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COMMONWEALTH OF PENNSYLVANIA

Lti.thtfibe lJournal WEDNESDAY, OCTOBER 19, 2011

SESSION OF 2011 195TH OF THE GENERAL ASSEMBLY

No. 59

SENATE WEDNESDAY, October 19, 2011

The Senate met at 11 a.m., Eastern Daylight Saving Time.

The PRESIDENT pro tempore (Senator Joseph B. Scarnati III) in the Chair.

PRAYER

The Chaplain, Reverend Dr. PAUL D. GEHRIS, retired pas-tor of American Baptist Churches - U.S.A., Shermans Dale, of-fered the following prayer:

Let us pray. Almighty and everlasting God, You who are called by many

names and approached in different ways, accept our gratitude for this day, its privileges and opportunities. We are thankful for our Commonwealth, its Founders, sustainers, and servants, and all who are committed to the principles of the common weal.

I pray for this Senate of Pennsylvania. Grant to its elected Members and staff the gifts of seeking truth and serving justice. May they have a high sense of call, good sense, common sense, and sensitivity. Help them to do good work here and in their districts. Grant that wisdom be shared in committee and caucus and on this historic floor. This prayer is offered in Your name. Amen.

The PRESIDENT pro tempore. The Chair thanks Reverend Dr. Gehris, who is the guest today of Senator Corman.

PLEDGE OF ALLEGIANCE

(The Pledge of Allegiance was recited by those assembled.)

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:

October _19. 2011

HB 1324 and 1794 -- Committee on Judiciary. HB 1417 -- Committee on Game and Fisheries. HB 1792 -- Committee on Transportation. HB 1825 -- Committee on State Government.

LEGISLATIVE LEAVES

The PRESIDENT pro tempore. The Chair recognizes the gen-tleman from Delaware, Senator Pileggi.

Senator PILEGGI. Mr. President, I request a temporary Capitol leave for Senator Mcllhinney.

The PRESIDENT pro tempore. The Chair recognizes the gen-tleman from Allegheny, Senator Costa.

Senator COSTA. Mr. President, I request a legislative leave for Senator Washington.

The PRESIDENT pro tempore. Senator Pileggi requests a temporary Capitol leave for Senator Mdflhinney.

Senator Costa requests a legislative leave for Senator Wash-ington.

Without objection, the leaves will be granted.

JOURNAL APPROVED

The PRESIDENT pro tempore. The Journal of the Session of September 20, 2011, is now in print.

The Clerk proceeded to read the Journal of the Session of September 20, 2011.

Senator PILEGGI. Mr. President, I move that further reading of the Journal be dispensed with and that the Journal be ap-proved.

On the question, Will the Senate agree to the motion?

The yeas and nays were required by Senator PILEGGI and were as follows, viz:

YEA-SO

Alloway Erickson One Vance Argall Farnese Piccola Vogel Baker Ferlo Pileggi Ward Blake Folmer Pippy Washington Boscola Fontana Rafferty Waugh Brewster Gordner Robbins White Donald Browne Greenleaf Scarnati White Mary Jo Brubaker Hughes Schwank Williams Corman Kasunic Smucker Wozniak Costa Kitchen Solobay Yaw Dinniman Leach Stack Yudichak Earl Mclthinney Tartaglione Eichelberger Mensch Tomlinson

NAY-0

A majority of the Senators having voted "aye," the question was determined in the affirmative.

The PRESIDENT pro tempore. The Journal is approved.

1062 LEGISLATIVE JOURNAL - SENATE

OCTOBER 19,

The PRESIDENT (Lieutenant Governor Jim Cawley) in the Chair.

SPECIAL ORDER OF BUSINESS GUEST OF SENATOR LAWRENCE M. FARNESE

PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from Philadelphia, Senator Farnese.

Senator FARNESE. Mr. President, today I rise to honor one of Pennsylvania's true leaders, Mr. Wayne Spilove. He is being honored today for his years of service as chairman of the Penn-sylvania Historical and Museum Commission.

If you know Wayne, you do not have to read his resume to know he cares and is active in his community, his city, and the Commonwealth. For those of you who are here today who have not had the opportunity to speak or work with him, I would like to highlight how he has positively impacted the lives of thou-sands of Pennsylvanians over the course of the last 35 years.

Wayne's list of accomplishments is far-reaching. In the 1980s, he founded the Rittenhouse Management Corporation, and has been a successful businessman for decades. He also believes that true success involves service to others. He has volunteered his time and energy toward bettering his community, his city, and his State. He was an advisor to the American Revolution Center at Valley Forge, served as a board member on the Friends of Independence National Park, and contributed his time to many other boards and cultural institutions.

Wayne's dedication to public service took a leap forward un-der Mayor Ed Rendell when they teamed up .20 years ago to save the Victory Building from demolition. It was a fragile time for center city, and saving that building was one of many crucial steps forward in making downtown Philadelphia as vibrant as it is today. Under Wayne's tenure, the Philadelphia Historical and Museum Commission also blazed a new trail in preserving inte-rior public spaces, saving the Dream Garden mural in the Curtis Building from being sold.

After 8 years of service in Philadelphia, Wayne was appointed by Governor Rendell as chair of the Pennsylvania Historical and Museum Commission in 2003, a role he continued under Gover-nor Corbett until June of this year. Throughout his service, he had a reputation for thoughtful and deliberate consideration of every issue that came before the commission, as well as a pas-sion for its mission. Wayne continues to serve us to this day, making an important contribution in crafting the Lenfest Plaza that recently opened at the Pennsylvania Academy of the Fine Arts.

Mr. President, I like to think that my city and State are in better condition for the next generation as a result of Mr. Spilove's dedicated efforts. I ask that you join me today in thank-ing him for his service, and I would also like to note, Mr. Presi-dent, that as a part of his visit to the Capitol, I will be presenting him with a congratulatory resolution and also a letter from Sena-tor Casey as well which has been provided to Wayne showing his true dedication to the city of Philadelphia and to the Com-monwealth of Pennsylvania.

The PRESIDENT. Would the guest of Senator Farnese please rise so that the Senate may give you its usual warm welcome.

(Applause.)

GUESTS OF SENATOR ROBERT TOMLINSON PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from Bucks, Senator Tomlinson.

Senator TOMLINSON. Mr. President, I would like to wel-come Rick and Nancy Tustin from Philadelphia, in Senator Stack's district; Marian and Arthur Williams from Warminster, in Senator Greenleafs district; and Jim Williams, who is also from Senator Greenleaf's district.

The connection to Bucks County and Bensalem is that there is an annual fundraiser in my district to help support the Scott Craven Mentoring Fund. Scott was Mrs. Tustin's godson, who was lost in an automobile accident in February of 2006. Scott graduated from the U.S. Air Force Academy in 2002 and served as a flight instructor for the United States Air Force. He had started the mentoring program to help children of deployed mili-tary personnel, and his legacy lives on through the Scott Craven Mentoring Fund, which is held in my district. Today, I welcome these people who have worked so hard to keep the Scott Craven Mentoring Fund going, and I want to help them enjoy a day at the Senate.

Thank you, Mr. President. The PRESIDENT. Would the guests of Senator Tomlinson

please rise so that the Senate may give you its usual warm wel-come.

(Applause.)

GUEST OF SENATOR MICHAEL W. BRUBAKER PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from Lancaster, Senator Brubaker.

Senator BRUBAKER. Mr. President, it is a privilege of mine to introduce Sean Bernard, who is in the gallery today. He is a senior at Millersville University studying political science. In this job, we have the opportunity to meet and interact with an awful lot of people of all ages. I can tell you firsthand, this young man is absolutely at the top of his class. He is a delight to be with, he is intelligent, and he is studying political science. So, I am thrilled that some of our young people, some of the best and brightest of our young people today are continuing to select this profession as a major. It is my privilege, Mr. President, to intro-duce Sean Bernard.

The PRESIDENT. Would the guest of Senator Brubaker please rise so that the Senate may give you its usual warm wel-come.

(Applause.)

LEGISLATIVE LEAVE CANCELLED

The PRESIDENT. Senator Mcllhinney has returned, and his temporary Capitol leave is cancelled.

PERMISSION TO ADDRESS

The PRESIDENT. With unanimous consent, the Chair recog-nizes the gentleman from Lackawanna, Senator Blake.

Senator BLAKE. Mr. President, the reason I rise to speak to the Chamber this morning is on behalf of a very respected col-league, the dean of the Lackawanna County delegation of the House of Representatives, Ed Staback. Within the past month,


1063

his grandson, Nick Staback, who is in the Army in Afghanistan, was severely injured in a mine explosion there. I only rise now, Mr. President, just to be reminded of the extraordinary sacrifice being borne by so few of our families here in Pennsylvania, as well as across the nation. I ask for a quick moment, 15 seconds, of silent prayer for a swift recovery for Nick Staback.

Thank you, Mr. President. (Whereupon, the Senate en bloc stood in a moment of silence

for the convalescence of NICHOLAS STABACK.)

CALENDAR

THIRD CONSIDERATION CALENDAR

BILLS OVER IN ORDER

SB 367 and SB 405 -- Without objection, the bills were passed over in their order at the request of Senator PILEGGI.

BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 560 (Pr. No. 728) - The Senate proceeded to consider-ation of the bill, entitled:

An Act establishing the State Military College Legislative Appoint-ment Initiative Program.

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-47

Alloway Erickson One Vance Argall Farnese Piccala Vogel Baker Ferlo Pileggi Ward Blake Folmer Pippy Washington Boscola Fontana Rafferty Waugh Brewster Greenleaf Robbins White Donald Browne Hughes Scarnati White Mary Jo Brubaker Kasunic Schwank Williams Corman Kitchen Solobay Wozniak Costa Leach Stack Yaw Dinniman Mcllhinney Tantaglione Yudichak Eichelberger Mensch Tomlinson

NAY-3

Gordner Smucker

A constitutional majority of all the Senators having voted aye,' the question was determined in the affirmative.

Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence.

SB 850 (Pr. No. 1691) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending Titles 18 (Crimes and Offenses) and 42 (Judi-ciary and Judicial Procedure) of the Pennsylvania Consolidated Stat-

utes, in minors, providing for the offense of cyberbullying by minors; in criminal history record information, further providing for expungement and for juvenile records; and, in relation to summary offenses, further providing for short title and purpose of chapter, for the scope of the Juvenile Act, for inspection of court files and records, for conduct of hearings and for right to counsel.

Considered the third time and agreed to, And the amendments made thereto having been printed as

required by the Constitution,


The PRESIDENT. The Chair recognizes the gentlewoman from Luzerne, Senator Baker.

Senator BAKER. Mr. President, Senate Bill No. 850 is an-other substantial piece of reform legislation aimed at restoring public confidence in our juvenile justice system in Pennsylvania. Senator Greenleaf has combined several key recommendations from the Interbranch Commission on Juvenile Justice. These steps will help ensure that juveniles are properly represented, that their rights are protected, and that they will be less vulnerable to inappropriate placement and sentencing.

I want to acknowledge the leadership that Senator Greenleaf has provided in this difficult process of revamping the juvenile justice system.

Thank you, Mr. President. The PRESIDENT. The Chair recognizes the gentleman from

Montgomery, Senator Greenleaf. Senator GREENLEAF. Mr. President, I rise to support this

legislation, and I appreciate working with Senator Baker. She has been a real advocate for children for reforms in the juvenile jus-tice system. I thank her for her involvement and advocacy. This is a partner bill with her legislation that deals with the ways in which to expunge the record of a juvenile, assuming that they have met all the requirements of the juvenile court. If it is a mis-take, we do not want it to be a mistake that they have to live with for the rest of their lives.

It also changes the purpose clause of the legislation of the Juvenile Code and provides that we can--if we start putting juve-niles in incarceration all the time, it is a terrible mistake for us to have a juvenile system that is based on that premise. It should be just the opposite, that we should have the presumption that the child stays in his or her home and not be incarcerated. Obvi-ously, public safety has to be taken into consideration, but also the well-being of the child is the most important thing because they are subject to rehabilitation much more so than adults.

So, this legislation provides for that provision as well, that the court use the least restrictive sanctions and that confinement would only be used as a last resort. Also, that the courts use evi-dence-based programs, programs that have been proven to be accurate and successful, not programs that we feel would be just that they sound good and look good, but they do not have any impact.

We want to avoid what happened in Luzerne County, where we had a judge who had a theory, regardless of the criminal ac-tivities, that he would put almost every juvenile he had in front of him, no matter what the offense was, how minor it was, he was going to put them in jail. That is the wrong, wrong, wrong attitude to have for a juvenile judge. This legislation will change


OCTOBER 19,

the purpose clause of the Juvenile Act and indicate that that is not the approach. It should be just the opposite.

We may have a feeling that we are going to scare these juve-niles straight when we put them in prison. That is not what hap-pens. What happens is when we put them in prison, we scare them crooked because it disrupts their lives at a very, very im-portant time. So, this is a very important time. These children are subject to rehabilitation. We can turn their lives around, we can save their lives, but we need to have a change in that purpose clause. That change, and with everything else we pass, will, I think, have the biggest impact in juvenile justice that we can possibly have.

Several years ago, about 10 years ago, I introduced legislation saying we should keep children in their homes as much as possi-ble. I have been told by the juvenile authorities that is the most important thing, just a little phrase in changing the purpose clause of the Juvenile Act. Now we are going to do the same thing with incarceration because we have seen the abuses and destroyed lives that have happened with juveniles in Luzerne County.

This will go a long way to help that it will never, never hap-pen again to any of our children in Pennsylvania. For our pur-pose, juvenile courts should be to rehabilitate and reclaim their lives and to put them in the right direction. This legislation, along with Senator Bakers legislation, will accomplish that. I ask for an affirmative vote.

The PRESIDENT. The Chair recognizes the gentleman from Allegheny, Senator Ferlo.

Senator FERLO. Mr. President, I respectfully ask if the spon-sor of this bill would stand for brief interrogation.

The PRESIDENT. The gentleman indicates that he will. Senator FERLO. Mr. President, obviously, I am very appre-

ciative and very supportive of this legislation overwhelmingly, especially given the urgency and events over the last couple of years that have led to inappropriate prosecution of juveniles that should be in juvenile court with other levels of oversight by law enforcement. I want to make clear that in voting for this--which, again, I appreciate the leadership of Senator Greenleaf and Sena-tor Baker, in bringing this bill to fine print. I want to just clarify or understand exactly what I am voting for on one specific issue.

I want to make sure that this bill does not in any way define, in a criminal manner, what many would consider to be risque, inappropriate, immoral, the sexting of messages between young people under the age of 18. I want to make sure that this bill does not enhance the ability for a criminal prosecution. What many of us here today in the Senate, obviously, as well as the parents, and maybe the community standard, would find obnoxious, again, immoral, inappropriate, disappointing--and I just want to be clear on that.

There is a lot of risque behavior among young people who are 15, 16, 17, whether or not we accept it. There is sexual activity and other activity among that population group. The phenomena of sexting, the cell phone, and all the Internet-available means of communication out there have created a phenomena much differ-ent than when I was growing up in the 1950s and 1960s.

So, I just want to be clear and put on the record what the in-tent is here because I do not want the criminality associated with what many should deal with as parents or guardians of young people and not involving district attorneys, police, and the crimi-nal justice system.

So if my learned colleague and counselor could maybe just explain that particular issue, it would be very helpful to me. But I do thank the gentleman very much and applaud his effort. Thank you.

Senator GREENLEAF. Mr. President, I appreciate the gentle-man's question because many others and I have been struggling with how to deal with this issue. We know what the gentleman said is correct. They are immature, and they use the Internet in ways that we would not think of as adults.

On the one hand, we do not want to criminalize them, we do not want to punish them for some immature act. On the other hand, we have had situations where it has become so terrible, so intense, so demeaning to another juvenile--because this has to be from juvenile to juvenile--that they have committed suicide. They have done other things and have had a terrible impact on the other children who are victims. So how do we deal with this and not ruin the life of another child as well? Then we have two children whom we have lost.

Originally, I introduced a bill to make it a summary offense and then have it resolved that way, because prosecutors are struggling with this, too. Sometimes they are charging that juve-nile with murder and they are facing the death penalty or life imprisonment, and other prosecutors are filing felony charges against these children. So originally, I thought it should be a summary offense, and then I reached out to one of the more re-spected groups in Pennsylvania dealing with the reform ofjuve-nile laws for what they thought. They suggested that we make it a misdemeanor, not a summary. They did not want the summary. I said, well, why? You are the advocate of juveniles. Their re-sponse was that we have to get this case in front of the juvenile judge. If it is legitimate, that is, not between consenting juve-niles. It is only between juveniles that we are talking about here. Here it is a case--and it is described in the legislation, and I do not have to repeat it--where it is intentional, coerced to intimidate another juvenile. Then it is up to the district attorney to decide whether to bring this, but if they do bring it, they are content, those who advocate for juveniles, that if it goes in front of a juve-nile court, they will deal with it appropriately. In this bill, there are at least five ways you can expunge the record of this juvenile.

If you go in front of a district justice, there is no mechanism for that district justice to deal with those children in a way that a juvenile court judge can do it. So if it is brought before that judge and it is resolved there, then there are, as I said, five ways in which that child's record can be expunged, if it is an appropri-ate thing and they meet certain requirements. It is not even dis-cretionary in many cases, it is just if you can meet these require-ments.

I think it is the right decision to make here. There are safe-guards in the bill that we do not brand a child for doing an imma-ture thing, and should not apply here. I think it is the best that we can do, it is limited as much as possible. The consequences are to be remediated by steps to expunge the record. It is supported by juvenile groups that I respect.

Do I feel really good about it? No, I do not. But it is the best that we can do under these situations. Because, on the other hand, we have other juveniles who are being charged that the prosecutors do not have any direction from us as to what to file against the juvenile who takes those actions that seriously harm another juvenile. Now, we are giving them direction. Take it to


1065

juvenile court, resolve it there, and take the appropriate actions there, and not charge them with a felony.

Senator FERLO. Mr. President, I just wanted to clarify the criteria for possible probable expungement of the record, and as well, that the legislation suggests the threshold of what the actual intent was, not what would be considered inappropriate, im-moral, or behavior that many parents and other individuals would find distasteful.

So the initial threshold is going to what the intent is and the impact of that messaging and sexting. So, I thank you very much for the response, and I am obviously very supportive of the legis-lation. Thank you.

And the question recurring, Shall the bill pass finally?


YEA-50

Alloway Erickson One Vance Argall Farnese Piccola Vogel Baker Ferlo Pileggi Ward Blake Folmer Pippy Washington Boscola Fontana Rafferty Waugh Brewster Gordner Robbins White Donald Browne Greenleaf Scarnati White Mary Jo Brubaker Hughes Schwank Williams Corman Kasunic Smucker Wozniak Costa Kitchen Solobay Yaw Dinniman Leach Stack Yudichak Earl Mcllhinney Tartaglione Eichelberger Mensch Tomlinson

NAY-0

A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative.


BILL ON THIRD CONSIDERATION, OVER IN ORDER TEMPORARILY ON FINAL PASSAGE


An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, in sheriff and coroner, further providing for official records of coroner.

Considered the third time and agreed to,


Without objection, the bill was passed over in its order tempo-rarily at the request of Senator PILEGGI.

SECOND CONSIDERATION CALENDAR

BILLS OVER IN ORDER

HB 10, SB 86 and HB 170 - Without objection, the bills were passed over in their order at the request of Senator PILEGGI.

BILLS ON SECOND CONSIDERATION

HB 278 (Pr. No. 2419) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending the act of May 1, 1933 (PL.103, No.69), known as The Second Class Township Code, in contracts, further providing for competitive bidding of contracts.

Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider-

ation.

1111279 (Pr. No. 2420) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending the act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code, in contracts, further provid-ing for general regulations concerning contracts, for evasion of advertis-ing requirements and for separate specifications for branches of work.


ation.


An Act amending the act of August 9, 1955 (P.L.323, No. 130), known as The County Code, in contracts, further providing for commis-sioners sole contractors for county, for contract procedures, terms and bonds and advertising for bids and for evasion of advertising require-ments; and, in grounds and buildings, further providing for bids for plumbing, heating, ventilating, electrical work, elevators and moving stairs.


ation.


An Act amending the act of July 29, 1953 (P.L.1034, No.270), known as the Public Auditorium Authorities Law, increasing the dollar amount of supplies and materials which may be purchased without advertising.


ation.

HB 289 (Pr. No. 2429) The Senate proceeded to consider-ation of the bill, entitled:

An Act amending the act of August 6, 1936 (Sp.Sess., P.L.95, No.38 1/2), entitled "An act to authorize and empower cities, boroughs, towns, and townships, separately or jointly, to provide for protection against floods by erecting and constructing certain works and improve-ments, located within or without their territorial limits, and within or without the county in which situate; and to expend moneys and incur indebtedness; to assess benefits against property benefited; to issue improvement bonds imposing no municipal liability; and to acquire, take, injure or destroy property for such purposes," further providing for competitive bidding of contracts.


OCTOBER 19,


ation.


An Act amending the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code, in preliminary provisions, providing for adjustments based on Consumer Price Index relating to contracts and purchases; in sheriff and coroner, further providing for chief deputy, for deputies and clerks, for public list of applicants for deputy sheriff and for sheriffs employees and counties of the second class; in contracts, further regulating contracts and purchases; in grounds, property and buildings, further providing for separate specifi-cations and contracts for certain items; and, in sports and exhibition authority, further providing for competition in award of contracts.


ation.


An Act amending Titles 53 (Municipalities Generally) and 74 (Transportation) of the Pennsylvania Consolidated Statutes, further providing for competitive bidding of contracts by intergovernmental units, by parking authorities, by municipal authorities and by metropoli-tan transportation authorities and for division of transactions.


ation.

BILLS OVER IN ORDER

SB 338, SB 390, SB 539 and HB 563 -- Without objection, the bills were passed over in their order at the request of Senator PILEGGI.

BILL ON SECOND CONSIDERATION


An Act amending Title 75 (Vehicles) of the Pennsylvania Consoli-dated Statutes, further providing for display of registration plate and for automated red light enforcement systems in first class cities; and pro-viding for automated red light enforcement in certain cities.


ation.

BILLS OVER IN ORDER

SB 628, SB 733, SB 747 and HB 755 -- Without objection, the bills were passed over in their order at the request of Senator PILEGGI.

BILL REREFERRED


An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in DNA data and testing, further providing for policy, for definitions, for State DNA Data Base, for procedural com-patibility with FBI and for DNA sample required upon conviction, delinquency adjudication and certain ARD cases; providing for collec-tion from persons accepted from other jurisdictions; further providing for procedures for withdrawal, collection and transmission of DNA samples, for procedures for conduct, disposition and use of DNA analy-sis; providing for request for modified DNA search; further providing for DNA data base exchange and for expungement; and providing for severability.

Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations.

BILLS OVER IN ORDER

HB 816, HB 864 and HB 869 -- Without objection, the bills were passed over in their order at the request of Senator PILEGGI.

BILL REREFERRED


An Act amending Title 2 (Administrative Law and Procedure) of the Pennsylvania Consolidated Statutes, consolidating provisions on administrative procedure and rulemaking; and making related repeals.

Upon motion of Senator PILEGGI, and agreed to by voice vote, the bill was rereferred to the Committee on Appropriations.

BILLS OVER IN ORDER

SB 887, SB 920, SB 954, HB 1054, SB 1069, SB 1095, SB 1099, SB 1147, SB 1179, SB 1184, HB 1203 and SB 1220 --Without objection, the bills were passed over in their order at the request of Senator PILEGGI.

BILL ON SECOND CONSIDERATION AND REREFERRED


An Act amending the act of October 6, 1998 (P.L.705, No.92), known as the Keystone Opportunity Zone, Keystone Opportunity Ex-pansion Zone and Keystone Opportunity Improvement Zone Act, in keystone opportunity zones, further providing for additional expansion zones; and providing for extension for new job creation.


ation. Upon motion of Senator PILEGGI, and agreed to by voice

vote, the bill just considered was rereferred to the Committee on Appropriations.

Alloway Argall Baker Brewster Browne Brubaker Corman Costa Dinniman Earl! Eichelberger Erickson

Farnese Folmer Fontana Oordner Hughes Kasunic Kitchen Leach Mdllhinney Mensch One Piccola

Piteggi Pippy Rafferty Robbins Scarnati Schwank Smucker Sotobay Stack Tartaglione Tomlinson Vance


1067

BILL OVER IN ORDER

HB 1458 -- Without objection, the bill was passed over in its order at the request of Senator PILEGGI.

LEGISLATIVE LEAVE

The PRESIDENT, The Chair recognizes the gentleman from Allegheny, Senator Costa.

Senator COSTA. Mr. President, I request a temporary Capitol leave for Senator Boscola.

The PRESIDENT. Senator Costa requests a temporary Capitol leave for Senator Boscola. Without objection, the leave will be granted.

CONSIDERATION OF CALENDAR RESUMED

THIRD CONSIDERATION CALENDAR RESUMED

SB 961 CALLED UP

SB 961 (Pr. No. 1074) -- Without objection, the bill, which previously went over in its order temporarily, was called up, from page 2 of the Third Consideration Calendar, by Senator PILEGGI.

BILL ON FINAL PASSAGE

SB 961 (Pr. No. 1074) --The Senate proceeded to consider-ation of the bill, entitled:

An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, in sheriff and coroner, further providing for official records of coroner.



YEA-45

RECONSIDERATION OF SB 560

BILL ON FINAL PASSAGE

SB 560 (Pr. No. 728) -- Senator COSTA. Mr. President, I move that the Senate do now reconsider the vote by which Sen-ate Bill No. 560, Printer's No. 728, passed finally.

A voice vote having been taken, the question was determined in the affirmative.


LEGISLATIVE LEAVE CANCELLED

The PRESIDENT. Senator Boscola has returned, and her temporary Capitol leave is cancelled.



YEA-45

Alloway Erickson One Vogel Argall Farnese Piccola Ward Baker Ferlo Pileggi Washington Blake Folmer Pippy Waugh Boscola Fontana Rafferty White Donald Brewster Greenleaf Robbins White Mary Jo Browne Hughes Scarnati Williams Brubaker Kasunic Schwank Yaw Corman Kitchen Solobay Yudichak Costa Leach Stack Dinniman Mdllhinney Tartaglione Eichelberger Mensch Tomlinson

NAY-5

Earli Smucker Vance Wozniak Gordner

NAY-5

Blake Ferlo Greenleaf Wozniak Boscola





UNFINISHED BUSINESS SENATE RESOLUTIONS ADOPTED

Senators STACK, SCARNATI, FARNESE, BROWNE, WARD, FONTANA, COSTA, PILEGGI, BOSCOLA, HUGHES, RAFFERTY, ORIE, DINNIMAN, SCHWANK, ALLOWAY, SOLOBAY, ERICKSON, WAUGH and ROB-BINS, PIPPY, BRUBAKER and TARTAGLIONE by unani-mous consent, offered Senate Resolution No. 214, entitled:

A Resolution recognizing the service and patriotism of Jewish military chaplains who gave their lives for their country.

On the question, Will the Senate adopt the resolution?

Vogel Ward Washington Waugh White Donald White Mary Jo Williams Yaw Yudichak


OCTOBER 19,

The PRESIDENT. The Chair recognizes the gentleman from Philadelphia, Senator Stack.

Senator STACK. Mr. President, this resolution recognizes the service and patriotism of Jewish military chaplains who have given their lives for this country. Military chaplains have served as religious and spiritual leaders for soldiers and their families since 1775. There is a special place in Arlington National Ceme-tery called Chaplain's Hill, where several monuments pay respect to chaplains who gave their lives in various conflicts for this country.

This October 24, Mr. President, a new monument will be dedicated on the sacred spot in remembrance of the 14 Jewish chaplains who died in service of this great nation. Four of those chaplains have ties to Pennsylvania, including Army Chaplain Rabbi Alexander Goode, who served at Temple Beth Israel in York. He was the first Jewish chaplain to give his life for his country when he offered his life jacket to another soldier as his troopship sank off Greenland in 1943.

Also, Army Chaplain Rabbi Meir Engel, who served at a syn-agogue in Philadelphia, was a military chaplain during World War II and the first Jewish chaplain in Vietnam. Army Chaplain Rabbi Henry Goody left a synagogue in Greensburg to volunteer in World War II, where he lost his life. Army Chaplain Solomon Rosen came to Carlisle, where the Army Chaplain School was based from the late 1940s until 1951. He graduated with the highest honors, and died in a military transport crash. His father, Herman Rosen, was also an Army chaplain who died during World War II.

We also want to remember six other Army Chaplain Rabbis: Irving Tepper, Louis Werfel, Morton Singer, Nachman Arnoff, Frank Goldenberg, and Samuel Hurwitz; and the three Air Force Chaplain Rabbis: Samuel Rosen, Joseph Hoenig, and David Sobel. These were men with tremendous faith, courage, and pa-triotism in their darkest hours. In the depths of war and destruc-tion, they provided comfort and spiritual guidance to their fellow soldiers.

As this country prepares to honor their memory at Arlington National Cemetery, we should stop and realize that Pennsylvania owes a debt of gratitude to the military chaplains as well. Mr. President, this resolution expresses our sincere thanks to the family and friends of these brave chaplains and extends, of course, our heartfelt appreciation to the bipartisan interfaith ef-fort that led to the construction of this wonderful memorial.

For those reasons, and many others, of course, Mr. President, I ask that everybody in this Chamber, all the Senators, Demo-cratic and Republican, support this resolution.

Thank you, Mr. President. The PRESIDENT. The Chair recognizes the gentleman from

Chester, Senator Dinniman. Senator DINNIMAN. Mr. President, I rise with Senator Stack

in urging support for the resolution. Sometimes we do not always appreciate the role of chaplains within our military services, chaplains of every faith and tradition in this nation.

This is a monument along with other monuments throughout Pennsylvania which honor chaplains as a whole, such as the Cha-pel of the Four Chaplains in Philadelphia, or ones that honor chaplains of particular faiths. In our county, we have a monu-ment for Catholic chaplains. All of this is important. America's strength comes because we are people of faith, and our chaplains

are a crucial part of what it means--and faith is what it means to be an American and is crucial to our nation.

So, I join with Senator Stack in urging that we recognize all chaplains within the service. We understand the important roles that chaplains play in our military services, and we understand the role of faith within our nation and military. We thank God for those who serve our nation in every way, including our chap-lains.

Thank you, Mr. President. The PRESIDENT. The Chair recognizes the gentlewoman

from Berks, Senator Schwank. Senator SCHWANK. Mr. President, I, too, would like to

heartily endorse this resolution and thank my colleague, Senator Stack, for bringing this forward. I would note that even now, we can support our chaplains, of whatever faith they may be. But, I can tell you in particular that there is a charity that supports Jew-ish chaplains serving throughout the world, and that individuals who would like to contribute to that, it is a very worthwhile cause, and I contribute myself.

Thank you, and I certainly do support this resolution.

And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined

in the affirmative.

Senator GREENLEAF, by unanimous consent, offered Senate Resolution No. 215, entitled:

A Resolution recognizing October 21, 2011, as 'Biomedical Re-search Day' in Pennsylvania.

On the question, Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentleman from Montgomery, Senator Greenleaf.

Senator GREENLEAF. Mr. President, this resolution recog-nizes October 21, 2011, as "Biomedical Research Day" in Penn-sylvania. The biomedical research community in the United States, especially in the Commonwealth, is recognized as the world leader in discovering knowledge that promotes health and the treatment of diseases.

Biomedical research has helped increase the lifespan of peo-ple in the United States through the development of vaccines, antibiotics, and anti-infective drugs. Biomedical research has contributed to the elimination of many epidemic diseases in the United States, and has helped to prevent numerous childhood killers.

Biomedical researchers are working diligently toward cures for diseases such as Alzheimer's, arthritis, AIDS, cancer, diabe-tes, epilepsy, heart and lung diseases, mental illnesses, multiple sclerosis, and countless other diseases that affect millions of people throughout the United States.

This research has contributed to the health and well-being of animals through vaccines and has helped the prospects of endan-gered species by reducing diseases and promoting reproduction. Biomedical research offers the best hope for new breakthroughs in detecting and treating diseases in the future.


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It is particularly appropriate for us to be designating Biomedi-cal Research Day for Pennsylvania because we have a tremen-dous industry in Pennsylvania that is involved in this, and they provide significant jobs. They provide opportunities for research. They have relationships between our universities and themselves, and they help develop these products. It has a ripple effect, not only in Pennsylvania, but throughout the nation.

This is an extremely important industry that we should hold up as an example. We are blessed in Pennsylvania to have such an industry here, to be a leader in this industry, and it is my honor and pleasure to offer this resolution for the recognition of them.

And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined

in the affirmative.

CONGRATULATORY RESOLUTIONS

The PRESIDENT laid before the Senate the following resolu-tions, which were read, considered, and adopted by voice vote:

Congratulations of the Senate were extended to Kasey Rathgeber by Senator Alloway.

Congratulations of the Senate were extended to Mr. and Mrs. Joseph J. Wiscount and to Saints Peter and Paul Catholic Church of Tamaqua by Senator Argall.

Congratulations of the Senate were extended to Tunkhannock Baptist Church by Senator Baker.

Congratulations of the Senate were extended to Mr. and Mrs. Gregory Rhoads and to Ramon Robert Rios III by Senator Browne.

Congratulations of the Senate were extended to Lisa Jane Scheller by Senator Browne and others.

Congratulations of the Senate were extended to New Holland Auto Group by Senator Brubaker.

Congratulations of the Senate were extended to Patricia Burke, Arika Snyder and to the Penn State Cooperative Exten-sion of University Park by Senator Corman.

Congratulations of the Senate were extended to Jeffrey McDonough, Jr. by Senator Costa.

Congratulations of the Senate were extended to Rick Horan and to Duke Schneider by Senator Dinniman.

Congratulations of the Senate were extended to William R. Brown and to Perry Clapper by Senator Eichelberger.

Congratulations of the Senate were extended to Wayne Spilove by Senator Farnese.

Congratulations of the Senate were extended to William A. Michael by Senator Leach.

Congratulations of the Senate were extended to The Saturday Club by Senators Leach and Dinniman.

Congratulations of the Senate were extended to Beverly Frantz, Patricia Garrett, Mary Jane Kirkpatrick, Doris Payne-Camp and to Tracy Wahsner by Senators Mcllhinney and Tomlinson.

Congratulations of the Senate were extended to Mr. and Mrs. Richard Stephenson by Senator One.

Congratulations of the Senate were extended to Tony Alan Wallace, Gloria Martin-Roberts, Cal obe Jackson, Jr., and to Jo-seph Robinson, Jr., by Senator Piccola.

Congratulations of the Senate were extended to Rocky Run Branch of the YMCA of Philadelphia and Vicinity by Senator Pileggi.

Congratulations of the Senate were extended to Chief Douglas J. Johnson by Senator Scamati.

Congratulations of the Senate were extended to Debra Riggi, Tina Riggi and to the Greene County Fireman's Association by Senator Solobay.

Congratulations of the Senate were extended to Lorene Thompson and to Chuck Ellis by Senator Stack.

Congratulations of the Senate were extended to Jeff Manto and to Renaissance Benefit Advisors of Jamison by Senator Tomlinson.

Congratulations of the Senate were extended to Bucks County Housing Authority by Senator Tomlinson and others.

Congratulations of the Senate were extended to Greater Har-risburg Association of REALTORS Foundation by Senator Vance.

Congratulations of the Senate were extended to Matthew T. Reese by Senator Vogel.

Congratulations of the Senate were extended to Elizabeth Ziegler Hand by Senator Washington.

Congratulations of the Senate were extended to Mr. and Mrs. Samuel D. Girolami by Senator D. White.

Congratulations of the Senate were extended to Ralph Lewis by Senator M.J. White.

Congratulations of the Senate were extended to the Johnstown Division of the United States District Court for the Western Dis-trict of Pennsylvania by Senator Wozniak.

Congratulations of the Senate were extended to Stephen A. Ellis by Senator Yudichak.

CONDOLENCE RESOLUTIONS

The PRESIDENT laid before the Senate the following resolu-tions, which were read, considered, and adopted by voice vote:

Condolences of the Senate were extended to the family of the late William H. Barndt by Senator Mcllhinney.

Condolences of the Senate were extended to the family of the late Reverend Antonious William Yester by Senator One.

Condolences of the Senate were extended to the family of the late Keith G Rankin by Senator Smucker.

Condolences of the Senate were extended to the family of the late Maureen K. Rowley by Senator Stack.

Condolences of the Senate were extended to the family of the late George E. Ballard by Senator Tartaglione.

ANNOUNCEMENTS BY THE SECRETARY

The following announcements were read by the Secretary of the Senate:

SENATE OF PENNSYLVANIA

COMMITTEE MEETINGS

THuRSDAY_OcJQBER 20 2011

9:30 A.M. COMMUNITY ECONOMIC AND Room 140 RECREATIONAL DEVELOPMENT House Maj. and LOCAL GOVERNMENT (joint Caucus km. hearing with the House Local Government and House Urban Affairs Committees


OCTOBER 19,

for an overview of Act 47 of 1987 and to begin discussion regarding possible enhancements to Act 47 and to discuss the challenges municipalities are facing as they relate to Act 47)

TUESDAY OCTOBER 25. 2011

9:00 A.M. MAJORITY POLICY COMMITTEE Senate Maj. (public hearing on the uninsured and Caucus Rm. healthcare clinics)

12:00 P.M. GAME AND FISHERIES (to consider Room 8E-A Senate Bills No. 1037, 1049 and 1066; East Wing and House Bills No. 735 and 860)

WEDNESDAY OCTOBER 26 2011

9:30 A.M. PUBLIC HEALTH AND WELFARE Hrg. Rm. I (public hearing concerning navigating North Off. possible changes in the western Pennsylvania healthcare delivery system)

TUESDAY NOVEMBER 1 2011

9:00 A.M. EDUCATION (public hearing on Special Hrg. Rm. I Education Funding and Accountability) North Off.

9:30 A.M. COMMUNICATIONS AND Room 8E-A TECHNOLOGY (public hearing on East Wing eHealth Collaborative)

THURSDAY NOVEMBER 3 2011

1:00 P.M. APPROPRIATIONS (public hearing to Millersville consider the impact of FY 2011-2012 Uni., Student General Appropriations Act and other Memorial various topics) Ctr., 21 S.

George St., Millersville, PA

TUESDAY NOVEMBER 15 2011

10:00A.M. COMMUNICATIONS AND Hrg. Rm. I TECHNOLOGY and CONSUMER North Off. PROTECTION AND PROFESSIONAL LICENSURE (joint public hearing on Act 183)

THURSDAY. NOVEMBER 17 2011

9:30 A.M. COMMUNITY, ECONOMIC AND Room 140 RECREATIONAL DEVELOPMENT House Maj. and LOCAL GOVERNMENT (joint Caucus Rm. hearing with the House Local Government and House Urban Affairs Committees to continue discussion on Act 47 and the impact on local government, businesses, communities and labor)

WEDNESDAY. DECEMBER 7 2011

9:30 A.M. COMMUNICATIONS AND Room 8E-A TECHNOLOGY (public hearing East Wing to review the OH' Strategic Plan)

PETITIONS AND REMONSTRANCES

The PRESIDENT. The Chair recognizes the gentleman from Philadelphia, Senator Hughes.

Senator HUGHES. Mt President, I stand today as a result of having stood this past Tuesday with my colleagues on the issue

of jobs. I do not need to remind everyone who is listening and paying attention to the affairs of this Chamber that the num-ber-one issue in the Commonwealth of Pennsylvania is jobs and putting people to work. That should be our number-one focus, that should be our number-one attention. We should be totally focused on finding ways to get Pennsylvania's people back to work.

The unemployment rate in this Commonwealth is far too high. The number of individuals who are long-term participants in the State's unemployment compensation program are far too great. There are hundreds of thousands of people, Mr. President, who are suffering from not having access to high-quality health insur-ance or, in fact, any quality of health insurance because they are either unemployed or they are working for an income that does not afford them the opportunity to purchase any kind of health insurance.

But earlier this week, many Members of the Senate Demo-cratic Caucus - Senator Schwank, Senator Boscola, Senator Washington, Senator Tartaglione, and Senator Kitchen, along with myself - stood to talk about the issue of finding work, espe-cially in the area of women and children. We have had a lot of conversations in this Chamber, across this State, and across this country about doing infrastructure and heavy construction work. And as is the case, those jobs are not exclusive just to men, but there seems to be a great propensity of men who do that kind of work. We need to create employment opportunities for everyone.

The legislative package that was introduced this past Tuesday, Mr. President, does in fact just that. It provides tax credit incen-tives to encourage employers to put in day-care alternatives. One of the huge reasons folks are limited from going to work is be-cause they cannot find quality childcare support. Our program would do that. It improves school-to-work transitions, to better equip folks going into work, finding a job, and getting the appro-priate training to make sure that they are able and capable of finding and keeping a job.

It creates summer youth job programs. Mr. President, one of the great tragedies that has existed in this body and in fact in Washington, D.C., is that we have put an end to a significant portion of our summer youth work programs. These are pro-grams that I will tell you just about every major CEO in the Commonwealth of Pennsylvania, if not in the entire country, had at one time, the opportunity to work at a summer job. Those work experiences in those summer jobs--whether for 4 weeks, 6 weeks, or 8 weeks; whether for 20 hours a week, 30 hours a week, or 35 hours a week--all of them most assuredly make min-imum wage, but they created not only a few dollars to go in the pockets of those young people, but they created some real life significant experiences for those folks who would then take those experiences from that employment opportunity and utilize them when they became adults. But we do not have that anymore, and we need to be in the business of getting those jump-started and back into the employment sector.

It is clear through all of the economic data that exists, Mr. President, that the summer job options and job opportunities are real meaningful income opportunities for that entire family. Mom may work, dad may work, but we need the young people, the teenagers in that household to also work because those dollars made from those jobs help out in paying the bills and taking care of the household responsibilities.


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We also talk about training programs for Marcellus Shale drilling operations. We are tired of having to import people from other parts of the nation to work in our drilling facilities. These should be Pennsylvania-based people. These drill sites are in Pennsylvania, and we need to appropriately train individuals in the Commonwealth of Pennsylvania to do this work at all of these drilling sites.

Mr. President, in this package we also created incentives to grow women- and minority-owned businesses. Sometimes these businesses are called disadvantaged businesses, but clearly and assuredly, small businesses are the backbone of this State and of this nation. Women-owned businesses, minority-owned busi-nesses need to have extra help to get them along the way because of years and decades, if you will, of discrimination and being shut out of the process. We want to create incentives for them to be successful and to employ other people.

We also want to focus, Mr. President, on the issue of green jobs employment and training programs. That should be quite obvious. One of the places of innovation that will occur in the State, in this nation, is to allow us to grow as a Commonwealth in the area of green technology. We have to train people for those industries to make sure we have the appropriate number of individuals fully trained so we can grow our way out of this re-cession that we are in.

So, I rise this day, Mr. President, to thank Senator Schwank, Senator Boscola, Senator Washington, Senator Tartaglione, Sen-ator Kitchen, and the other Members of the Senate Democratic Caucus for taking the initiative and putting these efforts into the jobs conversation. You know, it is really something interesting that we are looking at in terms of public policy here in the Com-monwealth.

We passed a budget this past year that cut a lot of programs out, but we passed a budget this past year that also created al-most $300 million in tax cuts from the largest corporations in the Commonwealth of Pennsylvania, with no commitment from those corporations to hire anybody else. No signature on a dotted line to say that with this tax break, I will make sure that we hire more individuals. So, we have no idea what happened to that extra $300 million that went to those corporations. We need to--if we can do a tax cut like that for them, we can drive an ini-tiative to provide work opportunities for thousands of people across this Commonwealth who need work, who deserve to be working, and who did not create this financial crisis that we are in right now.

The people who are unemployed right now did not cause the problem. It is our responsibility as a Commonwealth to step up for them. I thank my fellow colleagues for stepping up yesterday to create this new path, these additional options that are part of our Pennsylvania Works Now Program.

Thank you, Mr. President.

BILL SIGNED

The PRESIDENT (Lieutenant Governor Jim Cawley) in the presence of the Senate signed the following bill:

RECESS

The PRESIDENT. The Chair recognizes the gentleman from Lehigh, Senator Browne.

Senator BROWNE. Mr. President, I move that the Senate do now recess until Monday, October 24, 2011, at 1 p.m., Eastern Daylight Saving Time, unless sooner recalled by the President pro tempore.

The motion was agreed to by voice vote. The Senate recessed at 12:13 p.m., Eastern Daylight Saving

Time.

HB 389.

COMMONWEALTH OF PENNSYLVANIA

1z1t journal WEDNESDAY, OCTOBER 19, 2011

SESSION OF 2011 195TH OF THE GENERAL ASSEMBLY

No. 60

SENATE WEDNESDAY, October 19, 2011

The Senate met at 3:30 p.m., Eastern Daylight Saving Time.

The PRESIDENT (Lieutenant Governor Jim Cawley) in the Chair.

PRAYER AND PLEDGE DISPENSED WITH

The PRESIDENT. Without objection, we will dispense with the prayer and the Pledge of Allegiance for today's Session.

GENERAL COMMUNICATION

RECALL OF REGULAR SESSION

The PRESIDENT laid before the Senate the following com-munication, which was read by the Clerk as follows:

SENATE OF PENNSYLVANIA

TO: President and All Members of the Senate

FROM: Senator JOE SCARNATI President Pro Tempore

RE: Non-Voting Session

DATE: October 19, 2011,3:30 p.m.

Consistent with the Weekly Recess Resolution, the Senate is re-called for a non-voting Session at 3:30 p.m. on Wednesday, October 19, for the purpose of signing Senate Bill No. 1151 for presentation to the Governor.

There will be no roll-call votes. The Senate will then once again recess until Monday, October 24, at 1 p.m.

HOUSE MESSAGE

HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE AMENDMENTS TO SENATE BILL

The Clerk of the House of Representatives informed the Sen-ate that the House has concurred in amendments made by the Senate to House amendments to SB 1151.

BILL SIGNED

The PRESIDENT (Lieutenant Governor Jim Cawley) in the presence of the Senate signed the following bill:

SB 1151.

CALENDAR OVER IN ORDER

The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi.

Senator PILEGGI. Mr. President, I move that all of the bills on today's Calendar go over in their order without prejudice as to day.

The motion was agreed to by voice vote.

RECESS

The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi.

Senator PILEGGI. Mr. President, I move that the Senate do now recess until Monday, October 24, 2011, at 1 p.m., Eastern Daylight Saving Time, unless sooner recalled by the President pro tempore.

The motion was agreed to by voice vote. The Senate recessed at 3:40 p.m., Eastern Daylight Saving

Time.

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