formal and informal planning sessions related to the Article V convention, including any planning convention, to conduct community meetings and hearings throughout this state before the Article V convention, and to correspond with other state commissioners and delegations, provided, however, that the delegation and its members shall at all times adhere to the oath and instructions prescribed by this resolution. 7. That the Legislature of the State of Arizona shall provide the delegation with necessary support staff and pay all of the costs of attending any planning convention and the Article V convention and all planning meetings, community meetings and hearings, subject to available appropriations made for that purpose. 8. That the term of office for each member of the delegation shall end on the adjournment of the Article V convention. 9. That a member of a delegation who knows of any violation of the oath or other misbehavior by a commissioner shall report it to the Article V Convention Committee established by this resolution. 10. That the commissioners and alternates shall take the following oath of office before accepting their appointment: I do solemnly swear or affirm that to the best of my abilities, I will, as a commissioner (alternate commissioner) to a convention for proposing an amendment, uphold the Constitution and laws of the United States and the State of Arizona. I will abide by my specific instructions from the Legislature of the State of Arizona. I will not discuss or vote to allow consideration of or to approve any amendment proposed for ratification to the United States Constitution that is unrelated to the subject of the approved call of the convention. I will vote only for convention rules that provide that each state have one equal vote and that a state or commissioner shall not be allowed to propose an amendment that is unrelated to the approved call of the convention. I acknowledge that any violation of this oath may result in being recalled by the Legislature of the State of Arizona or its authorized committee. 11. That an Article V Convention Committee shall be composed of three members, one appointed by the Speaker of the House of Representatives of the State of Arizona, one appointed by the President of the Senate of the State of Arizona and one appointed jointly by the Speaker and President. A member of the Article V Convention Committee may not be a member of the delegation. The duties of the Article V Convention Committee include: (a) Monitoring the delegation to determine if it is following legislative instructions and obeying convention rules. (b) Advising the delegation on the legislature's position on issues before the convention. (c) Disciplining any commissioner who violates the oath of office or instructions or is otherwise guilty of malfeasance or nonfeasance; discipline may include recall from the convention or demotion to the office of alternate commissioner. (d) Notifying the convention that a commissioner has been recalled or demoted to an alternate commissioner. (e) Replacing any recalled commissioner. 12. That commissioners shall vote only for Article V convention rules consistent with the following principles: (a) The convention is convened under the authority granted to the state legislatures of the several states by Article V of the Constitution of the United States. (b) The only participants at this convention are the several states represented by their respective delegations duly selected in the manner that their respective legislatures have determined. (c) The scope of the convention's authority is defined by applications adopted by at least two-thirds of the legislatures of the several states, which authority is limited to the subject of the approved call of the convention. The convention has no authority to propose or discuss an amendment on any other subject outside the approved call of the convention. (d) The convention shall provide for disciplining a commissioner or delegation for exceeding the scope of the convention's authority by raising subjects for discussion or debate that lie outside the convention's authority. (e) The convention shall not infringe on the respective state legislatures' authority to instruct, discipline, recall and replace commissioners. (f) All voting at the convention or in a committee shall be by state with each state having one vote without apportionment or division. Each state legislature shall determine the internal voting and quorum rules for casting the vote of its delegation. 13. That commissioners and alternates may not solicit or accept a contribution or a promise to make a contribution for a campaign for the state legislature beginning on the commencement of the convention and ending on adjournment of the convention. 14. That the State of Arizona respectfully calls a planning convention of the states, consisting of commissioners chosen and authorized in the manner that each respective state legislature determines or, if no
2017 LEGISLATIVE JOURNAL SENATE 973 manner is determined by a state legislature, selected jointly by the majority leadership of each legislative chamber of that state, to convene initially at twelve o'clock noon on September 12, 2017 in Phoenix, Arizona for the limited purposes of: (a) Planning for, and recommending rules for and procedures to, the prospective convention for proposing a balanced budget amendment to the United States Constitution. (b) Recommending to Congress: (i) The criteria for determining the initial date and location of a convention for proposing a balanced budget amendment. (ii) A specific initial date and location of a convention for proposing a balanced budget amendment. 15. That the planning convention shall be called to order jointly by the Speaker of the House of Representatives and the President of the Senate of the State of Arizona, followed immediately by a roll call of the states. The planning convention shall immediately elect a permanent presiding officer by a majority vote of the states attending and voting under the parliamentary common law as modified by procedures traditionally followed by conventions of states, including the rule of one vote per state. The planning convention shall continue to operate under the traditional procedures until such time as the planning convention adopts its own rules. 16. That the Legislature of the State of Arizona recognizes that a convention of states determines its own rules and procedures and elects its own officers. In the interest of efficiency and consistency, however, the Legislature of the State of Arizona recommends to the planning convention that the permanent rules contain certain principles traditionally followed by conventions of states, including the following principles: (a) A quorum for all sessions of the full convention shall be a majority of the states attending and for all committee meetings shall be a majority of the members of the relevant committee. (b) All voting shall be by state with each state having one vote, without apportionment or division, and each state legislature or delegation shall determine the internal voting and quorum rules for casting the vote of its delegation. (c) A majority vote of the states attending and voting shall prevail on all issues before the planning convention and in all committees, including any convention recommendations. (d) Convention officers shall include at least a president, vice president and secretary. 17. That the Legislature of the State of Arizona further recommends to the planning convention that: (a) The planning convention adopt Mason's Manual of Legislative Procedure, 2010 edition, as the source for the rules of decision in all cases not otherwise provided for by convention rules and orders. (b) The planning convention include at least the following three standing committees that are composed of a commissioner from each state attending, with each committee to be chaired by a temporary presiding officer designated by the balanced budget amendment convention committee until the committee selects its own officers: (i) A committee on rules and procedures, which shall prepare for consideration by the planning convention recommended rules and procedures for a convention for proposing a balanced budget amendment. (ii) A committee on time and location, which, after hearing testimony, shall prepare for consideration by the planning convention a recommended time and location for a convention for proposing a balanced budget amendment. (iii) A committee on convention management, which shall prepare for consideration by the planning convention recommended facilities, meeting rooms, security and staffing and other management issues pertaining to a convention for proposing a balanced budget amendment. 18. That in order to secure the advantage of continuity, the Legislature of the State of Arizona respectfully recommends to each state legislature that the same commissioners be sent both to the planning convention and to the convention for proposing a balanced budget amendment, if practicable and advisable to do so. 19. That an Arizona balanced budget amendment planning convention committee is established consisting of three members of the House of Representatives of the State of Arizona who are appointed by the Speaker of the House of Representatives of the State of Arizona and three members of the Senate of the State of Arizona who are appointed by the President of the Senate of the State of Arizona. The Arizona balanced budget amendment planning convention committee, if necessary, may change the time, date and location of the planning convention and, if necessary, may appoint a temporary president and temporary presiding officers of the standing committees. The Arizona balanced budget amendment planning convention committee shall coordinate the logistics of the planning convention, including the facilities, meeting rooms, security, staffing and other management issues pertaining to the planning convention. The longest-serving legislative member of the Arizona balanced budget amendment planning convention committee shall call the first meeting of the committee, at which time the committee shall elect a chair. The members of the Arizona balanced budget amendment planning convention committee shall not be paid per diem for days on which the committee meets, unless the members would otherwise earn per diem for legislative duties other than those of the Arizona balanced budget amendment planning convention committee. 20. That the legislative body of each of the several states is urged to provide for the appointment of commissioners to attend the planning convention and to otherwise provide further cooperation and assistance. 21. That the Secretary of State of the State of Arizona shall transmit a copy of this resolution to the presiding officer of each legislative body in the several states. PASSED BY THE HOUSE FEBRUARY 21, 2017. PASSED BY THE SENATE MARCH 27, 2017. FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 30, 2017. Passed the House Passed the Senate February 21, 2017 March 27, 2017 by the following vote: 34 Ayes, by the following vote: 16 Ayes, 24 Nays, 2 Not Voting 12 Nays, 2 Not Voting J.D. MESNARD STEVEN B. YARBROUGH Speaker of the House President of the Senate JIM DRAKE SUSAN ACEVES Chief Clerk of the House Secretary of the Senate HOUSE FINAL PASSAGE SENATE FINAL PASSAGE as per Joint Conference as per Joint Conference Passed the House Passed the Senate March 30, 2017 March 30, 2017 by the following vote: 34 Ayes, by the following vote: 17 Ayes, 21 Nays, 5 Not Voting 12 Nays, 1 Not Voting T.J. SHOPE STEVEN B. YARBROUGH Speaker of the House, PPT President of the Senate JIM DRAKE SUSAN ACEVES Chief Clerk of the House Secretary of the Senate EXECUTIVE DEPARTMENT OF ARIZONA OFFICE OF SECRETARY OF STATE This Resolution received by the Secretary of State this 30 day of March, 2017 at 4:39 o'clock p.m. MICHELE REAGAN Secretary of State HOUSE CONCURRENT RESOLUTION 2010 A CONCURRENT RESOLUTION APPLYING TO THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. WHEREAS, the founders of the Constitution of the United States empowered state legislators to be guardians of liberty against future abuses of power by the federal government; and WHEREAS, the federal government has created a crushing national debt through improper and imprudent spending; and WHEREAS, the federal government has invaded the legitimate role of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and WHEREAS, the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and
974 LEGISLATIVE JOURNAL SENATE OCTOBER 2, WHEREAS, it is the solemn duty of the states to protect the liberty of our people, particularly for the generations to come, and to propose amendments to the Constitution of the United States through a convention of the states under Article V to place clear restraints on these and related abuses of power. THEREFORE Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring: 1. That, pursuant to Article V of the Constitution of the United States, the Legislature of the State of Arizona formally applies to the Congress of the United States to call a convention of the states limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for federal officials and for members of Congress. 2. That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made application on the same subjects. 3. That this application is revoked, withdrawn, nullified and superseded, retroactive to the date of enactment, if the application is used for the purpose of calling a convention or is used in support of conducting a convention to amend the Constitution of the United States for any purpose other than to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government or limit the terms of office for federal officials and members of Congress. 4. That the Legislature of the State of Arizona may provide further instruction to its delegates and may recall its delegates at any time for a breach of duty or a violation of the instructions provided. The Arizona delegates are instructed to not support term limits for members of Congress that would limit their number of years in any given office to fewer than twelve years. 5. That the Secretary of State of the State of Arizona transmit a copy of this Resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, each Member of Congress from the State of Arizona and the presiding officers of each house of the several state legislatures, requesting their cooperation. PASSED BY THE HOUSE FEBRUARY 9, 2017. PASSED BY THE SENATE MARCH 13, 2017 FILED BY THE SECRETARY OF STATE MARCH 15, 2017. Passed the House Passed the Senate on February 9, 2017 Reconsideration, March 13, 2017 by the following vote: 31 Ayes, by the following vote: 16 Ayes, 27 Nays, 2 Not Voting 14 Nays, 0 Not Voting J.D. MESNARD STEVEN B. YARBROUGH Speaker of the House President of the Senate JIM DRAKE SUSAN ACEVES Chief Clerk of the House Secretary of the Senate EXECUTIVE DEPARTMENT OF ARIZONA OFFICE OF SECRETARY OF STATE This Resolution received by the Secretary of State this 15th day of March, 2017 at 3:59 o'clock p.m. MICHELE REAGAN Secretary of State HOUSE CONCURRENT RESOLUTION 2013 A CONCURRENT RESOLUTION APPLYING TO THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO REQUIRE THAT THE CONGRESS ADOPT A BALANCED FEDERAL BUD- GET. Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring: 1. That, pursuant to Article V of the Constitution of the United States, the Legislature of the State of Arizona formally applies to the Congress of the United States to call a convention of the states only for the purpose of proposing an amendment to the Constitution of the United States requiring that, in the absence of a national emergency, the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenue for that fiscal year, together with any related and appropriate fiscal restraints. 2. That this application is to be considered as covering the same subject matter as the currently outstanding balanced budget applications from Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah and West Virginia and shall be aggregated with those applications for the purpose of attaining the two-thirds of the states necessary to require the calling of a convention, but may not be aggregated with any applications on any other subjects. 3. That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made application on the same subject, and supersedes all previous applications by this Legislature on the same subject. 4. That the Secretary of State of the State of Arizona transmit a copy of this Resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, each Member of Congress from the State of Arizona and the presiding officers of each house of the several state legislatures. PASSED BY THE HOUSE FEBRUARY 9, 2017. PASSED BY THE SENATE MARCH 27, 2017. FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 28, 2017. Passed the House Passed the Senate February 9, 2017 March 27, 2017 by the following vote: 33 Ayes, by the following vote: 17 Ayes, 25 Nays, 2 Not Voting 12 Nays, 1 Not Voting J.D. MESNARD STEVEN B. YARBROUGH Speaker of the House President of the Senate JIM DRAKE SUSAN ACEVES Chief Clerk of the House Secretary of the Senate EXECUTIVE DEPARTMENT OF ARIZONA OFFICE OF SECRETARY OF STATE This Resolution received by the Secretary of State this 28th day of March, 2017 at 11:05 o'clock a.m. MICHELE REAGAN Secretary of State APPOINTMENT BY THE PRESIDENT PRO TEMPORE The PRESIDENT. The Chair wishes to announce the President pro tempore has made the following appointment: Senator Andrew Dinniman as a member of the Capitol Preservation Committee. LEGISLATIVE LEAVES Centre, Senator Corman. Senator CORMAN. Mr. President, I request a temporary Capitol leave for Senator Bartolotta. Allegheny, Senator Costa. Senator COSTA. Mr. President, I request legislative leaves for Senator Brewster, Senator Dinniman, Senator Haywood, and Senator Leach.
2017 LEGISLATIVE JOURNAL SENATE 975 The PRESIDENT. Senator Corman requests a temporary Capitol leave for Senator Bartolotta. Senator Costa requests legislative leaves for Senator Brewster, Senator Dinniman, Senator Haywood, and Senator Leach. Without objection, the leaves will be granted. LEAVE OF ABSENCE Senator CORMAN asked and obtained a leave of absence for Senator WHITE, for today's Session, for personal reasons. JOURNAL APPROVED The PRESIDENT. The Journal of the Session of June 28, 2017, is now in print. The Clerk proceeded to read the Journal of the Session of June 28, 2017. Senator CORMAN. 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 agreed to the motion? The yeas and nays were required by Senator CORMAN and were as follows, viz: YEA-49 Alloway DiSanto Leach Street Argall Eichelberger Martin Tartaglione Aument Farnese McGarrigle Tomlinson Baker Folmer McIlhinney Vogel Bartolotta Fontana Mensch Vulakovich Blake Gordner Rafferty Wagner Boscola Greenleaf Regan Ward Brewster Haywood Reschenthaler Williams Brooks Hughes Sabatina Yaw Browne Hutchinson Scarnati Yudichak Corman Killion Scavello Costa Langerholc Schwank Dinniman Laughlin Stefano NAY-0 A majority of the Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. The Journal is approved. RECESS Centre, Senator Corman. Senator CORMAN. Mr. President, I request a recess of the Senate for the purpose of a Republican caucus to be held immediately in the Majority Caucus Room. Allegheny, Senator Costa. Senator COSTA. Mr. President, I request Senate Democrats meet in our caucus room as well. 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 LEAVE CANCELLED The PRESIDENT. Senator Bartolotta has returned, and her temporary Capitol leave is cancelled. LEGISLATIVE LEAVES Centre, Senator Corman. Senator CORMAN. Mr. President, I request legislative leaves for Senator Rafferty and Senator Martin. The PRESIDENT. Senator Corman requests legislative leaves for Senator Rafferty and Senator Martin. Without objection, the leaves will be granted. RECESS Centre, Senator Corman. Senator CORMAN. Mr. President, I request a recess of the Senate for the purpose of an off-the-floor meeting of the Committee on Law and Justice to be held in the Rules room in the rear of the Chamber. The PRESIDENT. For the purpose of a meeting of the Committee on Law and Justice, 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 ON THIRD CONSIDERATION AND FINAL PASSAGE HB 45 (Pr. No. 2108) -- The Senate proceeded to consideration of the bill, entitled: An Act providing for the use of investigational drugs, biological products and medical devices by terminally ill patients. 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 DiSanto Leach Street Argall Eichelberger Martin Tartaglione Aument Farnese McGarrigle Tomlinson
976 LEGISLATIVE JOURNAL SENATE OCTOBER 2, Baker Folmer McIlhinney Vogel Bartolotta Fontana Mensch Vulakovich Blake Gordner Rafferty Wagner Boscola Greenleaf Regan Ward Brewster Haywood Reschenthaler Williams Brooks Hughes Sabatina Yaw Browne Hutchinson Scarnati Yudichak Corman Killion Scavello Costa Langerholc Schwank Dinniman Laughlin Stefano 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. BILLS OVER IN ORDER SB 168, SB 251, HB 409, SB 503 and SB 504 -- Without objection, the bills were passed over in their order at the request of Senator CORMAN. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 530 (Pr. No. 1166) -- The Senate proceeded to consideration of the bill, entitled: An Act amending the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act, further providing for definitions, for qualifications for license, for reciprocity, for restriction on the use of title "licensed clinical social worker," for restrictions on the use of title "Licensed Professional Counselor," for penalties and for unlawful practice; and repealing provisions related to appropriation. 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-46 Alloway DiSanto Martin Street Argall Farnese McGarrigle Tartaglione Aument Folmer McIlhinney Tomlinson Baker Fontana Mensch Vogel Bartolotta Gordner Rafferty Vulakovich Blake Greenleaf Regan Wagner Boscola Haywood Reschenthaler Ward Brewster Hughes Sabatina Williams Browne Killion Scarnati Yaw Corman Langerholc Scavello Yudichak Costa Laughlin Schwank Dinniman Leach Stefano NAY-3 Brooks Eichelberger Hutchinson 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. LEGISLATIVE LEAVE Centre, Senator Corman. Senator CORMAN. Mr. President, I request a temporary Capitol leave for Senator Yaw. The PRESIDENT. Senator Corman requests a temporary Capitol leave for Senator Yaw. Without objection, the leave will be granted. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR RESUMED BILLS OVER IN ORDER SB 552 and SB 564 -- Without objection, the bills were passed over in their order at the request of Senator CORMAN. BILL OVER IN ORDER AND LAID ON THE TABLE SB 616 (Pr. No. 690) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Title 9 (Burial Grounds) of the Pennsylvania Consolidated Statutes, providing for notice of burial benefits; and imposing a penalty. Without objection, the bill was passed over in its order at the request of Senator CORMAN. Pursuant to Senate Rule 9, the bill was laid on the table. BILLS OVER IN ORDER SB 663, SB 728 and SB 781 -- Without objection, the bills were passed over in their order at the request of Senator CORMAN. SECOND CONSIDERATION CALENDAR BILLS OVER IN ORDER SB 145, SB 297, HB 407, SB 435, SB 472, SB 542, HB 561, SB 625, SB 742 and SB 753 -- Without objection, the bills were passed over in their order at the request of Senator CORMAN. BILL ON SECOND CONSIDERATION AND REREFERRED SB 796 (Pr. No. 1008) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in fees, further providing for exemptions from other fees. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration.