JUNE 28, 2010 SESSION OF TH OF THE GENERAL ASSEMBLY

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Tiinuntal

MONDAY, JUNE 28, 2010

SESSION OF 2010 194TH OF THE GENERAL ASSEMBLY

No. 41

SENATE

MONDAY, June 28, 2010

The Senate met at 1 p.m., Eastern Daylight Saving Time.

The PRESIDENT (Lieutenant Governor Joseph B. Scarnati III)

in the Chair.

PRAYER

The Chaplain, Monsignor LARRY KINIRY, of The Bishop

Connare Center, Greensburg, offered the following prayer:

Let us pray.

Lord God, as a priest, I am a man taken from among men to

do the things that pertain to God. Today, I am called to offer

prayer for this august Assembly of men and women elected by

their constituents to serve in the hall of the Senate for the

Com-monwealth of Pennsylvania. I pray that they, like all of us, who

are only human and have our own faults and shortcomings, will

be empowered with Your presence and gifted with Your wisdom

as they proceed with the challenges that lie before them these

days, these challenges being to make decisions and to solve

problems that will best serve the common good of the people of

this State. May they do so with the deepest sense of justice,

hon-esty, and charity that their consciences call them to discern.

In a dream, You told King Solomon of old that he could have

anything he wished for. And Solomon prayed, I am a mere

youth, not knowing how to act. I serve You in the midst of the

people You have chosen, a people so vast that it cannot be

num-bered or counted. Give Your servant, therefore, an understanding

heart to judge Your people and to distinguish right from wrong.

And You, 0 Lord, were pleased with the request that Solomon

made and said, because you have asked for this and not for a

long life for yourself or power or riches, not for the life of your

enemies, but for an understanding heart so that you may know

what is right, I will honor your request and even more, and there

will be no equal to you.

0, Lord God, I pray for these men and women. Fill their

hearts with that same wisdom You gave to Solomon. Give them

understanding hearts, that they may always know what is right in

Your sight to best serve the people who entrust them with the

well-being of their lives. Bless all of the people of the world,

whatever their faith or beliefs may be, and may they, too, have

leaders with understanding hearts who will seek only what is just

and true in Your sight and bring Your justice, Your truth, and

Your love to all the world. Amen.

The PRESIDENT. The Chair thanks Monsignor Kiniry, who

is the guest today of Senator Don White.

PLEDGE OF ALLEGIANCE

(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

com-munications 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 PENNSYLVANIA

COUNCIL ON AGING

June 25, 2010

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, William K. Ryan, 1729 Ritter Ave-nue, Bristol 19007, Bucks County, Sixth Senatorial District, for reap-pointment as a member of the Pennsylvania Council on Aging, to serve until October 8, 2011, and until his successor is appointed and qualified.

EDWARD G RENDELL Governor

MEMBER OF THE PENNSYLVANIA COUNCIL ON AGING

June 25, 2010

To the Honorable, the Senate

In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Diane Slifer, 282 Coach Light Ter-race, Huntingdon Valley 19006, Montgomery County, Twelfth Senato-rial District, for appointment as a member of the Pennsylvania Council on Aging, to serve until October 8, 2012, and until her successor is appointed and qualified, vice Martin Berger, Ardmore, deceased.

RECALL COMMUNICATIONS

REFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following

com-munications 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:

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MEMBER OF THE PENNSYLVANIA COUNCIL

ON AGING

June 25, 2010 To the Honorable, the Senate

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated May 24, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senato-rial District, as a member of the Pennsylvania Council on Aging, to serve until October 8, 2010, and until her successor is appointed and qualified, vice Mary Erwine, Shavertown, resigned.

I respectfully request the return to me of the official message of nomination on the premises.

MEMBER OF THE PENNSYLVANIA

COUNCIL ON AGING

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated April 22, 2010, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial Dis-trict, as a member of the Pennsylvania Council on Aging, to serve until October 8, 2010, and until her successor is appointed and qualified, vice Carol Kay, HazeIton, resigned.

MEMBER OF THE PENNSYLVANIA

COUNCIL ON AGING

June 25, 2010

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated April 7, 2010, for the reappointment of William K. Ryan, 1729 Ritter Avenue, Bristol 19007, Bucks County, Sixth Senatorial District, as a member of the Pennsylvania Council on Aging, to serve until October 8, 2011, and until his successor is appointed and qualified.

MEMBER OF THE PENNSYLVANIA

COUNCIL ON AGING

June 25, 2010

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LEGISLATIVE JOURNAL - SENATE

JUNE 28,

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated April 7, 2010, for the appointment of Diane Slifer, 282 Coach Light Terrace, Huntingdon Valley 19006, Montgomery County, Twelfth Sen-atorial District, as a member of the Pennsylvania Council on Aging, to serve until October 8, 2012, and until her successor is appointed and qualified, vice Martin Berger, Ardmore, deceased.

MEMBER OF THE APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated May 6, 2010, for the appointment of Amy K. Kokos (Voting Member), 22 Woodview Drive, Mount Holly Springs 17065, 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 Calvin B. Johnson, Harrisburg, re-signed.

MEMBER OF THE APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated May 6, 2010, for the appointment of Stephanie Moore (Voting Member), R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the Appalachian States Low-Level Radioactive Waste Commission, to serve at the pleasure of the Gover-nor, vice The Honorable Dennis Yablonsky, Harrisburg, resigned.

MEMBER OF THE BOARD OF TRUSTEES OF THE DANVILLE STATE HOSPITAL

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated May 3, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senato-rial District, as a member of the Board of Trustees of the Danville State

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Hospital, to serve until the third Tuesday of January 2015, and until her successor is appointed and qualified, vice Leonard P. Majikas, ACSW, Ph.D., Bloomsburg, deceased.

MEMBER OF THE STATE HARNESS RACING COMMISSION

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated April 22, 2010, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial Dis-trict, as a member of the State Harness Racing Commission, to serve for a term of three years and until her successor is appointed and qualified, vice Arthur Manuel, Peckville, resigned.

JUDGE, COURT OF COMMON PLEAS,

BUCKS COUNTY

June 25, 2010

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated June 14, 2010, for the appointment of Gregory E. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth Senato-rial District, as Judge, Court of Common Pleas, Bucks County, to serve until the first Monday of January 2012, vice The Honorable David W. Heckler, resigned.

JUDGE, COURT OF COMMON PLEAS, DELAWARE COUNTY

June 25, 2010

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated May 3, 2010, for the appointment of Gregory E. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth Senato-rial District, as Judge, Court of Common Pleas, Delaware County, to serve until the first Monday of January 2012, vice The Honorable Ken-neth A. Clouse, deceased.

JUDGE, COURT OF COMMON PLEAS, DELAWARE COUNTY

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated May 3, 2010, for the appointment of Gregory E. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth Senato-rial District, as Judge, Court of Common Pleas, Delaware County, to serve until the first Monday of January 2012, vice The Honorable Rob-ert C. Wright, resigned.

JUDGE, COURT OF COMMON PLEAS, YORK COUNTY

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated April 1, 2010, for the appointment of Gregory E. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth Senato-rial District, as Judge, Court of Common Pleas, York County, to serve until the first Monday of January 2012, vice The Honorable Michael J. Brillhart, resigned.

MEMBER OF THE STATE BOARD OF PODIATRY

June 25, 2010

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated May 17, 2010, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as a member of the State Board of Podiatry, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Steven J. Collina, M.D., Aston, resigned.

EDWARD G. RENDELL Governor

PROTHONOTARY AND CLERK OF COURTS, VENANGO COUNTY

June 25, 2010 EDWARD G. RENDELL

To thee Honorable, the Senate

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LEGISLATIVE JOURNAL - SENATE

JUNE 28,

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated April 15, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as Prothonotary and Clerk of Courts, in and for the County of Venango, to serve until the first Monday of January 2012, vice The Honorable Peggy L. Miller, resigned.

PROTHONOTARY, CLERK OF COURTS & CLERKS OF ORPHANS' COURT,

WYOMING COUNTY

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated May 28, 2010, for the appointment of Erin M. Smith, 440 Plaza Drive, Pal-myra 17078, Lebanon County, Forty-eighth Senatorial District, Prothonotary, Clerk of Courts & Clerks of Orphans' Court, Wyoming County, in and for the County of Wyoming, to serve until the first Mon-day of January 2012, vice Paulette A. Burnside, resigned.

MEMBER OF THE PENNSYLVANIA PUBLIC TELEVISION NETWORK COMMISSION

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated May 17, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senato-rial District, as a member of the Pennsylvania Public Television Net-work Commission, to serve until August 17, 2015, or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Jacqueline Goodwin, Harrisburg, whose term expired.

SHERIFF, BRADFORD COUNTY

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated May 14, 2010, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as Sheriff, in and for the County of Bradford, to serve until the first Monday of January 2012, vice The Honorable Steven A. Evans, re-signed.

SHERIFF, MONTGOMERY COUNTY

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated May 11, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senato-rial District, as Sheriff, in and for the County of Montgomery, to serve until the first Monday of January 2012, vice The Honorable John P. Durante, deceased.

MAGISTERIAL DISTRICT JUDGE

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated June 14, 2010, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial District, as Magisterial District Judge, in and for the County of Cumberland, Magisterial District 09-1-02, to serve until the first Monday of January 2012, vice The Honorable Robert V. Manlove, resigned.

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated April 1, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as Magisterial District Judge, in and for the County of Lebanon, Magisterial District 52-3-05, to serve until the first Monday of January 2012, vice The Honorable Lee R. Lehman, resigned.

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MAGISTERIAL DISTRICT JUDGE

June 25, 2010

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated April 22, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as Magisterial District Judge, in and for the County of Lehigh, Magisterial District 31-1-04, to serve until the first Monday of January 2012, vice The Honorable David G Leh, Jr., deceased.

MAGISTERIAL DISTRICT JUDGE

June 25, 2010

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated April 1, 2010, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial Dis-trict, as Magisterial District Judge, in and for the County of Luzerne, Magisterial District 11-1-01, to serve until the first Monday of January 2012, vice The Honorable Bill Amesbury, elected to Court of Common Pleas.

MAGISTERIAL DISTRICT JUDGE

June 25, 2010

April 1, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senatorial District, as Magisterial District Judge, in and for the County of Northampton, Magisterial District 03-2-12, to serve until the first Monday of January 2012, vice The Honorable Michael J. Koury, Jr., resigned.

MAGISTERIAL DISTRICT JUDGE

June 25, 2010

To the

Honorable, the Senate

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated April 1, 2010, for the appointment of Stephanie Moore, R.R. 2, Box 397, Millerstown 17062, Juniata County, Thirty-fourth Senatorial Dis-trict, as Magisterial District Judge, in and for the Counties of Wyo-ming/Sullivan, Magisterial District 44-3-01, to serve until the first Mon-day of January 2012, vice The Honorable Russell D. Shurtleff, resigned. I respectfully request the return to me of the official message of nomination on the premises.

CORRECTIONS TO NOMINATIONS

REFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following

com-munications 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 STATE BOARD

OF AUCTIONEER EXAMINERS

June 28, 2010

To the Honorable,

the Senate

In

accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated June 3, 2010, for the appointment of Amy K. Kokos, 22 Woodview Drive, Mount Holly Springs 17065, Cumberland County, Thirty-first Senato-rial District, as MagisteSenato-rial District Judge, in and for the County of McKean, Magisterial District 48-3-04, to serve until the first Monday of January 2012, vice The Honorable Michael J. Kennedy, resigned.

In accordance with the power and authority vested in me as Gover-nor of the Commonwealth, I do hereby recall my nomination dated

To the

Honorable, the Senate

Please note the nomination dated June 7, 2010, for the reappoint-ment of Sherman E. Hostetter, Jr., 254 4th Street, Beaver 15009, Beaver County, Forty-seventh Senatorial District, as a member of the State Board of Auctioneer Examiners, to serve for a term of three years and until his successor is appointed and qualified, but not longer than six months beyond that period, should be corrected to read:

Sherman E. Hostetter, Jr., 107 Wheatfield Drive, Beaver 15009, Beaver County, Forty-seventh Senatorial District, for reappointment as a member of the State Board of Auctioneer Examiners, to serve for a term of three years and until his successor is appointed and qualified, but not longer than six months beyond that period.

MEMBER OF THE PENNSYLVANIA

FISH AND BOAT COMMISSION

June 28, 2010

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Please note the nomination dated June 22, 2010, for the appoint-ment Norman R. Gavlick, MBA, CPRW (District 7), 388 N. Maple Avenue, Kingston 18704, Luzeme County, Twentieth Senatorial Dis-trict, as a member of the Pennsylvania Fish and Boat Commission, to serve for a term of eight years or until his successor is appointed and qualified, but not longer than six months beyond that period, should be corrected to read:

Norman R. Gavlick, MBA, CPRW (District 7), 388 N. Maple Ave-nue, Kingston 18704, Luzeme County, Twentieth Senatorial District, for reappointment as a member of the Pennsylvania Fish and Boat Com-mission, to serve for a term of eight years or until his successor is ap-pointed and qualified, but not longer than six months beyond that pe-riod.

MEMBER OF THE STATE BOARD OF OSTEOPATHIC MEDICINE

Please note the nomination dated March 30, 2010, for the appoint-ment of Burton T. Mark, DO., 25 Stone Ridge Road, Thornton 19373, Delaware County, Twenty-sixth Senatorial District, as a member of the State Board of Osteopathic Medicine, to serve until June 26, 2010, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Dr. Charles P. Fasano, Mifflinburg, deceased, should be corrected to read:

Burton T. Mark, D.O., 25 Stone Ridge Road, Thornton 19373, Delaware County, Twenty-sixth Senatorial District, for appointment as a member of the State Board of Osteopathic Medicine, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Dr. Charles P. Fasano, Mifflinburg, deceased.

HOUSE MESSAGES

HOUSE CONCURS IN SENATE AMENDMENTS

TO HOUSE BILLS

The Clerk of the House of Representatives informed the

Sen-ate that the House has concurred in amendments made by the

Senate to HB 666 and HB 687.

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:

June 24, 2010

HB 704 -- Committee on Education.

HB 2375 -- Committee on Transportation.

June 28, 2010

HB 1171 -- Committee on Environmental Resources and

En-ergy.

HB 1594 -- Committee on State Government.

HB 2234 -- Committee on Urban Affairs and Housing.

HOUSE RESOLUTION FOR CONCURRENCE

The Clerk of the House of Representatives presented to the

Senate the following resolution for concurrence, which was

re-ferred to the committee indicated:

June 28, 2010

HR 797 -- Committee on State Government.

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 24, 2010

Senators LEACH, FONTANA, ERICKSON, O'PAKE,

FERLO, DINNIMAN, BOSCOLA, GREENLEAF, RAFFERTY,

HUGHES, WASHINGTON, STACK, BROWNE and COSTA

presented to the Chair SB 1420, entitled:

An Act providing for a moratorium on leasing State forest lands for the purposes of natural gas exploration, drilling or production; imposing duties on the Department of Conservation and Natural Resources; and providing for report contents and for Legislative Budget and Finance Committee study.

Which was committed to the Committee on

ENVIRONMEN-TAL RESOURCES AND ENERGY, June 24, 2010.

Senators WOZNIAK, COSTA, RAFFERTY, MELLOW,

FONTANA, WASHINGTON, WARD, BAKER, ALLOWAY,

O'PAKE, BROWNE, FOLMER, FARNESE, YAW, VOGEL, D.

WHITE, LOGAN, TARTAGLIONE, ORIE and BOSCOLA

presented to the Chair SB 1421, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsylva-nia Consolidated Statutes, further providing for the offense of failure to comply with registration of sexual offenders requirements.

Which was committed to the Committee on JUDICIARY,

June 24, 2010.

Senators D. WHITE, MUSTO, ARGALL, RAFFERTY,

BAKER, O'PAKE, FARNESE, WAUGH, M. WHITE,

ALLOWAY, BRUBAKER, MENSCH, WASHINGTON,

SCARNATI, BOSCOLA and WOZNIAK presented to the Chair

SB 1422, entitled:

An Act amending the act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania Infrastructure Investment Authority Act, further providing for definitions and for financial assistance.

Which was committed to the Committee on

ENVIRONMEN-TAL RESOURCES AND ENERGY, June 24, 2010.

Senator D. WHITE presented to the Chair SB 1423, entitled:

An

Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, requiring first aid instruc-tion.

Which was committed to the Committee on EDUCATION,

June 24, 2010.

Senators MENSCH, WARD, WASHINGTON,

TARTAGLIONE, ERICKSON, RAFFERTY, O'PAKE,

ALLOWAY, GREENLEAF, COSTA, WAUGH, HUGHES and

TOMLINSON presented to the Chair SB 1424, entitled:

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An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for an income tax checkoff to provide funding for the Children's Trust Fund.

Which was committed to the Committee on FINANCE, June

24, 2010.

Senators D. WHITE, BRUBAKER and ROBBINS presented

to the Chair SB 1425, entitled:

An Act

amending the act of October 17, 2008 (P.L.1645, No.132), known as the Home Improvement Consumer Protection Act, further providing for registration procedure.

Which was committed to the Committee on CONSUMER

PROTECTION AND PROFESSIONAL LICENSURE, June 24,

2010.

Senator HUGHES presented to the Chair SB 1426, entitled:

An Act authorizing the Department of General Services, with the approval of the Governor, to grant and convey to the Philadelphia Au-thority for Industrial Development, certain lands situate in the 38th Ward of the City of Philadelphia, Philadelphia County.

Which was committed to the Committee on STATE

GOV-ERNMENT, June 24, 2010.

June 28, 2010

Senators BAKER, FARNESE, ROBBINS, MENSCH, PIPPY,

ALLOWAY, BROWNE, COSTA, FERLO, MELLOW,

O'PAKE, RAFFERTY, WARD, D. WHITE, YAW,

TOMLINSON and BOSCOLA presented to the Chair SB 1393,

entitled:

An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, further providing for compilation of war records and the director of veterans affairs.

Which was committed to the Committee on VETERANS

AFFAIRS AND EMERGENCY PREPAREDNESS, June 28,

2010.

Senators EICHELBERGER, MUSTO, M. WHITE,

WOZNIAK, MENSCH, PICCOLA, FOLMER, ALLOWAY,

WARD, D. WHITE, EARLL, WAUGH, BRUBAKER,

ARGALL and BOSCOLA presented to the Chair SB 1429,

enti-tled:

An Act amending Title 53 (Municipalities Generally) of the Penn-sylvania Consolidated Statutes, further providing for consolidations and mergers.

Which was committed to the Committee on LOCAL

GOV-ERNMENT, June 28, 2010.

Senators BROWNE, PILEGGI, SCARNATI and CORMAN

presented to the Chair SB 1430, entitled:

An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in the Treasury Department, further provid-ing for investment.

Which was committed to the Committee on FINANCE, June

28, 2010.

RESOLUTIONS INTRODUCED AND REFERRED

The PRESIDENT laid before the Senate the following Senate

Resolutions numbered, entitled, and referred as follows, which

were read by the Clerk:

June 24, 2010

Senators DINNIMAN, ALLOWAY, BAKER, BRUBAKER,

EICHELBERGER, FARNESE, FOLMER, GORDNER,

GREENLEAF, SMUCKER, VOGEL and MENSCH presented

to the Chair SR 364, entitled:

A Resolution amending the Financial Operating Rules of the Sen-ate, further providing for Meals and Lodging.

Which was committed to the Committee on RULES AND

EXECUTIVE NOMINATIONS, June 24, 2010.

June 28, 2010

Senators STOUT, FONTANA, MUSTO, ERICKSON,

O'PAKE, COSTA, WASHINGTON, FARNESE, EARLL and

FERLO presented to the Chair SB 1413, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consoli-dated Statutes, further providing for suspension of operating privileges for certain underage gambling.

Which was committed to the Committee on

TRANSPORTA-TION, June 28, 2010.

Senators BAKER, ARGALL, GORDNER, MUSTO,

RAF-FERTY, SMUCKER and WAUGH presented to the Chair SB

1427, entitled:

An Act amending the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, establishing the Special Juvenile Victim Compensation Fund; and further providing for costs.

Which was committed to the Committee on JUDICIARY,

June 28, 2010.

Senators BRUBAKER, WAUGH, FOLMER, ARGALL,

ORM, PIPPY, ALLOWAY, D. WHITE and TOMLINSON

pre-sented to the Chair SB 1428, entitled:

An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, further providing for travel expenses of administrative officials and personnel.

Which was committed to the Committee on STATE

GOV-ERNMENT, June 28, 2010.

Senators CORMAN, SCARNATI, RAFFERTY, M. WHITE,

ERICKSON, ARGALL, MUSTO, ALLOWAY, McILHINNEY,

TARTAGLIONE, WARD, DINNIMAN, EARLL, FERLO and

D. WHITE presented to the Chair SR 363, entitled:

A Resolution directing the Legislative Budget and Finance Com-mittee to conduct a study on the feasibility and effectiveness of convert-ing the Southeastern Pennsylvania Transportation Authority bus system to natural gas fuel.

Which was committed to the Committee on

TRANSPORTA-TION, June 28, 2010.

Senators BRUBAKER, WAUGH, FOLMER, ARGALL,

ORIE, PIPPY, ALLOWAY, D. WHITE and TOMLINSON

pre-sented to the Chair SR 368, entitled:

A Resolution directing the Committee on Management Operations of the Senate to undertake a study and analysis of mileage reimburse-ment for privately owned vehicles for State travel in the Senate and to implement a least-cost travel policy for State vehicle travel when travel-ing for Senate business.

Which was committed to the Committee on RULES AND

EXECUTIVE NOMINATIONS, June 28, 2010.

APPOINTMENT BY THE

PRESIDENT PRO TEMPORE

The PRESIDENT. The Chair wishes to announce the

Presi-dent pro tempore has made the following appointment:

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The Honorable Robert T. Regola III as a member of the State

Transportation Advisory Committee.

BILLS SIGNED

The PRESIDENT (Lieutenant Governor Joseph B. Scarnati

III) in the presence of the Senate signed the following bills:

HB 666, HB 687

and

HB 2253.

LEGISLATIVE LEAVE

The PRESIDENT. The Chair recognizes the gentleman from

Delaware, Senator Pileggi.

Senator PILEGGI. Mr. President, I request a legislative leave

for Senator Tomlinson.

The PRESIDENT. Senator Pileggi requests a legislative leave

for Senator Tomlinson. Without objection, the leave will be

granted.

LEAVES OF ABSENCE

Senator MELLOW asked and obtained leaves of absence for

Senator FERLO and Senator HUGHES, for today's Session, for

personal reasons.

SPECIAL ORDER OF BUSINESS

JOURNAL APPROVED

The PRESIDENT. The Journal of the Session of May 24,

2010, is now in print.

The Clerk proceeded to read the Journal of the Session of

May 24, 2010.

Senator PILEGGI. Mr. President, I move that further reading

of the Journal be dispensed with and that the Journal be

ap-proved.

On the question,

Will the Senate agree to the motion?

The yeas and nays were required by Senator PILEGGI and

were as follows, viz:

YEA-48

Alloway Farnese Musto Tartaglione

Argall Folmer O'Pake Tomlinson

Baker Fontana One Vance

Boscola Gordner Piccola Vogel

Browne Greenleaf Pileggi Ward

Brubaker Kasunic _PiPPY Washington

Corman Kitchen Rafferty Waugh

Costa Leach Robbins White, Donald

Dinniman Logan Scarnati White, Mary Jo

Earl! McIlhinney Smucker Williams

Eichelberger Mellow Stack Wozniak

Erickson Mensch Stout Yaw

NAY-0

A majority of the Senators having voted "aye," the question

was determined in the affirmative.

The PRESIDENT. The Journal is approved.

SPECIAL ORDER OF BUSINESS

GUESTS OF SENATOR JAKE CORMAN

PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from

Centre, Senator Corman.

Senator CORMAN. Mr. President, this is as close as I will

ever get to a championship trophy, but I wanted to bring it to the

floor of the Senate today to honor a high school team from my

senatorial district. Although we normally do this quite a bit, this

one is a little special for me today. The Bellefonte Area High

School Girls' Softball Team not only was able to achieve

great-ness by winning the Class AAA State championship in a very

dramatic fashion, but they also made a little history at the same

time, as this is the first team in the history of Bellefonte Area

High School of any sport, men or women, to be able to achieve

a State championship. We have had many individual

champion-ships in individual sports, but we have never been able to achieve

a team championship.

This girls' team won a dramatic game--they had a lot of

dra-matic games--we call them the Cardiac Kids in Bellefonte. In the

State championship game, we were this close to having Senator

Yaw here celebrating a Jersey Shore State title, but fortunately,

Bellefonte rallied in the last inning of the State title game and

made history, achieving the first State title of any sport in

Bellefonte history. So I am going to put this trophy aside for a

second, because I do not want it to fall.

We have members of the girls' team here: Head Coach Gregg

Kohlepp; Assistant Coaches Nicole Naugle, Shawn Barbrow,

Greg Tressler, and Chris Stathes; along with the players, Jessica

Walizer, Erica DeVinney, Christina Stathes, Alexandra Stathes,

Ashley Bowes, Raychel DeArmitt, Kissy Thal, Chrissy Tressler,

Erica Pooler, Jessica Gmerek, Hannah Cooper, Meranda

Poorman, Brittany Smith, Jillian Musser, Emily Dauberman,

Heidi Fetterolf, and Danielle Gomola.

Mr. President, as an alumnus of Bellefonte Area High School,

as someone who has lived in Bellefonte his entire life, and as

someone who is raising three children in the school system, I ask

that the Senate recognize this great achievement for our

commu-nity. The girls are here in the audience, and I ask the Senate to

give them its usual warm welcome and congratulations on their

great season.

The PRESIDENT. Would the guests of Senator Corman

please rise to be welcomed by the Senate.

(Applause.)

GUESTS OF SENATOR JEFFREY E. PICCOLA

PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from

Dauphin, Senator Piccola.

Senator PICCOLA. Mr. President, I have a very distinct honor

today in recognizing one of Pennsylvania's finest members of our

law enforcement community and also a personal friend, Chief

Rob Martin, who is the chief of police of my township,

Susquehanna Township, right here in Dauphin County. He is

here today because he has been named as the Northeast Regional

Law Enforcement Officer of the Year by the National

Headquar-ters of the American Legion.

(9)

Chief Martin is a graduate of the Valley Forge Military

Col-lege, where he was a platoon sergeant and received the Colonel

Merrow Sorley Medal. He also graduated from Elizabethtown

College and the Pennsylvania State Police Academy. Chief

Mar-tin began his career in law enforcement in a small township

po-lice department in Lebanon County and joined the Susquehanna

Township Police Department as a patrol officer in 1988. He was

promoted to sergeant in 1996 and became the chief of police in

Susquehanna Township in 1998. He has been dedicated to

con-tinuing his training and has attended a number of concon-tinuing

education and training programs throughout his career. In

addi-tion, he has collaborated with me and other law enforcement

officials here in Dauphin County on a number of important

en-deavors, not the least of which are some needed changes to the

Pennsylvania Safe Schools Act.

Chief Martin is accompanied today by Gary Myers, the

town-ship manager, and Jeff Vargo, the deputy chief of police of

Susquehanna Township. I cannot think of a finer individual

be-ing worthy of this distinction by the American Legion. I

congrat-ulate Chief Martin on his well-earned recognition, and I ask the

Senate to please join me in offering best wishes for a continued

rewarding future for Chief Rob Martin.

Thank you, Mr. President.

The PRESIDENT. Would the guests of Senator Piccola please

rise to be welcomed by the Senate.

(Applause.)

GUESTS OF SENATOR RICHARD L. ALLO WAY

PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from

Franklin, Senator Alloway.

Senator ALLOWAY. Mr. President, I rise today to welcome

a young man in the gallery by the name of Ben Barrows from

Chambersburg, one of my constituents and a close family friend.

Ben is here today shadowing me in my senatorial duties for the

day, so he is getting quite the experience. Along with him is his

mother, Denise, who is an accountant, a CPA, and a longtime

friend, and I would like to welcome them.

The PRESIDENT. Would the guests of Senator Alloway

please rise to be welcomed by the Senate.

(Applause.)

SPECIAL ORDER

OF BUSINESS

ANNOUNCEMENT BY THE SECRETARY

The SECRETARY. Consent has been given for the

Commit-tee on Finance to meet off the floor during today's Session to

consider Senate Bill No. 1430.

RECESS

The PRESIDENT. The Chair recognizes the gentleman from

York, Senator Waugh.

Senator WAUGH. Mr. President, at this time, I request a

re-cess of the Senate for the purpose of a Republican caucus. We

will caucus immediately, which should take about an hour.

The PRESIDENT. The Chair recognizes the gentleman from

Berks, Senator O'Pake.

Senator O'PAKE. Mr. President, I ask the Democratic

Sena-tors to report to our caucus room immediately.

The PRESIDENT. For purposes of Republican and

Demo-cratic caucuses to be held immediately, without objection, the

Senate stands in recess.

AFTER RECESS

The PRESIDENT. The time of recess having expired, the

Senate will come to order.

LEGISLATIVE LEAVE CANCELLED

The PRESIDENT. Senator Tomlinson has returned, and his

legislative leave is cancelled.

CALENDAR

THIRD CONSEDERATION CALENDAR

BILL ON THIRD CONSIDERATION

AND FINAL PASSAGE

HB 9 (Pr. No. 3939) -- The Senate proceeded to

consider-ation of the bill, 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 expi-ration.

Considered the third time and agreed to,

And the amendments made thereto having been printed as

required by the Constitution,

On the question,

Shall the bill pass finally?

The yeas and nays were taken agreeably to the provisions of

the Constitution and were as follows, viz:

YEA-46

Alloway Fontana One Vance

Argall Gordner Piccola Vogel

Baker Greenleaf Pileggi Ward

Boscola Kasunic Pippy Washington

Browne Kitchen Rafferty Waugh

Brubaker Leach Robbins White, Donald

Corman Logan Scarnati White, Mary Jo

Costa McIlhinney Smucker Williams

Dinniman Mellow Stack Wozniak

Ear11 Mensch Stout Yaw

Erickson Musto Tartaglione

Farnese O'Pake Tomlinson

NAY-2

Eichelberger Folmer

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.

(10)

2230 -

LEGISLATIVE JOURNAL - SENATE

JUNE 28,

BILL OVER IN ORDER

HB 115 -- Without objection, the bill was passed over in its

order at the request of Senator PILEGGI.

BILL AMENDED

SB 460 (Pr. No. 2026) -- The Senate proceeded to

consider-ation of the bill, entitled:

An Act providing for the regulation of indoor tanning facilities and for penalties.

On the question,

Will the Senate agree to the bill on third consideration?

Senator BROWNE offered the following amendment No.

A7979:

Amend Bill, page 5, line 1, by inserting after "involving": an immediate threat to

Amend Bill, page 5, line 1, by inserting after "safety": under section 10(c)

Amend Bill, page 5, line 11, by striking out "and before the license is granted"

Amend Bill, page 5, line 15, by striking out "construction and" Amend Bill, page 10, line 22, by striking out ", biological effects" Amend Bill, page 10, line 26, by striking out "and"

Amend Bill, page 11, line 14, by striking out "OR USES" Amend Bill, page 11, line 17, by striking out "CIVIL PENALTIES" and inserting:

a civil penalty

Amend Bill, page 11, line 18, by inserting after "VIOLATION,": up to

Amend Bill, page 11, line 18, by inserting after "AND": up to

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 PILEGGI.

BILL OVER IN ORDER

HB 1300 -- Without objection, the bill was passed over in its

order at the request of Senator PILEGGI.

BILL OVER IN ORDER TEMPORARILY

SB 1334 -- Without objection, the bill was passed over in its

order temporarily at the request of Senator PILEGGI.

BILLS OVER IN ORDER

HB 1609 and HB 2070 -- Without objection, the bills were

passed over in their order at the request of Senator PILEGGI.

BILL AMENDED

HB 2275 (Pr. No. 3257) -- The Senate proceeded to

consider-ation of the bill, entitled:

An Act Authorizing the Department of Conservation and Natural Resources, with the approval of the Governor, to grant and convey to the Canaan Bible Chapel certain lands situate in South Canaan Town-ship, Wayne County, in exchange for certain property in South Canaan Township, Wayne County, to be conveyed by the Canaan Bible Chapel to the Commonwealth of Pennsylvania.

On the question,

Will the Senate agree to the bill on third consideration?

CORMAN AMENDMENT A8021

Senator CORMAN offered the following amendment No.

A8021:

Amend Bill, page 1, line 1, by inserting after "Authorizing": the Department of General Services, with the approval of the Governor, to grant and convey to The Pennsylvania State University, certain lands situate in Benner Township, Centre County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to Benner Township, certain lands situate in Benner Township, Centre County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to the Pennsylvania Fish and Boat Commission, certain lands situate in Benner Township, Centre County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to the Pennsylvania Game Commission, certain lands situate in Benner Township, Centre County; and authorizing

Amend Bill, page 1, by inserting between lines 9 and 10: Section 1. Conveyance to The Pennsylvania State University in Benner Township, Centre County, Pennsylvania.

(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized on behalf of the Com-monwealth of Pennsylvania to grant and convey to The Pennsylvania State University certain land and improvements situate in Benner Township, Centre County for $407,570 and under terms and conditions to be established in an agreement of sale.

(b) Description.--The property to be conveyed pursuant to subsec-tion (a) consists of three parcels totaling 451.8505-acres and improve-ments thereon bounded and more particularly described as follows:

PARCEL PSU A

Beginning at a point in the northern right-of-way line for limited ac-cess of SR6026, Section CO3 at the common southwestern corner of "Parcel Benner B", said point having coordinates referenced to the Pennsylvania State Plane Coordinate System North Zone, North American Datum of 1983 of Northing 248832.3303 and Easting

1951111.9239;

Thence along the northern right-of-way line for limited access of SR6026, Section CO3 the following nine (9) courses:

1. S 80-25-53 W a distance of 44.81 feet to a point; Thence 2. S 09-59-00 E a distance of 392.39 feet to a point; Thence 3. S 12-29-48 E a distance of 120.79 feet to a point; Thence 4. S 09-14-07 E a distance of 342.03 feet to a point; Thence 5. S 17-53-41 E a distance of 116.55 feet to a point; Thence 6. S 61-44-18 W a distance of 786.25 feet to a point; Thence 7. S 60-51-43 W a distance of 550.97 feet to a point; Thence 8. S 66-00-49 W a distance of 415.98 feet to a point; Thence 9. along a curve to the right having a radius of 2670.79, central angle of 03° 36' 12", chord bearing and distance of S 68-18-02 W a distance of 167.93 feet, an arc distance of 167.97 feet to a point; Thence along lands now or formerly of the University Area Joint Au-thority N 39-24-26 W a distance of 105.63 feet to a point;

Thence along lands now or formerly of Betty H. Delafield the fol-lowing two (2) courses:

1. N 51-04-20 E a distance of 1057.37 feet to a point; Thence 2. N 38-46-35 W a distance of 1304.38 feet to a point; Thence along "Parcel PGC B" the following (2) courses:

1. N 66-39-59 E a distance of 1233.16 feet to a point; Thence 2. N 80-24-34 E a distance of 421.46 feet to a point;

Thence along "Parcel Benner B" S 09-35-26 E a distance of 496.39 feet to the point of beginning.

Containing 2,159,073 square feet or 49.5655 acres of land, gross area, be the same more or less.

PARCEL PSU B

Beginning at a point in the northern right-of-way line of SR6026 Sec-tion CO3 at the common southern corner of "Parcel PGC C" and the southeastern corner of the herein described parcel, said point having coordinates referenced to the Pennsylvania State Plane Coordinate System North Zone, North American Datum of 1983 of Northing 252516.7408 Easting 1956711.7022;

(11)

Thence along the northern right-of-way line of SR6026 Section CO3 the following fourteen (14) courses:

1. S 60-20-57 W a distance of 219.32 feet to a point; Thence 2. S 37-12-08 W a distance of 573.89 feet to a point; Thence 3. S 11-11-54W a distance of 336.11 feet to a point; Thence 4. along a curve to the right having a radius of 7469.44, central angle of 05° 13 30", chord bearing and distance of S 45-18-46 W a distance of 680.92 feet, an arc distance of 681.16 feet to a point; Thence

5. S 47-56-16W a distance of 3.26 feet to a point; Thence 6. S 47-56-16 W a distance of 385.01 feet to a point; Thence 7. S 45-16-56W a distance of 408.54 feet to a point; Thence 8. S 50-54-04 W a distance of 700.00 feet to a point; Thence 9. S 89-33-39 W a distance of 256.12 feet to a point; Thence 10. S 53-45-48 W a distance of 400.50 feet to a point; Thence 11. S 48-59-31 W a distance of 600.33 feet to a point; Thence 12. S 60-40-07 W a distance of 359.56 feet to a point; Thence 13. S 17-28-34 W a distance of 299.54 feet to a point; 14. S 64-43-13 W a distance of 154.94 feet to a point; Thence along "Parcel PGC C" the following fifteen (15) courses:

1. N 21-32-16 W a distance of 1900.70 feet to a point; Thence 2. N 56-46-15 E a distance of 16.95 feet to a point; Thence 3. N 88-14-59 E a distance of 118.07 feet to a point; Thence 4. N 73-19-05 E a distance of 152.99 feet to a point; Thence 5. N 71-00-34 E a distance of 191.00 feet to a point; Thence 6. N 18-59-26W a distance of 148.64 feet to a point; Thence 7. N 39-46-23 E a distance of 856.72 feet to a point; Thence 8. N 58-37-42 E a distance of 391.11 feet to a point; Thence 9. N 36-50-33 E a distance of 467.02 feet to a point; Thence 10. N 40-51-08 W a distance of 393.70 feet to a point; Thence 11. N 24-18-10 E a distance of 302.73 feet to a point; Thence 12. N 64-36-24 E a distance of 1678.24 feet to a point; Thence 13. N 83-40-05 E a distance of 488.71 feet to a point; Thence 14. N 63-00-59 E a distance of 200.82 feet to a point; Thence 15. S 36-08-01 E a distance of 1464.52 feet to the point of be-ginning.

PARCEL PSU C

Beginning at a point in the western right-of-way line of Paradise Road, SR3004, at the southeastern corner of lands now or formerly of Harry J. Foullcrod & Sandra B. Foulkrod, said point having coordi-nates referenced to the Pennsylvania State Plane Coordinate System North Zone, North American Datum of 1983 of Northing

259837.0514 and Easting 1959686.5940;

Thence along the western right-of-way line of Paradise Road, SR3004 S 19-28-14 E a distance of 313.43 feet to a point; Thence along lands now or formerly of the Counties of Centre, Clearfield, Clinton, Huntingdon and Mifflin, Centre County Deed Book 397, Page 516 the following three (3) courses:

1. S 34-06-51 W a distance of 504.08 feet to a point; Thence 2. S 55-53-09 E a distance of 430.00 feet to a point; Thence 3. N 34-06-51 E a distance of 382.81 feet to a point; Thence along the western right-of-way line of Paradise Road, SR3004 the following two (2) courses:

1. along a curve to the left having a radius of 616.50, central angle of 11° 55' 06", chord bearing and distance of S 67-20-05 E a distance of 128.01 feet, an arc distance of 128.24 feet to a point; Thence

2. S 73-17-38 E a distance of 42.17 feet to a point;

Thence along "Parcel DGS \DOC D" the following two (2) courses: I. S 16-43-28 W a distance of 228.70 feet to a point; Thence 2. S 71-03-30 E a distance of 369.77 feet to a point;

Thence along the northern right-of-way line of SR6026, Section CO3 the following fourteen (14) courses:

1. S 05-39-50 E a distance of 50.32 feet to a point; Thence 2. S 00-47-09 W a distance of 507.02 feet to a point; Thence 3. along a curve to the right having a radius of 270.00, central angle of 67° 23' 15", chord bearing and distance of S 36-52-23 W a distance of 299.57 feet, an arc distance of 317.55 feet to a point; Thence

4. S 67-22-10 W a distance of 358.58 feet to a point; Thence 5. along a curve to the left having a radius of 650.00, central angle of 42° 31' 14", chord bearing and distance of S 49-18-23 W a

distance of 471.39 feet, an arc distance of 482.38 feet to a point; Thence

6. along a curve to the left having a radius of 470.00, central angle of 16° 01' 08", chord bearing and distance of S 20-02-12 W a distance of 130.98 feet, an arc distance of 131.40 feet to a point; Thence

7. S 04-04-16W a distance of 273.46 feet to a point; Thence 8. S 20-02-53 E a distance of 366.54 feet to a point; Thence 9. along a curve to the right having a radius of 390.00, central angle of 52° 37' 50", chord bearing and distance of S 06-16-02 W a distance of 345.78 feet, an arc distance of 358.24 feet to a point; Thence

10. S 32-52-49 W a distance of 425.25 feet to a point; Thence 11. S 35-30-08 W a distance of 818.56 feet to a point; Thence 12. S 36-41-39 W a distance of 400.02 feet to a point; Thence 13. S 77-39-11 W a distance of 467.55 feet to a point; Thence 14. N 58-38-32 W a distance of 120.42 feet to a point; Thence along "Parcel PGC D" the following eight (8) courses:

1. N 59-41-39 W a distance of 130.00 feet to a point; Thence 2. along a curve to the right having a radius of 175.00, central angle of 16° 58' 41", chord bearing and distance of N 49-47-02 W a distance of 51.67 feet, an arc distance of 51.86 feet to a point; Thence

3. N 41-17-42 W a distance of 127.37 feet to a point; Thence 4. S 48-42-18 W a distance of 50.00 feet to a point; Thence 5. N 46-26-49 W a distance of 1021.22 feet to a point; Thence 6. N 11-30-56 E a distance of 278.82 feet to a point; Thence 7. N 31-09-05 E a distance of 2231.65 feet to a point; Thence 8. N 54-04-45 W a distance of 245.93 feet to a point; Thence along "Parcel PFBC D" the following five (5) courses:

1. N 09-11-53 E a distance of 397.70 feet to a point; Thence 2. N 11-25-08 E a distance of 143.11 feet to a point; Thence 3. N 10-47-15 E a distance of 163.47 feet to a point; Thence 4. N 15-32-46 W a distance of 176.33 feet to a point; Thence 5. N 32-17-55 W a distance of 263.05 feet to a point; Thence along lands now or formerly of Harry J. Foulkrod & Sandra B. Foulkrod, and concluding along lands now or formerly of Jerry L. Ross & Paula J. Ross S 59-41-55 E a distance of 1054.94 feet to a point;

Thence continuing along lands now or formerly of Jerry L. Ross & Paula J. Ross and concluding along lands now or formerly of Harry J. Foulkrod & Sandra B. Foulkrod, N 33-59-02 E a distance of 1204.75 feet to the point of beginning.

(c) Easements.--The conveyance shall be made under and sub-ject to all lawful and enforceable easements, servitudes and rights of others, including but not confined to streets, roadways and rights of any telephone, telegraph, water, electric, gas or pipeline companies, as well as under and subject to any lawful and enforceable estates or tenancies vested in third persons appearing of record, for any portion of the land or improvements erected thereon.

(d) Land use

restriction.--(1) The deed of conveyance shall contain the following re-strictive covenant: "Under and subject to a condition that the land conveyed herein shall be used solely for agricultural purposes in the furtherance of the Grantee's mission of education related to agricul-tural sciences. Should the Grantee attempt to convey the property, or any portion thereof, (other than exchanges for parcels known as inte-riors or indentures which may be conveyed among the parties to so-lidify contiguous management parcels and promote overall manage-ment goals and objectives of the parties involved), or utilize it for any other purpose, the property shall immediately revert to the Grantor."

(2) The conveyance shall be made under and subject to a restrictive covenant that the Grantee shall convey and record a per-petual conservation easement to the Clearwater Conservancy and the Department of Conservation and Natural Resources as co-holders as that term is defined in the act of June 22, 2001 (P.L.390, No.29), known as the Conservation and Preservation Easements Act, their successors and assigns, that the Grantee shall negotiate with the Clearwater Conservancy and the Department of Conservation and Natural Resources and the perpetual conservation easement shall be in furtherance of the following conservation goals: to preserve the property's unique natural resources, including the biological

(12)

re-2232

_{LEGISLATIVE JOURNAL - SENATE}

_{JUNE 28,}

sources, native species and their supporting habitats which include native species that are uncommon in this Commonwealth; and to pre-serve the integrity of Spring Creek, currently designated as a high-quality cold water fishery which requires the protection of the prop-erty's groundwater recharge value and its springs, wetlands and floodplains, consistent with and guided by the Master Site Develop-ment Plan and EnvironDevelop-mental AssessDevelop-ment, accepted by the Depart-ment of Conservation and Natural Resources and adopted by Benner Township. The covenant shall provide that in the event the perpetual conservation easement is not so conveyed and recorded within two years of the effective date of the conveyance under subsection (a), then the property shall immediately revert to the Commonwealth of Pennsylvania.

(e) Gaming facility restriction.--Any conveyance authorized under this section shall be made under and subject to the condition, which shall be contained in the deed of conveyance, that no portion of the property conveyed shall be used as a licensed facility, as de-fined in 4 Pa.C.S § 1103 (relating to definitions), or any other similar type of facility authorized under State law. The condition shall be a covenant running with the land and shall be binding upon the Grantee, its successors and assigns. Should the Grantee, its succes-sors or assigns, permit any portion of the property authorized to be conveyed in this section to be used in violation of this subsection, the title shall immediately revert to and revest in the Grantor.

(f) Execution.--The deed of conveyance shall be by Special Warranty Deed and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(g) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the Grantee.

(h) Nonconveyance.--In the event that this conveyance is not executed within two years of the effective date of this section, the authority contained in this section shall expire.

Section 2. Conveyance to Benner Township in Benner Township, Centre County, Pennsylvania.

(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to Benner Township certain land and improvements situate in Benner Town-ship, Centre County for $1 and under terms and conditions to be es-tablished in an agreement of sale.

(b) Description.--The property to be conveyed pursuant to sub-section (a) consists of four parcels totaling 24.8813-acres and im-provements thereon bounded and more particularly described as fol-lows:

PARCEL BENNER A

ALL THAT CERTAIN PARCEL or tract of land in Benner Town-ship, Centre County, Pennsylvania identified as "PARCEL BENNER A" on plans prepared by Sweetland Engineering and Associates, Inc., more fully bounded and described as follows:

Beginning at a point in the centerline of Rock Road, Benner Town-ship Road T-376, at the common southwestern corner of "Parcel PGC A" and the northwestern corner of the herein described parcel, said point having coordinates referenced to the Pennsylvania State Plane Coordinate System North Zone, North American Datum of 1983 of Northing 249820.5919 and Easting 1947763.3680;

Thence along "Parcel Benner A" the following three (3) courses: 1. N 24-17-11 E a distance of 16.50 feet to a point; Thence 2. N 17-58-42 E a distance of 342.76 feet to a point; Thence 3. S 68-49-38 E a distance of 572.82 feet to a point; Thence along "Parcel DGS \DOC A" S 17-44-53 W a distance of 420.75 feet to a point;

Thence along the centerline of Rock Road the following two (2) courses:

I. N 57-27-33 W a distance of 206.98 feet to a point; Thence 2. N 65-42-49 W a distance of 377.40 feet to the point of begin-ning.

Containing 217,799 square feet or 5.0000 acres of land, gross area, be the same more or less.

PARCEL BENNER B

Beginning at a point in the northern right-of-way line for limited ac-cess of 5R6026, Section CO3 at the common southwestern corner of "Parcel PGC C" and the southeastern corner of the herein described parcel; said point having coordinates referenced to the Pennsylvania State Plane Coordinate System North Zone, North American Datum

of 1983 of Northing 248840.6417 and Easting 1951161.2283; Thence along the northern right-of-way line for limited access of SR6026, Section CO3 S 80-25-53 W a distance of 50.00 feet to a point;

Thence along "Parcel PSU A" N 09-35-26 W a distance of 682.71 feet to a point;

Thence along "Parcel PGC B" the following nine (9) courses: 1. along a curve to the right having a radius of 450.00, central angle of 73° 06' 40", chord bearing and distance of N 26-57-54 E a distance of 536.04 feet, an arc distance of 574.21 feet to a point; Thence

2. N 63-31-14 E a distance of 321.97 feet to a point; Thence 3. along a curve to the left having a radius of 275.00, central angle of 26° 32' 18", chord bearing and distance of N 50-15-05 E a distance of 126.24 feet, an arc distance of 127.37 feet to a point; Thence

4. along a curve to the left having a radius of 325.00, central angle of 57° 06' 25", chord bearing and distance of N 08-25-44 E a distance of 310.69 feet, an arc distance of 323.93 feet to a point; Thence

5. N 20-07-28 W a distance of 231.37 feet to a point; Thence 6. along a curve to the right having a radius of 1025.00, central angle of 36° 17' 33", chord bearing and distance of N 01-58-42 W a distance of 638.46 feet, an arc distance of 649.26 feet to a point; Thence

7. N 16-10-05 E a distance of 73.05 feet to a point; Thence 8. N 16-10-05 E a distance of 27.53 feet to a point; Thence 9. N 13-11-30 E a distance of 18.17 feet to a point;

Thence continuing along "Parcel PGC B" and concluding along "Par-cel PFBC A.1" N 10-12-55 E a distance of 188.06 feet to a point; Thence along "Parcel PFBC A.1" the following four (4) courses:

1. along a curve to the right having a radius of 225.00, central angle of 08° 29' 07", chord bearing and distance of N 14-27-29 E a distance of 33.29 feet, an arc distance of 33.32 feet to a point; Thence

2. along a curve to the right having a radius of 225.00, central angle of 04° 23' 37", chord bearing and distance of N 20-53-51 E a distance of 17.25 feet, an arc distance of 17.25 feet to a point; Thence

3. N 23-05-39 E a distance of 18.25 feet to a point; Thence 4. along a curve to the left having a radius of 175.00, central angle of 18° 09' 42", chord bearing and distance of N 14-00-48 E a distance of 55.24 feet, an arc distance of 55.47 feet to a point; Thence along "Parcel Benner C" S 85-04-03 E a distance of 50.00 feet to a point;

Thence along "Parcel PFBC B" the following two (2) courses: 1. along a curve to the right having a radius of 225.00, central angle of 18° 09' 42", chord bearing and distance of S 14-00-48 W a distance of 71.02 feet, an arc distance of 71.32 feet to a point; Thence

2. S 23-05-39 W a distance of 18.25 feet to a point; Thence continuing along "Parcel PFBC B" and concluding along

"Parcel PGC C" along a curve to the left having a radius of 175.00, central angle of 12° 52' 44", chord bearing and distance of S

16-39-17 W a distance of 39.25 feet, an arc distance of 39.34 feet to a point; Thence along "Parcel PGC C" the following eleven (11) courses:

1. S 10-12-55 W a distance of 188.06 feet to a point; Thence 2. S 13-11-30 W a distance of 23.37 feet to a point; Thence 3. S 16-10-05 W a distance of 0.70 feet to a point; Thence 4. S 16-10-05 W a distance of 99.88 feet to a point; Thence 5. along a curve to the left having a radius of 975.00, central angle of 36° 17' 33", chord bearing and distance of S 01-58-42 E a distance of 607.31 feet, an arc distance of 617.59 feet to a point; Thence

6. S 20-07-28 E a distance of 231.37 feet to a point; Thence 7. along a curve to the right having a radius of 375.00, central angle of 57° 06' 24", chord bearing and distance of S 08-25-44 W a distance of 358.48 feet, an arc distance of 373.76 feet to a point; Thence

8. along a curve to the right having a radius of 325.00, central angle of 26° 32' 18", chord bearing and distance of S 50-15-05 W a distance of 149.19 feet, an arc distance of 150.53 feet to a point; Thence

9. S 63-31-14 W a distance of 321.97 feet to a point; Thence 10. along a curve to the left having a radius of 400.00, central angle of 73° 06' 40", chord bearing and distance of S 26-57-54 W a distance of 476.48 feet, an arc distance of 510.41 feet to a point;