635 - PA General Assembly

Transcrição

COMMONWEALTH OF PENNSYLVANIA
fi
Icd4slafii:re
Zijountal
MONDAY, JUNE 13, 2011
No. 38
SESSION OF 2011 195TH OF THE GENERAL ASSEMBLY
SENATE
MONDAY, June 13, 2011
advance for honoring our prayer. And now, may the Lord's blessing be upon this Session. Amen.
The Senate met at 1 p.m., Eastern Daylight Saving Time.
The PRESIDENT. The Chair thanks Pastor Hamilton, who is
the guest today of Senator Vance.
The PRESIDENT (Lieutenant Governor Jim Cawley) in the
Chair.
PLEDGE OF ALLEGIANCE
PRAYER
The Chaplain, Reverend DON HAMILTON, Pastor of Capital
Area Christian Church, Mechanicsburg, offered the following
prayer:
Let us pray, please.
Dear Heavenly Father, we come to You at the start of this new
work week to ask Your presence and Your blessing upon our
labor. Lord, as I look across this room at these men and women,
I know that they have a passion to serve their friends and neighbors who have sent them here, and it is their desire, Lord, to
make our State the best possible place to live. It is their desire to
make life better for all of the people, for the widows and the
elderly and those with disabilities, our schoolchildren, and even
those on the margins of our society. Lord, they hope to make
Pennsylvania a great place to live and to work, a good place to
do business, and a good place to raise a family.
Father, we call this a Commonwealth because that is our desire. Father, at some point in our history, these men and women
felt it a good thing to start these Sessions by approaching You
with their minds and their hearts, and I know very well that You
consider this a noble and wise choice, for You are never any
further from us than our desire to have You integral to our endeavors; You are never further away than a heartfelt prayer.
Lord, You tell us that You are more than pleased to give wisdom to those who ask, to give guidance to those who seek it, and
even to be tolerant and forgiving of our mistakes. We are all wise
enough here to know that we make plenty of those, but You are
gracious and kind, and for that, we give You thanks. And so,
Father, I come here as a humble pastor, a shepherd of a flock that
You have entrusted to my care, and I know so well that apart
from You, my best efforts to fulfill my calling would be in vain.
Lord, these people are the shepherds of our State. Their responsibility is great, and so their need for You is great. So we come to
You, the great shepherd, who guards and nourishes his flock.
Lord, I ask that You grant these Senators wisdom in this day
and in this week. Give them courage and discipline to do what is
right. Help them to work together, for we know that all of us
together are far better than any one of us alone. Lord, let Your
favor fall upon this place today. Father, we give You thanks in
(The Pledge of Allegiance was recited by those assembled.)
COMMUNICATIONS FROM THE GOVERNOR
NOMINATIONS REFERRED TO COMMITTEE
The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor of the
Commonwealth, which were read as follows and referred to the
Committee on Rules and Executive Nominations:
MEMBER OF THE APPALACHIAN STATES
LOW-LEVEL RADIOACTIVE WASTE COMMISSION
June 9, 2011
To the Honorable, the Senate
of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the
advice and consent of the Senate, David J. Allard, CHP (Alternate
Member), 285 Dogwood Drive, Elizabethtown 17022, Lancaster
County, Forty-eighth Senatorial District, for reappointment as a member
of the Appalachian States Low-Level Radioactive Waste Commission,
to serve at the pleasure of the Governor.
TOM CORBETT
Governor
June 9, 2011
advice and consent of the Senate, The Honorable Eli N. Avila (Voting
Member), 909 Green Street, Apartment #110, Harrisburg 17120, Dauphin County, Fifteenth Senatorial District, for appointment as a member
to serve at the pleasure of the Governor, vice The Honorable Calvin B.
Johnson, Mechanicsburg, resigned.
TOM CORBETT
Governor
624
LEGISLATIVE JOURNAL - SENATE
June 9, 2011
advice and consent of the Senate, Charles C. Goodhart (Alternate Member), 407 Herwen Drive, Shippensburg 17257, Franklin County, Thirtythird Senatorial District, for appointment as a member of the Appalachian States Low-Level Radioactive Waste Commission, to serve at the
pleasure of the Governor, vice Richard Hogg, Kittanning, resigned.
TOM CORBETT
Governor
June 9, 2011
JUNE 13,
lachian States Low-Level Radioactive Waste Commission, to serve at
the pleasure of the Governor, vice James Logue, Dr.P.H., M.P.H., Camp
Hill, [data missing], serves at the pleasure of the Governor [sic].
TOM CORBETT
Governor
June 9, 2011
advice and consent of the Senate, The Honorable Barry Schoch (Voting
Member), 750 Brentwater Road, Camp Hill 17011, Cumberland
County, Thirty-first Senatorial District, for appointment as a member
to serve at the pleasure of the Governor, vice The Honorable Allen D.
Biehler, Pittsburgh, resigned.
TOM CORBETT
Governor
advice and consent of the Senate, Lisa M. Hughes (Alternate Member),
1603 N. Second Street, Apartment 4, Harrisburg 17102, Dauphin
County, Fifteenth Senatorial District, for appointment as a member of
the Appalachian States Low-Level Radioactive Waste Commission, to
serve at the pleasure of the Governor, vice John Blake, Archbald, resigned.
TOM CORBETT
Governor
June 9, 2011
June 9, 2011
advice and consent of the Senate, The Honorable C. Allan [sic] Walker
(Voting Member), 1018 Country Club Road, Clearfield 16830,
Clearfield County, Twenty-fifth Senatorial District, for appointment as
a member of the Appalachian States Low-Level Radioactive Waste
Commission, to serve at the pleasure of the Governor, vice The Honorable Dennis Yablonsky, Harrisburg, resigned.
TOM CORBETT
Governor
advice and consent of the Senate, The Honorable Michael Krancer
(Voting Member), 844 Harriton Road, Bryn Mawr 19010, Montgomery
County, Seventeenth Senatorial District, for appointment as a member
to serve at the pleasure of the Governor, vice The Honorable John
Hanger, Hummelstown, resigned.
TOM CORBETT
Governor
June 9, 2011
advice and consent of the Senate, Stephen M. Ostroff, M.D. (Alternate
Member), 310 Autumn Chase, Harrisburg 17110, Dauphin County,
Fifteenth Senatorial District, for appointment as a member of the Appa-
MEMBER OF THE WORKERS' COMPENSATION
APPEAL BOARD
June 9, 2011
advice and consent of the Senate, The Honorable William Ian Gabig,
441 North 25th Street, Camp Hill 17011, Cumberland County, Thirtyfirst Senatorial District, for appointment as a member of the Workers'
Compensation Appeal Board, to serve until the third Tuesday of January 2015, and until his successor is appointed and qualified, vice Daniel
Fleck, Zelienople, deceased.
TOM CORBETT
Governor
2011
MEMBER OF THE COUNCIL OF TRUSTEES OF
BLOOMSBURG UNIVERSITY OF PENNSYLVANIA
OF THE STATE SYSTEM OF HIGHER EDUCATION
June 10, 2011
advice and consent of the Senate, Bryan Troop, 224 East King Street,
Apt. 204, Lancaster 17602, Lancaster County, Thirteenth Senatorial
District, for appointment as a member of the Council of Trustees of
Bloomsburg University of Pennsylvania of the State System of Higher
Education, to serve until the third Tuesday of January 2013, and until
his successor is appointed and qualified, vice Marie A. Conley, Harrisburg, resigned.
June 9, 2011
In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated
April 18, 2011, for the appointment of Greg Dunlap (Voting Member),
613 Sweetbriar Drive, Harrisburg 17111, [data missing], Fifteenth
Senatorial District, as a member of the Appalachian States Low-Level
Radioactive Waste Commission, to serve at the pleasure of the Governor, vice The Honorable Calvin B. Johnson, Mechanicsburg, resigned.
I respectfully request the return to me of the official message of
nomination on the premises.
TOM CORBETT
Governor
TOM CORBETT
Governor
RECALL COMMUNICATIONS
REFERRED TO COMMITTEE
The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor of the
Commonwealth, which were read as follows and referred to the
Committee on Rules and Executive Nominations:
June 9, 2011
April 18, 2011, for the appointment of Melanie DePalma (Voting Member), 1024 N. Waterford Way, Mechanicsburg 17050, Cumberland
County, Thirty-first Senatorial District, as a member of the Appalachian
States Low-Level Radioactive Waste Commission, to serve at the pleasure of the Governor, vice The Honorable John Hanger, Hummelstown,
resigned.
TOM CORBETT
Governor
June 9, 2011
April 18, 2011, for the appointment of Mike Downing (Alternate Member), 123 Stanford Court, Mechanicsburg 17050, Cumberland County,
Thirty-first Senatorial District, as a member of the Appalachian States
Low-Level Radioactive Waste Commission, to serve at the pleasure of
the Governor, vice Richard Hogg, Kittanning, resigned.
TOM CORBETT
Governor
625
June 9, 2011
April 18, 2011, for the appointment of Stephanie Moore (Voting Member), 349 Orchard Road, Millerstown 17062, Juniata County, Thirtyfourth Senatorial District, as a member of the Appalachian States LowLevel Radioactive Waste Commission, to serve at the pleasure of the
Governor, vice The Honorable Dennis Yablonsky, Harrisburg, resigned.
TOM CORBETT
Governor
June 9, 2011
April 18, 2011, for the appointment of Robert J. Salera, Esquire (Alternate Member), 1102 North 2nd Street, Harrisburg 17102, Dauphin
County, Fifteenth Senatorial District, as a member of the Appalachian
States Low-Level Radioactive Waste Commission, to serve at the pleasure of the Governor, vice John Blake, Archbald, resigned.
TOM CORBETT
Governor
June 9, 2011
626
April 18, 2011, for the appointment of Bryan Troop (Voting Member),
224 E. King Street, Apt. 204, Lancaster 17602, Lancaster County, Thirteenth Senatorial District, as a member of the Appalachian States LowLevel Radioactive Waste Commission, to serve at the pleasure of the
Governor, vice The Honorable Allen D. Biehler, Pittsburgh, resigned.
TOM CORBETT
Governor
BILLS INTRODUCED AND REFERRED
The PRESIDENT laid before the Senate the following Senate
Bills numbered, entitled, and referred as follows, which were
read by the Clerk:
June 10, 2011
Senators WAUGH, FONTANA, SOLOBAY, EARLL and
BROWNE presented to the Chair SB 1118, entitled:
An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for control of public travel on private
property by owner.
Which was committed to the Committee on TRANSPORTATION, June 10, 2011.
Senators WAUGH, RAFFERTY, ALLOWAY, FERLO and
MENSCH presented to the Chair SB 1119, entitled:
An Act amending the act of May 1, 1933 (P.L.103, No.69), known
as The Second Class Township Code, further providing for township
manager, appointment, removal, powers and duties, compensation and
bond; and providing for evasion of requirements.
Which was committed to the Committee on LOCAL GOVERNMENT, June 10, 2011.
Senators WAUGH, EARLL, BAKER, FARNESE, ORIE,
FONTANA, S OLOB AY, RAFFERTY, GREENLEAF,
ERICKSON, PILEGGI, TOMLINSON, TARTAGLIONE, D.
WHITE, BOSCOLA, FOLMER, SCHWANK, BRUBAKER,
COSTA, ALLOWAY, BROWNE and BREWSTER presented
to the Chair SB 1120, entitled:
An Act amending the act of March 4, 1971 (P.L.6, No.2), known
as the Tax Reform Code of 1971, further providing for returns of married individuals, deceased or disabled individuals and fiduciaries.
JUNE 13,
Which was committed to the Committee on EDUCATION,
June 10, 2011.
Senators GORDNER, TARTAGLIONE, BRUBAKER,
YAW, ALLO WAY, RAFFERTY, FONTANA, FARNESE,
SCHWANK, FERLO, KASUNIC, HUGHES, YUDICHAK and
MENSCH presented to the Chair SB 1128, entitled:
An Act amending the act of July 2, 1984 (P.L.561, No.112), known
as the Pennsylvania Conservation Corps Act, further providing for the
definitions of "department" and "secretary," transferring the administration of the Pennsylvania Conservation Corps from the Department of
Labor and Industry to the Department of Conservation and Natural
Resources.
Which was committed to the Committee on LABOR AND
INDUSTRY, June 10, 2011.
Senators DINNIMAN, ERICKSON, FONTANA, RAFFERTY, PILEGGI and WAUGH presented to the Chair SB 1129,
entitled:
An Act amending the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949, in pupils and attendance,
further providing for liability for tuition and enforcement of payment.
Which was committed to the Committee on EDUCATION,
June 10, 2011.
Senators EICHELBERGER, SOLOBAY and RAFFERTY
presented to the Chair SB 1130, entitled:
An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, further providing for purposes and powers.
Which was committed to the Committee on LOCAL GOVERNMENT, June 10, 2011.
June 13, 2011
Senator CORMAN presented to the Chair SB 1131, entitled:
An Act amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in general provisions relating to
civil actions and proceedings, amending provisions relating to comparative negligence.
Which was committed to the Committee on JUDICIARY,
June 13, 2011.
Which was committed to the Committee on FINANCE, June
10, 2011.
APPOINTMENT BY THE
PRESIDENT PRO TEMPORE
Senators WAUGH, FONTANA, SOLOBAY and RAFI-ERTY presented to the Chair SB 1121, entitled:
An Act amending the act of July 9, 1987 (P.L.220, No.39), known
The PRESIDENT. The Chair wishes to announce the President pro tempore has made the following appointment:
Senator Lawrence Farnese, Jr., as a member of the Board of
Directors of the Pennsylvania Higher Education Assistance
Agency.
as the Social Workers, Marriage and Family Therapists and Professional
Counselors Act, further providing for qualifications for license.
Which was committed to the Committee on CONSUMER
PROTECTION AND PROFESSIONAL LICENSURE, June 10,
2011.
Senators D. WHITE, PICCOLA and DINNIMAN presented
to the Chair SB 1127, entitled:
An Act amending the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949, providing for voting following a primary or municipal election.
LEGISLATIVE LEAVES
The PRESIDENT. The Chair recognizes the gentleman from
Delaware, Senator Pileggi.
Senator PILEGGI. Mr. President, I request temporary Capitol
leaves for Senator McIlhinney and Senator Browne, and legislative leaves for Senator Yaw and Senator Tomlinson.
Allegheny, Senator Costa.
2011
Senator COSTA. Mr. President, I request temporary Capitol
leaves for Senator Tartaglione and Senator Yudichak, and a legislative leave for Senator Stack.
Mr. President, forget about Senator Tartaglione. She has just
joined us on the floor. Do not forget her. You can always think
of her, but just do not record her on leave.
The PRESIDENT. I can assure the gentleman that she will
always be thought of fondly.
Senator Pileggi requests temporary Capitol leaves for Senator
McIlhinney and Senator Browne, and legislative leaves for Senator Yaw and Senator Tomlinson.
Senator Costa requests a temporary Capitol leave for Senator
Yudichak, and a legislative leave for Senator Stack.
Without objection, the leaves will be granted.
SENATE CONCURRENT RESOLUTION
WEEKLY RECESS
Senator PILEGGI offered the following resolution, which was
read as follows:
In the Senate, June 13, 2011
RESOLVED, (the House of Representatives concurring), Pursuant
to Article II, Section 14, of the Pennsylvania Constitution, that when the
Regular Session of the Senate recesses this week, it reconvene on Monday, June 20, 2011, unless sooner recalled by the President Pro Ternpore of the Senate; and be it further
RESOLVED, Pursuant to Article II, Section 14, of the Pennsylvania Constitution, that when the Regular Session of the House of Representatives recesses this week, it reconvene on Monday, June 20, 2011,
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 PILEGGI and
were as follows, viz:
YEA-50
Alloway
Argall
Baker
Blake
Boscola
Brewster
Browne
Brubaker
Corman
Costa
Dinniman
Earl!
Eichelberger
Erickson
Farnese
Ferlo
Folmer
Fontana
Gordner
Greenleaf
Hughes
Kasunic
Kitchen
Leach
McIlhinney
Mensch
One
Piccola
Pileggi
PiPPY
Rafferty
Robbins
Scarnati
Schwank
Smucker
Solobay
Stack
Tartaglione
Tomlinson
Vance
Vogel
Ward
Washington
Waugh
White Donald
White Mary Jo
Williams
Wozniak
Yaw
Yudichak
NAY-0
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 Yaw has returned, and his legislative leave is cancelled.
627
SPECIAL ORDER OF BUSINESS
GUESTS OF SENATOR KIM L. WARD
PRESENTED TO THE SENATE
The PRESIDENT. The Chair recognizes the gentlewoman
from Westmoreland, Senator Ward.
Senator WARD. Mr. President, today I have the pleasure of
introducing a DeMolay group from Westmoreland County, led
by Bruce Neubauer. DeMolay is an organization dedicated to
preparing young men to lead successful, happy, and productive
lives. Basing its approach on timeless principles and practical,
hands-on experience, it opens doors for young men ages 12 to 21
by developing civic awareness, personal responsibility, and leadership skills, which are so vitally needed in our society today.
DeMolay combines a serious mission with a fun approach that
builds important bonds of friendship among members in more
than 1,000 chapters worldwide. Its alumni include Walt Disney,
John Wayne, Walter Cronkite, and NFL Hall of Famer Fran
Tarkenton, among many, many others. Each has spoken eloquently about the life-changing benefit gained from their involvement. I would like to say to all of the young men up
there--and the young woman who is with them today--always be
involved. Stay involved. Let your voices be heard. Never be
afraid to speak up. I am very, very happy to have you here with
me today. Thank you.
The PRESIDENT. Would the guests of Senator Ward please
rise so that the Senate may give you its usual warm welcome.
(Applause.)
GUESTS OF SENATOR ANDREW E. DINNIMAN
Chester, Senator Dinniman.
Senator DINNIMAN. Mr. President, many times in this
Chamber, we welcome athletic teams that have won State championships, and that is wonderful, but today we are going to recognize an academic team which has won the Pennsylvania State
Academic Championship. I am very proud that B. Reed
Henderson High School in the West Chester School District has
won the Academic Championship for the Commonwealth of
Pennsylvania.
I know that Senator Erickson, who shares part of that district,
and Senator Pileggi, who shares part of the district of West Chester, and I are very proud. And I would like, Mr. President, if I
may, to mention the names of the team. The team that captured
the State academic title include Ben Herman, Ryan Mullner, Jack
Steinbrecher, Brian Egan, Ian Latham, Jack Silverstein, Griffin
Cahill, Max Kneis, and Maggie Mitchell. The team is coached by
Steve Sobieck and Bruce Kozak. I ask that we give them a warm
welcome, Mr. President.
The PRESIDENT. Would the guests of Senator Dinniman
please rise so that the Senate may give you its usual warm welcome.
(Applause.)
GUESTS OF SENATOR TIMOTHY J. SOLOBAY
Washington, Senator Solobay.
628
Senator SOLOBAY. Mr. President, I, too, would like to introduce a couple of visitors who have traveled across the turnpike
from western Pennsylvania. They are my two summer interns,
Rachel Auen and Minda Smiley, both graduates of my alma mater, Canon-McMillan High School. Of course, I was there a long
time before they graduated.
Rachel studied at Kent State University, the University of
Pittsburgh, and went to the other side of the backyard brawl as
she headed down to West Virginia, where she will finish her
senior year in public relations and communications. Minda studied at Carnegie Mellon University, but traveled up to Happy
Valley and will be continuing her education at Penn State University in political science and English, and will be graduating in
May of 2013. Accompanying them, and also chaperoning them
to make sure they behave themselves here in the capital city, is
my chief of staff, Sharon Willison. Will the Senate please give
them its normal, gracious welcome here in Harrisburg.
The PRESIDENT. Would the guests of Senator Solobay
please rise so that the Senate may give you its usual warm welcome.
(Applause.)
RECESS
Senator PILEGGI. Mr. President, I request a recess of the
Senate for purposes, first, of a meeting of the Committee on
Rules and Executive Nominations to be held in the Rules room
immediately, to be followed by a meeting of the Committee on
Community, Economic and Recreational Development also to be
held in the Rules room, to be followed by a Republican caucus
to be held in the Majority Caucus Room.
Senator COSTA. Mr. President, at the conclusion of the meetings that Senator Pileggi referenced, the Senate Democrats will
meet in the rear of the Chamber.
The PRESIDENT. For purposes of a meeting of the Committee on Rules and Executive Nominations, followed by a meeting
of the Committee on Community, Economic and Recreational
Development, to be followed by Republican and Democratic
caucuses, without objection, the Senate stands in recess.
AFTER RECESS
The PRESIDENT. The time of recess having expired, the
Senate will come to order.
LEGISLATIVE LEAVES CANCELLED
The PRESIDENT. Senator McIlhinney, Senator Browne,
Senator Tomlinson, Senator Stack, and Senator Yudichak have
returned, and their respective leaves are cancelled.
BILLS REPORTED FROM COMMITTEE
Senator EARLL, from the Committee on Community, Economic and Recreational Development, reported the following
bills:
JUNE 13,
SB 276 (Pr. No. 1323) (Amended)
An Act amending the act of June 22, 2000 (P.L.318, No.32), known
as the Downtown Location Law, further providing for powers and duties of the Department of General Services.
SB 800 (Pr. No. 1324) (Amended)
An Act amending the act of December 17, 1981 (P.L.435, No.135),
known as the Race Horse Industry Reform Act, further providing for the
composition of the State Horse Racing Commission and the State Harness Racing Commission.
SB 1007 (Pr. No. 1121)
An Act amending Title 64 (Public Authorities and Quasi-Public
Corporations) of the Pennsylvania Consolidated Statutes, further providing for the First Industries Program.
RESOLUTION REPORTED FROM COMMITTEE
Senator PILEGGI, from the Committee on Rules and Executive Nominations, reported the following resolution:
SR 100 (Pr. No. 1134)
A Resolution adopting a temporary rule of the Senate relating
solely to amendments to the General Appropriation Bill and other appropriation bills for the fiscal year beginning July 1, 2011, including
any amendments offered to or for supplemental appropriations for prior
fiscal years.
LEGISLATIVE LEAVE
Allegheny Senator Costa.
Senator COSTA. Mr. President, I request a legislative leave
for Senator Dinniman.
The PRESIDENT. Senator Costa requests a legislative leave
for Senator Dinniman. Without objection, the leave will be
granted.
CALENDAR
THIRD CONSIDERATION CALENDAR
PREFERRED APPROPRIATION BILL AMENDED
SB 1062 (Pr. No. 1198) -- The Senate proceeded to consideration of the bill, entitled:
An Act making appropriations from the restricted revenue accounts
within the State Gaming Fund and from the State Gaming Fund to the
Pennsylvania Gaming Control Board, the Department of Revenue, the
Pennsylvania State Police and the Attorney General for the fiscal year
beginning July 1, 2011, to June 30, 2012, and for the payment of bills
incurred and remaining unpaid at the close of the fiscal year ending
June 30, 2011.
On the question,
Will the Senate agree to the bill on third consideration?
Senator EARLL offered the following amendment No.
A2873:
2011
Amend Bill, page 2, line 24, by striking out all of said line and
inserting:
State appropriation
16,845,000
Amend Bill, page 3, line 5, by striking out all of said line and inserting:
State appropriation
35,501,000
On the question,
Will the Senate agree to the amendment?
629
On the question,
It was agreed to.
Without objection, the bill, as amended, was passed over in its
order at the request of Senator PILEGGI.
BILL OVER IN ORDER
SB 469 -- Without objection, the bill was passed over in its
The yeas and nays were required by Senator EARLL and
BILL ON THIRD CONSIDERATION
AND FINAL PASSAGE
YEA-45
Alloway
Argall
Baker
Blake
Boscola
Brewster
Browne
Brubaker
Corman
Costa
Dinniman
Earl!
Eichelberger
Erickson
Farnese
Ferlo
Folmer
Fontana
Gordner
Greenleaf
Hughes
Kasunic
Kitchen
Leach
.
McIlhinney
Mensch
Pileggi
Robbins
Scarnati
Schwank
Smucker
Solobay
Stack
Tartaglione
Tomlinson
Vance
Vogel
Ward
Washington
Waugh
White Mary Jo
Williams
Wozniak
Yaw
Yudichak
An Act amending the act of June 27, 1947 (P.L.1046, No.447),
referred to as the State Tax Equalization Board Law, further providing
for board membership, for chairman's authority and duties, and for
quorum and hearings.
Considered the third time and agreed to,
On the question,
Shall the bill pass finally?
NAY-5
One
Piccola
PiPPY
Rafferty
White, Donald
BILL AMENDED
HB 442 (Pr. No. 1750) -- The Senate proceeded to consideration of the bill, entitled:
An Act amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, prohibiting private transfer fee
obligations; and providing for notice and disclosure of existing private
transfer fee obligations.
The yeas and nays were taken agreeably to the provisions of
the Constitution and were as follows, viz:
YEA-50
Alloway
Argall
Baker
Blake
Boscola
Brewster
Browne
Brubaker
Corman
Costa
Dinniman
Earl!
Eichelberger
Erickson
Farnese
Ferlo
Folmer
Fontana
Gordner
Greenleaf
Hughes
Kasunic
Kitchen
Leach
McIlhinney
Mensch
One
Piccola
Pileggi
PiPPY
Rafferty
Robbins
Scarnati
Schwank
Smucker
Solobay
Stack
Tartaglione
Tomlinson
Vance
Vogel
Ward
Washington
Waugh
White Donald
White Mary Jo
Williams
Wozniak
Yaw
Yudichak
NAY-0
On the question,
Senator FONTANA offered the following amendment No.
A2976:
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.
Amend Bill, page 6, lines 24 and 25, by striking out "This section
does not mean 'in line 24 and "that a" in line 25 and inserting:
A
Amend Bill, page 6, line 27, by inserting after "enforceable":
, provided that it complies with the provisions of sections 8106 (relating
to disclosure) and 8107 (relating to notice requirements for existing
private transfer fee obligations) and all other applicable law
Amend Bill, page 7, line 24, by inserting after "contract.":
For purposes of this section, "buyer" shall include all subsequent buyers and "seller" shall include payees.
BILL OVER IN ORDER TEMPORARILY
order temporarily at the request of Senator PILEGGI.
BILLS OVER IN ORDER
SB 828, SB 829, SB 830, SB 831 and SB 832 -- Without objection, the bills were passed over in their order at the request of
Senator PILEGGI.
630
BILL LAID ON THE TABLE
An Act providing for the lapsing of legislative budget balances.
Upon motion of Senator PILEGGI, and agreed to by voice
vote, the bill was laid on the table.
SB 1000 TAKEN FROM THE TABLE
Senator PELEGGE Mr. President, I move that Senate Bill No.
1000, Printer's No. 1186, 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.
JUNE 13,
An Act amending the act of May 27, 1953 (P.L.244, No.34), entitled "An act relating to and regulating the contracts of incorporated
towns and providing penalties," further providing for power to convey.
Considered the second time and agreed to,
Ordered, To be printed on the Calendar for third consideration.
BILLS OVER IN ORDER
HB 385, SB 388, SB 458, SB 549, SB 550 and SB 626 -Without objection, the bills were passed over in their order at the
request of Senator PILEGGI.
BILL LAID ON THE TABLE
SECOND CONSIDERATION CALENDAR
BILLS OVER IN ORDER
SB 117, HB 140 and HB 148 -- 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 Consolidated Statutes, in accidents and accident reports, further providing for
duty to give information and render aid.
An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, defining "interactive wireless communications device";
further providing for junior driver's license and for suspension of operating privilege; prohibiting interactive wireless communications devices; and further providing for duty of driver in construction and maintenance areas or on highway safety corridors, for duty of driver in emergency response areas, for accident report forms, for department to compile, tabulate and analyze accident reports, for television equipment and
for restraint systems.
vote, the bill was laid on the table.
BILLS OVER IN ORDER
SB 707, SB 709, SB 776, SB 777 and SB 896 -- Without objection, the bills were passed over in their order at the request of
Senator PILEGGI.
BILL REREFERRED
BILLS OVER IN ORDER
SB 321, SB 341, SB 349 and SB 361 -- Without objection, the
bills were passed over in their order at the request of Senator
PILEGGI.
An Act amending the act of October 5, 1978 (P.L.1109, No.261),
known as the Osteopathic Medical Practice Act, further providing for
definitions, for State Board of Osteopathic Medicine, for athletic trainers and for reasons for refusal, revocation or suspension of license.
BILLS ON SECOND CONSIDERATION
An Act amending the act of February 1, 1966 (1965 P.L.1656,
No.581), known as The Borough Code, further providing for general
powers.
vote, the bill was rereferred to the Committee on Appropriations.
BILL ON SECOND CONSIDERATION
AND REREFERRED
An Act amending the act of June 13, 1967 (P.L.31, No.21), known
as the Public Welfare Code, providing for fraud detection system, for
income eligibility verification system and for inmate medical costs.
2011
vote, the bill just considered was rereferred to the Committee on
Appropriations.
BILLS REREFERRED
An Act amending the act of December 20, 1985 (P.L.457, No.112),
known as the Medical Practice Act of 1985, further providing for definitions and for athletic trainers.
An Act amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, requiring that the operator of each permitted gas
well within Pennsylvania post certain 911 response information at the
entrance to each well site.
BILL OVER IN ORDER
BILLS ON SECOND CONSIDERATION
AND REREFERRED
An Act amending the act of May 17, 1921 (P.L.682, No.284),
known as The Insurance Company Law of 1921, further providing for
purpose, for definitions, for acting for or aiding nonadmitted insurers,
for requirements for eligible surplus lines insurers, for surplus lines
licensee's duty to notify insured, for exempt risks, for surplus lines
advisory organizations, for licensing of surplus lines licensee, for surplus lines licensees may accept business from insurance producer, for
surplus lines tax, for tax on independently procured insurance and for
suspension, revocation or nonrenewal of surplus lines licensee's license.
Appropriations.
An Act amending the act of July 6, 1917 (P.L.723, No.262), entitled "An act imposing a tax on premiums of insurance and reinsurance
in foreign insurance companies and associations not registered in this
Commonwealth; providing the method of collection of such tax, and
i mposing penalties," further providing for tax on contracts with unauthorized companies and deductions.
631
Appropriations.
THIRD CONSIDERATION CALENDAR RESUMED
SB 732 CALLED UP
SB 732 (Pr. No. 1310) -- 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 AMENDED
An Act regulating certain facilities which perform abortions; imposing powers and duties on the Department of Health, the Legislative
Budget and Finance Committee and the Legislative Reference Bureau;
and imposing penalties.
On the question,
Senator VANCE offered the following amendment No.
A2879:
Amend Bill, page 1, line 2, by inserting after "Health":
, the Legislative Budget and Finance Committee
Amend Bill, page 10, by inserting between lines 20 and 21:
Section 13. Study.
The Legislative Budget and Finance Committee shall study the
fiscal impact of applying 28 Pa. Code Pt. IV Subpt. F (relating to ambulatory surgical facilities) to existing abortion facilities that currently
perform abortions under 28 Pa. Code Pt. IV Subpt. F. The department
shall assist the committee in obtaining necessary information for the
study. Within 90 days of the effective date of this section, the committee shall report the results of the study to the President pro tempore of
the Senate, the Minority Leader of the Senate, the Speaker of the House
of Representatives and the Minority Leader of the House of Representatives.
Amend Bill, page 10, line 21, by striking out "13" and inserting:
14
Amend Bill, page 11, line 2, by inserting after "(iv)":
Section 13.
(v)
On the question,
from Cumberland, Senator Vance.
Senator VANCE. Mr. President, this is a very simplistic
amendment. It merely asks for a study on the costs of ambulatory
surgical facilities. We have heard a lot of talk - yes, it costs a lot
of money, it will shut them down; no, they will not have any
problems. So, this study will allow us to really vote with knowledge, and that is all it does. This is just the amendment. The arguments are not about the merits of the bill itself, and there is no
need to discuss the bill itself now. This is just about the amendment to have the Legislative Budget and Finance Committee do
a study.
Thank you, Mr. President.
632
Montgomery, Senator Mensch.
Senator MENSCH. Mr. President, I would like to refer everyone to the grand jury report, which was provided by the district
attorney of Philadelphia, after they concluded their investigation
into Dr. Gosnell, where he says, "Abortion rights advocates told
us the same thing - that licensing abortion clinics as ASFs would
not be burdensome because clinics that are members of NAP, or
associated with Planned Parenthood, already comply with the
highest standards of care." They were suggesting, Mr. President,
that if there was an additional burden to be met, that they would
be able to do that because they already meet many of the standards.
Furthermore, ASF regulations, for example, require that patients undergoing every kind of ambulatory surgery be monitored
with high-tech equipment while under anesthesia. The abortion
regulations, on the other hand, require that the facility have the
highest-tech equipment, but do not require it to be used. There is
not a single provision in the abortion regulations relating to infection control. There was nothing to prohibit Gosnell, for instance, from eating cereal while doing procedures--which he
testified to--or from reusing single-use instruments, or from allowing sick, infested cats, which he also had, in the procedure
rooms, whereas several pages of rules cover infection control at
ASFs.
Mr. President, the cost study is somewhat unique in that we
have had so many other pieces of legislation that have passed
through this Chamber this year that have had industry impacts on
costs. Yet, we have done nothing to study those costs. I point
everyone to the recent tanning beds legislation, where we are
requiring these owners to meet new Federal standards, not just
State standards, building code standards, that they have staff on
the premises, that they use certain equipment, and provide additional equipment, at their cost, to the people who are using tanning beds. Similarly, we have had regulations passed on crane
operators, building contractors, plumbers, roofers, even puppy
mills, where we have not fully understood the impact. I am not
sure that is the obligation of government, to study those costs,
when the industry itself has chosen not to do so.
So, Mr. President, I respectfully rise to ask for a "no" vote on
this amendment.
from Allegheny, Senator One.
Senator ORIE. Mr. President, I thank the gentlewoman from
Cumberland County, Senator Vance. I would like to state for the
record that this was also debated pretty thoroughly in the House,
with exactly this argument, whether or not this would be by statute. I know we are in the process of trying to talk with general
counsel to the Governor, as well as with the Department of
Health, because we are not enacting the regulations. What we are
saying is that these abortion facilities must comply with the existing regulations. We are not changing regulations in the
Mensch amendment, nor have we in any way adopted them as
law. We are just telling them to comply.
Furthermore, Mr. President, in opposition to this amendment,
I will also state that there are nine States that have adopted the
Mensch amendment: Arkansas, Iowa, Illinois, Kansas, Maryland,
Missouri, Oklahoma, Oregon, and Tennessee. To date, none of
these States have been mentioned as showing any type impact as
JUNE 13,
to what has occurred in their States in closing down abortion
clinics.
Lastly, I would like to reiterate what my fellow colleague,
Senator Mensch, referred to. In the grand jury report, the abortion facilities, on pages 162 to 163, agreed with these recommendations, saying that they should be held to the same standards. So
I believe, Mr. President, that there is no need for this amendment, and I rise to oppose it.
Montgomery, Senator Leach.
Senator LEACH. Mr. President, will Senator Mensch stand
for brief interrogation?
The PRESIDENT. Will the gentleman yield?
Senator MENSCH. Mr. President, I am not the maker of the
amendment. I believe that the interrogation needs to be made of
the maker of the amendment.
Senator LEACH. Mr. President, I believe the rules do allow.
The PRESIDENT. The gentleman will suspend.
Senator Mensch, the request can be made to interrogate any
Senator at any time. It is up to you whether or not you will stand
for interrogation.
The answer is no, sir.
Senator LEACH. Mr. President, I would like to speak.
The PRESIDENT. The gentleman has the floor.
Senator LEACH. Mr. President, had I been able to interrogate
the maker of the original amendment, I would have asked him if
he was aware of how many--as I understand it, there are 24 freestanding clinics in Pennsylvania--how many of them would be in
compliance under his amendment? I say that because in 2003,
the State of Texas passed an almost identically-worded bill. It
was section 171.004 of Vernon's, which I remember because I
went to law school in Texas. It said, essentially, the same thing
that the Mensch amendment said, and it resulted in every single
clinic in Texas being in noncompliance.
I was just wondering if there had been any -- the reason I
think the study is important is because we should at least know,
one way or another, whether there are clinics in Pennsylvania
that are in compliance or not, and what that will mean to
healthcare for women. We do not know that currently. We just
know that in another demographically similar State, there was
absolutely a total loss of available healthcare for women in a
nonemergency situation.
So that is what I hoped to find out, if the Senator knew. Given
that the Senator will not defend his amendment, I will assume
that we still do not know that information, and I encourage my
colleagues to take that into consideration when they vote on this
amendment. All that this amendment is attempting to do is to try
to find out information.
The PRESIDENT. The Chair reminds the Members that right
now, we are debating the Vance amendment.
The Chair recognizes the gentleman from Blair, Senator
Eichelberger.
Senator EICHELBERGER. Mr. President, I will point out a
couple of things. I think there is some misinformation or some
misunderstanding that is floating around about what this amendment would do to the bill. This amendment would not provide
any information to us when voting on this bill. This amendment
would provide information at a much later time, 90 days or more
down the road, so we will vote on this bill without that informa-
2011
tion. So to think that this information will be provided to us so
that we can make a better decision is not an accurate statement.
Beyond that, I think what we are faced with today is setting
a new standard that we have never set before, at least since I
have been here. We have never asked for information, to my
knowledge, about what the effect of a bill that we pass here in
Harrisburg will do to a business or a local government, anywhere
in the Commonwealth. We do not think twice about passing all
sorts of legislation in this building that greatly impacts businesses and local governments around this State.
If we want to do that, I think that is a very admirable thing to
do, and I think that if we want to change our rules, and we want
to change how our fiscal notes are developed, and we want to
look at what our impacts are from the legislation we approve in
this building, I think that is a healthy thing. But clearly, to do
that, in this one instance, to highlight what will happen to abortion clinics, is an attempt to show that abortion clinics may be
harmed in some way by setting this very high standard for this
one particular bill.
So I ask for a "no" vote today and ask that if we have this high
standard that we want to set, then we should set it through the
rules and do it across the board for anything that has a fiscal
impact on the businesses or the local governments of this Commonwealth.
from Northampton, Senator Boscola.
Senator BOSCOLA. Mr. President, on the Vance amendment,
I listened to the other side of the aisle a little bit about the grand
jury report, and grand jury reports are meant to give, and they do,
more general-type statements. A study would actually get more
into the facts. There would be experts hired in this field to understand the specifics and get the facts.
Regardless of what you think about the Vance bill or the
Mensch amendment, the Vance amendment just says, let us
study this a little further. In fact, I will say to the other side of the
aisle, have you ever known a grand jury to be wrong? In certain
instances, some grand jury reports are wrong. All we are saying
is, now that you are giving this report to the Legislative Budget
and Finance Committee, at least we get the facts. We get to understand what is really going on with these healthcare clinics,
and that is all we are asking for.
Regardless of what you think about the bill in its current form,
we are just asking for more specifics, a study, and the facts. I
think this body should always be for the collection of facts.
from Philadelphia, Senator Kitchen.
Senator KITCHEN. Mr. President, I agree with my colleague,
the previous speaker. I think, at this time, we should be studying
the budget in a way to solve our budget problems instead of finding ways to circumvent the law, which is affecting a woman's
right to choose.
Mr. President, respectfully, if this was an issue affecting men,
who make up the majority of this body, then I think things would
be going a different way. And also, a way to cut down on the
number of abortions we talked about, maybe we should do a
study to see how much money we are spending on Viagra.
Mr. President, I think that a study--if it is correct what is being said here, what is the harm in doing a study to make sure that
633
what is being said is correct? Mr. President, I support this
amendment. I hope that my colleagues will think over what I just
said, and maybe they will support it, too. Thank you.
Allegheny, Senator Ferlo.
Senator FERLO. Mr. President, being roughly the same size
as my colleague, Senator Mensch, since he is not willing to stand
for interrogation, I would like to ask Senator Ferlo to stand for
interrogation.
The PRESIDENT. Will the gentleman yield.
Senator FERLO. Mr. President, I will yield, and I will stand
for interrogation. I would like to ask Senator Ferlo if he knows,
or if he is aware, of anyone in the grand jury who has any particular medical expertise that would qualify them to give expert
advice to the legislature on the appropriate standards of care that
abortion clinics should offer.
Well, I am not sure, Senator Ferlo, but if I had to guess, I
would say probably not. Most of the people on the grand jury
were not experts in the medical field, and they did not have any
particular knowledge that is relevant.
The PRESIDENT. Will the gentleman yield. If the gentleman
will yield, I remind the Senators that they have to speak through
the Chair. Thank you.
Senator FERLO. Yes, well, I am trying to do a triage here,
obviously, Mr. President.
I ask Senator Ferlo if he would entertain this question as well:
Does he know in particular whether anyone in the grand jury had
any expertise-Senator PILEGGI. Mr. President.
The PRESIDENT. Will the gentleman please yield.
POINT OF ORDER
Senator PILEGGI. Mr. President, point of order.
The PRESIDENT. The gentleman from Delaware, Senator
Pileggi, will state it.
Senator PILEGGI. Mr. President, the gentleman from Allegheny County is clearly out of order. There is no provision in our
rules for a Member addressing himself.
Senator FERLO. Mr. President, is there anybody on the aisle
opposite who would at least stand and respond to the questions,
since Senator Mensch is not willing to? Because we could talk
about a lot of grand jury reports, which I am willing to go into at
length here.
The PRESIDENT. If I might be so bold as to recommend to
the gentleman that perhaps he could make it a statement rather
than an interrogation of himself.
Senator FERLO. Mr. President, obviously, I rise in support of
the Vance amendment. Thank you.
POINT OF ORDER
Senator WILLIAMS. Mr. President, point of order.
The PRESIDENT. The gentleman from Philadelphia, Senator
Williams, will state it.
Senator WILLIAMS. Mr. President, on the question, I do not
know that there in fact is a rule that says a Member cannot interrogate himself. In fact, there has been a precedent established.
Senator Milton Street, almost 20 years ago, interrogated himself
on this floor. So, frankly, if there is going to be a rule, the rule
634
probably should be the precedent. The precedent has already
been established that a Member can indeed interrogate himself.
The PRESIDENT. The Chair thanks the gentleman, although
I believe that Senator Ferlo has completed his statement.
The Chair recognizes the gentlewoman from Allegheny, Senator One.
Senator ORIE. Mr. President, I rise briefly to respond to my
colleague from Montgomery County, on the other side of the
aisle, when he referred to Texas. I want to State on the record
that Pennsylvania is not adopting what Texas adopted. Texas
adopted that at 16 weeks, it mandated that you had to go to an
ambulatory surgical center. Pennsylvania's law is not identical to
Texas.
I have an e-mail to which I will refer from the general counsel
of the Texas Department of State Health Services, dated April
27, indicating that there are now 41 licensed abortion facilities in
Texas. He also indicated that the Texas Abortion Facility Reporting and Licensing Act does not currently have any type of requirements that Pennsylvania is considering in Pennsylvania
House Bill No. 574.
In addition, on June 10, 2011, I also received a follow-up
e-mail from Marc Allen Connolly, Assistant General Counsel,
Texas Department of State Health Services, that states he has
reviewed the Pennsylvania legislation, and it is not consistent
with Texas' regulation of abortion facilities. We do not require
these facilities to comply with licensing and regulatory requirements of ambulatory surgical centers.
In addition, just briefly, Mr. President, I would also like to
refer to the number of abortions in Texas, to show that there has
not been a decline. Mr. President, the number of abortions has
increased. In 2003, there were 79,000 abortions, and in 2008,
there were 81,591 abortions. There certainly is not a lack of providers for women in Texas.
Also, if you compare the overall pregnancies in Texas, in
2003, 17 out of every 100 pregnancies in Texas were aborted.
Conversely, in 2006, 16 of every 100 pregnancies were aborted.
It is less than a 1-percent differentiation, which surely shows that
this increase in health and safety regulations based on what
Texas had adopted certainly had no impact on Texas.
Again, Mr. President, I state for the record that Texas, if you
look at the ambulatory surgical centers, actually has tougher,
stricter standards than Pennsylvania. Lastly, I note that there are
nine States that have adopted the Mensch amendment: Arkansas,
Iowa, Illinois, Kansas, Maryland, Missouri, Oklahoma, Oregon,
and Tennessee.
POINT OF ORDER
Senator VANCE. Mr. President, point of order.
The PRESIDENT. The gentlewoman from Cumberland, Senator Vance, will state it.
Senator VANCE. Mr. President, well, now that the Senator
has finished, none, but I wanted to make a point of order that we
are debating the amendment and not the bill. On the amendment
only.
Senator COSTA. Mr. President, I was not intending to speak.
In fact, when the President asked me whether I was going to
JUNE 13,
speak, I said no. But the more I think about this conversation and
hear what Senator Vance is saying, that this is about the amendment, specifically on the amendment, I do not get what everyone
is afraid of. It is an amendment that requires a study to be done
over the course of 90 days, post-effectiveness of the legislation.
That is what this amendment does. If I am wrong, somebody
please stand up and tell me.
If the impact is not what it is going to be, as people are saying, whether it is Texas or here, a number of our Members believe it will have a significant impact. We believe that once that
report is concluded, that there will be evidence and documentation to allow us the opportunity to revisit this issue to see
whether or not the implementation of the provisions we talked
about in the Mensch amendment were, in fact, going to have the
effect of what has been stated.
But as a number of Members on the other side of the aisle are
saying, it is not going to have an impact. And if that is the case,
why the concern about adopting the amendment? Let us adopt
the amendment, gather the information, do the assessment, come
back, and have the opportunity to review and determine whether
or not the implementation of that legislation will have the effect
that we believe it might have, or it may not. I ask for an affirmative vote.
Allegheny, Senator Ferlo.
Senator FERLO. Mr. President, in fact, substantially, we have
strayed from the specific amendment at hand that Senator Vance
has offered, which I thought, naively and presumably, would be
supported by the overwhelming majority, even by those who are
hard and fast on the position of pro-life or anti-abortion. I would
think that even if they support the substantial bill that has been
altered by the so-called Mensch amendment, they at least would
want to know what the reality is.
So I would like to speak specifically about the amendment
and talk about what I perceive to be the reality, which I do believe is germane to my "yes" vote in favor of the offered amendment by Senator Vance today, because of Senator One's comments, at length, not on the amendment, but on the substantive
measure that we are about to consider. I spoke a few days ago
about what I felt was the impact on specific clinics in my Senate
district, and I think it is germane to the Vance amendment being
offered here today, of which I am going to vote in favor, and that
is whether or not there is an indication that has been stated to me
by agency officials, in this case, Planned Parenthood of Western
Pennsylvania, that currently, its procedure rooms are only 140
square feet, and that the ambulatory surgical facility regulations
would mandate that procedure rooms be at least 250 square feet
for the medications and services provided by this clinic.
Secondly, the association elevator is not compliant. For instance, it can fit a gurney, and is therefore equipped to deal with
a medical emergency. It does not meet the specific 3,500-pound
commercial weight requirement for a hospital-grade elevator that
is required for the volume of traffic and type of heavy equipment
elevators transport in specific hospitals.
These surgical facility regulations require a full-time registered nurse on staff at any time the facility is open, and currently,
in Pennsylvania, an average salary, as we know, for many RNs
is a little over $63,000 a year. This agency currently has in its
employ professional LPNs, at approximately $20 per hour for an
2011
annual, full-time salary of a little over $41,000. Again, the RN
position is not needed.
The PRESIDENT. Will the gentleman please yield.
Browne
Costa
Dinniman
Greenleaf
Hughes
Kasunic
Senator VANCE. Mr. President, point of order.
The PRESIDENT. The gentlewoman from Cumberland, Senator Vance, will state it.
Senator VANCE. Mr. President, the discussion has strayed far
from the amendment. This debate should be about the amendment only.
The PRESIDENT. The point of order is well taken. If it is the
general feeling of the body and the respective Caucuses that the
germaneness rule, which, previous to this point, the Chair has
understood has been liberal in its application--if it is to be more
strict, then the Chair would invite communication from the respective Caucus leaders to adopt that formally. It has been my
understanding that, traditionally, this body has allowed germaneness, perhaps, to stray a bit.
The gentleman, however-Senator FERLO. Mr. President, out of respect for my colleague, Senator Vance, I will close. Thank you.
from Cumberland, Senator Vance.
Senator VANCE. Mr. President, very briefly, again, on the
amendment, we are asking to do a study about how this affects
clinics. But lest we forget, this is not just about abortions. Someone mentioned, well, businesses do not have to do this. This is
about people's lives. If these close down, women will not have
healthcare. I think we have to remember, it is a matter of life,
hopefully not death.
I do not know how we can stand up and explain to our constituents that we do not want to know the facts, we want to close our
eyes, and not hear. This is, again, a very simple amendment, to
do a study by the Legislative Budget and Finance Committee,
which is well-known and well-renowned, and I ask for a "yes"
vote.
LEGISLATIVE LEAVE
Senator COSTA. Mr. President, I request a temporary Capitol
leave for Senator Solobay.
The PRESIDENT. Senator Costa requests a temporary Capitol
leave for Senator Solobay. Without objection, the leave will be
granted.
And the question recurring,
The yeas and nays were required by Senator VANCE and
YEA-31
Earl!
Erickson
Farnese
Ferlo
Fontana
Kitchen
Leach
Mcllhinney
Schwank
Stack
Tartaglione
Tomlinson
Vance
Yaw
Yudichak
NAY-19
POINT OF ORDER
Argall
Baker
Blake
Boscola
Brewster
635
Washington
Waugh
White Mary Jo
Williams
Wozniak
Alloway
Brubaker
Corman
Eichelberger
Folmer
Gordner
Mensch
One
Piccola
Pileggi
PiPPY
Rafferty
Robbins
Scarnati
Smucker
Solobay
Vogel
Ward
White Donald
SPECIAL ORDER OF BUSINESS
SUPPLEMENTAL CALENDAR No. 1
SENATE RESOLUTION No. 100, ADOPTED
Senator PILEGGI, without objection, called up from page 1
of Supplemental Calendar No. 1, Senate Resolution No. 100,
entitled:
A Resolution adopting a temporary rule of the Senate relating
solely to amendments to the General Appropriation Bill and other appropriation bills for the fiscal year beginning July 1, 2011, including
any amendments offered to or for supplemental appropriations for prior
fiscal years.
On the question,
The PRESIDENT. The Chair recognizes the gentlemen from
Senator COSTA. Mr. President, before we vote on this resolution, I would like to take a few moments to talk a little bit about
the resolution, if I may. Is that in order?
The PRESIDENT. The gentleman is in order.
Senator COSTA. Mr. President, Senate Resolution No. 100
tries to adopt a policy that, historically, this Chamber has
adopted to address budget issues. And the long and short of it,
Mr. President, is it requires any budget amendments offered in
the Committee on Appropriations or on the floor to be revenue-neutral. That means that if we wanted to add additional
spending to the higher education community, for example, that
we would have to have a corresponding reduction somewhere
else in the General Fund budget.
Mr. President, I rise to ask for a negative vote on Senate Resolution No. 100 this year because we think the circumstances this
year are different than what they have been in years past. Now,
I understand and respect the historical practice of this Chamber
along those lines, but, Mr. President, I recognize, and ask that my
colleagues recognize, that this year is unique. In the past, whenever we have dealt with this type of situation with regard to this
resolution, particularly the last 2 years, we have been in situations where we have had budget deficits that were looming, and
we did not have surpluses to help address that situation.
As we all know, this year's budget shortfall, as we go forward
for the 2011-12 budget, reflects an excess of $4 billion, mostly
money that was given to us by the Federal government through
636
the stimulus program, as well as other reductions, one-time expenditures, and the like, that we lose.
Mr. President, what we have at our disposal today, though, are
two sources of revenue that we think need to be part and parcel
of this conversation. One is the excess revenue from the current
fiscal year, which approximates close to $600 million, largely the
money from the Federal government, jobs money, education
money, lapses, and also budgetary reserve dollars, most of which
has already been addressed by the Governor in his upcoming
budget proposal, but also what we believe is currently a $540
million budget surplus, which may grow to approximately $600
million.
Senate Democrats believe that by adopting this resolution, we
will be precluded from having the opportunity to offer amendments that would allow us to utilize a portion of the surplus that
has been identified. In the Committee on Rules and Executive
Nominations earlier today, I tried to introduce an amendment
that would have allowed for an 80-percent use of the budgetary
surplus. Now, I recognize, Mr. President, that our role is to not
only look at what money we have left over this year, in terms of
fashioning what our budget would be for the following year. I
recognize that we need to look at our expected revenues for the
following year to determine exactly how much money we have
in position to spend this year.
But I also recognize that all economic forecasters have indicated that we will continue to have growth, as we have had for
the past several months, and we believe that growth will continue. Senate Democrats believe that they should not be precluded from offering amendments on the floor for various programs, specifically, making certain that we have the opportunity
to restore resources, to help human service programs that have
been cut, to the Department of Public Welfare, specifically Medical Assistance programs that have been cut dramatically in the
House budget, making certain that we are able to provide resources back into health and human service programs like the
uncompensated care line item that was cut by $31 million, with
the nearly $800,000 that was cut from the Rape Crisis Centers,
or the over $1 million that was cut from the domestic violence
lines. We would like the opportunity to restore some of those
proceeds, as well as drive dollars back into programs like the
Accountability Block Grant program that provides critically-needed early learning programs across this Commonwealth,
the tutoring lines, the dual enrollment lines, and the list can go on
and on and on.
Mr. President, we think it is inappropriate for us to be precluded from having access to use some of those proceeds in this
upcoming budget debate. We have not been part and parcel of
the conversation to the degree we have in the past, but we think
it is essential that we have the opportunity to be able to make
those recommendations on this Senate floor and allow our Members to make a decision as to whether or not we want to move
down that line. So for those reasons, Mr. President, I ask for a
negative vote on Senate Resolution No. 100.
LEGISLATIVE LEAVES
JUNE 13,
Senator COSTA. Mr. President, I request temporary Capitol
leaves for Senator Washington, Senator Williams, and Senator
Stack.
The PRESIDENT. Senator Costa requests temporary Capitol
leaves for Senator Washington, Senator Williams, and Senator
Stack. Without objection, the leaves will be granted.
LEGISLATIVE LEAVE CANCELLED
The PRESIDENT. Senator Solobay has returned, and his temporary Capitol leave is cancelled.
Will the Senate agree to the resolution?
Senator PILEGGI. Mr. President, I ask for an affirmative vote
on the resolution and will point out a few facts for the interest of
the Members. This resolution is substantially the same as the
previous resolutions that we have enacted, most times unanimously, prior to consideration of the general appropriation bills.
I am told that it is the same basic rule that has been used for at
least 10 years in this body, in years in which the revenues were
declining and we came up short on our estimates, and in years
when revenues were overperforming our estimates. So it is not
something that is only used in times when revenue meets estimates, which almost never happens.
Also, I would just like to remind the Members and the individuals listening to this today that the budget that we are talking
about is based on a revenue projection that is solely determined
by the Budget Secretary for the 2011-12 year. Whether or not we
end up above estimate at the end of this year, and if so, how
much, is only one component of the many components of putting
a spending plan together for 2011-12.
This resolution allows us to have a balanced approach in dealing with spending bills. There are 50 elected Members in this
body, and we can all have our own opinion on how much revenue might be available next year and use that opinion as the basis
for spending more in a line that we think deserves a greater level
of spending. This rule is designed to put some logic and reason
into that process. I ask for an affirmative vote.
Philadelphia, Senator Hughes.
Senator HUGHES. Mr. President, while I do agree with my
friend and colleague, the Majority Leader, that this is the same
rule that has been utilized for maybe even up to a decade, we are
not in the same situation that we have been in over many, many
years with respect to this budget.
The fact is that when the budget was presented by the Governor back on March 8, he projected a $78 million surplus with
which we would end the fiscal year. We are now $440 million
above his projection, in terms of the amount of money that we
have in reserve, the amount of surplus money we have in reserve.
As Senator Costa said earlier, if you add that to some additional funds that have been put in storage, if you will, by this
Governor, we could have in excess of maybe over $1.1 or $1.2
billion. Now, all we are asking, Mr. President, is that we have an
amendment process so that we can utilize these dollars available
2011
to us to make the attempt to fill in some of what we think are
extremely Draconian cuts that are made in far too many line
items.
Mr. President, we are looking at a situation where probably 75
percent of the school districts in the Commonwealth of Pennsylvania will increase local property taxes. We need these extra
dollars that are available to us to attempt to fill those areas.
Again, if we look at our students who are in college right now
and are in fact working this summer, preparing to amass enough
money to go back to college in September, many of them have
probably anticipated, earlier in the year, a modest tuition increase
of 2, 3, 4, maybe 5 percent. But now that the cuts have been projected by the administration and passed on by the House of Representatives, those tuition increases will probably be in the double digits - 10, 15, maybe 20 percent.
It is our hope that we will have access to these extra dollars,
this surplus money. Again, we are sitting on surplus money here
that had not been anticipated. So now the money is there. And all
we want to do, all Members, is to make sure that every Member
of this Senate Chamber has access to a rule, a vehicle to try to do
this in a way to utilize these surplus dollars to try to fill the hole
so that these young people do not have to be faced with incredible tuition increases.
When you have tuition increases of that nature, Mr. President,
more than likely, these students will be in a situation where they
will not be able to afford to take a number of classes they want
to take. It will be much more expensive. They will have to go
into greater debt and may have to extend their time in college
because, more than likely, a number of the classes they wanted
to take will not be offered at the same amount that they would
normally, so they would have to go to school for an extra semester.
So there will be tuition increases for our college students and
local property tax increases for our local communities as a result
of not having sufficient funds at the school district level. All we
want to do, Mr. President, is access this surplus money. Remember, these are surplus dollars that are available to us that have not
been factored into the budget process. We want to utilize those
surplus dollars, to factor them into the budget process so we can
create more jobs in Pennsylvania, so we do not have to decimate
our job creation program here in Pennsylvania, and so we can put
more people back to work.
That is what we want to do. We want to access the surplus
dollars that are available, the dollars that were unanticipated,
which are now in the State coffers and which will probably grow
by June 30 to over $600 million. We want to access those surplus
dollars and put them in an amendment process so we can put
people back to work, so we can reduce the amount of tuition
increases that would have to occur, so we can prevent local
school districts from having to raise local property taxes, and so
we might be able to fix some of the problems that still exist in
the Commonwealth.
Maybe we can get an amendment successfully passed that
would re-fund the adultBasic program, get the adultBasic health
insurance program back and working. Maybe we could find
enough money to provide support for our Housing and Redevelopment Assistance program, which helps local communities'
housing projects and neighborhood revitalization projects. Mr.
President, if we had access, through the amendment process, to
these surplus dollars, maybe we could restore our grants to the
637
arts programs so that our arts community could be fully funded,
or close to fully funded, and they could do the kind of incredible
economic development projects that they do, but more incredibly, the arts projects that they do that are so vital and important
to everyone here in this Commonwealth.
If we had access to the surplus dollars--again, Mr. President,
we are projecting that those surplus dollars may get up to over
$600 million by June 30. Maybe we can access those dollars to
provide tutorial support for our young people, who are attending
school and who clearly need additional academic support so they
can achieve their dreams and help the State be strong, economically and academically.
All we want to do, Mr. President, is to take a look at the surplus dollars that are there for us and say, look, let us utilize some
of those dollars to spend in the areas that were cut. If we can get
the opportunity to do that, not raise any taxes, put fewer people
out of work--you know, we have forgotten, in some way, shape,
or form here that the budget that was proposed by the Governor,
the budget that was passed by the House, the budget that is
poised here on the Senate side, will probably be putting 11,000
teachers out of work all across the State of Pennsylvania, and
probably another thousand school support employees across the
Commonwealth of Pennsylvania. But we have almost a
$600 million surplus.
All we want to do, Mr. President, is use the amendment process to access those surplus dollars so we can prevent people
from being laid off, decrease college tuitions, put people back to
work, prevent local communities from having to raise local property taxes, and fund the things that are important to everyone in
this body. I know the arts are important to folks in this body. I
know uncompensated care for our hospitals and healthcare institutions is important to this body. I know that helping young people achieve academic excellence through tutorial support is important to everyone in this body.
Well, if it is important, and we have the dollars available to
us, we need to have every mechanism at our disposal to utilize
them to help fill the holes in the budget. Consequently, Mr. President, that is what we tried to do in the Committee on Rules and
Executive Nominations earlier, and that is what we need to do on
the floor right now. So that is why I stand here, as my colleague,
Senator Costa, stood earlier.
LEGISLATIVE LEAVE
Senator PILEGGI. Mr. President, I request a legislative leave
for Senator Don White.
The PRESIDENT. Senator Pileggi requests a legislative leave
for Senator Don White. Without objection, the leave will be
granted.
The yeas and nays were required by Senator PILEGGI and
638
YEA-30
Alloway
Argall
Baker
Browne
Brubaker
Corman
Ear11
Eichelberger
Erickson
Folmer
Gordner
Greenleaf
Mcllhinney
Mensch
One
Piccola
Pileggi
PiPPY
Rafferty
Robbins
Scarnati
Smucker
Tomlinson
Vance
JUNE 13,
Vogel
Ward
Waugh
White Donald
White Mary Jo
Yaw
TOM CORBETT
Governor
June 9, 2011
NAY-20
Blake
Boscola
Brewster
Costa
Dinniman
Farnese
Ferlo
Fontana
Hughes
Kasunic
Kitchen
Leach
Schwank
Solobay
Stack
Tartaglione
Washington
Williams
Wozniak
Yudichak
The PRESIDENT. The resolution is adopted.
COMMUNICATIONS FROM THE GOVERNOR
REPORTED FROM COMMITTEE ON RULES
AND EXECUTIVE NOMINATIONS
Senator ROBBINS, from the Committee on Rules and Executive Nominations, reported communications from His Excellency, the Governor of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows:
June 9, 2011
April 18, 2011, for the appointment of Melanie DePalma (Voting Member), 1024 N. Waterford Way, Mechanicsburg 17050, Cumberland
County, Thirty-first Senatorial District, as a member of the Appalachian
States Low-Level Radioactive Waste Commission, to serve at the pleasure of the Governor, vice The Honorable John Hanger, Hummelstown,
resigned.
TOM CORBETT
Governor
April 18, 2011, for the appointment of Greg Dunlap (Voting Member),
613 Sweetbriar Drive, Harrisburg 17111, [data missing], Fifteenth
Senatorial District, as a member of the Appalachian States Low-Level
Radioactive Waste Commission, to serve at the pleasure of the Governor, vice The Honorable Calvin B. Johnson, Mechanicsburg, resigned.
TOM CORBETT
Governor
June 9, 2011
April 18, 2011, for the appointment of Stephanie Moore (Voting Member), 349 Orchard Road, Millerstown 17062, Juniata County, Thirtyfourth Senatorial District, as a member of the Appalachian States LowLevel Radioactive Waste Commission, to serve at the pleasure of the
Governor, vice The Honorable Dennis Yablonsky, Harrisburg, resigned.
TOM CORBETT
Governor
June 9, 2011
June 9, 2011
April 18, 2011, for the appointment of Mike Downing (Alternate Member), 123 Stanford Court, Mechanicsburg 17050, Cumberland County,
Thirty-first Senatorial District, as a member of the Appalachian States
Low-Level Radioactive Waste Commission, to serve at the pleasure of
the Governor, vice Richard Hogg, Kittanning, resigned.
April 18, 2011, for the appointment of Robert J. Salera, Esquire (Alternate Member), 1102 North 2nd Street, Harrisburg 17102, Dauphin
County, Fifteenth Senatorial District, as a member of the Appalachian
States Low-Level Radioactive Waste Commission, to serve at the pleasure of the Governor, vice John Blake, Archbald, resigned.
TOM CORBETT
Governor
2011
June 9, 2011
April 18, 2011, for the appointment of Bryan Troop (Voting Member),
224 E. King Street, Apt. 204, Lancaster 17602, Lancaster County, Thirteenth Senatorial District, as a member of the Appalachian States LowLevel Radioactive Waste Commission, to serve at the pleasure of the
Governor, vice The Honorable Allen D. Biehler, Pittsburgh, resigned.
639
A voice vote having been taken, the question was determined
in the affirmative.
The PRESIDENT. The nominations will be returned to the
Governor.
REPORT FROM COMMITTEE ON RULES
AND EXECUTIVE NOMINATIONS
Senator ROBBINS, from the Committee on Rules and Executive Nominations, reported the following nominations made by
His Excellency, the Governor of the Commonwealth, which were
read by the Clerk as follows:
MEMBER OF THE COMMONWEALTH OF
PENNSYLVANIA COUNCIL ON THE ARTS
TOM CORBETT
Governor
May 6, 2011
MEMBER OF THE STATE BOARD OF VEHICLE
MANUFACTURERS, DEALERS AND SALESPERSONS
June 6, 2011
April 18, 2011, for the appointment of Robert J. Salera, Esquire, 1102
North 2nd Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, as a member of the State Board of Vehicle Manufacturers,
Dealers and Salespersons, to serve until October 23, 2011, or until his
successor is appointed and qualified, but not longer than six months
beyond that period, vice Gary Barbera, Gladwyne, resigned.
advice and consent of the Senate, Laura E. Ellsworth, Esquire, 414
Laurel Oak Drive, Sewickley 15143, Allegheny County, Thirty-seventh
Senatorial District, for appointment as a member of the Commonwealth
of Pennsylvania Council on the Arts, to serve until July 1, 2013, and
until her successor is appointed and qualified, vice Carol Brown, Pittsburgh, whose term expired.
TOM CORBETT
Governor
May 6, 2011
TOM CORBETT
Governor
MEMBER OF THE STATE BOARD OF VEHICLE
MANUFACTURERS, DEALERS AND SALESPERSONS
June 6, 2011
April 18, 2011, for the appointment of Bryan Troop (Public Member),
224 E. King Street, Apt. 204, Lancaster 17602, Lancaster County, Thirteenth Senatorial District, as a member of the State Board of Vehicle
Manufacturers, Dealers and Salespersons, to serve for a term of four
years and until his successor is appointed and qualified, but not longer
than six months beyond that period, vice Joseph Steward, Philadelphia,
whose term expired.
TOM CORBETT
Governor
NOMINATIONS RETURNED TO THE GOVERNOR
Senator ROBBINS. Mr. President, I request that the nominations just read by the Clerk be returned to His Excellency, the
Governor.
advice and consent of the Senate, Jeffrey W. Gabel, 6 Dinwiddie Tract,
Gettysburg 17325, Adams County, Thirty-third Senatorial District, for
appointment as a member of the Commonwealth of Pennsylvania Council on the Arts, to serve until July 1, 2012, and until his successor is
appointed and qualified, vice Clifford Haines, Philadelphia, whose term
expired.
TOM CORBETT
Governor
May 6, 2011
advice and consent of the Senate, Gayle Isa, 4819 Beaumont Avenue,
Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for
appointment as a member of the Commonwealth of Pennsylvania Council on the Arts, to serve until July 1, 2013, and until her successor is
appointed and qualified, vice Karen Farmer White, Pittsburgh, whose
term expired.
TOM CORBETT
Governor
640
May 6, 2011
JUNE 13,
appointment as a member of the Pennsylvania Historical and Museum
Commission, to serve until the third Tuesday of January 2015, and until
his successor is appointed and qualified, vice Laura S. Fisher, Ligonier,
whose term expired.
TOM CORBETT
Governor
advice and consent of the Senate, William Lehr, Jr., 13 Field Lane,
Palmyra 17078, Lebanon County, Forty-eighth Senatorial District, for
appointed and qualified, vice Clyde McGeary, Camp Hill, whose term
expired.
TOM CORBETT
Governor
May 6, 2011
MEMBER OF THE PENNSYLVANIA
HISTORICAL AND MUSEUM COMMISSION
May 19, 2011
advice and consent of the Senate, Karen Dougherty Buchholz, 6262
Henry Lane, Flourtown 19031, Montgomery County, Seventh Senatorial District, for appointment as a member of the Pennsylvania Historical and Museum Commission, to serve until the third Tuesday of January 2015, and until her successor is appointed and qualified, vice Flora
L. Becker, Philadelphia, whose term expired.
TOM CORBETT
Governor
advice and consent of the Senate, Jen Holman Zaborney, 2005 Green
Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District,
for appointment as a member of the Commonwealth of Pennsylvania
Council on the Arts, to serve until July 1, 2013, and until her successor
is appointed and qualified, vice Caroline Allen, Harrisburg, whose term
expired.
TOM CORBETT
Governor
SECRETARY OF CONSERVATION AND
NATURAL RESOURCES
March 23, 2011
May 19, 2011
advice and consent of the Senate, Susan Corbett, 107 Spruce Drive,
Glenshaw 15116, Allegheny County, Fortieth Senatorial District, for
her successor is appointed and qualified, vice Kathleen A. Pavelko,
Mechanicsburg, whose term expired.
TOM CORBETT
Governor
advice and consent of the Senate, Richard J. Allan, 682 Saint Johns
Drive, Camp Hill 17011, Cumberland County, Thirty-first Senatorial
District, for appointment as Secretary of Conservation and Natural
Resources, to serve until the third Tuesday of January 2015, and until
his successor is appointed and qualified, vice The Honorable John
Quigley, Camp Hill, resigned.
TOM CORBETT
Governor
May 19, 2011
May 19, 2011
advice and consent of the Senate, William V. Lewis, Jr., 141 South
Highland Drive, Pittston 18640, Luzerne County, Fourteenth Senatorial
District, for appointment as a member of the Pennsylvania Historical
and Museum Commission, to serve until the third Tuesday of January
2015, and until his successor is appointed and qualified, vice Janet S.
Klein, Rydal, whose term expired.
TOM CORBETT
Governor
advice and consent of the Senate, John A. Barbour, 301 Green Lake
Drive, Mars 16046, Butler County, Fortieth Senatorial District, for
May 19, 2011
2011
advice and consent of the Senate, Fredrick C. Powell, 690 Moores
Mountain Road, Mechanicsburg 17055, York County, Thirty-first Senatorial District, for appointment as a member of the Pennsylvania Historical and Museum Commission, to serve until the third Tuesday of January 2015, and until his successor is appointed and qualified, vice Wayne
S. Spilove, Philadelphia, whose term expired.
TOM CORBETT
Governor
641
The Clerk read the nominations as follows:
May 6, 2011
May 19, 2011
advice and consent of the Senate, Richard M. Sand, 8201 Fenton Road,
Laverock 19038, Montgomery County, Fourth Senatorial District, for
his successor is appointed and qualified, vice Cheryl I. McClenneyBrooker, Philadelphia, whose term expired.
advice and consent of the Senate, Laura E. Ellsworth, Esquire, 414
Laurel Oak Drive, Sewickley 15143, Allegheny County, Thirty-seventh
Senatorial District, for appointment as a member of the Commonwealth
of Pennsylvania Council on the Arts, to serve until July 1, 2013, and
until her successor is appointed and qualified, vice Carol Brown, Pittsburgh, whose term expired.
TOM CORBETT
Governor
May 6, 2011
TOM CORBETT
Governor
MEMBER OF THE STATE BOARD OF NURSING
April 15, 2011
advice and consent of the Senate, Robert E. Ames (Public Member),
129 Second Street, Coaldale 18218, Schuylkill County, Twenty-ninth
Senatorial District, for appointment as a member of the State Board of
Nursing, to serve until March 10, 2014, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Christopher Bartlett, Philadelphia, resigned.
advice and consent of the Senate, Jeffrey W. Gabel, 6 Dinwiddie Tract,
Gettysburg 17325, Adams County, Thirty-third Senatorial District, for
appointed and qualified, vice Clifford Haines, Philadelphia, whose term
expired.
TOM CORBETT
Governor
TOM CORBETT
Governor
NOMINATIONS LAID ON THE TABLE
Senator ROBBINS. Mr. President, I request that the nominations just read by the Clerk be laid on the table.
The PRESIDENT. The nominations will be laid on the table.
EXECUTIVE NOMINATIONS
EXECUTIVE SESSION
Motion was made by Senator ROBBINS,
That the Senate do now resolve itself into Executive Session
for the purpose of considering certain nominations made by the
Governor.
Which was agreed to by voice vote.
May 6, 2011
advice and consent of the Senate, Gayle Isa, 4819 Beaumont Avenue,
Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for
appointment as a member of the Commonwealth of Pennsylvania Council on the Arts, to serve until July 1, 2013, and until her successor is
appointed and qualified, vice Karen Farmer White, Pittsburgh, whose
term expired.
TOM CORBETT
Governor
May 6, 2011
NOMINATIONS TAKEN FROM THE TABLE
Senator ROBBINS. Mr. President, I call from the table certain
nominations and ask for their consideration.
642
advice and consent of the Senate, William Lehr, Jr., 13 Field Lane,
Palmyra 17078, Lebanon County, Forty-eighth Senatorial District, for
appointed and qualified, vice Clyde McGeary, Camp Hill, whose term
expired.
TOM CORBETT
Governor
May 6, 2011
May 19, 2011
advice and consent of the Senate, Karen Dougherty Buchholz, 6262
Henry Lane, Flourtown 19031, Montgomery County, Seventh Senatorial District, for appointment as a member of the Pennsylvania Historical and Museum Commission, to serve until the third Tuesday of January 2015, and until her successor is appointed and qualified, vice Flora
L. Becker, Philadelphia, whose term expired.
TOM CORBETT
Governor
advice and consent of the Senate, Jen Holman Zabomey, 2005 Green
Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District,
for appointment as a member of the Commonwealth of Pennsylvania
Council on the Arts, to serve until July 1, 2013, and until her successor
is appointed and qualified, vice Caroline Allen, Harrisburg, whose term
expired.
TOM CORBETT
Governor
SECRETARY OF CONSERVATION AND
NATURAL RESOURCES
March 23, 2011
May 19, 2011
advice and consent of the Senate, Susan Corbett, 107 Spruce Drive,
Glenshaw 15116, Allegheny County, Fortieth Senatorial District, for
her successor is appointed and qualified, vice Kathleen A. Pavelko,
Mechanicsburg, whose term expired.
TOM CORBETT
Governor
advice and consent of the Senate, Richard J. Allan, 682 Saint Johns
Drive, Camp Hill 17011, Cumberland County, Thirty-first Senatorial
District, for appointment as Secretary of Conservation and Natural
Resources, to serve until the third Tuesday of January 2015, and until
his successor is appointed and qualified, vice The Honorable John
Quigley, Camp Hill, resigned.
TOM CORBETT
Governor
May 19, 2011
advice and consent of the Senate, John A. Barbour, 301 Green Lake
Drive, Mars 16046, Butler County, Fortieth Senatorial District, for
his successor is appointed and qualified, vice Laura S. Fisher, Ligonier,
whose term expired.
TOM CORBETT
Governor
JUNE 13,
May 19, 2011
advice and consent of the Senate, William V. Lewis, Jr., 141 South
Highland Drive, Pittston 18640, Luzerne County, Fourteenth Senatorial
District, for appointment as a member of the Pennsylvania Historical
and Museum Commission, to serve until the third Tuesday of January
2015, and until his successor is appointed and qualified, vice Janet S.
Klein, Rydal, whose term expired.
TOM CORBETT
Governor
May 19, 2011
advice and consent of the Senate, Fredrick C. Powell, 690 Moores
Mountain Road, Mechanicsburg 17055, York County, Thirty-first Sena-
2011
tonal District, for appointment as a member of the Pennsylvania Historical and Museum Commission, to serve until the third Tuesday of January 2015, and until his successor is appointed and qualified, vice Wayne
S. Spilove, Philadelphia, whose term expired.
TOM CORBETT
Governor
May 19, 2011
advice and consent of the Senate, Richard M. Sand, 8201 Fenton Road,
Laverock 19038, Montgomery County, Fourth Senatorial District, for
his successor is appointed and qualified, vice Cheryl I. McClenneyBrooker, Philadelphia, whose term expired.
TOM CORBETT
Governor
MEMBER OF THE STATE BOARD OF NURSING
April 15, 2011
advice and consent of the Senate, Robert E. Ames (Public Member),
129 Second Street, Coaldale 18218, Schuylkill County, Twenty-ninth
Senatorial District, for appointment as a member of the State Board of
Nursing, to serve until March 10, 2014, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Christopher Bartlett, Philadelphia, resigned.
TOM CORBETT
Governor
On the question,
Will the Senate advise and consent to the nominations?
The yeas and nays were required by Senator ROBBINS and
YEA-50
Erickson
Farnese
Ferlo
Folmer
Fontana
Gordner
Greenleaf
Hughes
Kasunic
Kitchen
Leach
McIlhinney
Mensch
One
Piccola
Pileggi
PiPPY
Rafferty
Robbins
Scarnati
Schwank
Smucker
Solobay
Stack
Tartaglione
Tomlinson
NAY-0
A constitutional majority of all the Senators having voted
"aye," the question was determined in the affirmative.
Ordered, That the Governor be informed accordingly.
EXECUTIVE SESSION RISES
Alloway
Argall
Baker
Blake
Boscola
Brewster
Browne
Brubaker
Corman
Costa
Dinniman
Ear11
Eichelberger
643
Vance
Vogel
Ward
Washington
Waugh
White Donald
White Mary Jo
Williams
Wozniak
Yaw
Yudichak
Senator ROBBINS. Mr. President, I move that the Executive
Session do now rise.
UNFINISHED BUSINESS
SENATE RESOLUTION ADOPTED
Senators LEACH, DINNIMAN, KASUNIC, BREWSTER,
BROWNE, TARTAGLIONE, WASHINGTON, ORIE,
PILEGGI, EARLL, FERLO, SOLOBAY, FARNESE, WARD,
GREENLEAF, VOGEL, FONTANA, STACK, RAFFERTY,
ERICKSON, ALLOWAY, BAKER, KITCHEN and BOSCOLA,
by unanimous consent, offered Senate Resolution No. 138, entitled:
A Resolution designating June 11, 2011, as "Alex's Lemonade
Stand Day" in Pennsylvania and encouraging all citizens to contribute
to the Alex's Lemonade Stand Foundation and other pediatric cancer
research programs.
On the question,
Montgomery, Senator Leach.
Senator LEACH. Mr. President, virtually everyone in this
Chamber has heard of Alex's Lemonade Stand. Alex Scott was
a young girl who contracted neuroblastoma, which is a pediatric
cancer, at a very young age. She fought a very courageous fight
and, ultimately, at the age of 8, lost that battle. But in the meantime, she had the idea to raise money for cancer research by
opening a lemonade stand.
When she first did this, people thought it was cute and that it
was a nice idea, but they did not realize the tenacity and the drive
of this young girl. Over the course of the year in which she
opened that very first lemonade stand in my district--she was a
constituent of mine, and she came here, and we introduced her to
many of the leaders of the State here in Harrisburg--it has raised
millions and millions and millions of dollars, all of which is going to cancer research. Every year, they have the Lemon Ball,
which is a major gala to raise money for pediatric cancer research. So I am extremely proud to introduce this resolution every year on behalf of young Alex, and I ask for its approval.
A voice vote having been taken, the question was determined
in the affirmative.
CONGRATULATORY RESOLUTIONS
The PRESIDENT laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote:
644
Congratulations of the Senate were extended to Robert Patrick
Leeson and to Carmel Febbo Ninno by Senator Boscola.
Congratulations of the Senate were extended to Miller Supply
Ace Hardware of Northampton by Senators Boscola and Browne.
Congratulations of the Senate were extended to Zachary
Schoener by Senator Browne.
Congratulations of the Senate were extended to Brown-Daub
Dealerships of Easton by Senators Browne, Boscola and Mensch.
Congratulations of the Senate were extended to Cael Sanderson by Senator Corman.
Congratulations of the Senate were extended to Theophilus
Watkins by Senator Kitchen.
Congratulations of the Senate were extended to Gerald J.
Kennedy by Senator Pileggi.
Congratulations of the Senate were extended to Jeromy Robin
Slaby by Senator Pippy.
Congratulations of the Senate were extended to Bailey
Ritchey, Thomas R. Newcomer, Spencer Bradford Sargent, Tyler
Ray Alan and to Saint Ferdinand Catholic Church of Cranberry
Township by Senator One.
Congratulations of the Senate were extended to Christopher
Michael Knabb, Shawn K. Hartman, Cory Ryan Lape, Nicholas
A. Rentschler and to Kyle M. Wills by Senator Schwank.
Congratulations of the Senate were extended to Mr. and Mrs.
Joe Sala by Senator Solobay.
Congratulations of the Senate were extended to H. Larry Roberts, Heather Miller, Safe Harbour of Carlisle and to the Cumberland Valley High School Girls Soccer Team by Senator Vance.
Congratulations of the Senate were extended to Bobby L.
James, Elaine Talaga, Fredericia Lynn Foster, Barbara
Greenberg, Veronica I. Blue and to Porter's Day Care and Educational Center by Senator Washington.
CONDOLENCE RESOLUTIONS
The PRESIDENT laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote:
Condolences of the Senate were extended to the family of the
late Thomas Rutkoski and to the family of the late William B.
Creese by Senator One.
BILLS ON FIRST CONSIDERATION
Senator BROWNE. Mr. President, I move that the Senate do
now proceed to consideration of all bills reported from committee for the first time at today's Session.
The bills were as follows:
SB 276, SB 800 and SB 1007.
And said bills having been considered for the first time,
Ordered, To be printed on the Calendar for second consideration.
PETITIONS AND REMONSTRANCES
Philadelphia, Senator Hughes.
Senator HUGHES. Mr. President, once again, as we begin the
process of probably coming to some level of closure on our State
budget, we cannot ignore the numbers, and the numbers speak
JUNE 13,
alarmingly clear of the need to deal with some very important
issues across this Commonwealth.
First and foremost, the number that is pressing in front of us
is the fact that on May 31, we ended the month with a surplus of
about $540 million. That cannot be ignored as we try to come up
with a budget that is fair, relevant, important, and responsive to
the needs of the people of the Commonwealth. But, in fact, Mr.
President, we did some research, and I think the research and the
history indicates that as we go through the month of June, it has
historically been the third-largest tax receipt month of any of the
12 in Pennsylvania. This is history, this is proven, this is fact.
More than likely, by the end of June 2011, we will be at a surplus
of over $600 million, $600 million that was not anticipated, that
was not calculated in the Governor's budget proposal on
March 8, that was not taken into account when the House of
Representatives completed its budget approximately 3 weeks
ago.
It is now a reality that we cannot ignore. We cannot ignore it,
Mr. President, because an overwhelming number of school districts across the Commonwealth, because of shortages in State
funding, are going through the process of raising local property
taxes. In addition, Mr. President, school districts have provided
us information that indicates that if things go in the direction that
has been projected, there will probably be layoffs of 11,000
teachers all across the State of Pennsylvania.
Now, I thought we were in the business of putting people to
work, not putting people out of work. In addition to that fact, Mr.
President, there are probably 1,000 additional nonteaching personnel in our schools across the Commonwealth who are also
confronting layoffs. I might add, in the city of Philadelphia, just
this past week, approximately 3,200 individuals received layoff
notices. We are going through a process of trying to make sure
the budget cuts impact as few individuals as possible, hopefully
with more resources from the Commonwealth of Pennsylvania.
I also know, Mr. President, that we need to be in the business
of putting people back to work. We need to be in the business of
creating an employing economy, an economy that creates new
businesses, supports new businesses, and allows businesses to
thrive. They only thrive when there are folks who are working,
making money, and then spending that money in the overall
economy. The problem that we have in this budget, Mr. President, is that the Department of Community and Economic Development, which is the principle job creating engine for the Commonwealth of Pennsylvania, has had its budget slashed by about
$160 million.
So if you think through it, Mr. President, if we want to be in
the business of putting people to work, if we want to be in the
business of continuing to revitalize the State's economy, we are
doing everything against that norm, everything against that rule.
The State's budget has grown as the State's revenues have grown.
We are a point and a half below the national average with respect
to our unemployment rate. And with all of that happening, we are
making the decision--we are going down the path to make a decision to put 11,000 people out of work, to decimate our job creation program at the Department of Community and Economic
Development by over $160 million. That is $160 million in fewer
resources that could put people to work in Pennsylvania.
We are shorting our healthcare system. This administration
chose to ignore the fact that on February 28, 42,000 people were
cut off of the adultBasic health insurance program, and it basi-
2011
cally took no steps to get those individuals put back into some
kind of healthcare program that is close to what the adultBasic
program provided. And on and on and on, Mr. President. Our
health programs are suffering, our economic development programs are suffering, our education programs are suffering, and
we are sitting on what will probably be $600 million in additional revenue coming into this Commonwealth by June 30.
Yet, we ignore these realities: 11,000 teachers being laid off;
1,000 nonteaching personnel being laid off across the Commonwealth; tuition increases for our college students will be probably
somewhere in the range of 10 percent; healthcare programs decimated; an increasing number of individuals who had health insurance now do not have it. Yet, we are sitting on a surplus of
$600 million, and we are choosing not to utilize that surplus to
deal with some of these very difficult problems.
So I rise, Mr. President, today, June 13, almost the middle of
the month of June, when we are supposed to be getting a budget
done by June 30, saying, let us use the money. Let us put Pennsylvania's people first. Let us utilize the dollars that are available
to us so that we can minimize local tax increases, so that we do
not have to lay off so many thousands of individuals from our
schools, so that we can minimize tuition increases, so that we can
revitalize our economic development engine in this Commonwealth, so that we can get more folks back to work and do the
right thing as far as the healthcare of the citizens of Pennsylvania
are concerned.
Mr. President, I rise to put Pennsylvania's people first, not to
put them last, but to put them first, and to make them our priority
as we claim that they are for so many. Thank you.
HOUSE MESSAGES
TUESDAY, JUNE 14, 2011
9:00 A.M
STATE GOVERNMENT (joint hearing
with the House State Government
Committee to consider Congressional
Redistricting)
Hrg. Rm. 1
North Off.
10:00 A.M. ENVIRONMENTAL RESOURCES AND Senate Maj.
ENERGY (to consider the nomination of Caucus Rm.
Bernard A. Labuskes, Jr., Esq., to the
Environmental Hearing Board; and to
consider Senate Bill No. 1100)
10:00 A.M.
LABOR AND INDUSTRY (to consider
Senate Bill No. 1128; and House Bill No.
440)
Room 461
Main Capitol
11:00 A.M.
AGING AND YOUTH (to consider
House Bill No. 463)
Room 461
Main Capitol
11:30 A.M.
JUDICIARY (to consider Senate Bills
No. 100 and 1131; and House Bills No.
40 and 396)
Room 8E-B
East Wing
11:45 A.M.
EDUCATION (to consider nominees to
Room 8E-A
the State Charter School Appeals Board:
East Wing
Kenneth Lawrence, Jr., Angela Marks,
Lee Ann Munger and Mitchell J. Yanyanin;
and to consider Senate Bills No. 172, 391,
1087, 1127 and 1129)
12:00 P.M. AGRICULTURE AND RURAL AFFAIRS Senate Maj.
(public hearing to consider the nomination Caucus Rm.
of Lynda Bowman to the Milk Marketing
Board; and a committee meeting to consider
House Bills No. 562 and 1424)
12:00 P.M.
CONSUMER PROTECTION AND
Room 461
PROFESSIONAL LICENSURE (to
Main Capitol
consider the nomination of the Hon. Katie
True for Commissioner of Professional and
Occupational Affairs; and House Bill No.
1336)
Off the Floor
APPROPRIATIONS (to consider
Rules Cmte.
Senate Bills No. 200, 237, 1086, 1096
Conf. Rm.
1097, 1122, 1123, 1124, 1125 and 1126;
and House Bills No. 38, 915, 960 and 1485)
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:
645
June 13, 2011
WEDNESDAY, JUNE 15, 2011
HB 1441 -- Committee on Local Government.
HB 1451 -- Committee on Finance.
9:30 A.M.
ANNOUNCEMENTS BY THE SECRETARY
The following announcements were read by the Secretary of
the Senate:
COMMITTEE MEETINGS
Room 8E-A
East Wing
WEDNESDAY, JUNE 22, 2011
9:30 A.M.
SENATE OF PENNSYLVANIA
COMMUNICATIONS AND
TECHNOLOGY (to consider Senate Bills
No. 162, 354, 355 and 356; and Senate
Resolution No. 10)
URBAN AFFAIRS AND HOUSING
(public hearing on the requirements for
carbon monoxide (CO) alarms)
Senate Maj.
Caucus Rm.
RECESS
MONDAY, JUNE 13, 2011
Off the Floor
COMMUNITY, ECONOMIC AND
RECREATIONAL DEVELOPMENT
(to consider Senate Bills No. 276, 800 and
1007)
Rules Cmte.
Conf. Room
Off the Floor
RULES AND EXECUTIVE
NOMINATIONS (to consider Senate
Resolution No. 100; and certain
Executive Nominations)
Rules Cmte.
Conf. Rm.
Lehigh, Senator Browne.
Senator BROWNE. Mr. President, I move that the Senate do
now recess until Tuesday, June 14, 2011, at 1 p.m., Eastern Daylight Saving Time, unless sooner recalled by the President pro
tempore.
The Senate recessed at 5:20 p.m., Eastern Daylight Saving
Time.

635 - PA General Assembly

Transcrição

Documentos relacionados

14 September 2010 - University of Waterloo

Regulators Propose Cap-and-Trade Program Relief

Semestre V - Prova - Casa de Cultura Britânica

The New York Times

Thailand`s Evolving Senate Today

notes of meeting held on 13 january 2010 in the

Hearing - New Jersey Legislature

J-A18044-12 2012 PA Super 273 *Retired Senior Judge assigned to

l leddys m

PROPOSAL regarding Item One on the Agenda of the

Medicamento Levitra Para Que Serve — Online Canadian Pharmacy

1 PROPOSAL regarding Item One on the Agenda of the General

June 13, 2011 PDF