COMMONWEALTH OF PENNSYLVANIA JU,gislafüre 31ournal · COMMONWEALTH OF PENNSYLVANIA JU,gislafüre...

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COMMONWEALTH OF PENNSYLVANIA JU,gislafüre 31ournal WEDNESDAY, NOVEMBER 18, 2015 SESSION OF 2015 199TH OF THE GENERAL ASSEMBLY No. 66 SENATE I BILLS REPORTED FROM COMMITTEES WEDNESDAY, November 18, 2015 The Senate met at 11 a.m., Eastern Standard Time. The PRESIDENT (Lieutenant Governor Mike Stack) in the Chair. PRAYER The Chaplain, Very Reverend WILLIAM FORREY, of Saint Patrick Church, Carlisle, offered the following prayer: Let us pray. Heavenly Father, source of all life, we gather this morning with hearts that are filled with gratitude, awe, and anticipation. We give thanks for the opportunity to make our great Common- wealth of Pennsylvania a beacon of justice within her borders, as the venerable Members of this Chamber serve those who call Pennsylvania their home. We thank You for the Senate, whose Members share the goals of liberty, prosperity, and justice while truly listening to the voices of the people. We stand with awe as we recognize the task before these elected officials, and we ask for Your help to guide their hearts and minds with the best solu- tions for challenges that lie in front of them. While the task may be daunting, we pray that through understanding and compro- mise they can accomplish common objectives together. We know that they stand upon the shoulders of all those who came before them, and that their actions have the ability to transform communities and lives. In a special way, we pray for those who died in Paris last Friday at the hands of terrorists. We pray for all of those who were intimately affected by this tragedy, and we pray for the conversion of the hearts of all terrorists who seek the ruin and destruction of human life. Bless the Leaders of this esteemed body of public servants and give them courage and wisdom in overcoming barriers that separate and divide the citizens of Pennsylvania. Above all, help us to never forget the source of life and all that is holy and good. Almighty God, we ask all of these things in Your holy name. Amen. The PRESIDENT. The Chair thanks Father Forrey, who is the guest today of Senator Vance. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) Senator EICHELBERGER, from the Committee on Finance, reported the following bills: SB 1071 (Pr. No. 1410) An Act amending Titles 24 (Education), 51 (Military Affairs) and 71 (State Government) of the Pennsylvania Consolidated Statutes, ex- tensively revising pension provisions: for the Public School Employees Retirement System, in the areas of preliminary provisions, of member- ship, contributions and benefits, of School Employee's Defined Contri- bution Plan and of administration and miscellaneous provisions; for health insurance for retired school employees, in the area of preliminary provisions; for military pensions, in the area of military leave of ab- sence; for boards and offices, in the area of Independent Fiscal Office; for the State Employees' Retirement System, in the areas of preliminary provisions, of membership, credited service, classes of service and eligibility for benefits, of State Employees' Defined Contribution Plan, of contributions, of benefits and of administration, funds, accounts, general provisions; and providing, as to the revisions, for construction and administration, for applicability, for funding, for liability, for State Employee member statements and for State Employees Retirement Board obligations. HB 406 (Pr. No. 2398) An Act amending the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No. 1), known as the Taxpayer Relief Act, in senior citizens property tax and rent rebate assistance, further providing for definitions and for filing of claim. HB 414 (Pr. No. 2545) (Amended) An Act amending the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, in standards for municipal pension systems, further pro- viding for definitions and providing for special procedures for certain professional services contracts and for special provisions to stabilize municipal retirement plans. Senator VULAKOVICH, from the Committee on Veterans Affairs and Emergency Preparedness, reported the following bills: SB 1013 (Pr. No. 1427) (Amended) An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, providing for voluntary veterans' preference in private employment. SB 1047 (Pr. No. 1361) An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in services for the blind

Transcript of COMMONWEALTH OF PENNSYLVANIA JU,gislafüre 31ournal · COMMONWEALTH OF PENNSYLVANIA JU,gislafüre...

Page 1: COMMONWEALTH OF PENNSYLVANIA JU,gislafüre 31ournal · COMMONWEALTH OF PENNSYLVANIA JU,gislafüre 31ournal WEDNESDAY, NOVEMBER 18, 2015 SESSION OF 2015 199TH OF THE GENERAL ASSEMBLY

COMMONWEALTH OF PENNSYLVANIA

JU,gislafüre 31ournal WEDNESDAY, NOVEMBER 18, 2015

SESSION OF 2015 199TH OF THE GENERAL ASSEMBLY

No. 66

SENATE I BILLS REPORTED FROM COMMITTEES

WEDNESDAY, November 18, 2015

The Senate met at 11 a.m., Eastern Standard Time.

The PRESIDENT (Lieutenant Governor Mike Stack) in the Chair.

PRAYER

The Chaplain, Very Reverend WILLIAM FORREY, of Saint Patrick Church, Carlisle, offered the following prayer:

Let us pray. Heavenly Father, source of all life, we gather this morning

with hearts that are filled with gratitude, awe, and anticipation. We give thanks for the opportunity to make our great Common-wealth of Pennsylvania a beacon of justice within her borders, as the venerable Members of this Chamber serve those who call Pennsylvania their home. We thank You for the Senate, whose Members share the goals of liberty, prosperity, and justice while truly listening to the voices of the people. We stand with awe as we recognize the task before these elected officials, and we ask for Your help to guide their hearts and minds with the best solu-tions for challenges that lie in front of them. While the task may be daunting, we pray that through understanding and compro-mise they can accomplish common objectives together. We know that they stand upon the shoulders of all those who came before them, and that their actions have the ability to transform communities and lives.

In a special way, we pray for those who died in Paris last Friday at the hands of terrorists. We pray for all of those who were intimately affected by this tragedy, and we pray for the conversion of the hearts of all terrorists who seek the ruin and destruction of human life.

Bless the Leaders of this esteemed body of public servants and give them courage and wisdom in overcoming barriers that separate and divide the citizens of Pennsylvania. Above all, help us to never forget the source of life and all that is holy and good. Almighty God, we ask all of these things in Your holy name. Amen.

The PRESIDENT. The Chair thanks Father Forrey, who is the guest today of Senator Vance.

PLEDGE OF ALLEGIANCE

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

Senator EICHELBERGER, from the Committee on Finance, reported the following bills:

SB 1071 (Pr. No. 1410)

An Act amending Titles 24 (Education), 51 (Military Affairs) and 71 (State Government) of the Pennsylvania Consolidated Statutes, ex-tensively revising pension provisions: for the Public School Employees Retirement System, in the areas of preliminary provisions, of member-ship, contributions and benefits, of School Employee's Defined Contri-bution Plan and of administration and miscellaneous provisions; for health insurance for retired school employees, in the area of preliminary provisions; for military pensions, in the area of military leave of ab-sence; for boards and offices, in the area of Independent Fiscal Office; for the State Employees' Retirement System, in the areas of preliminary provisions, of membership, credited service, classes of service and eligibility for benefits, of State Employees' Defined Contribution Plan, of contributions, of benefits and of administration, funds, accounts, general provisions; and providing, as to the revisions, for construction and administration, for applicability, for funding, for liability, for State Employee member statements and for State Employees Retirement Board obligations.

HB 406 (Pr. No. 2398)

An Act amending the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No. 1), known as the Taxpayer Relief Act, in senior citizens property tax and rent rebate assistance, further providing for definitions and for filing of claim.

HB 414 (Pr. No. 2545) (Amended)

An Act amending the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, in standards for municipal pension systems, further pro-viding for definitions and providing for special procedures for certain professional services contracts and for special provisions to stabilize municipal retirement plans.

Senator VULAKOVICH, from the Committee on Veterans Affairs and Emergency Preparedness, reported the following bills:

SB 1013 (Pr. No. 1427) (Amended)

An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, providing for voluntary veterans' preference in private employment.

SB 1047 (Pr. No. 1361)

An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in services for the blind

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and visually impaired, further providing for definitions and for business enterprises, equipment, leases, repayment.

SB 1067 (Pr. No. 1404)

An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, in veterans' pensions and benefits, further provid-ing for amputee and paralyzed veteran's pension.

HB 49 (Pr. No. 2546) (Amended)

An Act amending the act of June 24, 1976 (P.L.424, No. 101), re-ferred to as the Emergency and Law Enforcement Personnel Death Benefits Act, providing for the payment of death benefits to members of the Pennsylvania Civil Air Patrol.

HB 602 (Pr. No. 716)

An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, in Pennsylvania National Guard, further provid-ing for the pay of officers and enlisted personnel in active State service.

LEGISLATIVE LEAVES

The PRESIDENT. The Chair recognizes the gentleman from Columbia, Senator Gordner.

Senator GORDNER. Mr. President, I request temporary Capitol leaves for Senator Browne and Senator Mensch, and legislative leaves for Senator Smucker and Senator Tomlinson.

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

Senator COSTA. Mr. President, I request legislative leaves for Senator Leach and Senator Williams.

The PRESIDENT. Senator Gordner requests temporary Capitol leaves for Senator Browne and Senator Mensch, and legislative leaves for Senator Smucker and Senator Tomlinson.

Senator Costa requests legislative leaves for Senator Leach and Senator Williams.

Without objection, the leaves will be granted.

SENATE CONCURRENT RESOLUTION

WEEKLY RECESS

Senator GORDNER offered the following resolution, which was read as follows:

In the Senate, November 18, 2015

RESOLVED, (the House of Representatives concurring), Pursuant to Article II, Section 14, of the Pennsylvania Constitution, that when the Senate recesses this week, it reconvene on Monday, November 23, 2015, unless sooner recalled by the President Pro Tempore of the Sen-ate; and be it further

RESOLVED, Pursuant to Article II, Section 14, of the Pennsylva-nia Constitution, that when the House of Representatives recesses this week, it reconvene on Monday, November 23, 2015, unless sooner recalled by the Speaker of the House of Representatives.

On the question, Will the Senate adopt the resolution?

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

YEA-48

Alioway Dinniman Mdllhinney Tomlinson Argall Eichelberger Mensch Vance Aument Famese Pileggi Vogel Baker Folmer Rafferty Vulakovich Bartolotta Fontana Sabatina Wagner Blake Gordner Scamati Ward Boscola Greenleaf Scavello White Brewster Hughes Schwank Wiley Brooks Hutchinson Smucker Williams Browne Kitchen Stefano Wozniak Corman Leach Tartaglione Yaw Costa McGarrigle Teplitz Yudichak

Haywood

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

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

LEGISLATIVE LEAVE CANCELLED

The PRESIDENT. Senator Mensch has returned, and his tem-porary Capitol leave is cancelled.

GUESTS OF SENATOR MICHAEL J. FOLMER PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Folmer.

Senator FOLMER. Mr. President, I rise today to introduce Marcellus Taylor, the assistant director of student activities and fraternity and sorority life in the Office of Campus Life and Intercultural Affairs at Penn State Harrisburg. With him today are student senators from the Penn State Harrisburg Student Gov-ernment Association, who have been tasked with creating legis-lation and representing the student body in matters that affect campus life and academics. The group is visiting the Capitol today to learn more about the legislative process and meet with their representatives. Senators, please join me in a warm Senate welcome for Mr. Taylor and the senators of the Penn State Har-risburg Student Government Association.

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

(Applause.) The PRESIDENT. The Chair again recognizes the gentleman

from Lebanon, Senator Folmer. Senator FOLMER. Mr. President, with honor, I rise today to

introduce a very lovely young lady, Olivia Straka of Lebanon, Pennsylvania. Olivia is a graduate of Cedar Crest High School, my rival in Lebanon County--I had to point that out--who is cur-rently interning for Lieutenant Governor Stack. Olivia is a senior at Shippensburg University majoring in political science with a minor in English. She served as the vice president of the student body for 2 years, treasurer of the honors fraternity for political science, is a member of Pi Sigma Alpha, and was a voting mem-ber of Shippensburg University Student Services Incorporated.

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Olivia helped organize rallies against tuition reform and has strived to make a change in her community through her involve-ment. Upon graduation, Olivia hopes to work in politics. God bless her. Senators, please join me in a warm welcome to Olivia Straka.

The PRESIDENT. My intern, Olivia, is here on the Senate floor. Please join me in giving her our warmest Senate welcome. Thank you, Senator Folmer, for giving us such a great intern. Olivia has been great. We have actually implemented many of her ideas and she is smart, lovely, and dedicated. We appreciate her service.

(Applause.)

LEGISLATIVE LEAVES CANCELLED

The PRESIDENT. Senator Browne and Senator Smucker have returned, and their respective leaves are cancelled.

RECESS

The PRESIDENT. The Chair recognizes the gentleman from Columbia, Senator Gordner.

Senator GORDNER. Mr. President, I request a recess of the Senate for purposes of off-the-floor meetings of the Committee on Appropriations and the Committee on Local Government to be held in the Rules room.

The PRESIDENT. For purposes of meetings of the Commit-tee on Appropriations and the Committee on Local Government, without objection, the Senate stands in recess.

AFTER RECESS

The PRESIDENT. The time of recess having expired, the Senate will come to order.

SPECIAL ORDER OF BUSINESS GUEST OF SENATOR ELISABETH J. BAKER,

SENATOR JOHN T. YUDICHAK, SENATOR JOHN R. GORDNER AND

SENATOR JOHN P. BLAKE PRESENTED TO THE SENATE

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

Senator BAKER. Mr. President, on behalf of Senator Yudichak, Senator Gordner, Senator Blake, and myself, we are very pleased to have Justice Correale Stevens with us today. It was about 2 1/2 years ago that the Senate unanimously con-firmed him to fill a vacancy on the Supreme Court. Indeed, he has served faithfully, honorably, and provided much needed stability during a difficult period for our court.

It would be not quite accurate to say that his soon-to-end term is the capstone of his career, because he will continue to serve as a senior judge on the Superior Court. It has certainly been a ful-filling assignment and a highlight on a resume that, indeed, has been filled with accomplishment and distinction. His is a lengthy and credible career in public service, including times as a munic-ipal lawyer, State legislator, county prosecutor, and a judge at both the county and State levels.

One of his ways of giving back to the community and inspir-ing others toward civic engagement has been through his teach-ing of classes at the Penn State Hazleton campus, and his efforts

to bring the court and the proceedings closer to the people. He has been a champion for transparency and accountability. Justice Stevens is more commonly known to many of us as Cony. He resides with his wife, Louise, in Dorrance Township in the 20th Senatorial District. We are truly proud of his work and example, and today is, indeed, an honor for us to acknowledge and thank him for his service, his contributions, and his devotion.

In true fashion, Justice Stevens also wants to thank us. He has asked me to convey his personal appreciation and thanks to Sen-ator Greenleaf and the Committee on Judiciary, to the Leaders of the Senate, past and present, and to all of the Members of the Senate who placed the confidence in his ability to serve in this vital role. So, today we say well done, Godspeed, and thanks to Justice Correale Stevens. I am honored to present him today, along with my friend and colleague, Senator Yudichak.

The PRESIDENT. The Chair thanks the gentlewoman for her very excellent remarks.

The Chair recognizes the gentleman from Luzerne, Senator Yudichak.

Senator YIJDICHAK. Mr. President, I rise today to thank and commend Justice Correale Stevens for his service to the Pennsyl-vania Supreme Court. I have known Justice Stevens for many years. I call him a friend and I have always felt that although his registration may be Republican, he has a bipartisan soul, and that is why I have always cherished our friendship and have been inspired by his work through the years as a public servant to this great Commonwealth of Pennsylvania.

During his time on the Commonwealth's highest court, Justice Stevens has displayed the legal expertise and personal integrity that has been the hallmark of his vast and varied public service career as a State Representative, a district attorney, and a judge. Justice Stevens represents the very best of northeastern Pennsyl-vania and has served our Commonwealth with distinction and honor.

Justice Stevens, I wish you and your family the very best. Thank you for your service, your friendship, and your inspiring legacy as one of Pennsylvania's most distinguished public ser-vants.

Thank you, Mr. President. The PRESIDENT. Will the outstanding guest of Senator

Baker, Senator Yudichak, Senator Blake, and Senator Gordner please rise. One of our favorite Justices, Justice Correale Stevens.

(Applause.)

CALENDAR

BILLS VETOED BY THE GOVERNOR

BILLS OVER IN ORDER

SB 1000 and SB 1001 -- Without objection, the bills were passed over in their order at the request of Senator GORDNER.

THIRD CONSIDERATION CALENDAR

NONPREFERRED APPROPRIATIONS BILLS OVER IN ORDER

SB 912, SB 913, SB 914, SB 915 and SB 916 -- Without ob-jection, the bills were passed over in their order at the request of Senator GORDNER.

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BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 62 (Pr. No. 41) -- The Senate proceeded to consideration of the bill, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consoli-dated Statutes, in licensing of drivers, further providing for probationary license.

Considered the third time and agreed to,

On the question, Shall the bill pass finally?

The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

YEA-49

BILL OVER IN ORDER

SB 489 -- Without objection, the bill was passed over in its order at the request of Senator GORDNER.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 518 (Pr. No. 1371) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, enacting the Revised Uniform Fiduciary Access to Digital Assets Act (2015); and providing for user direction and agreements, for disclosure of digital assets, for functions of fiduciaries and for compliance and immunity for custodians of digital assets.

NAY-0

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

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

BILLS OVER IN ORDER

HB 263 and HB 447 -- Without objection, the bills were passed over in their order at the request of Senator GORDNER.

BILL LAID ON THE TABLE

SB 482 (Pr. No. 1406) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending the act of July 7, 1947 (P.L.1368, No.542), known as the Real Estate Tax Sale Law, further providing for the title of the act; and, in sale of property, providing for Optional County De-molition and Rehabilitation Fund.

Upon motion of Senator GORDNER, and agreed to by voice vote, the bill was laid on the table.

SB 482 TAKEN FROM THE TABLE

Senator GORDNER. Mr. President, I move that Senate Bill No. 482, Printer's No. 1406, be taken from the table and placed on the Calendar.

The motion was agreed to by voice vote. The PRESIDENT. The bill will be placed on the Calendar.

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 Eichelberger Mensch Vogel Argall Faniese Pileggi Vulakovich Aument Folmer Rafferty Wagner Baker Fontana Sabatina Ward Bartolotta Gordner Scamati White Blake Greenleaf Scavello Wiley Boscola Haywood Schwank Williams Brewster Hughes Smucker Wozniak Brooks Hutchinson Stefano Yaw Browne Kitchen Tartaglione Yudichak Corman Leach Teplitz Costa McGarrigle Tomlinson Dinniman Mdllhinney Vance

NAY-0

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

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

BILLS OVER IN ORDER

SB 606 and SB 735 -- Without objection, the bills were passed over in their order at the request of Senator GORDNER.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

HB 735 (Pr. No. 869) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act designating a bridge on that portion of State Route 147 over the Wiconisco Creek, Millersburg Borough, Dauphin County, as the Private Warren Snyder Memorial Bridge.

Alloway Argall Aument Baker Bartolotta Blake Boscola Brewster Brooks Browne Corman Costa Dinniman

Eichelberger Farnese Folmer Fontana Gordner Greenleaf Haywood Hughes Hutchinson Kitchen Leach McGanigle Mcllhinney

Mensch Pileggi Rafferty Sabatina Scarnati Scavello Schwank Smucker Stefano Tartaglione Teplitz Tomlinson Vance

Vogel Vulakovich Wagner Ward White Wiley Williams Wozniak Yaw Yudichak

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Considered the third time and agreed to,

On the question, Shall the bill pass finally?

The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

YEA-49

Alloway Eichelberger Mensch Vogel Argall Famese Pileggi Vulakovich Aument Folmer Rafferty Wagner Baker Fontana Sabatina Ward Bartolotta Gordner Scarnati White Blake Greenleaf Scavello Wiley Boscola Haywood Schwank Williams Brewster Hughes Smucker Wozniak Brooks Hutchinson Stefano Yaw Browne Kitchen Tartaglione Yudichak Corman Leach Teplitz Costa McGarrigle Tomlinson Dinniman Mdllhinney Vance

NAY-0

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

Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same without amendments.

BILL OVER IN ORDER

HB 837 -- Without objection, the bill was passed over in its order at the request of Senator GORDNER.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

HB 838 (Pr. No. 2536) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act designating a bridge on that portion of Garrett Road over the Darby Creek, Upper Darby Township, Delaware County, as the Honorable Nicholas A. Micozzie Bridge; designating the section of Pennsylvania Route 849 in Newport, Perry County, as the United States Navy Petty Officer 1st Class A. Louis De Lancey Memorial Highway; designating the Department of Conservation and Natural Resources' Resource Management Center, located in Conyngham Township, Co-lumbia County, as the Edward W. Helfrick Resource Management Center; designating the 700 to 800 block of U.S. Route 13, also known as the Chester Pike, in Prospect Park Borough, Delaware County, as the Officers Luke Arlington Conner and J. Horace Callaghan Memorial Highway; and making a related repeal.

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 Eichelberger Mensch Vogel Argall Farnese Pileggi Vulakovich Aument Folmer Rafferty Wagner Baker Fontana Sabatina Ward Bartolotta Gordner Scarnati White Blake Greenleaf Scavello Wiley Boscola Haywood Schwank Williams Brewster Hughes Smucker Wozniak Brooks Hutchinson Stefano Yaw Browne Kitchen Tartaglione Yudichak Corman Leach Teplitz Costa McGarrigle Tomlinson Dinniman Mdllhinney Vance

NAY-0

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

Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same with amendments in which concurrence of the House is requested.

BILLS OVER IN ORDER

HB 907 and HB 909 -- Without objection, the bills were passed over in their order at the request of Senator GORDNER.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 1046 (Pr. No. 1357) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, in Pennsylvania National Guard, further provid-ing for retired Pennsylvania National Guard personnel.

Considered the third time and agreed to,

On the question, Shall the bill pass finally?

The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

YEA-49

Alloway Eichelberger Mensch Vogel Argall Famese Pileggi Vulakovich Aument Folmer Rafferty Wagner Baker Fontana Sabatina Ward Bartolotta Gordner Scarnati White Blake Greenleaf Scavello Wiley Boscola Haywood Schwank Williams Brewster Hughes Smucker Wozniak Brooks Hutchinson Stefano Yaw Browne Kitchen Tartaglione Yudichak Corman Leach Teplitz Costa McGarrigle Tomlinson Dinniman Mcllhinney Vance

NAY-0

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

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

BILL OVER IN ORDER

HB 1340 -- Without objection, the bill was passed over in its order at the request of Senator GORDNER.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

HB 1411 (Pr. No. 2397) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending Title 26 (Eminent Domain) of the Pennsylvania Consolidated Statutes, in special damages for displacement, further providing for moving and related expenses of displaced persons, for replacement housing for homeowners and for replacement housing for tenants and others.

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 Argall Aument Baker Bartolotta Blake Boscola Brewster Brooks Browne Corman Costa Dinniman

Eichelberger Farnese Folmer Fontana Gordner Greenleaf Haywood Hughes Hutchinson Kitchen Leach McGamgte Mclthinney

Mensch Pileggi Rafferty Sabatina Scamati Scavello Schwank Smucker Stefano Tartaglione Teplitz Tomlinson Vance

Vogel Vulakovich Wagner Ward White Wiley Williams Wozniak Yaw Yudichak

NAY-0

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

Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same with amendments in which concurrence of the House is requested.

SECOND CONSIDERATION CALENDAR

BILL REREFERRED

SB 50 (Pr. No. 1420) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act establishing an industrial hemp industry in this Common-wealth; conferring powers and imposing duties on the Department of Agriculture; and prescribing penalties.

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

BILLS OVER IN ORDER

SB 126, SB 127, SB 201, 1111400 and HB 455 -- Without objection, the bills were passed over in their order at the request of Senator GORDNER.

BILLS ON SECOND CONSIDERATION

HB 477 (Pr. No. 2543) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act providing for activities and experiences for children in out-of-home placements.

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

ation.

HB 683 (Pr. No. 1427) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending the act of June 27, 2006 (1st Sp.Sess., PL. 1873, No. 1), known as the Taxpayer Relief Act, in senior citizens property tax and rent rebate assistance, further providing for definitions.

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

ation.

SB 691 (Pr. No. 677) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in cigarette sales and licensing, further pro-viding for definitions, for retention of records and for violations and penalties and providing for preemption.

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

ation.

HB 698 (Pr. No. 2458) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending Title 34 (Game) of the Pennsylvania Consoli-dated Statutes, in hunting and furtaking, further providing for unlawful devices and methods; and, in special licenses and permits, further pro-viding for permits for individuals with disabilities.

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

ation.

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BILLS OVER IN ORDER

SB 731 and SB 805 -- Without objection, the bills were passed over in their order at the request of Senator GORDNER.

BILL REREFERRED

SB 851 (Pr. No. 965) -- 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 human trafficking, further providing for definitions; repealing provisions relating to appropriate implementation for minor victims of human trafficking; providing for special relief to restore victims dignity and autonomy; adding provisions relating to safe harbor for sexually exploited children by imposing duties on law enforcement officers and the Department of Human Services and establishing the Safe Harbor for Sexually Exploited Children Fund; in public indecency, further provid-ing for the offense of prostitution and related offenses; and, in juvenile matters, further providing for definitions.

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

BILLS ON SECOND CONSIDERATION

SB 859 (Pr. No. 1421) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending Titles 42 (Judiciary and Judicial Procedures) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in judicial boards and commissions, further providing for definitions and for publication of guidelines; in juvenile matters, further providing for inspection of court files and records; in prisoner litigation, further pro-viding for prisoner filing fees; in particular rights and immunities, fur-ther providing for immunity of State parole officers and for immunity of program administrators and supervisors; in sentencing, further pro-viding for dispositions of persons found guilty but mentally ill, for collection of restitution and penalties, for sentencing proceeding and place of confinement, for information required upon commitment and subsequent disposition, for transfer of inmates in need of medical treat-ment, for applicability, for registry, for initial registration, for duty to inform, for assessments, for administration, for global positioning sys-tem technology, for immunity for good faith conduct, for Pennsylvania State Police, for duties of probation and parole officials, for duties of facilities housing sexual offenders, for board and for annual perfor-mance audit; in preliminary provisions, further providing for defini-tions; providing for powers of peace officers; in county correctional institutions, further providing for county recording system; in State intermediate punishment, further providing for definitions; in commu-nity corrections centers and community corrections facilities, further providing for definitions, for department, for offenders who may be housed, for authority of Commonwealth employees, for authority of chairman and for escape; providing for certain offenders residing in group-based homes; further providing for probation and parole; in Penn-sylvania Board of Probation and Parole, further providing for defini-tions, for operation of parole system generally, for administration, for Pennsylvania Board of Probation and Parole, for board chairperson, for board action, for meetings, for offices, for district directors, for district office employees, for disciplinary action, for political activities, for advisory committee, for certain offenders residing in group-based homes, for general powers of board, for specific powers of board, for probation services, for sentencing court, for general criteria for parole, for right of access to inmates, for parole power, for violation of terms of parole, for parole procedure, for victim statements, for general rules and special regulations, for investigations for the board of pardons, for early parole of inmates, for definitions, for status as peace officers and for supervisory relationship; providing for supervision of offenders and

for agents; in county probation officers' firearm education and training, further providing for definitions, for county probation officers' firearm education and training commission, for commission membership, for powers and duties of commission, for training mandatory, for require-ments for program participation and for the County Probation Officers' Firearm Education and Training Fund; in Interstate Compacts, further providing for Interstate Compacts, for deputization and for supervisions of persons paroled by other states; conferring powers and imposing duties on the Department of Corrections and Rehabilitation; providing for the transfer of functions, powers and duties; and providing for ap-propriations for the Office of Victim Advocate.

Considered the second time and agreed to,

Ordered, To be printed on the Calendar for third consider-ation.

SB 860 (Pr. No. 1422) -- The Senate proceeded to consider-ation of the bill, 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; in crime victims, further providing for respon-sibilities of department, local correctional facilities and board; in ad-ministration, further providing for office and for powers and duties and providing for confidentiality of records; and, in financial matters, fur-ther providing for costs for offender supervision programs.

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

ation.

BILLS OVER IN ORDER

SB 891, SB 917, SB 936, SB 952, SB 976, SB 984, SB 986, SB 1022, SB 1052 and SB 1054 -- Without objection, the bills were passed over in their order at the request of Senator GORDNER.

BILL ON SECOND CONSIDERATION

SB 1065 (Pr. No. 1393) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending Title 34 (Game) of the Pennsylvania Consoli-dated Statutes, in hunting and furtaking, further providing for hunting on Sunday prohibited.

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

ation.

BILLS OVER IN ORDER

SB 1068, HB 1161, HB 1170, HB 1195, HB 1201 and HB 1278 -- Without objection, the bills were passed over in their order at the request of Senator GORDNER.

BILL ON SECOND CONSIDERATION

HB 1279 (Pr. No. 2218) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act designating a section of Christopher Columbus Boulevard between Oregon Avenue and Washington Avenue in the City of Phila-delphia, Philadelphia County, as the William J. Guarnere and Edward

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Babe' Heifron Memorial Boulevard; and designating a portion of US Route 222 in Lancaster County as the Senator Noah W. Wenger High-way.

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

ation.

BILL OVER IN ORDER

NB 1329 -- Without objection, the bill was passed over in its order at the request of Senator GORDNER.

BILL ON SECOND CONSIDERATION

HB 1335 (Pr. No. 1817) -- The Senate proceeded to consider-ation of the bill, entitled:

UNFINISHED BUSINESS BILLS REPORTED FROM COMMITTEES

Senator HUTCHINSON, from the Committee on Local Gov-ernment, reported the following bill:

HB 1296 (Pr. No. 2553) (Amended)

An Act amending the act of July 25, 1973 (P.L.217, No.53), enti-tled "An act authorizing cities of the first class and second class to in-vest all funds received and deposited with the city treasurer in certain commercial paper under certain terms and conditions, amending the title of the act; and providing for investment of public corporation or authority funds.

Senator BROWNE, from the Committee on Appropriations, reported the following bill:

SB 1073 (Pr. No. 1423) An Act amending Title 75 (Vehicles) of the Pennsylvania Consoli-

dated Statutes, in powers of department and local authorities, further providing for emergency telephones along Pennsylvania Turnpike.

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

ation.

BILL OVER IN ORDER

11111341 -- Without objection, the bill was passed over in its order at the request of Senator GORDNER.

BILL ON SECOND CONSIDERATION AND REREFERRED

HB 1603 (Pr. No. 2544) -- The Senate proceeded to consider-ation of the bill, entitled:

An Act amending Title 23 (Domestic Relations) of the Pennsylva-nia Consolidated Statutes, in uniform interstate family support, making extensive revisions to general provisions, jurisdiction, civil provisions of general application, establishment of support order, direct enforce-ment of order of another state without registration, enforcement and modification of support order after registration, determination of parent-age, interstate rendition and miscellaneous provisions; and providing for support proceeding under convention.

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

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

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

HB 57 TAKEN FROM THE TABLE

Senator GORDNER. Mr. President, I move that House Bill No. 57, Printer's No. 49, be taken from the table and placed on the Calendar.

The motion was agreed to by voice vote. The PRESIDENT. The bill will be placed on the Calendar.

An Act to provide from the General Fund for the expenses of the Executive and Judicial Departments, the State Government Support Agencies and the General Assembly of the Commonwealth, the public debt and the public schools for the fiscal year July 1, 2015, to June 30, 2016, for certain institutions and organizations, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2015; to provide appropriations from the State Lottery Fund, the Tobacco Settlement Fund, the Aviation Restricted Account, the Hazardous Material Response Fund, The State Stores Fund, the Milk Marketing Fund, the Home Investment Trust Fund, the Emergency Medical Services Operating Fund, the Tuition Account Guaranteed Savings Program Fund, the Banking Fund, the Firearm Records Check Fund, the Ben Franklin Technology Development Authority Fund, the Oil and Gas Lease Fund, the Home Improvement Account, the Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund, the Insur-ance Regulation and Oversight Fund, the Pennsylvania Racehorse De-velopment Restricted Receipt Account, the Justice Reinvestment Fund and the Multimodal Transportation Fund to the Executive Department; to provide appropriations from the Judicial Computer System Augmen-tation Account to the Judicial Department for the fiscal year July 1, 2015, to June 30, 2016; to provide appropriations from the Motor Li-cense Fund for the fiscal year July 1, 2015, to June 30, 2016, for the proper operation of several departments of the Commonwealth and the Pennsylvania State Police authorized to spend Motor License Fund money; and to provide for the appropriation of Federal funds to the Executive Department of the Commonwealth and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2015.

SENATE RESOLUTIONS ADOPTED

Senators ALLOWAY, KITCHEN, DINNIMAN, GREEN-LEAF, SABATINA, TEPLITZ, COSTA, YAW, BREWSTER, FARNESE, BROWNE, RAFFERTY, BARTOLOTTA, PILEGGI, MENSCH, YUDICHAK, BAKER, WHITE, VULAKOVICH, AIJMENT, SCAVELLO and HUGHES, by unanimous consent, offered Senate Resolution No. 244, entitled:

A Resolution designating the month of November 2015 as 'Pancre-atic Cancer Awareness Month" in Pennsylvania.

On the question, Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentleman from Franklin, Senator Alloway.

Senator ALLOWAY. Mn President, I rise to offer this resolu-tion designating the month of November 2015 as "Pancreatic

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Cancer Awareness Month in Pennsylvania. In 2015, an esti-mated 46,000 people will be diagnosed with pancreatic cancer in the United States, and 39,000 of those will die from this disease. Pancreatic cancer is one of the deadliest cancers and is currently the fourth-leading cause of cancer death in the United States, and is projected to become the second-leading cause by 2020.

The Pancreatic Cancer Action Network is the national organi-zation serving the pancreatic cancer community in Pennsylvania and nationwide through a comprehensive approach that includes public policy, research funding, patient services, and public awareness and education related to developing effective treat-ments. The Pancreatic Cancer Action Network and its affiliates in Pennsylvania support those patients currently battling pancre-atic cancer, as well as those who have lost their lives to this dis-ease. They are committed to nothing less than finding a cure. The good health and well-being of the residents of Pennsylvania are enhanced as a direct result of increased awareness about pancre-atic cancer and research into early detection, causes, and effec-tive treatments.

I therefore ask that you join me in designating the month of November 2015 as Pancreatic Cancer Awareness Month in Penn-sylvania.

Thank you, Mr. President.

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

in the affirmative.

Senators ALLOWAY, DINNIMAN, SABATINA, TEPLITZ, YAW, FONTANA, BREWSTER, BROWNE, GREENLEAF, RAFFERTY, KITCHEN, MENSCH, YTJDICHAK, GORDNER, BAKER, WHITE, VOGEL, WARD, FOLMER, AIJMENT and HUGHES, by unanimous consent, offered Senate Resolution No. 245, entitled:

A Resolution recognizing the 'Hunters Sharing the Harvest' pro-gram in Pennsylvania and encouraging participation by Pennsylvania's licensed hunters.

On the question, Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentleman from Franklin, Senator Alloway.

Senator ALLOWAY. Mr. President, I rise to offer this resolu-tion to encourage participation in the "Hunters Sharing the Har-vest" program in Pennsylvania. This is something that has been near and dear to my heart since coming to the Senate. A former colleague, Senator Mike Brubaker from Lancaster County, was a champion here in Pennsylvania and continues to try and fight against hunger in Pennsylvania even after his tenure here in the Senate. Hunters Sharing the Harvest plays a big part in helping to end hunger here in Pennsylvania.

Since 1991, Pennsylvania's Hunters Sharing the Harvest pro-gram has brought the hunting public together to serve their com-munities and has been providing venison to local food bank sys-tems to benefit needy citizens throughout the Commonwealth of Pennsylvania. The overabundance of deer in certain regions of the Commonwealth has impacted our agricultural community,

forest industry, natural biodiversity, and overall quality of life and safety for many citizens for more than 20 years. This unique program has provided more than 85,000 pounds annually of this nutritious, high-protein meat to citizens needing food assistance.

The General Assembly, the Pennsylvania Game Commission, the Department of Agriculture, and the Department of Conserva-tion and Natural Resources have supported these efforts and now join the more than 62 corporate and organizational program part-ners including the Safari Club International, Friends of the Na-tional Rifle Association, the PA Association of Regional Food Banks, and the PA Association of Meat Processors in encourag-ing hunters to share their harvest through Pennsylvania's Hunters Sharing the Harvest program. I also ask you to join me in encour-aging the Department of Agriculture and others to continue pro-viding information through Internet Web sites and other means by donating big game and other lawfully taken wildlife through the Hunters Sharing the Harvest program to food banks, county and local municipalities, sportsmen's clubs, and meat processors throughout the Commonwealth, and other individual nonprofit agencies, charitable organizations, and businesses requesting this information.

So, Mr. President, again, I thank you all. I think this is one of those programs that even if you are not a sportsman you can get behind because as a lifelong sportsman myself, we know that we can help feed hungry people through providing them with this wild game. I ask that you join me in urging the expansion and information sharing of Hunters Sharing the Harvest.

The PRESIDENT. Senator Alloway, I do, in fact, join you and think it is a very important program and effort to feed the hungry. I salute you for it.

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

in the affirmative.

Senators TEPLITZ, COSTA, SABATINA, DINNIMAN, FONTANA, BREWSTER, FARNESE, GREENLEAF, RAF- FERTY, PILEGGI, KITCHEN, FOLMER and AUMENT, by unanimous consent, offered Senate Resolution No. 246, entitled:

A Resolution recognizing December 1, 2015, as "World AIDS Day," fostering public awareness of the HI V/AIDS pandemic and re-membering the millions of individuals diagnosed with HIV/AIDS and the global challenges associated with eradicating this deadly disease.

On the question, Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentleman from Dauphin, Senator Teplitz.

Senator TEPLITZ. Mr. President, this resolution recognizes December 1, 2015, as "World AIDS Day" in Pennsylvania. World AIDS Day has been commemorated annually since 1988. According to the Centers for Disease Control, more than 1.2 million people in the United States are living with HIV, and 12.8 percent of those people are unaware of their infection. Pennsyl-vania is ranked 10th-highest in the United States in cumulative reported AIDS cases, with the percentage of HIV cases being the highest in the 20- to 29-year age group.

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The 2015 World AIDS Day theme is "The Time to Act is Now. So, Mr. President, I ask that my colleagues join me in recognizing December 1, 2015, as World AIDS Day in order to support the efforts of advocacy groups and organizations across the globe who are dedicated to HIV/AIDS awareness, to recog-nize the global challenges associated with eradicating this dis-ease, and to remember the millions of individuals diagnosed with HIV/AIDS.

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 George Moad and to Virginia Moad by Senator Aument.

Congratulations of the Senate were extended to Richard Staffieri and to National Penn Bank by Senator Boscola.

Congratulations of the Senate were extended to Charles Fred Hoppes by Senator Browne.

Congratulations of the Senate were extended to Brenda L. Lou and to the members and coaches of the Muffin County High School Field Hockey Team by Senator Corman.

Congratulations of the Senate were extended to Navigate Cor-poration by Senator Dinniman.

Congratulations of the Senate were extended to Armond Rob-ert Kwaku Smith and to Hazel Corine Howard Lee by Senator Haywood.

Congratulations of the Senate were extended to the Honorable Patrick B. Gillespie and to Nicholas Kracht by Senator Pileggi.

Congratulations of the Senate were extended to Chief Francis L. Carroll, Keith P. Gordon and to Thomas A. Momme by Sena-tor Rafferty.

Congratulations of the Senate were extended to Mr. and Mrs. John Moore and to Mr. and Mrs. Llewellyn Huff by Senator Scarnati.

Congratulations of the Senate were extended to Ryan Jay Miller and to Bushkill Emergency Corps by Senator Scavello.

Congratulations of the Senate were extended to Dr. Julie Wollman by Senator Teplitz.

Congratulations of the Senate were extended to Dr. Leonard L. Bethel, Carson Viscusi, Joey Smith, Ryan Small, Nick Altomari, Matthew Masucci, Jordyn Young, Logan Smith, Hannah Erickson, Nora Mahoney, John Kane, Walter Higgins, Samuel Staten, Jr., Valerie Hamilton, Raymond W. Boyd, Ifeoma Aduba and to Deal Wright by Senator Tomlinson.

Congratulations of the Senate were extended to Francis J. Ryder, Jr., Robert C. Welsh and to Highmark Blue Shield by Senator Vance.

Congratulations of the Senate were extended to Zachary Jarold Hietsch, Justin Donald Hietsch and to Scott Michael Brenneman by Senator Vogel.

Congratulations of the Senate were extended to Nancy Rogers Crozier by Senator Ward.

Congratulations of the Senate were extended to Ryan Douglas Skunda by Senator White.

Congratulations of the Senate were extended to Mr. and Mrs. Andrew Jamula and to Mary Krill by Senator Yudichak.

Congratulations of the Senate were extended to David Rudis, John A. Kramer, Jr., Jimmy Brozzetti and to Matthew E. Haggerty by Senators Yudichak and Blake.

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 Stephen C. Hancharik and to the family of the late Margaret B. Long by Senator Mcllhinney.

Condolences of the Senate were extended to the family of the late Dr. Donald Wayne Spigner by Senator Teplitz.

BILLS ON FIRST CONSIDERATION

Senator SABATINA. Mr. President, I move that the Senate do now proceed to consideration of all bills reported from commit-tees for the first time at today's Session.

The motion was agreed to by voice vote. The bills were as follows:

SB 1013, SB 1047, SB 1067, SB 1071, SB 1073, HB 49, HB 406, HB 414, HB 602 and HB 1296.

And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consider-

ation.

ANNOUNCEMENTS BY THE SECRETARY

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

SENATE OF PENNSYLVANIA

COMMITTEE MEETINGS

THURSDAY, NOVEMBER 19. 2015

9:30 A.M. VETERANS AFFAIRS AND Carson Long EMERGENCY PREPAREDNESS Military (public hearing on the National Acad. Guard Youth Challenge Program - Senate Bill No. 56)

MONDAY, NOVEMBER 23. 2015

11:00 A.M. COMMUNITY, ECONOMIC AND Holiday Inn RECREATIONAL DEVELOPMENT Pitt/ (public hearing to consider Senate Bill No. Monroe 1024 which repeals the Pittsburgh -Ville Intergovernmental Cooperation Authority, ICA, and to consider the pros and cons of this legislation and the potential impact repealing the ICA may have on the City of Pittsburgh, an Act 47 financially distressed municipality) POSTPONED

Off the Floor APPROPRIATIONS (to consider Senate Rules Cmte. Bill No. 1073; and House Bills No. 347, Conf. Rm. 857, 1332 and 1603)

Off the Floor RULES AND EXECUTIVE Rules Cmte. NOMINATIONS (to consider certain Conf. Rm. Executive Nominations)

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Off the Floor STATE GOVERNMENT (to consider Rules Cmte. Senate Resolution No. 248) Conf. Rm.

TUESDAY, NOVEMBER 24,2015

10:00 A.M. JUDICIARY (public hearing to consider Room 8E-B the nominations of the Honorable Lydia East Wing Kirkland and Leo Dunn, Esquire to be members of the PA Board of Probation and Parole)

10:30 AM. LAW AND JUSTICE (public hearing Room 461 to consider the nomination of Tyree Main Capitol Blocker as PA State Police Commissioner; and to consider House Bill No. 941)

PETITIONS AND REMONSTRANCES

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

Senator FARNESE. Mr. President, I know you have many important things to go to, so I will be as quick as I can today, and as brief.

Mt President, well before I came to the Senate as a practicing attorney, and I think also during my time here over the years, having the privilege to represent the people of the First Senato-rial District, I have really worked, I think, to do what I can to become someone who is open to a conversation and to compro-mise. Somebody who is willing to sit down and discuss the is-sues, try to make, for instance, a good bill better, or even just to have an opportunity to sit across the table from someone, whether they be stakeholders or folks with differing points of opinion, and just be able to understand where we may have dif-ferences and where we may come to, hopefully, an understand-ing, and if not, at least be able to respect each other moving for-ward.

A few weeks ago, Mr. President, I extended my hand in good faith to discuss the concerns of my constituents to the TNC bill, the transportation network company bill, that had moved out of the Senate committee a few weeks ago. Since then, I had an op-portunity to reach out to both companies, UberX and to Lyft, the two major companies that are right now in the midst of the nego-tiations with the Commonwealth to come here and operate le-gally. I reached out to both companies to let them know what some of my concerns were, why I thought the bill needed some additional work and where I thought that we could maybe come to some understanding and agreement. While I appreciate, Mr. President, that these companies have responded to my letter, the lack of substance in these responses is extremely problematic. Quite frankly, it underscores a much graver concern, which goes to the character and the potential for these two companies to be good corporate stewards and good corporate citizens, not only within the Commonwealth of Pennsylvania, but within the city of Philadelphia and, even a more parochial issue, within my sen-atorial district. I think there is no question, by way of back-ground, that these two companies, or the TNC business, the transportation network companies, will be operating significantly in my senatorial district. Quite frankly, the majority of that busi-ness will most likely, at least from what we have been told, be within the confines of the First Senatorial District.

What we asked for the last several months is simply a willing-ness from these companies to show concern for the safety of my constituents and to be a good partner to the city of Philadelphia. The truth is, Mr. President, that these companies have been oper-

ating within the Commonwealth of Pennsylvania, within the city of Philadelphia, they have been making profits, they have been making money, and they have been doing so illegally. The com-panies have been operating in the city of Philadelphia and within our communities illegally. Right now, I think if you read the paper today, Uber is facing a $50 million fine from the PUC for doing the same thing in Pittsburgh, and Lyft has already agreed to pay $250,000 for its illegal operation there.

Every UberX and Lyft vehicle on the road in Philadelphia right now, Mr. President, is operating illegally, and even more galling is the fact that UberX actually invited me and others to celebrate their one-millionth illegal ride within the city of Phila-delphia. They thought so much of this that they stuck a finger in the eye of Philadelphians and celebrated a birthday party to cap off their 12-year anniversary of making money, making profit, and, of course, operating illegally. As I said, Mr. President, the lack of willingness on behalf of these companies is of great con-cern, and it is of great concern because of the corporate conduct that I have seen over the past several months. That move to have a party to celebrate operating illegally certainly reaffirms my belief and my grave concerns of their willingness to be good corporate citizens not only to the Commonwealth, but to the city of Philadelphia.

Now, despite what I have tried, or despite these concerns, Mr. President, I have never tried to keep UberX and Lyft from oper-ating within the city of Philadelphia, but I want it to be done the right way, and as I stood here a few weeks ago, I actually, again, represented that I supported the bill moving out of committee because I was hopeful that at some point over the next several weeks we would begin to see a willingness on the part of these companies to come to the table and really begin to show that they were concerned about the well-being and the safety of the people in Pennsylvania and, of course, you know, personally for myself, MY own constituents.

The truth is that these companies are not struggling to get by. Like other large corporations that have come to my district, I think they should give back. Now, this is not, Mr. President, the cost of doing business. In fact, I think it is offensive when I hear them say that. It is not the cost of doing business within the city of Philadelphia. Rather, I see it as an act of good faith, a repre-sentation, a bond, a promise that we are going to work together to become partners, we are going to work together for the mutual benefit of both the city of Philadelphia and the TNC technology business. This industry, which is growing, it is good that it is growing, it is offering opportunities and jobs for people in Penn-sylvania and in the city of Philadelphia. It is this reach-out, this partnership that I believe is so critically important, because it underscores a willingness on their behalf to be a good corporate citizen and a good corporate neighbor.

Mr. President, it has happened before within the city of Phila-delphia. I will give you an example. The casinos that are in my district, as you know, I am the only legislator in Pennsylvania who actually has two licensees within my district. These casinos, over the years, have given substantial money to help surrounding neighborhoods, because it is the right thing to do. I will tell you, Mr. President, they do not do it because it is in the legislation. They do not do it because they are mandated by law to do it. No, they do it because it is the right thing to do and it is a sign of good faith. It is a sign that they want to be good corporate citi-zens, that they want to work with the people of Philadelphia, that

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they want to begin a partnership, a long-lasting partnership, and hopefully create something that is long-lasting and is of mutual benefit to both the citizens, the corporations, and the industry.

Mr. President, I should not have to, and quite frankly, no leg-islator in this building should ever, ever have to stand up here and convince any industry, specifically in this case these trans-portation network companies, UberX and Lyft, to be a good cor-porate partner with the city and with its citizens. These drivers, Mr. President, are my constituents, so they should want to help the communities where they live and work to be a better place. I believe that the drivers do. They should want to help make a brighter future for the children and for the kids in the city of Philadelphia, because, the truth is, Mr. President, that some day these young people within the school district of Philadelphia could be technology gurus themselves, they could be working for these types of companies, they could be inventing the next app, the next technology boom. They could be drivers for these com-panies. They could be working together with them, and what better time to start? What better time to start than when they are young? When they begin that relationship by going into these schools and saying, we are not just transportation, we are a tech-nology company, and we are here because we want to give you a sense of enthusiasm and interest in what it means to be part of a technology company, a tech boom, because these are good-paying jobs.

This is an industry which is booming right now not only in Pennsylvania but across the country. We want to encourage these folks to come to Philadelphia, and we want them to be good cor-porate sponsors and good corporate neighbors. There is no rea-son that these companies cannot have a significant impact in our schools, because like I said, technology is the future. I know that there are kids who are interested in this. We have the Science Academy, just to name a few within just my senatorial district alone. We have schools where kids are using iPads to do their schoolwork. These types of companies are a great fit within the city, but there should be no reason why I have to stand here and ask them to come to the table. There is no reason why any legis-lator should have to ask a business, an industry that stands to make significant profits, to come to the table and be a good cor-porate partner, to be a good corporate citizen. We have asked it for other citizens. We have asked it of other industries that came here, and they willingly participated.

Mr. President, along with trying to learn how to compromise, learning how to get along, learning respect, for not only the stakeholders but for my colleagues on the other side of the aisle who work together, and I think as we all know, when we both work together, some great things happen in this place, but in addition to learning compromise, I have also learned a little bit about basic math, and I can count. I know that eventually these bills are going to pass. Quite frankly, Mr. President, I want them to pass, because I think in the end they are going to be good for Pennsylvania. But I have to make sure that I go on the record and I advocate for my constituents, who are deeply concerned at what they are reading, who are deeply concerned about what they are seeing. I will tell you, Mr. President, I am not going to go anywhere. Whatever happens, I am not going anywhere, and I think it is important that we work together, I think it is impor-tant that these companies understand that my staff and I remain very eager to sit down and have a conversation about some of the questions that we asked to be answered. We hope that as we

move forward, they will begin to show that willingness, that good corporate citizenship, that stewardship that we have seen from other industries that have come into Philadelphia and come into the Commonwealth of Pennsylvania.

Again, as I said before, I thank my colleagues on the other side of the aisle for their integrity and for their willingness to work, but this is not about that. This is about what I have seen with the companies. It is about the companies and their unwill-ingness to come to the table to want to be part of the discussion and to stop treating it as a cost to do business and instead see it as an opportunity to come together with the city and with, quite frankly, the future of the industry and the future, quite possibly, of their own corporate companies.

So thank you, Mr. President. I will continue to follow this and let folks know what is coming. We certainly will let the citizens of my senatorial district know what is going on with this. So, I thank you for the opportunity.

RECESS

The PRESIDENT. The Chair recognizes the gentleman from Columbia, Senator Gordner.

Senator GORDNER, Mr. President, I move that the Senate do now recess until Monday, November 23, 2015, at 1 p.m., East-ern Standard Time, unless sooner recalled by the President pro tempore.

The motion was agreed to by voice vote. The Senate recessed at 12:39 p.m., Eastern Standard Time.