COMMONWEALTH OF PENNSYLVANIA

^gtslattfre journal WEDNESDAY, JUNE 19, 2002

SESSION OF 2002 186TH OF THE GENERAL ASSEMBLY No. 45

SENATE WEDNESDAY, June 19, 2002

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

The PRESIDING OFFICER (Senator Mary Jo White) in the Chair.

PRAYER

The Chaplain, Reverend MAGNUS MOSERAY, of North Sandy Presbyterian Church, Utica, offered the following prayer:

I would like to open with a word of prayer. I will read the Scripture.

Therefore, brethren, seek out from among you several men of good reputation, full of the Holy Spirit and wisdom, whom we appoint over this business, but who will give themselves continu­ally to prayer and to the ministry of the world.

Eternal God, we come before You today with our hearts open to You. We come crying out to You for wisdom, for knowledge, for understanding. We come, Lord, that You would fill us with Your Holy Spirit, Lord, that You make us people of good reputa­tion, Lord, that we are able to carry out the affairs of this great State. And therefore, God, I pray in the name of Christ Jesus, the Anointed One, for this gathering today, that You will, O God, descend upon this place, descend upon this people, Lord, that they open their hearts toward You, that, God, You would put into their hearts obedience, leading, and guidance of the Holy Spirit, that, God, whatever has been discussed here today and in the days and the weeks and the months and the years to come, it should be done in the fear of God Almighty.

Let the Holy Spirit bring down his wisdom, his guidance, his leading. Let God himself be the Lord of all, the judge of all, and let there be clarity in every discussion, that, God, the objectives of these meetings will be accomplished.

This, O God, I ask today in the name of Jesus Christ, that this place is dedicated to You and these meetings are given to Your Lordship. This I ask in Jesus Christ's holy name. Amen. God bless you.

The PRESIDING OFFICER. The Chair thanks Reverend Moseray, who is the guest today of Senator Mary Jo White.

JOURNAL APPROVED

The PRESIDING OFFICER. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of June 18,2002.

The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator BRIGHTBILL, and agreed to by voice vote, further reading was dispensed with and the Journal was approved.

REPORTS F R O M COMMITTEES

Senator LEMMOND, from the Committee on State Govern­ment, reported the following bill:

SB 1485 (Pr. No. 2113)

An Act redesignating the Northeast Veterans Center as the Gino J. Merli Northeast Veterans Center.

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

SB 757 (Pr. No. 2121) (Amended)

An Act amending Title 24 (Education) of the Pennsylvania Consol­idated Statutes, further providing for creditable nonschool service and for creditable work experience.

SB 1394 (Pr. No. 1912)

An Act amending the act of July 28, 1953 (RL.723, No.230), known as the Second Class County Code, further providing for employ­ees eligible for retirement allowances.

SB 1395 (Pr. No. 1913)

An Act amending the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code, further providing for employ­ees eligible for retirement allowances.

LEGISLATIVE LEAVES

The PRESIDING OFFICER. The Chair recognizes the gentle­man from Lebanon, Senator Brightbill.

Senator BRIGHTBILL. Madam President, I ask for a legisla­tive leave for Senator Holl.

The PRESIDING OFFICER. Senator Brightbill requests a legislative leave for Senator Holl. Without objection, that leave is granted.

The Chair recognizes the gentleman from Luzeme, Senator Musto.

Senator MUSTO. Madam President, I request legislative leaves for Senator Stack and Senator A.H. Williams.

The PRESIDING OFFICER. Senator Musto requests legisla­tive leaves for Senator Stack and Senator A.H. Williams. With­out objection, those leaves are granted.

1954 LEGISLATIVE JOURNAL — SENATE JUNE 19,

CALENDAR

HB 1670 CALLED UP OUT OF ORDER

HB 1670 (Pr. No. 4016) ~ Without objection, the bill was called up out of order, from page 5 of the Third Consideration Calendar, by Senator BRIGHTBILL, as a Special Order of Busi­ness.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

HB 1670 (Pr. No. 4016) - The Senate proceeded to consider­ation of the bill, entitled:

An Act designating a certain bridge on SR 0054 over the North Branch of the Susquehanna River connecting Riverside, Northumberland County and Danville and Mahoning Townships, Montour County, as the Danville-Riverside Bridge.

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

required by the Constitution,

On the question, Shall the bill pass finally?

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

YEA-50

Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson Fumo Gerlach

Greenleaf Helfrick Holl Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow

Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades Robbins Scamati Schwartz Stack Stout

Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wozniak

NAY-0

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

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

SPECIAL ORDER OF BUSINESS GUEST OF SENATOR HAROLD F.

MOWERY PRESENTED TO THE SENATE

The PRESIDING OFFICER. The Chair recognizes the gentle­man from Cumberland, Senator Mowery.

Senator MOWERY. Madam President, it gives me a great deal of pleasure today to introduce to the Senate a young lady who is shadowing me for the day. Ashley May is the daughter of Robert and Grace May of Camp Hill. She just finished ninth

grade at Cumberland Valley High School and is currently en­rolled in the gifted program. Her class project is to do career shadowing, and she chose to watch and experience a normal legislative Session day to get a better understanding of govern­ment and social services.

Ashley participated in the Good Hope Middle School Quiz Bowl Team and helped to gamer a first-place State finish for the last 2 years. She was also part of the Knowledge Master Open Team and again placed first in the State. Ashley's interests out­side of school are volleyball, social studies, writing, playing the clarinet, graphic design, and sports. Please join me in giving a warm welcome to Ashley May.

The PRESIDING OFFICER. Would the guest of Senator Mowery please rise so the Senate may welcome you.

(Applause.)

RECESS

The PRESIDING OFFICER. The Chair recognizes the gentle­man from Lebanon, Senator Brightbill.

Senator BRIGHTBILL. Madam President, at this time I ask for a brief recess for a caucus of the Republicans for the purpose of a discussion, and we expect to be back here in maybe 10, 15, 20 minutes.

The PRESIDING OFFICER. The Chair recognizes the gentle­man from Berks, Senator O'Pake.

Senator O'PAKE. Madam President, likewise, the Democrats will have a very important caucus immediately at the rear of the Senate Chamber.

The PRESIDING OFFICER. For purposes of Republican and Democratic caucuses, with the expectation of returning in ap­proximately 20 minutes, without objection, the Senate will stand in recess.

AFTER RECESS

The PRESIDENT (Lieutenant Governor Robert C. Jubelirer) in the Chair.

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

LEGISLATIVE LEAVE

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

Senator BRIGHTBILL. Mr. President, I request a legislative leave for Senator Helfrick

The PRESIDENT. Senator Brightbill requests a legislative leave for Senator Helfrick. Without objection, that leave will be granted.

CONSIDERATION OF CALENDAR RESUMED

THIRD CONSIDERATION CALENDAR

BILLS OVER IN ORDER

HB 170, SB 559, HB 582 and HB 590 ~ Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL.

2002 LEGISLATIVE JOURNAL — SENATE 1955

BILL AMENDED

HB 751 (Pr. No. 1989) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending the act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act, fiirther providing for definitions; and providing for drug therapy protocol.

On the question, Will the Senate agree to the bill on third consideration? Senator THOMPSON offered the following amendment No.

A2621:

Amend Sec. 1 (Sec. 2), page 2, line 11, by inserting after "orders" where it appears the first time: for the provision of pharmacy services

Amend Sec. 1 (Sec. 2), page 2, line 16, by inserting after "setting": consistent with the institution's assignment of clinical duties

Amend Sec. 1 (Sec. 2), page 3, line 1, by striking out "HEALTH CARE FACILITY" and inserting: institution

Amend Sec. 1 (Sec. 2), page 3, line 3, by inserting a period after "act"

Amend Sec. 1 (Sec. 2), page 3, lines 3 through 13, by striking out "authorizing the" in line 3 and all of lines 4 through 13

Amend Sec. 1 (Sec. 2), page 3, line 16, by inserting after "OF­FERS": care and

Amend Sec. 1 (Sec. 2), page 3, line 18, by striking out "AND CARE"

Amend Sec. 1 (Sec. 2), page 3, lines 23 through 26, by striking out all of lines 23 through 25, "£18}" in line 26 and inserting: (17)

Amend Sec. 1 (Sec. 2), page 4, line 4, by striking out "(19V' and inserting: (18)

Amend Sec. 2 (Sec. 9.1), page 4, line 10, by striking out "delega­tion of the"

Amend Sec. 2 (Sec. 9.1), page 4, line 13, by striking out "delega­tion ofthe"

Amend Sec. 2 (Sec. 9.1), page 4, line 15, by striking out "delega­tion" and inserting: written agreement or protocol

Amend Sec. 2 (Sec. 9.1), page 4, line 18, by striking out "delega­tion of the"

Amend Sec. 2 (Sec. 9.1), page 4, line 19, by inserting after "physi­cian": , pharmacist or institution

Amend Sec. 2 (Sec. 9.1), page 4, line 22, by striking out "delega­tion of the"

Amend Sec. 2 (Sec. 9.1), page 4, line 25, by inserting after "($1,000,000)": per occurrence or claims made

Amend Sec. 2 (Sec. 9.1), page 4, line 28, by striking out "delega­tion of the"

Amend Sec. 2 (Sec. 9.1), page 5, by inserting between lines 29 and 30:

(iii) At the institution where a written agreement or protocol is in place.

Amend Sec. 2 (Sec. 9.1), page 5, line 30, by striking out "(iii}" and inserting: (iv)

Amend Sec. 2 (Sec. 9.1), page 6, line 2, by striking out "(iv)" and inserting: (v)

Amend Sec. 2 (Sec. 9.1), page 6, line 2, by striking out "investiga­tors" and inserting: representatives

Amend Sec. 2 (Sec. 9.1), page 6, line 3, by striking out "and" and inserting a comma

Amend Sec. 2 (Sec. 9.1), page 6, line 4, by inserting after "Phar­macy": and the Department of Health

Amend Sec. 2 (Sec. 9.1), page 6, line 7, by inserting after "physi­cian": and each licensed pharmacist

Amend Sec. 2 (Sec. 9.1), page 6, line 9, by striking out "delegation" and inserting: the written agreement or protocol

Amend Sec. 2 (Sec. 9.1), page 6, line 30, by striking out "or guide-line"

On the question, Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its

order at the request of Senator BRIGHTBILL.

BILL OVER IN ORDER

HB 754 ~ Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL.

BILL AMENDED

HB 767 (Pr. No. 4003) ~ The Senate proceeded to consider­ation of the bill, entitled:

An Act amending the act of March 28, 1984 (P.L.150, No.28), known as the Automobile Lemon Law, further providing for definitions and for resale of returned motor vehicle.

On the question, Will the Senate agree to the bill on third consideration? Senator MELLOW offered the following amendment No.

A3500:

Amend Sec. 1 (Sec. 10), page 9, line 27, by striking out "RE­TURNED" and inserting: repurchased

On the question, Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its

order at the request of Senator BRIGHTBILL.

BILL LAID ON THE TABLE

SB 857 (Pr. No. 2114) ~ The Senate proceeded to consider­ation of the bill, entitled:

A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, requiring an individual to pass a certification examination before being nominated to fill a vacancy or filing a nominating petition to become a district justice, also known as justice of the peace, or a judge of the traffic court in the City of Phila­delphia.

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

BILL AMENDED

SB 1164 (Pr. No. 1997) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsylva­nia Consolidated Statutes, prohibiting deception relating to solicitations for charity.

On the question, Will the Senate agree to the bill on third consideration?

1956 LEGISLATIVE JOURNAL — SENATE JUNE 19,

Senator MELLOW, on behalf of Senator O'PAKE, offered the following amendment No. A3496:

Amend Title, page 1, line 3, by striking out "charity" and inserting: charitable organizations

Amend Sec. 1 (Sec. 4107.3), page 1, line 8, by striking out "char­ity" and inserting: charitable organizations

Amend Sec. 1 (Sec. 4107.3), page 1, line 10, by striking out "a charity" and inserting: charitable organizations

Amend Sec. 1 (Sec. 4107.3), page 2, lines 5 through 19, by striking out all of said lines and inserting:

(d) Definition.-As used in this section, the term "charitable organi­zation" means any person granted tax exempt status under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. $ 501(c)(3)) or any person who is or holds himself out to be established for any charitable purpose or any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal which has a tendency to suggest there is a charitable purpose to any solicitation. An affiliate of a charitable organization which has its prin­cipal place of business outside this Commonwealth shall be a charitable organization for the purposes of this section.

On the question. Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its

order at the request of Senator BRIGHTBILL.

BILLS OVER IN ORDER

SB 1210, SB 1222 and SB 1258 ~ Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

HB 1272 (Pr. No. 1475) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending the act of June 19, 1931 (P.L.589, No.202), re­ferred to as the Barbers' License Law, fiuther providing for applications for licensure and for student barbers.

Considered the third time and agreed to,

On the question. Shall the bill pass finally?

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

YEA-50

Armstrong Greenleaf Mowery Bell Helfrick Murphy Bodack Holl Musto Boscola Hughes O'Pake Brightbill Jubelirer Orie Conti Kasunic Piccola Corman Kitchen Punt Costa Kukovich Rhoades Dent LaValle Robbins Earll Lemmond Scamati Erickson Logan Schwartz

Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wozniak

Fumo Gerlach

Madigan Mellow

Stack Stout

NAY-0

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

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

BILLS OVER IN ORDER

SB 1396, SB 1401, SB 1403, SB 1419, SB 1448 and HB 1458 ~ Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

HB 2125 (Pr. No. 4057) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 34 (Game) of the Pennsylvania Consoli­dated Statutes, further providing for the powers and duties of enforce­ment officers and deputy game commission officers; authorizing li­censed hunters to remove deer over baited areas in certain areas pursu­ant to Pennsylvania Game Commission regulations; and increasing the penalty for safety zone violations.

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

required by the Constitution,

On the question, Shall the bill pass finally?

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

Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson Fumo Gerlach

Greenleaf Helfrick Holl Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow

YEA-50

Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades Robbins Scamati Schwartz Stack Stout

NAY-0

Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wozniak

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

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

2002 LEGISLATIVE JOURNAL — SENATE 1957

BILLS OVER IN ORDER

HB 2398 and HB 2445 - Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL.

SECOND CONSIDERATION CALENDAR

BILL REREPORTED FROM COMMITTEE AS AMENDED ON SECOND CONSIDERATION

HB 497 (Pr. No. 4032) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending the act of May 22,1951 (P.L.317, No.69), known as The Professional Nursing Law, regulating the practice and licensure of dietetics and nutrition; further providing for penalties; and making an appropriation.

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

ation.

BILLS OVER IN ORDER

SB 449 and SB 451 ~ Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL.

BILL ON SECOND CONSIDERATION

SB 615 (Pr. No. 665) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consoli­dated Statutes, further providing for restraint systems and points for violations.

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

ation.

BILL OVER IN ORDER AND RECOMMITTED

SB 856 (Pr. No. 985) ~ The Senate proceeded to consider­ation of the bill, entitled:

A Joint Resolution proposing integrated amendments to the Consti­tution of the Commonwealth of Pennsylvania, providing for retention election of justices of the peace.

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

Pursuant to Senate Rule X, the bill was recommitted to the Committee on State Government.

BILL REREFERRED

HB 878 (Pr. No. 1991) ~ The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 62 (Procurement) of the Pennsylvania Con­solidated Statutes, fiirther providing for supplies manufactured and services performed by persons with disabilities.

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

BILL ON SECOND CONSIDERATION

SB 1242 (Pr. No. 1940) ~ The Senate proceeded to consider­ation of the bill, entitled:

An Act providing for the adoption of capital projects to be financed from current revenues of the Game Fund.

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

ation.

BILLREREFERRED

SB 1372 (Pr. No. 1850) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 53 (Municipalities Generally) of the Penn­sylvania Consolidated Statutes, providing for wage tax reduction.

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

BILL OVER IN ORDER

SB 1374 ~ Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL.

BILL ON SECOND CONSIDERATION

SB 1393 (Pr. No. 1911) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Titles 18 (Crimes and Offenses) and 75 (Vehi­cles) of the Pennsylvania Consolidated Statutes, further providing for child passenger protection and for related penalties.

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

ation.

BILLS OVER IN ORDER

SB 1409 and SB 1410 - Without objection, the bills were passed over in their order at the request of Senator BRIGHTBILL.

BILLS REREFERRED

SB 1423 (Pr. No. 1971) -- The Senate proceeded to consider­ation of the bill, entitled:

1958 LEGISLATIVE JOURNAL — SENATE JUNE 19,

An Act amending the act of August 5, 1932 (Sp.Sess., P.L.45, No.45), referred to as the Sterling Act, providing for crediting of certain taxes paid by nonresidents.

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

SB 1424 (Pr. No. 2073) - The Senate proceeded to consider­ation of the bill, entitled:

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 requisites for foreign companies to do business; deleting provisions relating to admitted assets; further providing for standard nonforfeiture law for individual deferred annuities, and for title insurance agents; further defining "wet marine and transportation insurance"; and further providing for placement of surplus lines insurance, for requirements for eligible surplus lines insurers, for surplus lines licensee's duty to notify insured, for declarations, for licensing of surplus lines licensee, for records of surplus lines licensee, for suspension, revocation or nonrenewal of surplus lines licensee's license and for service of process in actions against surplus lines insurer.

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

BILL OVER IN ORDER

SB 1433 — Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL.

BILL LAID ON THE TABLE

HB 1478 (Pr. No. 2104) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsylva­nia Consolidated Statutes, further providing for mandatory fingerprint­ing.

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

BILLREREFERRED

HB 1804 (Pr. No. 4006) - The Senate proceeded to consider­ation of the bill, entitled:

An Act providing for pooled trusts for persons with disabilities.

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

BILL OVER IN ORDER

HB 1952 ~ Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL.

BILL ON SECOND CONSIDERATION

HB 2223 (Pr. No. 3032) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending the act of June 12, 1919 (P.L.476, No.240), re­ferred to as the Second Class County Recorder of Deeds Fee Law, pro­viding for additional fees; and establishing a County Records Improve­ment Fund.

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

ation.

BILL ON SECOND CONSIDERATION AND REREFERRED

HB 2529 (Pr. No. 3809) - The Senate proceeded to consider­ation of the bill, entitled:

An Act providing for the capital budget for the fiscal year 2002-2003 and for the establishment of a capital projects oversight board.

Considered the second time and agreed to, Ordered, To be printed for third consideration. Upon motion of Senator BRIGHTBILL, and agreed to by

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

SPECIAL ORDER O F BUSINESS SUPPLEMENTAL CALENDAR No. 1

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 1164 (Pr. No. 2122) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsylva­nia Consolidated Statutes, prohibiting deception relating to solicitations for charitable organizations.

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

required by the Constitution,

On the question, Shall the bill pass finally?

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

YEA-50

Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa

Greenleaf Helfrick Holl Hughes Jubelirer Kasunic Kitchen Kukovich

Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades

Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo

2002 LEGISLATIVE JOURNAL — SENATE 1959

Dent Earll Erickson Fumo Gerlach

LaValle Lemmond Logan Madigan Mellow

Robbins Scamati Schwartz Stack Stout

NAY-0

Williams, Anthony H. Williams, Constance Wozniak

Bodack Costa Fumo Hughes Kasunic

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.

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.

NOMINATIONS TAKEN FROM TABLE

Senator ROBBINS. Mr. President, I call from the table a cer­tain nomination and ask for its consideration.

The Clerk read the nomination as follows:

JUDGE, COURT OF COMMON PLEAS, NORTHAMPTON COUNTY

NAY-20

April 5, 2002

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, Emil A. Giordano, Esquire, 4380 Loraine Lane, Bethlehem 18017, Northampton County, Sixteenth Sena­torial District, for appointment as Judge of the Court of Common Pleas of Northampton County, to serve until the first Monday of January 2004, vice The Honorable Robert E. Simpson, Jr., resigned.

Mark S. Schweiker Governor

On the question, Will the Senate advise and consent to the nomination?

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

YEA-30

Armstrong Bell Boscola Brightbill Conti Corman Dent Earll

Erickson Gerlach Greenleaf Helfrick Holl Jubelirer Lemmond Madigan

Mowery Murphy Orie Piccola Punt Rhoades Robbins Scamati

Thompson Tomlinson Waugh Wenger White, Donald White, Mary Jo

Kitchen Kukovich LaValle Logan Mellow

Musto O'Pake Schwartz Stack Stout

Tartaglione Wagner Williams, Anthony H. Williams, Constance Wozniak

Less than a constitutional two-thirds majority of all the Sena­tors having voted "aye," the question was determined in the nega­tive.

Ordered, That the Governor be informed accordingly.

Senator ROBBINS. Mr. President, I call from the table the following nomination and ask for its consideration.

The Clerk read the nomination as follows:

JUDGE, COURT OF COMMON PLEAS, MONTGOMERY COUNTY

April 5, 2002

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, Steven T. O'Neill, Esquire, 426 Bryn Mawr Avenue, Bala Cynwyd 19004, Montgomery County, Seventeenth Senatorial District, for appointment as Judge of the Court of Common Pleas of Montgomery County, to serve until the first Monday of January 2004, vice The Honorable Samuel W. Salus, II, resigned.

Mark S. Schweiker Governor

On the question, Will the Senate advise and consent to the nomination?

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

YEA-SO

Armstrong Bell Boscola Brightbill Conti Corman Dent Earll

Bodack Costa Fumo Hughes Kasunic

Erickson Gerlach Greenleaf Helfrick Holl Jubelirer Lemmond Madigan

Kitchen Kukovich LaValle Logan Mellow

Mowery Murphy Orie Piccola Punt Rhoades Robbins Scamati

NAY-20

Musto O'Pake Schwartz Stack Stout

Thompson Tomlinson Waugh Wenger White, Donald White, Mary Jo

Tartaglione Wagner Williams, Anthony H. Williams, Constance Wozniak

Less than a constitutional two-thirds majority of all the Sena­tors having voted "aye," the question was determined in the nega­tive.

Ordered, That the Governor be informed accordingly.

1960 LEGISLATIVE JOURNAL — SENATE JUNE 19,

Senator ROBBINS. Mr. President, I call the from the table the following nomination and ask for its consideration.

The Clerk read the nomination as follows:

JUDGE, COURT OF COMMON PLEAS, BLAIR COUNTY

April 5, 2002

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, Daniel J. Milliron, Esquire, 101 South Beckman Drive, Altoona 16602, Blair County, Thirtieth Senatorial District, for appointment as Judge of the Court of Common Pleas of Blair County, to serve until the first Monday of January 2004, vice The Honorable Norman D. Callan, lost retention election.

Mark S. Schweiker Governor

On the question, Will the Senate advise and consent to the nomination?

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

YEA-30

Armstrong Bell Boscola Brightbill Conti Corman Dent Earll

Bodack Costa Fumo Hughes Kasunic

Erickson Gerlach Greenleaf Helfrick Holl Jubelirer Lemmond Madigan

Kitchen Kukovich LaValle Logan Mellow

Mowery Murphy Orie Piccola Punt Rhoades Robbins Scamati

NAY-20

Musto O'Pake Schwartz Stack Stout

Thompson Tomlinson Waugh Wenger White, Donald White, Mary Jo

Tartaglione Wagner Williams, Anthony H. Williams, Constance Wozniak

Less than a constitutional two-thirds majority of all the Sena­tors having voted "aye," the question was determined in the nega­tive.

Ordered, That the Governor be informed accordingly.

EXECUTIVE SESSION RISES

Senator ROBBINS. Mr. President, I move that the Executive Session do now rise.

The motion was agreed to by voice vote.

RECONSIDERATION O F VOTES

NOMINATIONS LAID ON THE TABLE

The PRESIDENT. The Chair recognizes the gentleman from Lackawanna, Senator Mellow.

Senator MELLOW. Mr. President, prior to resolutions, I would like to move that the votes by which the nominations of Mr. Steven T. O'Neill and Mr. Daniel J. Milliron were defeated be reconsidered, and that those two nominations be laid on the table.

On the question, Will the Senate agree to the motion? A voice vote having been taken, the question was determined

in the affirmative.

RECONSIDERATION O F VOTE

NOMINATION LAID ON THE TABLE

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

Senator DENT. Mr. President, I move to reconsider the vote by which the nomination of Mr. Emil A. Giordano was defeated be reconsidered and laid on the table.

On the question, Will the Senate agree to the motion? A voice vote having been taken, the question was determined

in the affirmative.

UNFINISHED BUSINESS SENATE RESOLUTIONS ADOPTED

Senators GREENLEAF, O'PAKE, HUGHES, RHOADES, TOMLINSON, WAGNER, EARLL, MOWERY, A. WIL­LIAMS, DENT, KUKOVICH, C. WILLIAMS, TARTAGLIONE, WENGER, ERICKSON, ROBBINS, STOUT, COSTA, HOLL, MUSTO, LOGAN, MURPHY, KITCHEN, ORIE, MELLOW, LEMMOND, SCARNATI, STACK, SCHWARTZ and WAUGH, by unanimous consent, offered Senate Resolution No. 253, entitled:

A Resolution designating the month of September 2002 as "Pros­tate Cancer Awareness Month" in Pennsylvania.

Which was read, considered, and adopted by voice vote.

Senator C. WILLIAMS, by unanimous consent, offered Sen­ate Resolution No. 254, entitled:

A Resolution observing July 4, 2002, as "Let Freedom Ring Day" and encouraging Pennsylvania to participate in the National Bell Ring­ing Ceremony that will occur on that day.

On the question, Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentlewoman from Montgomery, Senator C. Williams.

Senator C. WILLIAMS. Mr. President, in 1776, the people of Philadelphia heard the resonating ringing of the Liberty Bell, which quickly became our nation's symbol to our right to life, liberty, and the pursuit of happiness, and proudly announced our Declaration of Independence. In the 226 years that have passed,

2002 LEGISLATIVE JOURNAL — SENATE 1961

Americans have found many ways to celebrate our nation's inde­pendence. We watch high school bands march in parades along with polished fire trucks. We attend family picnics with water­melon and hotdogs, and we watch spectacular fireworks displays. Sometimes it is too easy to forget the fundamental principles underlying this celebration.

Therefore, Mr. President, I am introducing a resolution that would declare July 4,2002, as "Let Freedom Ring Day," encour­aging Pennsylvania to participate in the national bell ringing ceremony that will occur that day. The participating bells this year are being rung at Independence Hall in Philadelphia, the Arizona Memorial in Pearl Harbor, the National Cathedral in Washington, D.C., Old North Church in Boston, Arlington Na­tional Cemetery, on each of the commissioned ships in the United States Navy, and at churches, synagogues, government buildings, and carillons across the country. I hope that all Penn-sylvanians will ring a bell 13 times at 2 p.m. on July 4 to observe the meaning and spirit of Independence Day.

Mr. President, I urge foil Senate support of this resolution, because the right to life, liberty, and the pursuit of happiness was not taken for granted by the founders, and it is not taken for granted by us. Let us observe the meaning and spirit especially of this Independence Day by remembering the brave men and women who brought this nation into being by declaring July 4, 2002, as "Let Freedom Ring Day."

Thank you, Mr. President.

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

in the affirmative.

Senators C. WILLIAMS and SCHWARTZ, by unanimous consent, offered Senate Resolution No. 255, entitled:

A Resolution recognizing June 20, 2002, as "National Service Day" in Pennsylvania.

On the question, Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentlewoman from Montgomery, Senator C. Williams.

Senator C. WILLIAMS. Mr. President, President Andrew Jackson once stated that there should be "equal opportunity for all and special privilege for none." And President John F. Ken­nedy chilled us when he said, "...ask not what your country can do for you; ask what you can do for your country." Their words promoted national service and encouraged generations of people to understand that citizenship entails serving others.

Volunteerism is a celebration of American spirit of commu­nity involvement. President Clinton said of volunteerism, "It is an American idea which every American should embrace." How­ever, national service entails more than just volunteerism. It en­compasses a compact between a community and its residents to engage in community beneficial relationships. National service can be as simple as reading to young people or even picking up trash along the roadside. And as we saw on September 11, na­

tional service can entail putting your life on the line for the safety of your fellow citizens. National service promotes the ethic of mutual responsibility in which government has an obligation to create opportunities for its citizens and citizens have an obliga­tion to give something back, and it strengthens the bonds of citi­zenship and patriotism and nourishes another generation of peo­ple to understand that citizenship entails serving others.

Therefore, Mr. President, I urge foil Senate support to recog­nize tomorrow, June 20, as "National Service Day" in Pennsylva­nia, to strengthen the bond between government and residents of this Commonwealth.

Thank you, Mr. President.

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

in the affirmative.

Senators ORIE, KUKOVICH, BOSCOLA, M. WHITE, MUSTO, LEMMOND, COSTA, LOGAN, TARTAGLIONE, A. WILLIAMS, MOWERY, SCHWARTZ, KITCHEN, LAVALLE, CONTI, C. WILLIAMS and STACK, by unanimous consent, offered Senate Resolution No. 256, entitled:

A Resolution urging the President of the United States, the Secre­tary of Education and the Congress to reconsider any decision to reopen longstanding Title IX athletics policies that expanded opportunities for millions of female athletes.

Which was read, considered, and adopted by voice vote.

DISCHARGE PETITIONS

The PRESIDENT laid before the Senate the following com­munications, which were read by the Clerk as follows:

June 19, 2002

A PETITION

To place before the Senate the nomination of Katherene E. Holtzinger Conner, Esq., as a member of the State Civil Service Commission.

TO: The President Officer of the Senate:

WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby re­quest that you place the nomination of Katherene E. Holtzinger Conner, Esq., as a member of the State Civil Service Commission, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:

Raphael J. Musto Robert J. Mellow Michael A. O'Pake Jack Wagner Richard A. Kasunic J. Barry Stout Vincent J. Fumo

June 19,2002

A PETITION

To place before the Senate the nomination of Norah Griffiths, as a member of the State Registration Board of Professional Engineers, Land Surveyors and Geologists.

1962 LEGISLATIVE JOURNAL — SENATE JUNE 19,

TO: The President Officer of the Senate:

WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby re­quest that you place the nomination of Norah Griffiths, as a member of the State Registration Board of Professional Engineers, Land Surveyors and Geologists, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:

Raphael J. Musto Robert J. Mellow Michael A. O'Pake Jack Wagner Richard A. Kasunic J. Barry Stout Vincent J. Fumo

June 19,2002

A PETITION

To place before the Senate the nomination of Maggie Baker, as District Justice, Lehigh County.

TO: The President Officer of the Senate:

WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby re­quest that you place the nomination of Maggie Baker, as District Jus­tice, Lehigh County, before the entire Senate body for a vote, the nomi­nation not having been voted upon within 15 legislative days:

Raphael J. Musto Robert J. Mellow Michael A. O'Pake Jack Wagner Richard A. Kasunic J. Barry Stout Vincent J. Fumo

The PRESIDENT. The communications will be laid on the table.

CONGRATULATORY RESOLUTIONS

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

Congratulations of the Senate were extended to Mr. and Mrs. Albert W. Holtgraver, George Sacco and to Futules' Restaurant & Lounge of Oakmont by Senator Bodack.

Congratulations of the Senate were extended to Gordon Bennett, John R. Hughes, Avalon Diamond Jewelers of White­hall and to the Lafarge America Whitehall Plant by Senator Boscola.

Congratulations of the Senate were extended to Patricia W. Levin by Senators Boscola and Dent.

Congratulations of the Senate were extended to Mr. and Mrs. James Haney and to Michael Broadbent by Senator Conti.

Congratulations of the Senate were extended to Mr. and Mrs. Walter C. Meussner and to Sean Joseph Gavin by Senator Costa.

Congratulations of the Senate were extended to Jesse Thomas Long, Imirage, Inc., and to St. John's United Church of Christ of Whitehall by Senator Dent.

Congratulations of the Senate were extended to Robert J. Knoll, Daniel P. Cooper, Scott W. Faust and to the Red Hot Wild Things Girls' Softball Team by Senator Gerlach.

Congratulations of the Senate were extended to Mr. and Mrs. Albert F. Borth, Jr., and to Mary Andreacola by Senator Green­leaf.

Congratulations of the Senate were extended to Frank Underbill, Cameron Sutter and to Jason Smith by Senator Helfrick.

Congratulations of the Senate were extended to Michael S. Gibson by Senator Holl.

Congratulations of the Senate were extended to Ronald D. Wilson, Robert Lee Elder, Crystal Harvey, Blythe Crawley, Teia Stone, Ernest Wilder, Richelle Edwards, Natalie Edgerton and to Eden Cemetery by Senator Hughes.

Congratulations of the Senate were extended to Bruno and Lena DeGol by Senator Jubelirer.

Congratulations of the Senate were extended to the Reverend Stephen J. Drab, Valeria Tuskan, Rose Anna Zoretic, Stephanie Trout, Dolores Suchevits, Nick Bumcheck, Jr., Charles Pulig, Bette J. Holloman, Joan Louise Gallis and to Edward P. Bmich by Senator Kasunic.

Congratulations of the Senate were extended to Robert Otto, John Broadbent, Thomas LaCorte, Ryan Macartney, Steven Itzko, Vincent Labrice, Robert Ingram, Raymond Heim, Michael Coleman, Eugene Simon, Joseph McKay, Monaie Pistoria, James Jackson, Richard Bova, Ronald Gehring, Joseph Murray, Gerard Smink, Marc Boffinger, the Reverend Dr. Edward Jones, Robert Harris, Charles Kline, Frank Bonett, Edward Ashbum, Robert Ritchie, Robert Jonas, Anthony Luca, Mike Mahalis, George Kieffer, Victor Roldan, Anthony Chiarolanza, Nadir Osborne, Charles Cassidy, Scott Pollack, William Caine, Jose Morales, James Bonner, Anthony J. Sneidar, Leonard Boris, Joni Kuonen, James Chandler, Robert Gaughan, Fred Baker, Thomas Coyle, Charles Dixon, John Sillman, Craig Murphy, Thomas Minor, Pedro Carire, Joseph Woods, Joseph Potts, Michael Hollywood and to Joseph Hueber by Senator Kitchen.

Congratulations of the Senate were extended to Mr. and Mrs. Gilbert Fugile, Dale Gregoritch, Robert R. Ragan III and to Mark Sayre by Senator Kukovich.

Congratulations of the Senate were extended to Mr. and Mrs. John Doris, Mr. and Mrs. Charles Kline and to George Thomas by Senator Lemmond.

Congratulations of the Senate were extended to Mr. and Mrs. Leonard Riviello, the Reverend and Mrs. Preston Dusman and to Dr. Beth McMahon by Senator Madigan.

Congratulations of the Senate were extended to the Reverend Dr. John W. Aupperle and to Gateway Star Publications of Monroeville by Senator Murphy.

Congratulations of the Senate were extended to Sister Mary Casimir by Senator O'Pake.

Congratulations of the Senate were extended to Mr. and Mrs. Wayne Park, Brant A. Colamarino, Debra Thomas, Lemerville Speedway, Chester Marburger Field of Mars, Northern Alle­gheny County Chamber of Commerce and to the Butler County Community College Science, Technology and Cultural Center by Senator Orie.

Congratulations of the Senate were extended to Marian C. Jaxheimer by Senator Piccola.

Congratulations of the Senate were extended to Justine McCullough, Dan Jackson, Dan Schuller, Christopher Jonathan

2002 LEGISLATIVE JOURNAL — SENATE 1963

Blaze and to the Sharpsville High School Varsity Cheerleading Squad by Senator Robbins.

Congratulations of the Senate were extended to Bruce Baumgartner by Senators Robbins and Earll.

Congratulations of the Senate were extended to John H. Hummel, Jr., and to the Community Education Council of Elk and Cameron Counties by Senator Scamati.

Congratulations of the Senate were extended to Oscar Henry Jones by Senator Schwartz.

Congratulations of the Senate were extended to Mr. and Mrs. Jack Killen, Mr. and Mrs. Clyde R. Scherich and to John D. Mosser by Senator Stout.

Congratulations of the Senate were extended to Holicong Middle School and to Central Bucks East High School by Sena­tors Tomlinson and Conti.

Congratulations of the Senate were extended to Mr. and Mrs. Roy Deal, Sr., by Senator D. White.

Congratulations of the Senate were extended to Mr. and Mrs. Edwin C. Wolbert, Sr., and to Mr. and Mrs. Carson McMullen by Senator M.J. White.

Congratulations of the Senate were extended to the Colonial Neighborhood Council of Conshohocken by Senator C. Wil­liams.

Congratulations of the Senate were extended to Mr. and Mrs. Wendell Myers, Mr. and Mrs. Charles Jessell and to Mr. and Mrs. Charles J. Knipple by Senator Wozniak.

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 John H. Achey by Senator Brightbill.

Condolences of the Senate were extended to the family of the late James Darwin Marshall, Sr., by Senator Hughes.

Condolences of the Senate were extended to the family of the late James S. Keiper by Senator Lemmond.

Condolences of the Senate were extended to the family of the late Dorothy Wolfe by Senator Orie.

BILLS ON FIRST CONSIDERATION

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

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

SB 757, SB 1394, SB 1395 and SB 1485.

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

HOUSE MESSAGE

HOUSE BILL FOR CONCURRENCE

The Clerk of the House of Representatives presented to the Senate the following bill for concurrence, which was referred to the committee indicated:

June 19. 2002

HB 2190 ~ Committee on Environmental Resources and En­ergy.

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 19. 2002

Senators C. WILLIAMS and A. WILLIAMS presented to the Chair SB 1480, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, fiirther providing for persons not to possess, use, manufacture, control, sell or transfer firearms.

Which was committed to the Committee on JUDICIARY, June 19,2002.

Senators C. WILLIAMS, KUKOVICH, SCHWARTZ, STACK, MELLOW, STOUT, O'PAKE, MUSTO, BODACK, COSTA, BOSCOLA, TARTAGLIONE, GERLACH, KITCHEN and LOGAN presented to the Chair SB 1481, entitled:

An Act providing for lead-level testing of child day-care and preschool facilities; establishing a grant program; and making an appropriation.

Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, June 19, 2002.

Senators COSTA, KUKOVICH, ERICKSON, MUSTO, LOGAN, HELFRICK, C. WILLIAMS, TARTAGLIONE, A. WILLIAMS, PUNT, LAVALLE, BODACK, SCHWARTZ and STACK presented to the Chair SB 1482, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, fiirther providing for disqualification from certain driving privileges, for commercial drivers and school vehicle drivers prohibited from operating with any alcohol or controlled substance in system and for driving under influence of alcohol or controlled substance; and making an editorial change.

Which was committed to the Committee on TRANSPORTATION, June 19,2002.

ADJOURNMENT

The PRESIDENT. The Chair recognizes the gentlewoman from Venango, Senator M.J. White.

Senator M.J. WHITE. Mr. President, I move that the Senate do now adjourn until Monday, June 24,2002, at 2 p.m., Eastern Daylight Saving Time.

The motion was agreed to by voice vote. The Senate adjourned at 1:21 p.m., Eastern Daylight Saving

Time.