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Medical Marijuana Access & Patient Safety Inc. v. Keara Klinepeter Et Al

The petition seeks declaratory and injunctive relief from the Pennsylvania Department of Health's Office of Medical Marijuana's February 4, 2022 mandate requiring the recall and destruction of hundreds of previously approved medical marijuana vaporization products containing added terpenes. It argues the mandate exceeds DOH's authority, constitutes an unlawful regulation, misapplies an existing regulation, and violates members' rights, constituting an unconstitutional taking of private property without due process that damages members' reputations. The petition requests that the court declare the mandate unlawful.

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0% found this document useful (0 votes)

162 views99 pages

Medical Marijuana Access & Patient Safety Inc. v. Keara Klinepeter Et Al

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You are on page 1/ 99

Received 2/10/2022 5:47:56 PM Commonwealth Court of Pennsylvania

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Medical Marijuana Access & Patient :

Safety, Inc., :
:
Petitioner, :
:
v. :
:
Keara Klinepeter, Acting Secretary, :
Pennsylvania Department of Health, John J. : No. __ MD 2022
Collins, Director of the Pennsylvania :
Department of Health, Office of Medical :
Marijuana, and Sunny D. Podolak, Assistant :
Director and Chief Compliance Officer of :
the Pennsylvania Department of Health, :
Office of Medical Marijuana :
:
Respondents. :

NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within thirty (30) days after this
Petition and Notice are served by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims
set forth against you. You are warned that if you fail to do so the case may proceed
without you and a Judgment may be entered against you by the Court without further
notice for any money claimed in the Petition or for any other claim or relief requested
by the Petitioner. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF

YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE ONE OF THE OFFICES SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY

BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Dauphin County Lawyer Referral Service,
Dauphin County Bar Association
213 North Front Street
Harrisburg, PA 17101
Phone: 717-232-7536
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Medical Marijuana Access & Patient :

PETITION FOR REVIEW IN THE NATURE

OF A COMPLAINT IN EQUITY
SEEKING DECLARATORY RELIEF AND INJUNCTIVE RELIEF

Petitioner and its individual members seek declaratory and injunctive

(preliminary and permanent) relief from the Department of Health’s Office of

Medical Marijuana’s (DOH) February 4, 2022 determination “that certain

vaporization products containing added ingredients, such as externally sourced

flavorings or terpenes,” must be recalled and destroyed because they “have not been

1
approved for inhalation by the United States Food and Drug Administration”

(Terpene Recall Mandate). 1

PRELIMINARY STATEMENT AND SUMMARY OF CLAIMS

1. On February 4, 2022, the DOH issued an email to all

grower/processors in the medical marijuana program mandating that hundreds of

DOH-previously-approved medical marijuana vaporization products that contain

terpene additives be recalled and destroyed (“Terpene Recall Mandate”), costing the

industry tens of millions of dollars and depriving patients of one of the most

important forms of medical marijuana.

2. For over three years, DOH has approved Petitioners’ applications to sell

these inhalation medical marijuana products with added terpenes. During this time,

these DOH-approved inhalation medical marijuana products with added terpenes

have been used by tens of thousands of patients with no adverse events.

3. The DOH issued the Terpene Recall Mandate without explanation and

under the rationale that these products were not listed on the United States Food and

Drug Administration’s (“FDA”) website as safe for inhalation. Such a reason for

recalling products is nonsensical and outside the authority provided for in the

1
DOH’s Terpene Recall Mandate was issued as an email to Pennsylvania’s
Medical Marijuana Organizations (MMOs). A copy is attached as Exhibit 1.
2
Medical Marijuana Act, 35 P.S. § 10231.1101, et seq., as amended (Act or Medical

Marijuana Act).

4. The FDA does not independently test or research products; rather,

manufacturers submit research and testing to the FDA for its review and approval of

these manufacturers’ products.

5. Because terpenes are almost exclusively used in marijuana products

and marijuana is illegal at the federal level, terpene manufacturers do not submit

their research and testing to the FDA. Hence, there is no reason why the terpenes

added to inhalation medical marijuana products would be listed on the FDA website

“as safe for inhalation.”

6. However, industry testing on these inhalation medical marijuana

products with added terpenes has been extensive and has supported the safety and

efficacy of these products.

7. DOH’s rationale for the Terpene Recall Mandate – “not listed on FDA

website as safe for inhalation” – is not only an impossible standard, but one not

provided for in the Act.

8. When it amended the Act to provide for the addition of terpenes, rather

than use DOH’s impossible to apply standard, the legislature instead expressly and

prudently provided that the standard that DOH may use, in determining whether to

approve such additives, is whether such products containing additives would be

3
considered by the FDA as “safe for use in food” or “GRAS” (generally recognized

as safe). 35 P.S. §10231.702(a)(5).

9. Upon Information and belief, all terpenes listed on DOH’s recall list of

medical marijuana inhalation products are listed in the FDA website as “safe for use

in food” or “GRAS”.

10. Further adding to the absurdity of DOH’s “FDA safe for inhalation”

standard is that DOH continues to approve medical marijuana inhalation products

with added terpenes so long as the terpenes are derived from the marijuana plant

itself.

11. However, many of the naturally sourced terpenes subject to the

Terpene Recall Mandate are chemically identical to the terpenes derived from

marijuana. There is no difference in chemical composition between the botanically

sourced terpenes DOH now denies and the terpenes DOH now allows.

12. DOH asserted its authority to issue the Terpene Recall Mandate via an

email by citing to 28 Pa. Code §1151.42(c). However, this regulation does not grant

DOH the authority for such a recall. Rather, the regulation provides that

grower/processors shall initiate a recall if they become aware of any “complaint

made … by a patient, caregiver or practitioner”.

13. Petitioner’s members are not aware of a single complaint made by a

patient, caregiver, or practitioner, and DOH has not cited to any.

4
14. There are many reasons why in most states where medical marijuana is

legalized, including Pennsylvania for the last three plus years, it is common for

growers and processors to add terpenes naturally sourced from fruits, botanicals, and

marijuana to their vaporization medical marijuana products. For example, the

terpenes provide health benefits and enhance the flavor and aromatic components of

the vaporized products for patients such as those undergoing chemotherapy to better

tolerate the medicine.

15. Pennsylvania patients have been using the inhalation products

enhanced with these terpenes for over three years without a single adverse incident,

let alone an adverse incident requiring a mandatory recall.

16. Based on DOH prior approvals, Petitioner’s members have expended

millions of dollars in equipment, supplies, labor, transportation, and marketing to

safely bring these medical marijuana inhalation products with added terpenes to

patients who need them.

17. Petitioners seek a declaratory judgment that DOHs’ Terpene Recall

Mandate is unlawful, because it: exceeds DOH’s statutory authority (Count I); is an

unlawful de facto regulation (Count II); improperly applies an existing DOH

regulation as the procedural basis for implementing the recall (Count III); violates

Petitioner’s members’ vested rights (Count IV); effects an unconstitutional taking of

private property (Count V); violates Petitioner’s members’ procedural due process

5
rights (Count VI); and, impugns Petitioner’s members’ constitutionally protected

right to reputation (Count VII). The Declaratory Judgments Act, 42 Pa. C.S. §§

7531-7541, is available to Petitioner to settle and afford relief from the uncertainty

and insecurity with respect to Petitioner’s rights, status and legal relations

engendered by the questionable status of DOH’s Terpene Recall Mandate.

18. Petitioner also seeks to preliminarily (Count VIII) and permanently

(Count IX) enjoin implementation of DOH’s Terpene Recall Mandate and this Court

has the power to do so pursuant to 42 Pa. C.S. § 761(a)(1).

STATEMENT OF JURISDICTION

19. The Court has original jurisdiction over this action pursuant to 42 Pa.

C.S. § 761(a)(1) which provides that this Court “shall have original jurisdiction of

all civil actions and proceedings . . . [a]gainst the Commonwealth government . . .”

PETITIONER

20. Petitioner is a 501(c)(6) non-profit association 2 consisting of a cross-

section of industry stakeholders from permitted grower/processors and dispensaries,

to certified patients that use the medical marijuana vaporization products that are

subject to DOH’s terpene recall mandate, and terpene suppliers. Upon information

and belief, Petitioner’s members account for approximately 75% of the medical

2
Petitioner’s status as a 501(c)(6) non-profit is pending.
6
marijuana operations in Pennsylvania and produce more than approximately 90% of

the vaporization products that are subject to DOH’s Terpene Recall Mandate.

RESPONDENTS

21. Respondent Keara Klinepeter is the Acting Secretary of the

Pennsylvania Department of Health, the executive agency that issued the Terpene

Recall Mandate and the agency that has the duty and authority to administer and

enforce the Act, and the rules and regulations promulgated thereunder.

22. Respondent John J. Collins is the Director of the Pennsylvania

Department of Health, Office of Medical Marijuana, the DOH office that is tasked

with implementing and enforcing the Act and its regulations on a day-to-day basis.

Respondent Collins is the DOH official who instituted the vaporization re-approval

process that resulted in the Terpene Recall Mandate.

23. Respondent Sunny D. Podolak is the Assistant Director and Chief

Compliance Officer of the Pennsylvania Department of Health, Office of Medical

Marijuana, the DOH office that is tasked with implementing and enforcing the Act

and its regulations on a day-to-day basis. Respondent Podolak is the DOH employee

who sent the emails initiating the vaporization re-approval process and imposing the

Terpene Recall Mandate.

7
FACTUAL BACKGROUND

24. The Medical Marijuana Act became law on April 17, 2016, effective

May 17, 2016.

25. The Act authorizes the production, dispensing, and patient use of

various forms of medical marijuana, including “a form medically appropriate for

administration by vaporization.” 35 P.S. §10231.303(b)(2)(iv).

26. Administration of medical marijuana through inhalation of vapor

currently represents 36% of medical marijuana usage in Pennsylvania.

27. Petitioner’s member grower/processors and dispensaries began selling

medical marijuana vaporization products in 2018, and DOH has reviewed and

approved for production, sale, and dispensing each of the products used by patients.

28. Like all medical marijuana products, the cannabis in vaporization

products contains substances known as terpenes; terpenes are naturally occurring

chemical compounds found in cannabis and other plants that give the plant its flavor,

aroma, and color.

29. In addition to the terpenes that naturally occur in cannabis, medical

marijuana producers nationwide, including in Pennsylvania, add terpenes extracted

from other natural sources (such as lemons, hemp, or botanicals) to add flavor to the

vapor and to improve the aromatic component of the medicine. The products subject

to the Terpene Recall Mandate are made from a highly refined form of medical

8
marijuana called distillate, which would otherwise be devoid of the associated

terpenes that medical marijuana patients expect in their medicine.

30. Petitioner’s grower/processor members add terpenes to their medical

marijuana vaporization products, and DOH reviewed and approved each such

product before it became available for use by patients.

31. Relevant to the present Petition, the Medical Marijuana Act was

amended in June 2021 by Act 44 of 2021.

32. Act 44 amended Section 702 of the Act to expressly permit, subject to

certain statutory conditions and DOH regulations, the addition of terpenes and other

additives to medical marijuana products. 35 P.S. §10231.702(a)(5).

33. Section 702(a)(5) requires that terpenes “must be pharmaceutical

grade, unless otherwise approved by the department.” 35 P.S. §10231.702(a)(5).

34. Section 702 further provides that in determining whether to approve

the addition of a terpene which is not pharmaceutical grade, DOH shall consider

only whether the terpene is “permitted by the U.S. Food and Drug Administration

for use in food or is Generally Recognized as Safe (“GRAS”) under Federal

guidelines” or whether the terpene constitutes a known hazard such as diacetyl, and

pentanedione. 35 P.S. §§10231.702(a)(5)(i)-(ii) (emphasis added).

35. DOH has temporary regulations for medical marijuana in effect but has

yet to promulgate permanent regulations.

9
36. DOH has not promulgated any regulations implementing Act 44.

37. DOH’s temporary regulations that have been in effect since 2017 state

in pertinent part that a “grower/processor may not add any additional active

ingredients or materials to medical marijuana that alters the dosage level, color,

appearance, smell, taste, effect or weight of the medical marijuana unless the

grower/processor has first obtained the prior written approval of the Department.

Excipients must be pharmaceutical grade, unless otherwise approved by the

Department.” 28 Pa. Code § 1151.27(f).

38. Since grower/processors and dispensaries began selling medical

marijuana products in 2018, they have submitted requests, and received approvals

for, hundreds of vaporization products containing added terpenes.

39. Of the hundreds of medical marijuana products containing added

terpenes approved since 2018, 100% have been approved by the DOH.

40. Petitioner and its members are unaware of a single adverse event

experienced by a patient in Pennsylvania or anywhere in the U.S. that was caused

by a medical marijuana vaporization product attributed to added pharmaceutical

grade terpenes, nor has DOH asserted any such adverse event has occurred.

41. On November 16, 2021, Respondent Podolak sent an email (attached

hereto as Exhibit 2) to an unspecified group of Medical Marijuana Organizations

(“MMOs”) advising them that DOH was “conducting a review of all vaporized

10
medical marijuana products containing additional ingredients” and that DOH was

requiring every grower/processor to “submit for approval each vaporized product

that contains additional ingredients, even if the product had previously been

approved.” (emphasis added).

42. Pursuant to Respondent Podolak’s email, submissions for re-approval

of all medical marijuana vaporization products and each respective vaporization

product’s ingredients were due to DOH by November 30, 2021, in seven business

days.

43. Petitioner’s members timely provided all information requested in

DOH’s November 16, 2021 email.

44. On December 2, 2021, DOH emailed all patients in the medical

marijuana program advising them that DOH was reviewing all products containing

added terpenes and stating in part “you should be aware that products with added

ingredients may not be safe for inhalation, and you should make your own decision

about whether to use these products.” The December 2, 2021 email is attached hereto

as Exhibit 3.

45. On December 2, 2021, the Medical Marijuana Advisory Board Patient

Advocate, Luke Schultz, emailed Respondent Collins asking whether any adverse

events had provoked the DOH’s December 2, 2021 emails. Mr. Schultz stated that

he believed there were no adverse events related to any vaporization products since

11
all medical marijuana products are subject to DOH’s “review that has been ongoing

since the program’s inception”. Mr. Schultz further stated that since the Office’s

December 2, 2021 email did not state a reason for the warning over additives in

vaporized products or even specify which products were of concern, that patients

“don’t feel as though they have enough information to properly” make their “own

decisions about whether to use these products.” Mr. Schultz’s December 2, 2021

email is attached hereto as Exhibit 4.

46. To date, DOH has failed to respond to Mr. Schultz’s December 2, 2021

email.

47. On December 13, 2021, Respondent Podolak sent another email to

grower/processors requesting any information they had “regarding the determined

safety of the externally sourced additives for inhalation, including artificial terpenes

or flavorings, used in your vaporized products.” The December 13, 2021, email is

attached hereto as Exhibit 5.

48. Pursuant to the December 13, 2021 email, grower/processors had less

than 48 hours to respond.

49. On December 15, 2021, the DOH received hundreds of pages of

submissions from grower/processors and terpene manufacturers, including

declarations from medical doctors and scientists that affirmed that there are no

known safety concerns associated with fruit or botanically-derived terpenes while

12
also confirming that there are benefits to adding these terpenes in medical marijuana

vaporized products. A representative sample of Petitioner’s members’ submissions

is attached as Exhibit 6.

50. For nearly two months following DOH’s December 13, 2021 email

requesting safety information from all grower/processors, DOH stopped

communicating via industry-wide email transmissions to grower/processors,

dispensaries, patients, and physicians concerning the vaporization product re-

approval process.

51. On February 4, 2022, the DOH sent a separate email to all patients in

the medical marijuana program advising that the DOH was recalling medical

marijuana products from dispensaries that “have not been approved for inhalation

by the United States Food and Drug Administration”. This DOH email to patients

stated that although some of these “added ingredients may be considered safe in

other non-inhaled products” the DOH was issuing a mandatory recall if such

products were intended for inhalation. The February 4, 2022 email to patients is

attached as Exhibit 7.

52. Noticeably missing in DOH’s February 4, 2022 email to patients was

a warning to discontinue use of the terpene infused vaporization products that

patients might have in their possession or any process for patients to return these

products to dispensaries.

13
53. DOH’s February 4, 2022 email to patients did not state that the added

terpenes or the terpene infused vaporization products are unsafe or that DOH had

received any patient complaints or notices from physicians that patients using the

products have experienced any adverse reactions.

54. Rather, DOH’s February 4, 2022 email to patients advised that patients

could “consult with the medical professional at the dispensary to help identify which

alternative products may be appropriate.”

55. Also on February 4, 2022, DOH issued the Terpene Recall Mandate

email (see, Exh. 1) to grower/processors and dispensaries instituting a mandatory

recall of at least 670 individual products under the alleged authority of 28 Pa. Code

§1151.42(c)(1).

56. DOH also posted a list on DOH’s website of all products and

grower/processors subject to the Terpene Recall Mandate.

57. Compliance with the recall requires Petitioners to destroy product

and/or the return of product for destruction. This product was manufactured

according to DOH approvals and purchased for resale on that basis.

58. Pursuant to the Terpene Recall Mandate dispensaries have begun

shipping the medical marijuana vaporization products containing the added terpenes

back to the grower/processors who produced them where they are currently in

quarantine.

14
59. DOH stated its reasoning for the Terpene Recall Mandate as “certain

vaporization products containing added ingredients, such as externally sourced

flavorings or terpenes, have not been approved for inhalation by the United States

Food and Drug Administration.”

60. The added terpenes in these 670-plus products come from natural

sources other than marijuana but are chemically indistinguishable from terpenes that

occur naturally in cannabis and that grower/processors extract themselves from

cannabis and then add to the medical marijuana vaporization products they produce

– i.e., the terpenes ostensibly allowed by DOH.

61. DOH cited to Section 702(a)(5) of the Act, 35 P.S. § 10231.702(a)(5),

for support of its Terpene Recall Mandate, but this section of the Act only provides

that such added terpenes need to be pharmaceutical grade or otherwise approved by

the department in accordance with 35 P.S. § 10231.702(a)(5)(i)-(ii).

62. Upon information and belief, all added terpenes used by Petitioner’s

grower/processor members are pharmaceutical grade or otherwise FDA-approved

for use in food or GRAS.

63. DOH misstates the Section 702(a)(5) approval standard by inserting the

necessity that the FDA must have approved such terpenes “for inhalation.” Such a

misstatement constitutes an impermissible addition to the statute, one not made by,

and contrary to, the General Assembly’s intent.

15
64. The manner and means DOH employed by sending the Terpene Recall

Mandate via the February 4, 2022 email to grower/processors constitutes a

regulation not properly promulgated under the Act even as a temporary regulation.

65. The FDA does not develop or test products. Instead, the FDA reviews

results of testing done by manufacturers who wish to obtain FDA approval for their

drug products.

66. Terpenes extracted from cannabis and other plants are predominantly

and almost exclusively used as additives to marijuana vaporization products that are

inhaled by the user.

67. Marijuana is illegal under federal law. Therefore, the producers of

terpenes used in marijuana vaporization products that are inhaled do not seek FDA

approval or submit test results to the FDA.

68. The FDA has not reviewed terpenes used in medical marijuana

products made for inhalation and therefore does not list any of these on its website.

69. Medical Marijuana, itself, is not listed on the FDA website as “safe for

inhalation.”

70. Using “FDA-approved as safe for inhalation” as the standard for

approving added terpenes is an unachievable standard lacking a factual and legal

basis because no terpene would be approved given the intended use of terpenes and

the legal status of marijuana under federal law.

16
71. Noticeably missing in the Terpene Recall Mandate is any reference to

an occurrence of an adverse event or any assertion that the terpenes or terpene

infused vaporization products represent any hazard to patients.

72. The terpenes and vaporization products subject to the Terpene Recall

Mandate are prevalent and legally accepted in numerous states that have legalized

medical marijuana and have been for up over eight years without a single reported

adverse event.

73. The Terpene Recall Mandate that recalls over 670 individual product

types (“Terpene Infused Vaporization Products”) represents over 329,073 total

products at a cost in excess of $17.75 million dollars to Petitioner’s members.

74. The Terpene Infused Vaporization Products represent 35.6% of the

current total Pennsylvania medical marijuana product market.

75. The Terpene Infused Vaporization Products represent approximately

57% of the total annual sales of the Pennsylvania medical marijuana vaporization

product market.

76. The Terpene Recall Mandate will deprive approximately 150,000

Pennsylvania medical marijuana patients of their preferred products.

77. Terpene Infused Vaporization Products are essential medicine for

many patients suffering from conditions approved under the Act to be treated by

medical marijuana including but not limited to cancer patients undergoing

17
chemotherapy treatment and patients suffering from severe chronic or intractable

pain.

78. According to DOH, there are currently over 670,000 patients certified

in the Pennsylvania medical marijuana program, and vaporized Medical Marijuana

products, the majority of which are Terpene Infused Products, represent more than

35% of the total products purchased by the patients in the program from January

2020 to October 2021. 3

79. Patients needing the Terpene Infused Vaporization Products, if unable

to secure them through the program’s dispensaries, likely will turn to the dangerous

black market to obtain these types of products; to have patients relying on black

market terpene infused vaporization products is dangerous because they are

unregulated and untested products that could contain toxic substances, e.g.,

pesticides, solvents, heavy metals, even arsenic and embalming fluid, a risk the

legislature sought to eliminate through the Act. When originally passing the Act, the

legislature considered the risks of patients accessing the black market or traveling to

other states for medical marijuana if these medicines were not legalized in

Pennsylvania. Given that vaporized medical marijuana products are an

3
See, Department of Health Medical Marijuana Advisory Board Meeting
Presentation for Nov. 16, 2021 Advisory Board Meeting at p. 4, 13, available at
https://www.health.pa.gov/topics/Documents/Programs/Medical%20Marijuana/M
MAB%20Presentation%20-%20November%2016,%202021.pdf
18
overwhelming preference for patients, turning to the illicit market or adjoining states

is a reality. See Pennsylvania Senate Journal 2016 Reg. Session No. 6 at 36-37

attached hereto as Exhibit 8.

80. Because many of the products subject to the Terpene Recall Mandate

were already approved by the DOH months or even years ago, in addition to the

specific lost-product costs, the Petitioner’s members will suffer more than

$26,000,000 in costs associated with the development, creation, marketing, and

distribution of these products including but not limited to the equipment, supplies,

and labor necessary to create these products.

81. In addition to the economic loss from the Terpene Recall Mandate,

Petitioner’s grower/processor members are suffering damage to their reputations

caused by the emails DOH sent to patients that imply without evidence that

Petitioner’s members are producing and dispensing unsafe products, and by

including Petitioner’s members on a list posted on DOH’s website that identifies

them as producers of products that must be recalled.

82. The DOH has not conducted any tests or research which support a

determination that Terpenes are unsafe.

83. In 2019, during the time when many of the Terpene Infused

Vaporization Products were approved, DOH’s Secretary stated, “Pennsylvania’s

medical marijuana program is carefully regulated, with products going through

19
extensive laboratory testing. Pennsylvania has a safe, effective and high-quality

program designed to help those suffering from any of the 23 serious medical

conditions.”4

84. On August 17, 2021, Respondent Collins re-affirmed that all medical

marijuana products containing additives that are available to Pennsylvania patients

are subject to “a very granular [approval] process” by undergoing “a very detailed

process that does a look back to FDA requirements and approvals for amount,

substance and route of administration and maximum amounts per dosage and that is

looked at very, very carefully” and that no adverse events had occurred to date as a

direct result of any product. 5

85. These Terpene Infused Vaporization Products are all subjected to

stringent testing and have specified expiration dates. All products subject to the

Terpene Recall Mandate have passed at least two separate testing phases.

86. Petitioners relied on the Department’s prior approvals to invest

millions of dollars in the development of safe and effective Terpene Infused

4
Available at https://www.media.pa.gov/pages/Health-
details.aspx?newsid=651 (Feb. 8, 2022).
5
See August 17, 2021 Medical Marijuana Advisory Board Meeting Minutes,
at 71-72, available at
https://www.health.pa.gov/topics/Documents/Programs/Medical%20Marijuana/Me
eting%20Minutes%20-%20August%2017,%202021.pdf.
20
Vaporization Products. DOH has not cited any change in circumstances that justifies

the recall actions which are a 180 degree turn away from its prior approvals.

87. Petitioners will suffer irreparable harm if they are made to destroy these

Terpene Infused Vaporization Products or made to quarantine these products beyond

their expiration dates and patients will suffer irreparable harm if they are prohibited

from securing these Terpene Infused Products.

COUNT I: DECLARATORY JUDGMENT

LACK OF STATUTORY AUTHORITY

88. Paragraphs 1-87 are incorporated herein by reference as if fully set

forth.

89. Terpenes that are added to medical marijuana are “excipients” as that

term is used in the Medical Marijuana Act.

90. The Medical Marijuana Act as amended in June 2021 by Act 44

expressly addresses the issue of excipients, permits a grower/processor to add an

excipient to a medical marijuana product if it is pharmaceutical grade, and authorizes

DOH to disapprove a proposed added substance only if the FDA has not approved

it “for use in food or it is not Generally Recognized as Safe (GRAS) under Federal

guidelines.” 35 P.S. § 10231.702(a)(5).

91. The Medical Marijuana Act as amended in June 2021 does not

authorize DOH to base approval or disapproval of the addition of an excipient based

on whether the FDA has approved or disapproved it “for inhalation.”

21
92. Petitioner and its members are unaware of any list or directory of

terpenes that the FDA has approved for inhalation. The FDA-approval process is

manufacturer initiated. A manufacturer performs and submits product testing for

FDA review and approval. Because terpenes in inhalation products are almost

exclusively used in marijuana products, terpene manufacturers do not submit their

testing to the FDA since marijuana is still illegal at the federal level. Therefore, the

FDA has had no opportunity to approve a terpene for inhalation.

93. Because the Medical Marijuana Act expressly addresses the use of

excipients and authorizes DOH to non-approve a medical marijuana product if it

contains an excipient not approved by the FDA for use in food but is silent on the

issue of FDA approval of an excipient for inhalation, DOH’s Terpene Recall

Mandate based on the absence of FDA approval for inhalation exceeds DOH’s

authority under the Medical Marijuana Act, and is in fact contrary to the Act.

COUNT II: DECLARATORY JUDGMENT

UNLAWFUL DE FACTO REGULATION

94. Paragraphs 1-93 are incorporated herein by reference as if fully set

forth.

95. DOH’s Terpene Recall Mandate announces for the first time an

immediately effective industry-wide rule that purports to have the force and effect

of law: that if a terpene is not approved by the FDA for inhalation, it may not be

used in a vaporized medical marijuana product.

22
96. The Terpene Recall Mandate creates a binding norm that, assuming

without conceding the requisite statutory authority to impose it, may only be

imposed through a properly promulgated regulation: “[i]f an interpretative rule or

statement of policy functions as a regulation, then it will be nullified due to the agency's

failure to obey the processes applicable to the promulgation of a regulation.” Dep’t of

Environmental Resources v. Rushton Mining Company, 591 A.2d 1168, 1171 (Pa.

Cmwlth. 1991).

97. The Terpene Recall Mandate adds a provision to the Act not enacted

by or contemplated by the General Assembly, fails to track the statute, is an invalidly

promulgated regulation, is not entitled to deference by this court and thus is void and

of no effect.

COUNT III: DECLARATORY JUDGMENT

IMPROPER RELIANCE ON RECALL REGULATION

98. Paragraphs 1-97 are incorporated herein by reference as if fully set

forth.

99. As its source of authority to implement a mandatory recall, DOH

purports to rely on the “mandatory recall procedures” set forth in 28 Pa. Code §

1151.42(c).

100. Section 1151.42(c) applies where a grower/processor “discovers that a

condition relating to … medical marijuana products …processed at its facility poses

a risk to public health and safety.” 28 Pa. Code § 1151.42(c).

23
101. Section 1151.42(c) does not grant authority to DOH to initiate a

mandatory recall.

102. Petitioner’s members that are grower/processors and dispensers do not

believe that the vaporized products that are subject to the Terpene Recall Mandate

pose “a risk to public health and safety” and have not otherwise discovered that they

do pose a risk to public health and safety.

103. DOH did not declare in its February 4, 2022 Terpene Recall Mandate,

or otherwise convey to grower/processors and dispensaries that the vaporized

products that are subject to the Terpene Recall Mandate pose “a risk to public health

and safety.”

104. Petitioner’s members that operate medical marijuana dispensaries and

grower/processor facilities are not aware of any “complaint made … by a patient,

caregiver or practitioner” concerning an “adverse event from using” vaporized

medical marijuana products within the meaning of 28 Pa. Code § 1151.42(a) that

would trigger a voluntary or mandatory recall.

105. DOH has not identified an “adverse event from using” vaporized

medical marijuana products that contain the terpenes that are the subject of the

Terpene Recall Mandate.

24
106. Accordingly, 28 Pa. Code § 1151.42(c) does not provide the requisite

regulatory authority for DOH to initiate the Terpene Recall Mandate, and no other

DOH regulation confers that authority on DOH.

COUNT IV: DECLARATORY JUDGMENT

VESTED RIGHT, DETRIMENTAL RELIANCE,
AND PROMISSORY ESTOPPEL

107. Paragraphs 1-106 are incorporated herein by reference as if fully set

forth.

108. Petitioner’s members that operate medical marijuana

grower/processors and dispensaries have a vested right in producing and dispensing

the vaporized medical marijuana products that are the subject of the Terpene Recall

Mandate.

109. The factors to be considered in establishing a vested right in prior

government approval to take action that is subject to government regulation are:

a. The entity’s due diligence in attempting to comply with the law;

b. The entity’s own good faith throughout the proceedings;

c. The expenditure of substantial unrecoverable sums;

d. The expiration of the applicable appeal period (i.e., any appeal

period related to the initial DOH approval to produce and dispense

a vaporized medical marijuana product; and

25
e. The insufficiency of the evidence to prove that the individual

property rights or the public health, safety or welfare would be

adversely affected by continued reliance on the prior approval.

Dept. of Environmental Resources v. Flynn, 344 A.2d 720 (Pa. Cmwlth. 1975).

110. Petitioner’s members satisfy each of these factors:

a. Each received prior approval from DOH to produce and dispense

the vaporized medical marijuana products that are now the subject

of the Terpene Recall Mandate;

b. Each has complied in good faith with DOH’s regulations concerning

the production and dispensing of vaporized medical marijuana

products;

c. Each has expended substantial sums in producing and dispensing the

vaporized medical marijuana products that are the subject of the

Terpene Recall Mandate, such that imposition of the recall will

result in the loss to Petitioner’s members of a sum totaling hundreds

of millions of dollars;

d. There are no pending appeals associated with the prior approvals

Petitioner’s members received from DOH to produce and dispense

the vaporized medical marijuana products that are the subject of the

Terpene Recall Mandate; and

26
e. DOH has cited no evidence that public health, safety or welfare

would be adversely affected by continued production and dispensing

of the vaporized medical marijuana products that are the subject of

the Terpene Recall Mandate.

111. Accordingly, DOH’s Terpene Recall Mandate is barred by the doctrine

of vested rights, in that Petitioner’s members have relied to their detriment on DOH’s

prior approvals of the production and dispensing of the vaporized medical marijuana

products that are the subject of the Terpene Recall Mandate.

COUNT V: DECLARATORY JUDGMENT – TAKING

112. Paragraphs 1-111 are incorporated herein by reference as if fully set

forth.

113. DOH’s Terpene Recall Mandate violates the Fifth Amendment of the

United States Constitution and Article I, Section 10 of the Pennsylvania Constitution

in that it effects an unconstitutional taking of private property without compensation.

114. Imposition of the Terpene Recall Mandate will result in the loss to

Petitioner’s members of a sum totaling tens of millions of dollars.

115. “[W]hile property may be regulated to a certain extent, if regulation

goes too far it will be recognized as a taking.” Pennsylvania Coal Company v.

Mahon, 260 U.S. 393 (1922).

27
116. “[W]hat constitutes ‘too far’ depends on the facts and circumstances of

a particular case … the United States Supreme Court identified the following as

significant factors in determining whether a taking has occurred: “the economic

impact of the regulation, ... and particularly, the extent to which the regulation has

interfered with distinct investment-backed expectations ... [and] the character of the

government action.” Penn Cent. Transp. Co. v. City of New York, 438 U.S. 104

(1978).

117. DOH’s Terpene Recall Mandate requiring the recall and destruction of

products previously approved for sale, absent an adverse event and without a

credible public health or safety concern, resulting in the total loss of the value of the

products and forfeiture of funds expended to develop, market, create, and distribute

these products, plainly interferes with “distinct investment-backed expectations” of

Petitioner’s members.

118. Given the lack of authority to issue the recall order and DOH’s failure

to demonstrate that the vaporized medical marijuana products that are the subject of

the Terpene Recall Mandate are a known hazard or unsafe for inhalation, DOH’s

Terpene Recall Mandate is not a legitimate exercise of the police power.

COUNT VI: DECLARATORY JUDGMENT

PROCEDURAL DUE PROCESS

119. Paragraphs 1-118 are incorporated herein by reference as if fully set

forth.
28
120. DOH’s Terpene Recall Mandate violates the Fourteenth Amendment of

the United States Constitution and Article I, Sections 1 and 11 of the Pennsylvania

Constitution in that it deprives Petitioner’s members of their constitutional right to

due process.

121. “The essential elements of due process are notice and opportunity to be

heard and to defend in an orderly proceeding adapted to the nature of the case before

a tribunal having jurisdiction of the cause.” Com. Dep’t of Transp., Bureau of Driver

Licensing v. Clayton, 546 Pa. 342, 351, 684 A.2d 1060, 1064 (Pa. 1996).

122. In addition, “When an individual is deprived of property by

governmental action, he must be afforded at some point in the proceeding an

opportunity to be heard.” Cedarbrook Realty, Inc. v. Nahill, 399 A.2d 374, 377 (Pa.

1979).

123. The United States Supreme Court has expressed a preference for pre-

deprivation hearings: “If the right to notice and a hearing is to serve its full purpose,

then, it is clear that it must be granted at a time when the deprivation can still be

prevented.” Fuentes v. Shevin, 407 U.S. 67, 81-82 (1972).109.

124. DOH’s Terpene Recall Mandate requires Petitioner’s grower/processor

and dispensary members to cease immediately the production and dispensing of the

Terpene Infused Vaporization Products. Under the DOH action MMOs must

immediately cease distributing terpene added products and return them to the

29
grower/processor. The absence of a supersedeas provision means that there is no

meaningful pre-deprivation hearing before MMOs must surrender their property.

124. Also, because the products will be destroyed upon returning them to the

grower/processor or expire if quarantined, an appeal absent a supersedeas provision

does not provide adequate due process. For these same reasons, there is no adequate

post-deprivation remedy where the product is destroyed or otherwise unusable for

its intended purpose.

125. In its Terpene Recall Mandate, DOH instructs grower/processors and

dispensaries that they may file an appeal with the Secretary of Health within 30 days

of DOH’s recall decision pursuant to Chapter 1230 of DOH’s temporary regulations

(relating to practice and procedure).

126. Neither DOH’s regulations at Chapter 1230 nor the General Rules of

Administrative Practice and Procedure, 1 Pa. Code § 35.1, et seq., provide for a

supersedeas to DOH’s Terpene Recall Mandate upon filing of an administrative

appeal.

127. Because the Terpene Recall Mandate is effective immediately and prior

to Petitioner’s grower/processor and dispensary members having had an opportunity

to be heard and defend against the imposition of the mandate, Petitioner’s member’s

due process rights have been violated.

30
COUNT VII: DECLARATORY JUDGMENT
DAMAGE TO REPUTATION

128. Paragraphs 1-127 are incorporated herein by reference as if fully set

forth.

129. Article I, Section 1 of the Pennsylvania Constitution designates the

right to reputation as an inherent and indefeasible right, and Article I, Section 11

provides for a remedy through the courts for injury to reputation.

130. As a fundamental right that the Pennsylvania Constitution protects, a

claim that a state law or regulation infringes on the right to reputation triggers strict

scrutiny. Pennsylvania Bar Ass’n v. Com., 607 A.2d at 857 (“where the right affected

is fundamental … strict judicial scrutiny is applied”).

131. Petitioner’s members produced and dispensed vaporized medical

marijuana products that are the subject of the Terpene Recall Mandate with full

approval of DOH, and in so doing adhered to DOH’s regulations and the highest

standards of quality.

132. DOH published on its website a list of over 670 vaporization products

that are subject to the Terpene Recall Mandate that identifies the grower/processor

of each product being recalled by name and thereby communicates to Pennsylvania

medical marijuana patients that the identified grower/processor’s product is unsafe.

133. Petitioner’s members that operate medical marijuana dispensaries and

grower/processor facilities are not aware of any “complaint made … by a patient,

31
caregiver or practitioner” concerning an “adverse event from using” vaporized

medical marijuana products within the meaning of 28 Pa. Code § 1151.42(a) that

would trigger a voluntary or mandatory recall.

134. DOH has not identified an “adverse event from using” vaporized

medical marijuana products that contain the terpenes that are the subject of the

Terpene Recall Mandate.

135. Despite this lack of evidence and DOH’s own prior approval of the

products subject to recall, DOH has issued the Terpene Recall Mandate and in so

doing has caused mass confusion with medical marijuana patients and impugned the

reputation of Petitioner’s members with their patients all while experiencing no

reported adverse events during the lifespan of DOH’s medical marijuana program.

COUNT VIII: PRELIMINARY INJUNCTION

136. Paragraphs 1-135 are incorporated herein by reference as if fully set

forth.

137. Petitioner is entitled to a preliminary injunction to enjoin enforcement

of DOH’s Terpene Recall Mandate pending final resolution by this court that the

recall mandate is unlawful; Petitioner and its members have established that they

have a likelihood of succeeding on the merits of their claim that the Terpene Recall

Mandate is unlawful and invalid, that they will suffer immediate and irreparable

32
harm if the Terpene Recall Mandate remains in effect pending resolution of this

action, and that the balance of harms and the public interest weigh in their favor.

138. Petitioner separately is filing an application for a preliminary injunction

that addresses these criteria in detail.

COUNT IX: PERMANENT INJUNCTION

139. Paragraphs 1-138 are incorporated herein by reference as if fully set

forth.

140. To establish a claim for a permanent injunction, Petitioners must

establish a clear right to relief and that an injunction is necessary to prevent a legal

wrong for which there is no adequate redress at law. Arsenal Coal Co. v. DER, 477

A.2d 1333 (Pa. 1984).

141. Petitioner has a clear right to relief in that DOH’s Terpene Recall

Mandate has no basis in statute or regulation, violates Petitioner’s members’ vested

rights, effects an unconstitutional taking, and infringes on Petitioner’s members’

constitutionally protected right to reputation.

142. Petitioners have no adequate remedy at law because if the Terpene

Recall Mandate is allowed to progress, all the vaporized medical marijuana products

that are the subject of the recall will be recalled and destroyed, resulting in

substantial uncompensated economic harm to Petitioners’ members, damage to

33
Petitioners’ members’ reputations, and deprivation to medical marijuana patients of

the form of medical marijuana on which they rely.

WHEREFORE, Petitioners respectfully request that the Court:

(a) As to Counts I-VI, declare that DOH’s Terpene Recall Mandate

issued February 4, 2022 is unlawful;

(b) As to Count VII, preliminarily enjoin DOH’s enforcement of the

Terpene Recall Mandate pending resolution of this petition for

review; and

(c) As to Count VIII, permanently enjoin DOH’s enforcement of the

Terpene Recall Mandate.

Respectfully submitted,

/ s / Kevin J. McKeon
Judith D. Cassel I.D. No. 209393
Kevin J. McKeon, I.D. No. 30428
Dennis A. Whitaker, I.D. No. 53975
Micah R. Bucy, I.D. No. 320196
Hawke McKeon & Sniscak, LLP
100 North Tenth Street
Harrisburg, PA 17101
Telephone: 717-236-1300
Facsimile: 717-236-4841
[email protected]
[email protected]
[email protected]
[email protected]
Counsel for Petitioner
DATED: February 10, 2022

34
EXHIBIT 1
From: Podolak, Sunny
To: Podolak, Sunny
Cc: Bosack, Tabbitha; Azar, Michael; Dougherty, Danielle; Elliott, Jaime
Subject: Important information regarding statewide review of all vaporization products containing added ingredients
Date: Friday, February 4, 2022 11:14:37 AM

Hello,

The Department conducted a statewide review of all vaporization products containing added
ingredients and has determined that certain vaporization products containing added ingredients, such
as externally sourced flavorings or terpenes, have not been approved for inhalation by the United
States Food and Drug Administration.  35 P.S. § 10231.702(a)(5), 28 Pa. Code § 1151.27(f).

The affected grower/processors have just been notified that these products meet the conditions for
recall under 28 Pa. Code § 1151.42(c)(1); accordingly, mandatory recall procedures must be
implemented. 28 Pa. Code § 1151.42(c). Certain vaporization products will no longer be available
for dispensing to patients or caregivers. The list of affected products is posted on our website at
www.medicalmarijuana.pa.gov.
You must return all recalled products to the grower/processor for proper disposal of these products in
accordance with 28 Pa. Code § 1161.38(c). You must provide proof of the return of all recalled
products. A manifest is acceptable as proof of return and should be emailed to RA-
[email protected]. Failure to comply will result in the Department acting to impose
sanctions against you under 28 Pa. Code § 1141.47.
You may appeal this action to the Secretary of Health in writing within 30 days of the date of
emailing in accordance with 28 Pa. Code Chapter 1230 (relating to practice and procedure –
temporary regulations).

If you have questions about specific products, please contact the grower/processor.

Thank you for your commitment to keeping patients safe.

Sunny

Sunny D Podolak, MS
Assistant Director and Chief Compliance Officer
PA Department of Health | Office of Medical Marijuana
Room 628, Health and Welfare Building
625 Forster Street | Harrisburg, PA 17120 - 0701
Phone: 717.547.3047 | Fax: 717.265.8280
www.medicalmarijuana.pa.gov

[EXTERNAL] Do not click any links or attachments unless you're expecting something from this sender and know the
content is safe. If unsure, click the Report Message button above.
EXHIBIT 2
From: Podolak, Sunny <[email protected]>
Sent: Tuesday, November 16, 2021 3:57 PM
To: Podolak, Sunny <[email protected]>
Cc: Bosack, Tabbitha <[email protected]>; Elliott, Jaime <[email protected]>; Dougherty, Danielle
<[email protected]>; Azar, Michael <[email protected]>
Subject: ACTION REQUIRED - review of vaporized medical marijuana products containing additional
ingredients
Importance: High

EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.

Good Afternoon,

The Department is conducting a review of all vaporized medical marijuana products containing
additional ingredients (anything that alters the dosage level, color, appearance, smell, taste, effect
or weight of the medical marijuana). By this notice, the Department is requiring every
grower/processor to submit for approval each vaporized product that contains additional
ingredients, even if the product had previously been approved.

Please use the attached forms to submit each product for approval (1 form per product please).
When completing the product approval request form, you must list each additional ingredient. You
cannot simply list a third party terpene blend as an additional ingredient. Rather, each ingredient
contained in the terpene blend must be identified. You must also list the amount of each additional
ingredient to be used in the product formulation, as the amount must not exceed the maximum
potency per unit dose (this information is found by using the “Linked References” number 1). In
order to expedite review, which is limited to inhaled products, you may omit the section of the form
stating, “Please indicate whether the added substance is permitted by the United States Food and
Drug Administration for use in food or is generally recognized as safe under federal guidelines. 35
P.S. §§ 10231.102(3)(i) and 10231.702(a)(5) (See “Linked References” #2 and 4).” When submitting
the product approval request forms, please place in the subject line of the email, “VAPORIZED
MEDICAL MARIJUANA PRODUCT REVIEW” so that these requests receive urgent attention by the
Compliance team.

All vaporized product submissions must be received no later than November 30, 2021. This request
is made pursuant to 28 Pa. Code 1141.45.

If the Department becomes aware of a vaporized product being sold after November 30, 2021, and
the permittee has not submitted the product for review pursuant to this email, disciplinary action
may be taken under 28 Pa Code 1141.47, including possible permit suspension or revocation.
Regardless of the Department’s review, you have a responsibility to ensure patient safety. If you are
producing any vaporized medical marijuana products that contain additional ingredients that are not
approved by the FDA for inhalation, you MUST recall these products pursuant to 28 Pa. Code
1151.42(c).

Failure to comply with any part of this communication may result in the Department suspending the
sale of your entire line of vaporized products.

Sunny

Sunny D Podolak, MS
Assistant Director and Chief Compliance Officer PA Department of Health | Office of Medical
Marijuana Room 628, Health and Welfare Building
625 Forster Street | Harrisburg, PA 17120 - 0701
Phone: 717.547.3047 | Fax: 717.265.8280

EXHIBIT 3
From: PA Medical Marijuana Program <[email protected]>
Date: December 2, 2021 at 1:31:27 AM EST
To:
Subject: An Important Message to Medical Marijuana Patients
Reply-To: PA Medical Marijuana Program <[email protected]>

An important message to medical marijuana patients:

On November 16, 2021, the Department of Health instituted a state-wide

review of vaporized products containing added ingredients such as
externally sourced flavorings or terpenes. Grower/processors have
submitted information regarding these products to the Department for
review, to include whether these added ingredients are safe for inhalation.
The Department will review this information as expeditiously as possible.
Should the Department’s review reveal products containing added
ingredients that are not safe for inhalation, those products will be removed
from the market. In the interim, you should be aware that products with
added ingredients may not be safe for inhalation and you should make
your own decision about whether to use these products. If you have any
questions or concerns about products, you should consult with your
medical professional.

Thank you,
Office of Medical Marijuana
EXHIBIT 4
administration actions in the medical marijuana program that directly affect them. I hope you
continue to keep patients in the loop. That said, the patients have two main concerns related to this
action that I’d like you to address.

First and foremost, what prompted this review? Hasn’t this type of product review been ongoing
since the program’s inception? Were there adverse effects associated with Pa vaporization products
or their ingredients that prompted this? You recommend that patients make their own decisions
about whether to use these products, however they currently don’t feel as though they have enough
information to properly do so.

Second, there are concerns that this review will result in product supply disruptions and shortages.
This could directly impact patients who rely on certain vaporization products in their treatment
protocol. Are measures being taken to address this?

Thank you for you attention to this important matter.

Sincerely,

Luke Shultz
EXHIBIT 5
From: Podolak, Sunny <[email protected]>
Sent: Monday, December 13, 2021 5:42:57 PM
To: Podolak, Sunny <[email protected]>
Subject: [EXTERNAL]:Follow-up on review of vaporized medical marijuana products containing additional
ingredients

CAUTION: External Sender

Hello,

Patient safety is of utmost importance to the Medical Marijuana Office and those they serve.

As you are aware, the Pennsylvania Department of Health’s Medical Marijuana Office instituted a statewide
review of vaporized medical marijuana products on November 16, 2021, to ensure that permittees are not
using additives that are not safe for inhalation. The Medical Marijuana Office has received initial feedback
from all of the grower/processors actively shipping product.

In addition to what you may have already provided, and in order to continue our review, please provide any
information you have regarding the determined safety of the externally sourced additives for inhalation,
including artificial terpenes or flavorings, used in your vaporized products.

If you are using additives, including artificial terpenes or flavorings, in other states, please provide the
product name and the state in which it is approved.

Please provide this information no later than close of business on Wednesday, December 15, 2021.

Thank you,
Sunny

Sunny D Podolak, MS
Assistant Director and Chief Compliance Officer
PA Department of Health | Office of Medical Marijuana
Room 628, Health and Welfare Building
625 Forster Street | Harrisburg, PA 17120 - 0701
Phone: 717.547.3047 | Fax: 717.265.8280
www.medicalmarijuana.pa.gov
EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
Pennsylvania Senate Journal, 2016 Reg. Sess. No. 6, Pennsylvania Senate Journal,...

PA S. Jour., 2016 Reg. Sess. No. 6

Image 1 within document in PDF format.

Senate Journal, Session of 2016, No. 6

Monday, February 8, 2016

Pennsylvania Senate
200th General Assembly, 2016 Regular Session

SENATE

MONDAY, February 8, 2016

The Senate met at 1 p.m., Eastern Standard Time.

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

PRAYER

The Chaplain, Captain MATTHEW GUNCHEON, U.S. Army, Erie, offered the following prayer:

As I pray in my tradition, please feel free to honor the practices of your own spiritual discipline or faith tradition.

Almighty God, today we ask You to bless this Chamber and those who enter and dwell within it. May it stand and serve this
Commonwealth as its Founders intended, as a refuge from persecution, a beacon of hope, and an exemplar of law and justice.
May it continue to be the home of those who author freedom and the birthplace of liberty.

Today, Lord, we honor the lives of four of Your servants who perished 73 years ago in the cold waters of the North Atlantic.
Father John Washington, Rabbi Alex Goode, Reverend Clark Poling, and Reverend George Fox, a native Pennsylvanian, saw
no higher calling than that of serving their God and their country. Each one true to their faith and charge gave the last full
measure of devotion that their comrades might have a chance of life in their stead. May we be filled with courage, strength,
and devotion to rise to life's great challenges, that our actions may inspire others in times of hardship, fear, and struggle as the
four chaplains did. We pray for all of those who defend freedom at home and abroad, and all of those men and women who
are even now in harm's way.

Almighty God, You have given us this good land as our heritage. May we prove ourselves as people mindful of Your generosity
and glad to do Your will. Bless our land with honest industry, truthful education, and an honorable way of life. Save us from
violence, discord, and confusion, from pride and arrogance, and from every evil course of action. Make us, who came from many
cultures with many different languages, a united people. Defend our liberties and give those whom we have entrusted with the
authority of government wisdom that there may be justice and peace in our Commonwealth. When times are prosperous, let our
hearts be thankful, and in troubled times, do not let our trust in You fail. Be with us today and evermore, Almighty God. Amen.

The PRESIDENT pro tempore. The Chair thanks Captain Guncheon, who is the guest today of Senator Wiley.

PLEDGE OF ALLEGIANCE

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

COMMUNICATIONS FROM THE GOVERNOR

© 2022 Thomson Reuters. No claim to original U.S. Government Works. 1

Pennsylvania Senate Journal, 2016 Reg. Sess. No. 6, Pennsylvania Senate Journal,...

NOMINATIONS REFERRED TO COMMITTEE

The PRESIDENT pro tempore laid before the Senate the following communications in writing from His Excellency,
the Governor of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive
Nominations:

JUDGE, COURT OF COMMON PLEAS

[data missing]

January 29, 2016

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, Mary K. Topper, Esq.,
223 Pine Street, Apt. 3A, Harrisburg 17101, Dauphin County, Fifteenth Senatorial District, for appointment as Judge, Court of
Common Pleas, Allegheny County, to serve until the first Monday of January 2018, vice The Honorable Kathleen Mulligan,
resigned.
TOM WOLF
Governor

MAGISTERIAL DISTRICT JUDGE

January 29, 2016

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, Thomas J. Yablonski,
Jr., 901 Capital Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as Magisterial District
Judge, in and for the County of Centre, Magisterial District 49-2-01, to serve until the first Monday of January 2018, vice The
Honorable Leslie A. Dutchcot, resigned.
TOM WOLF
Governor

MEMBER OF THE APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION

February 2, 2016

To the Honorable, the Senate

of the Commonwealth of Pennsylvania:

To the Honorable, the Senate

of the Commonwealth of Pennsylvania:

© 2022 Thomson Reuters. No claim to original U.S. Government Works. 5

Pennsylvania Senate Journal, 2016 Reg. Sess. No. 6, Pennsylvania Senate Journal,...

In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Leah J. Sheppard, 214
Cumberland Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the State
Board of Examiners of Nursing Home Administrators, to serve for a term of four years and until her successor is appointed and
qualified, but not longer than six months beyond that period, vice Richard Bruno, Brockway, whose term expired.
TOM WOLF
Governor

MEMBER OF THE STATE BOARD OF PHARMACY

February 2, 2016

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, Thomas J. Yablonski,
Jr. (Public Member), 901 Capital Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as
a member of the State Board of Pharmacy, to serve until June 11, 2018, and until his successor is appointed and qualified, but
not longer than six months beyond that period, vice Craig DeFranco, Roseto, resigned.
TOM WOLF
Governor

MEMBER OF THE STATE BOARD OF PODIATRY

February 2, 2016

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, Thomas J. Yablonski,
Jr. (Public Member), 901 Capital Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a
member of the State Board of Podiatry, to serve for a term of four years and until his successor is appointed and qualified, but
not longer than six months beyond that period, vice Barbara Wiggin, Mechanicsburg, whose term expired.
TOM WOLF
Governor

MEMBER OF THE STATE REGISTRATION BOARD FOR

PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS

February 2, 2016

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, Leah J. Sheppard
(Public Member), 214 Cumberland Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment
as a member of the State Registration Board for Professional Engineers, Land Surveyors and Geologists, to serve for [data
missing] six years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice
Joseph Mackey, Mount Bethel, resigned.
TOM WOLF
Governor

© 2022 Thomson Reuters. No claim to original U.S. Government Works. 6

Pennsylvania Senate Journal, 2016 Reg. Sess. No. 6, Pennsylvania Senate Journal,...

MEMBER OF THE BOARD OF TRUSTEES OF THE WESTERN YOUTH DEVELOPMENT CENTERS

February 2, 2016

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, Thomas J. Yablonski,
Jr., 901 Capital Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the
Board of Trustees of the Western Youth Development Centers, to serve until the third Tuesday of January 2021, and until his
successor is appointed and qualified, vice Loretta Hogans, New Castle, resigned.
TOM WOLF
Governor

MEMBER OF THE BOARD OF TRUSTEES OF WHITE HAVEN CENTER

February 2, 2016

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, Thomas J. Yablonski,
Jr., 901 Capital Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the
Board of Trustees of White Haven Center, to serve until January 21, 2017, and until his successor is appointed and qualified,
vice Louise Powell-McLafferty, Clarks Summit, resigned.
TOM WOLF
Governor

MEMBER OF THE STATE BOARD OF ACCOUNTANCY

February 4, 2016

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, Leah J. Sheppard
(Public Member), 214 Cumberland Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment
as a member of the State Board of Accountancy, to serve until June 23, 2018, and [data missing] her successor is appointed and
qualified, but not longer than six months beyond that period, vice Tina Miller, Pittsburgh, resigned.
TOM WOLF
Governor

MEMBER OF THE ARCHITECTS LICENSURE BOARD

February 4, 2016

To the Honorable, the Senate

of the Commonwealth of Pennsylvania:

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, Thomas J. Yablonski,
Jr., 901 Capital Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the
State Conservation Commission, to serve until May 30, 2018, and until his successor is appointed and qualified, but not longer
than six months beyond that period, vice Edward Kuckuck, Indiana, whose term expired.
TOM WOLF
Governor

MEMBER OF THE STATE BOARD OF CRANE OPERATORS

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MEMBER OF THE PENNSYLVANIA FISH AND BOAT COMMISSION

February 4, 2016

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, Thomas J. Yablonski,
Jr. (Public Member), 901 Capital Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as
a member of the State Registration Board for Professional Engineers, Land Surveyors and Geologists, to serve for a term of
six years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Earnest
Long, Gettysburg, resigned.
TOM WOLF
Governor

MEMBER OF THE BOARD OF TRUSTEES OF SOUTH MOUNTAIN RESTORATION CENTER

February 4, 2016

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, Brenda L. Rios, 1224
N. 3rd Street, Unit 502, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the
Board of Trustees of South Mountain Restoration Center, to serve until January 21, 2019, and until her successor is appointed
and qualified, vice William Shank, Chambersburg, resigned.
TOM WOLF
Governor

MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS

February 4, 2016

To the Honorable, the Senate

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of the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Thomas J. Yablonski, Jr.,
901 Capital Street, Harrisburg, 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the State
Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed
and qualified, but not longer than six months beyond that period, vice Frank Snyder, Reynoldsville, whose term expired.
TOM WOLF
Governor

MEMBER OF THE BOARD OF TRUSTEES OF THE WESTERN YOUTH DEVELOPMENT CENTER [sic]

February 4, 2016

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, Leah J. Sheppard,
214 Cumberland Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the
[data missing] Western Youth Development Centers, to serve until the third Tuesday of January 2021, and until her successor
is appointed and qualified, vice Joseph Fragle, Sharon, resigned.
TOM WOLF
Governor

CORRECTIONS TO NOMINATIONS REFERRED TO COMMITTEE

MEMBER OF THE STATE BOARD OF ACCOUNTANCY

January 29, 2016

To the Honorable, the Senate

of the Commonwealth of Pennsylvania:

Please note that the letter dated November 18, 2015, for the nomination of Keri Ellis, 109 Carriage Lane, Pittsburgh 15241,
Allegheny County, Thirty-seventh Senatorial District, for reappointment as a member of the State Board of Accountancy, to
serve for a term of four years, and until her successor is appointed and qualified, but not longer than six months beyond that
period, should be corrected to read:

Keri Ellis, 190 Carriage Lane, Pittsburgh 15241, Allegheny County, Thirty-seventh Senatorial District, for reappointment as a
member of the State Board of Accountancy, to serve for a term of four years, and until her successor is appointed and qualified,
but not longer than six months beyond that period, resigned [sic].
TOM WOLF
Governor

MEMBER OF THE STATE BOARD OF OPTOMETRY

January 29, 2016

Renee J. Cardone, 40 College Avenue. Trappe 19426, Montgomery County, Twenty-fourth Senatorial District, for
reappointment as a member of the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors,
to serve for a term of four years, and until her successor is appointed and qualified, but not longer than six months beyond
that period.
TOM WOLF

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Governor

JUDGE, COURT OF COMMON PLEAS

[data missing]

February 4, 2016

To the Honorable, the Senate

of the Commonwealth of Pennsylvania:

Please note that the letter dated January 29, 2016, for the nomination of Mary K. Topper, Esq., 223 Pine Street, Apt. 3A,
Harrisburg 17101, Dauphin County, Fifteenth Senatorial District, for appointment as Judge, Court of Common Pleas, Allegheny
County, to serve until the first Monday of January 2018, vice The Honorable Kathleen Mulligan, resigned, should be corrected
to read:

JUDGE, COURT OF COMMON PLEAS, ALLEGHENY COUNTY

Mary K. Topper, Esq., 223 Pine Street, Apt. 3A, Harrisburg 17101, Dauphin County, Fifteenth Senatorial District, for
appointment as Judge, Court of Common Pleas, Allegheny County, to serve until the first Monday of January 2018, vice The
Honorable Kathleen Mulligan, resigned.
TOM WOLF
Governor

CORRECTION TO CORRECTION TO NOMINATION REFERRED TO COMMITTEE

The PRESIDENT pro tempore laid before the Senate the following communication in writing from His Excellency, the
Governor of the Commonwealth, which was read as follows and referred to the Committee on Rules and Executive Nominations:

MEMBER OF THE STATE BOARD OF ACCOUNTANCY

February 4, 2016

To the Honorable, the Senate

of the Commonwealth of Pennsylvania:

Please note that the letter dated November 18, 2015, then corrected on January 29, 2016, for the nomination of Keri Ellis, 190
Carriage Lane, Pittsburgh 15241, Allegheny County, Thirty-seventh Senatorial District, for reappointment as a member of the
State Board of Accountancy, to serve for a term of four years, and until her successor is appointed and qualified, but not longer
than six months beyond that period, resigned [sic], should be corrected to read:

Keri Ellis, 190 Carriage Lane, Pittsburgh 15241, Allegheny County, Thirty-seventh Senatorial District, for reappointment as a
member of the State Board of Accountancy, to serve for a term of four years and until her successor is appointed and qualified,
but not longer than six months beyond that period.
TOM WOLF
Governor

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

SENATE CONCURRENT RESOLUTION

JOINT SESSION

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Senator CORMAN, by unanimous consent, offered the following resolution, which was read, considered, and adopted by
voice vote:
In the Senate, January 27, 2016

RESOLVED, (the House of Representatives concurring), That the Senate and House of Representatives meet in Joint Session
on Tuesday, February 9, 2016, at 11:30 a.m., in the Hall of the House of Representatives for the purpose of hearing an address
by His Excellency, Governor Tom Wolf; and be it further

RESOLVED, That a committee of three, on the part of the Senate, be appointed to act with a similar committee on the part
of the House of Representatives, to escort His Excellency, the Governor of the Commonwealth of Pennsylvania, to the Hall
of the House of Representatives.

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

HOUSE MESSAGES

HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE AMENDMENTS TO SENATE BILL

The Clerk of the House of Representatives informed the Sen- -ate that the House has concurred in amendments made by the
Senate to the House amendments to SB 166.

HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE BILL

The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the
Senate to HB 158.

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:

January 28, 2016

HB 824 -- Committee on State Government.

HB 1330 and 1331 -- Committee on Finance.

February 3, 2016

HB 1062 -- Committee on Public Health and Welfare.

HB 1087, 1413 and 1418 -- Committee on Transportation.

HB 1661 -- Committee on Local 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:

January 28, 2016

Senators BLAKE, BREWSTER, TARTAGLIONE, SABATINA, FONTANA, YUDICHAK, COSTA, BOSCOLA,

HAYWOOD, BROWNE, HUGHES, ARGALL and SCAVELLO presented to the Chair SB 1069, entitled:

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An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, authorizing assessments for
energy improvements in districts designated by municipalities; and imposing a fee.

Which was committed to the Committee on COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,
January 28, 2016.

Senators DINNIMAN, COSTA, BREWSTER, VULAKOVICH and HAYWOOD presented to the Chair SB 1102, entitled:

An Act providing immunity for providers of free or low-cost health care.

Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, January 28, 2016.

Senators BAKER, VULAKOVICH, GREENLEAF, RAF-FERTY, BARTOLOTTA, BLAKE, TEPLITZ, TOMLINSON,

SCHWANK, FONTANA, COSTA, SCARNATI, TARTAGLIONE, BREWSTER, ALLOWAY, WOZNIAK, VOGEL, LEACH,
WHITE and BROWNE presented to the Chair SB 1109, entitled:

A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, in taxation and finance,
further providing for exemptions and special provisions.

Which was committed to the Committee on FINANCE, January 28, 2016.

Senators ARGALL, YUDICHAK, VULAKOVICH, COSTA, RAFFERTY, SCHWANK and BAKER presented to the Chair
SB 1112, entitled:

An Act amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in preliminary provisions, further
providing for definitions; and, in general administration relating to correctional institutions, providing for salary of corrections
managers.

Which was committed to the Committee on JUDICIARY, January 28, 2016.

Senators VOGEL, AUMENT, YAW, ARGALL, SMUCKER, MENSCH, EICHELBERGER, SCARNATI, BROOKS,
BAKER, CORMAN, GORDNER, McILHINNEY, FOLMER, GREENLEAF, HUTCHINSON, BARTOLOTTA, WARD,
RAFFERTY, WHITE, RESCHENTHALER and TOMLINSON presented to the Chair SB 1120, entitled:

An Act to provide additional appropriations from the General Fund for the expenses of the Executive Department for the fiscal
year July 1, 2015, to June 30, 2016, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year
ending June 30, 2015.

Which was committed to the Committee on APPROPRIATIONS, January 28, 2016.

Senators BAKER, YAW, ARGALL, EICHELBERGER, VULAKOVICH, BROOKS, SCARNATI, STEFANO,

HUTCHINSON, BARTOLOTTA, AUMENT, RAFFERTY, VANCE, WARD and RESCHENTHALER presented to the Chair
SB 1121, entitled:

An Act making a supplemental appropriation from the General Fund to the Department of Human Services for the purpose of
medical assistance payments to critical access hospitals for the fiscal year beginning July 1, 2015.

Which was committed to the Committee on APPROPRIATIONS, January 28, 2016.

Senators SCAVELLO and BOSCOLA presented to the Chair SB 1122, entitled:

An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in community colleges,
further providing for election or appointment and term and organization of board of trustees.

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Which was committed to the Committee on EDUCATION, January 28, 2016.

February 3, 2016

Senators BREWSTER, TEPLITZ, EICHELBERGER, FONTANA, YUDICHAK, SCHWANK, VOGEL, WARD, AUMENT
and HAYWOOD presented to the Chair SB 1116, entitled:

An Act amending the act of September 30, 1983 (P.L.160, No.39), known as the Public Official Compensation Law, further
providing for members of the General Assembly.

Which was committed to the Committee on STATE GOVERNMENT, February 3, 2016.

Senators BREWSTER, TEPLITZ, EICHELBERGER, FONTANA, YUDICHAK, SCHWANK, VOGEL, WARD, FOLMER,
BLAKE and AUMENT presented to the Chair SB 1117, entitled:

An Act prohibiting certain per diem payments to members of the General Assembly.

Which was committed to the Committee on STATE GOVERNMENT, February 3, 2016.

Senators BREWSTER, TEPLITZ, EICHELBERGER, SCHWANK, VOGEL, WARD, FOLMER and AUMENT presented to
the Chair SB 1118, entitled:

An Act prohibiting the lease or conveyance of motor vehicles by the General Assembly.

Which was committed to the Committee on STATE GOVERNMENT, February 3, 2016.

Senators BREWSTER, TEPLITZ, EICHELBERGER, SCHWANK, VOGEL, WARD, FOLMER and AUMENT presented to
the Chair SB 1119, entitled:

An Act prohibiting certain gifts to members of the General Assembly.

Which was committed to the Committee on STATE GOVERNMENT, February 3, 2016.

February 5, 2016

Senators DINNIMAN, EICHELBERGER, SCHWANK, COSTA, HUTCHINSON, BARTOLOTTA and RAFFERTY

presented to the Chair SB 1125, entitled:

An Act amending the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste
Reduction Act, in recycling and waste reduction, further providing for Commonwealth recycling and waste reduction.

Which was committed to the Committee on ENVIRONMENTAL RESOURCES AND ENERGY, February 5, 2016.

February 8, 2016

Senators VOGEL, SCARNATI, HUTCHINSON, BARTOLOTTA, YAW, WHITE, MENSCH and WARD presented to the
Chair SB 1123, entitled:

An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in weights and measures, further providing
for standards for automotive fuel.

Which was committed to the Committee on AGRICULTURE AND RURAL AFFAIRS, February 8, 2016.

Senator DINNIMAN presented to the Chair SB 1124, entitled:

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An Act amending the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, in Commonwealth
budget procedures, providing for General Assembly general appropriation procedure and further providing for revenue
estimates.

Which was committed to the Committee on APPROPRIATIONS, February 8, 2016.

Senators STEFANO, SABATINA, BREWSTER, VOGEL, TARTAGLIONE, TEPLITZ, COSTA, RAFFERTY, DINNIMAN,
WHITE, KITCHEN, MENSCH, YUDICHAK, BAKER, VULAKOVICH, WARD, HUGHES and SCARNATI presented to
the Chair SB 1126, entitled:

An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in licenses and regulations for liquor,
alcohol and malt and brewed beverages, further providing for special occasion permits.

Which was committed to the Committee on LAW AND JUSTICE, February 8, 2016.

Senators STEFANO, SABATINA, BREWSTER, EICHELBERGER, VOGEL, TARTAGLIONE, TEPLITZ, HUTCHINSON,

COSTA, RAFFERTY, DINNIMAN, WHITE, KITCHEN, MENSCH, YUDICHAK, BAKER, VULAKOVICH, WARD,
AUMENT, HUGHES and SCARNATI presented to the Chair SB 1127, entitled:

An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in sales and use tax, further
providing for exclusions.

Which was committed to the Committee on FINANCE, February 8, 2016.

Senators WILLIAMS and YUDICHAK presented to the Chair SB 1128, entitled:

A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, in taxation and finance,
further providing for exemptions and special provisions.

Which was committed to the Committee on FINANCE, February 8, 2016.

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:

January 28, 2016

Senators ARGALL, FOLMER, YUDICHAK, VULAKOVICH, RAFFERTY, MENSCH, HAYWOOD and WAGNER
presented to the Chair SR 263, entitled:

A Resolution directing the Legislative Budget and Finance Committee to conduct a study regarding overtime costs incurred
by the Department of Corrections relating to staffing shortages.

Which was committed to the Committee on JUDICIARY, January 28, 2016.

Senators SCHWANK, SABATINA, TEPLITZ, VULAKOVICH, GREENLEAF, FARNESE, COSTA, FONTANA,

BREWSTER, RESCHENTHALER, STEFANO, DINNIMAN, BARTOLOTTA, RAFFERTY, YUDICHAK, BAKER, YAW,
LEACH, BROOKS, WHITE, EICHELBERGER, McGARRIGLE, WILEY, AUMENT, GORDNER, MENSCH, HAYWOOD,
WAGNER, HUGHES and WARD presented to the Chair SR 267, entitled:

A Resolution directing the Joint State Government Commission to establish an advisory committee to study issues relating to
the need for, availability of and access to effective drug addiction treatment in this Commonwealth.

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Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, January 28, 2016.

Senators RESCHENTHALER, TOMLINSON, ARGALL, COSTA, MENSCH, McILHINNEY, GREENLEAF, RAFFERTY,

BARTOLOTTA, SCAVELLO, SABATINA, ALLOWAY, HAYWOOD, AUMENT and WARD presented to the Chair SR 275,
entitled:

A Resolution urging the Congress of the United States to pass H.R. 2646, the Helping Families in Mental Health Crisis Act
of 2015.

Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, January 28, 2016.

February 5, 2016

Senators STEFANO, EICHELBERGER, ARGALL, BARTOLOTTA, GORDNER, WHITE, VOGEL, HUTCHINSON,

FOLMER, VULAKOVICH, WARD, YAW, SCARNATI and WOZNIAK presented to the Chair SR 277, entitled:

A Resolution urging the Department of Environmental Protection to request a two-year extension for submitting a plan to
comply with the Federal Clean Power Plan, and directing the Legislative Budget and Finance Committee to conduct a cost
compliance study prior to submission of the final implementation plan to the Environmental Protection Agency.

Which was committed to the Committee on ENVIRONMENTAL RESOURCES AND ENERGY, February 5, 2016.

February 8, 2016

Senators EICHELBERGER, WARD and WAGNER presented to the Chair SR 276, entitled:

A Concurrent Resolution petitioning the Congress of the United States to call a convention of states limited to proposing a
regulation freedom amendment to the Constitution of the United States.

Which was committed to the Committee on STATE GOVERNMENT, February 8, 2016.

GENERAL COMMUNICATION

INDEPENDENT FISCAL OFFICE'S ASSESSMENT OF THE STATE'S FISCAL CONDITION AND PROJECTION

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

COMMONWEALTH OF PENNSYLVANIA

Independent Fiscal Office

Second Floor, Rachel Carson State Office Building

400 Market Street

Harrisburg, PA 17105

February 2, 2016

The Honorable Joseph B. Scarnati, III

President Pro Tempore

Senate of Pennsylvania

Pennsylvania Senate Journal, 2016 Reg. Sess. No. 6, Pennsylvania Senate Journal,...

292 Main Capitol Building

Harrisburg, PA 17120

The Honorable Mike Turzai

Speaker

Pennsylvania House of Representatives

139 Main Capitol Building

Harrisburg, PA 17120

Dear Sirs:

Enclosed please find a copy of the Independent Fiscal Office's assessment of the state's current fiscal condition and a projection
of the fiscal condition during the next five years. The enclosed report, entitled Economic & Budget Outlook: Commonwealth
of Pennsylvania Fiscal Years 2015-16 to 2020-21, was produced in accordance with 71 Pa.C.S. §4104.
Sincerely,
MATTHEW J. KNITTEL
Director

The PRESIDENT. This report will be filed in the Library.

LEGISLATIVE LEAVE

The PRESIDENT. The Chair recognizes the gentleman from Centre, Senator Corman.

Senator CORMAN. Mr. President, I request a legislative leave for Senator Smucker.

The PRESIDENT. Senator Corman requests a legislative leave for Senator Smucker. Without objection, the leave will be
granted.

LEAVES OF ABSENCE

Senator CORMAN asked and obtained leaves of absence for Senator McILHINNEY and Senator WHITE, for today's Session,
for personal reasons.

SENATE CONCURRENT RESOLUTION

WEEKLY RECESS

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

In the Senate, February 8, 2016

RESOLVED, (the House of Representatives concurring), Pursuant to Article II, Section 14 of the Pennsylvania Constitution,
that when the Senate recesses this week, it reconvene on Monday, March 14, 2016, unless sooner recalled by the President Pro
Tempore of the Senate; and be it further

RESOLVED, Pursuant to Article II, Section 14 of the Pennsylvania Constitution, that when the House of Representatives
recesses this week, it reconvene on Monday, March 14, 2014, unless sooner recalled by the Speaker of the House of
Representatives.

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On the question,

Will the Senate adopt the resolution?

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

YEA-47

Alloway Dinniman McGarrigle Tomlinson

Argall Eichelberger Mensch Vance

Aument Farnese Rafferty Vogel

Baker Folmer Reschenthaler Vulakovich

Bartolotta Fontana Sabatina Wagner

Blake Gordner Scarnati Ward

Boscola Greenleaf Scavello Wiley

Brewster Haywood Schwank Williams

Brooks Hughes Smucker Wozniak

Browne Hutchinson Stefano Yaw

Corman Kitchen Tartaglione Yudichak

Costa Leach Teplitz

NAY-0

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

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

LEGISLATIVE LEAVE CANCELLED

The PRESIDENT. Senator Smucker has returned, and his legislative leave is cancelled.

GUESTS OF SENATOR JUDY SCHWANK PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentlewoman from Berks, Senator Schwank.

Senator SCHWANK. Mr. President, I am back again within one week with another championship team from Berks County,
another group of young women who have made us very proud. Today I am honored to have the privilege of introducing the Berks
Catholic Volleyball Team. Not only did the Saints win the PIAA Class AA Championship with an impressive 23-0 record, they
also won the first State title in their school's history and have the honor of being the greatest Berks Catholic volleyball team of all
time. The remarkable success they have achieved is a tribute to the hard work, dedication, and perseverance of each and every
team member. Under the direction of their coach, Rick Fidler, this team competed with poise and confidence which allowed
them to set a standard of excellence that future volleyball teams across the Commonwealth will be hard-pressed to equal.

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By the way, Mr. President, I mention that one of the schools that these students bested in this tournament was Fort LeBoeuf,
which, I believe, is one of the schools in Senator Wiley's district, as well as Senator Brooks' district. Please join me in welcoming
the Saints, their managers, and coaches to the Capitol today.

The PRESIDENT. Would the guests of Senator Schwank, the Saints volleyball champions, please rise so that we may welcome
you to the State Senate. Take that, Senator Wiley.

(Applause.)

Senator SCHWANK. Mr. President, I also have the pleasure of introducing Michael McLaughlin. Michael is an aspiring public
servant from Berks County. He is a graduate of Twin Valley High School and from Penn State University in 2013 with a B.S. in
biology. While at Penn State, he had the opportunity to be elected as public relations chair for the Penn State Berks Chemical
Society. After graduating, Michael went on to work at a biotech company as a research intern studying treatments for multiple
forms of cancer.

Michael came to the realization that his passions were focused more toward public service and making a difference in the
future of our county. He went on to work for his current employer, VWR Catalyst, while also applying to graduate school for his
masters in public administration. He recently began his program through the Penn State World Campus and hopes to complete
his internship requirement here in Harrisburg through the Legislative Fellowship Program.

Michael has felt the Bern. He is a volunteer on the Sanders presidential campaign and is currently seeking to play a more active
role within the county politically. His goal is to one day enter State politics here in Harrisburg as a public servant for the people
of Pennsylvania. Please join me in welcoming a very nice young man, Mr. President, Michael McLaughlin, to the Senate.

PREFERRED APPROPRIATION BILL OVER IN ORDER

SB 1106 -- Without objection, the bill was passed over in its order at the request of Senator CORMAN.

BILLS OVER IN ORDER

HB 57, SB 489 and HB 561 -- Without objection, the bills were passed over in their order at the request of Senator CORMAN.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 568 (Pr. No. 541) -- The Senate proceeded to consideration of the bill, entitled:

An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in orphans' court
divisions, further providing for appointment and purpose and for compensation; and, in incapacitated persons, providing
for venue and for confidentiality and disclosure of information, further providing for petition and hearing and independent
evaluation, repealing provisions relating to county of appointment and qualifications, further providing for review hearing,
providing for affidavit in uncontested termination matters and for counsel, further providing for emergency guardian, repealing
provisions relating to provisions similar to other estates, providing for removal and discharge of guardian, for appointment
of guardian in conveyance and for bond, further providing for evidence of incapacity, for cross-examination of witnesses and
for provisions concerning powers, duties and liabilities, providing for protection of person dealing with guardian, and further
providing for when accounting filed, for distributions of income and principal during incapacity and for guardianship services.

Considered the third time and agreed to,

On the question,

Shall the bill pass finally?

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

YEA-47

Alloway Dinniman McGarrigle Tomlinson

Argall Eichelberger Mensch Vance

Aument Farnese Rafferty Vogel

Baker Folmer Reschenthaler Vulakovich

Bartolotta Fontana Sabatina Wagner

Blake Gordner Scarnati Ward

Boscola Greenleaf Scavello Wiley

Brewster Haywood Schwank Williams

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Brooks Hughes Smucker Wozniak

Browne Hutchinson Stefano Yaw

Corman Kitchen Tartaglione Yudichak

Costa Leach Teplitz

NAY-0

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

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

BILL OVER IN ORDER TEMPORARILY

SB 606 -- Without objection, the bill was passed over in its order temporarily at the request of Senator CORMAN.

BILLS OVER IN ORDER

SB 691, HB 837, SB 1013, SB 1056, SB 1104 and HB 1296 -- Without objection, the bills were passed over in their order
at the request of Senator CORMAN.

SECOND CONSIDERATION CALENDAR

BILLS OVER IN ORDER

SB 50, HB 400 and SB 488 -- Without objection, the bills were passed over in their order at the request of Senator CORMAN.

BILL LAID ON THE TABLE

SB 805 (Pr. No. 922) -- The Senate proceeded to consideration of the bill, entitled:

An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in restructuring of electric utility
industry, further providing for energy efficiency and conservation program.

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

SB 805 TAKEN FROM THE TABLE

Senator CORMAN. Mr. President, I move that Senate Bill No. 805, Printer's No. 922, be taken from the table and placed on
the Calendar.

The motion was agreed to by voice vote.

The PRESIDENT. The bill will be placed on the Calendar.

BILL ON SECOND CONSIDERATION

SB 889 (Pr. No. 1519) -- The Senate proceeded to consideration of the bill, entitled:

An Act amending the act of June 28, 1935 (P.L.477, No.193), referred to as the Enforcement Officer Disability Benefits
Law, extending benefits to certain employees of the Pennsylvania Game Commission and the Pennsylvania Fish and Boat
Commission; and making editorial changes.

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Considered the second time and agreed to,

Ordered, To be printed on the Calendar for third consideration.

BILLS OVER IN ORDER AND LAID ON THE TABLE

HB 950 (Pr. No. 2625) -- The Senate proceeded to consideration of the bill, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions relating to operation of
vehicles, further providing for traffic-control signals and for expiration of automated red light enforcement systems provisions.

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

Pursuant to Senate Rule 9, the bill was laid on the table.

SB 976 (Pr. No. 1372) -- The Senate proceeded to consideration of the bill, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in wiretapping and
electronic surveillance, further providing for definitions and for exceptions to prohibition of interception and disclosure of
communications.

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

Pursuant to Senate Rule 9, the bill was laid on the table.

BILL ON SECOND CONSIDERATION

HB 1199 (Pr. No. 1574) -- The Senate proceeded to consideration of the bill, entitled:

An Act repealing the act of May 27, 1965 (P.L.63, No.50), entitled “An act authorizing the Department of Highways, with the
approval of the Governor, to erect and maintain a bridge over the Monongahela River in Washington and Allegheny Counties,
and to provide the necessary approaches and connections with State highways; empowering counties to pay certain damages,
and making an appropriation.”

Considered the second time and agreed to,

Ordered, To be printed on the Calendar for third consideration.

BILLS OVER IN ORDER

HB 1229, HB 1484 and HB 1660 -- Without objection, the bills were passed over in their order at the request of Senator
CORMAN.

THIRD CONSIDERATION CALENDAR RESUMED

SB 606 CALLED UP

SB 606 (Pr. No. 598) -- Without objection, the bill, which previously went over in its order temporarily, was called up, from
page 2 of the Third Consideration Calendar, by Senator CORMAN.

BILL AMENDED

SB 606 (Pr. No. 598) -- The Senate proceeded to consideration of the bill, entitled:

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An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in particular rights
and immunities, providing for limited liability for pilots and apprentices.

On the question,

Will the Senate agree to the bill on third consideration?

Senator McGARRIGLE offered the following amendment No. A5867:

Amend Bill, page 1, lines 1 through 4, by striking out all of said lines and inserting:

Amending the act of March 29, 1803 (P.L.542, No.156), entitled “An act to establish a Board of Wardens for the port of
Philadelphia, and for the regulation of pilots and pilotages, and for other purposes therein mentioned,” providing for licensed
pilot and apprentice liability.

Amend Bill, page 1, lines 7 through 19; page 2, lines 1 through 30; page 3, lines 1 through 22; by striking out all of said lines
on said pages and inserting:

Section 1. The act of March 29, 1803 (P.L.542, No.156), entitled “An act to establish a Board of Wardens for the port of
Philadelphia, and for the regulation of pilots and pilotages, and for other purposes therein mentioned,” is amended by adding
a section to read:

Section 31.2. (a) The purpose of this section is to stimulate and preserve maritime commerce on the pilotage grounds of this
Commonwealth by limiting and regulating the liability of certain pilots, which commerce is essential to the economic viability
of this Commonwealth's maritime commerce and serves the public interests.

(b) A licensed pilot or apprentice providing pilot services shall not be liable for more than five thousand dollars for damage
or loss caused by the licensed pilot's or apprentice's error, omission fault or neglect in the performance of the pilot services,
except for the following

(1) damage or loss that arises because of the willful misconduct or reckless disregard for safety by the licensed pilot or
apprentice: or

(2) an act or omission relating to the ownership and operation of a pilot boat unless the pilot boat is directly involved in pilot
services other than the transportation of licensed pilots.

(c) This section does not exempt a vessel or its owner or operator from liability for damage or loss caused by the vessel to
a person or property on the grounds that:

(1) the vessel was piloted by a licensed pilot or apprentice: or

(2) the damage or loss was caused by the error, omission, fault or neglect of a licensed pilot or apprentice.

(d) In a proceedin brought against a licensed pilot or apprentice for an act or omission for which liability is limited as provided
by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss
the proceedings as to the licensed pilot or apprentice to the extent the pleadings allege liability of the pilot that exceeds five
thousand dollars.

(e) Liability under this section shall also be limited as follows:

(1) A Pilot or apprentice shall not be liable directly or as a member of an organization of pilots for any claim that:

(i) arises from an act or omission of another pilot, apprentice or organization of pilots: and

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(ii) relates directly or indirectly to pilot services.

(2) An organization of pilots shall not be liable for any damages caused by a licensed pilot's or apprentice's error, omission,
fault or neglect in the performance of pilotage

(f) For the sole purpose of occasions when this section is applicable as a defense to liability by a licensed pilot or apprentice,
the licensed pilot or apprentice asserting the defense shall be considered to have been acting as the servant of the vessel its
owner and its operator.

(g) This section shall apply to all causes of action that occur on or after the effective date of this section.

(h) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:

“Apprentice.” A person appointed as an apprentice pilot under 4 Pa. Code § 405.9 (relating to apprentices).

“Pilot.” A person licensed under 4 Pa. Code Ch. 405 (relating to pilots and pilotage) by the Navigation Commission for the
Delaware River and its Navigable Tributaries.

Section 2. This act shall take effect immediately.

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 CORMAN.

SENATE RESOLUTION No. 262, ADOPTED

Senator CORMAN, without objection, called up from page 5 of the Calendar, Senate Resolution No. 262, entitled:

A Resolution urging the United States Surface Transportation Board, the United States Department of Justice, the United States
Department of Transportation and the Congress of the United States to reject any plans submitted by Canadian Pacific Railway
to acquire Norfolk Southern Corporation and to consider the potential negative impact of the proposal with respect to building
a more efficient freight network in this Commonwealth.

On the question,

Will the Senate adopt the resolution?

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

Senator RAFFERTY. Mr. President, this resolution calls on the United States Congress, the United States Department of
Justice, and the United States Department of Transportation to take a good look and to do due diligence on the Canadian Pacific
Railway's attempt to take over Norfolk Southern. Norfolk Southern, many of us in Pennsylvania are very familiar with them.
This would form a huge conglomeration that would control a very important aspect of our transportation system here in the
Commonwealth. We are asking them to do their due diligence to make sure that this attempt by a large corporation to take over
Norfolk Southern is in the best interest of the people of this Commonwealth.

Thank you, Mr. President. I ask for an affirmative vote.

The PRESIDENT. The Chair recognizes the gentleman from Cambria, Senator Wozniak.

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Senator WOZNIAK. Mr. President, in keeping with the bipartisan effort of our transportation issues, I rise to support this
resolution. If you look back in the history of the United States, we have had the monopolies of our railroads. In the infancy of our
nation, we had the railroad monopolies. This would make this railroad, the Canadian Pacific, the third-largest rail corporation
in the United States. I think we need to take a serious look at it. I am concerned about the effect it has on eastern Pennsylvania,
but I have even more concern about what happens to western Pennsylvania.

So, let us not be in any hurry. There are billions of dollars at stake here and thousands of jobs. No hurry. Let us take a look
at this and be slow, patient, and deliberate. I ask for an affirmative vote on this resolution to send this off to Congress to be
cautious in their decisionmaking process. Thank you very much.

And the question recurring,

Will the Senate adopt the resolution?

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

UNFINISHED BUSINESS SENATE RESOLUTIONS ADOPTED

Senators KITCHEN, COSTA, SABATINA, GREENLEAF, SCAVELLO, DINNIMAN, TEPLITZ, BREWSTER,

EICHELBERGER, ARGALL, VULAKOVICH, AUMENT, SCHWANK, WOZNIAK, FONTANA, HAYWOOD,
BARTOLOTTA, WILLIAMS, YUDICHAK, VANCE, RAFFERTY, HUTCHINSON, FARNESE, BLAKE, BOSCOLA,
LEACH, HUGHES, WILEY and TARTAGLIONE, by unanimous consent, offered Senate Resolution No. 279, entitled:

A Resolution designating the month of February 2016 as “Black History Month” in Pennsylvania.

On the question,

Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentlewoman from Philadelphia, Senator Kitchen.

Senator KITCHEN. Mr. President, it is with great honor that I rise for the last time as State Senator to ask for unanimous
support on my resolution marking February as “Black History Month” in Pennsylvania. It has been quite an honor to present
such important history to this body. Advancements, Mr. President, in any field or any vocation or any civil society happen
because people before us made the commitment and sacrificed to improve life for all of us. We do that every day here in this
Capitol, and we cannot stop working to improve life for all Pennsylvanians. Some of the African Americans who have blazed
new trails for us were born right here in Pennsylvania. Bayard Rustin grew up in Chester before he joined the national civil
rights movement in the 1960s; C. Delores Tucker, a fellow Phila-delphian, walked with Dr. Martin Luther King from Selma to
Montgomery, Alabama; artist Henry Ossawa Tanner was from Pittsburgh; “60 Minutes” broadcast journalist Ed Bradley was
from Philly; and Dr. Daniel Hale Williams, who was born in this great State, performed the world's first successful heart surgery.

Besides the famous African American Pennsylvanians, we would not be here today, Mr. President, had it not been for the
contributions of farmers, homemakers, explorers, and other educators who worked to make a difference even today. So, I ask,
once more, to approve my resolution making February Black History Month in Pennsylvania.

Thank you, Mr. President.

The PRESIDENT. The Chair thanks the gentlewoman, the great public servant from the city of Philadelphia. In the time you
have offered the resolution, Senator, I have not once ever seen it fail. It has been personally enriching and a learning experience
all of the times that you have offered it, and, of course, to be your friend and colleague.

The Chair recognizes the gentleman from Chester, Senator Dinniman.

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Senator DINNIMAN. Mr. President, I also thank Senator Kitchen for bringing this information to our attention and helping
us gain wisdom and understanding. It has been my privilege for the last 6 years to also rise when Senator Kitchen does this
resolution because I want to emphasize the importance of knowing African American history for all people, both black and
white. I had the privilege for 30 years at West Chester University of teaching African American history. We have all been tied
in this knot of misunderstanding together. Sometimes the way to untie that knot, the way to increase our understanding of each
other, is to understand our history, to understand how misunderstanding and racism evolved in the first place. When we study
African American history, it is liberating for all of us, whether we be black, white, or in between.

When our Constitution was founded and when we did the Declaration of Independence, in that Declaration of Independence
we said that all men are created equal, but we did not include women and we did not include people of color. As a nation,
there were people at that time who knew that we could expand this concept of equality and equity. Thus, we had the Women's
Suffrage Movement that eventually resulted in the integration of this Chamber in 1920. We have the paintings here, by the
way, which were the first given to any woman as a public commission in the United States. We also have seen, and the fight
continues for equity for people of color, and we need to understand the history as we go forward. Black history is part and parcel
of Pennsylvania history, and we cannot understand the meaning of being a Pennsylvanian today without understanding the
meaning of African American history. In this very Chamber, the very paintings that Violet Oakley did before us are a statement
about African American history and a statement that all of us are part of what makes up the beautiful name of Pennsylvania.

We have to continue to be welcoming to new people, and to continue to treat everyone with equity and with respect, and when
we do so, we will keep William Penn's legacy alive, and the study of black history helps us keep that legacy alive.

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 WARD, FARNESE, EICHELBERGER, GREEN-LEAF, SABATINA, BROWNE, GORDNER, SCHWANK,

YUDICHAK, VULAKOVICH, FONTANA, COSTA, TEPLITZ, RESCHENTHALER, BARTOLOTTA, AUMENT,
RAFFERTY and HUGHES, by unanimous consent, offered Senate Resolution No. 280, entitled:

A Resolution designating the month of March 2016 as “Problem Gambling Awareness Month” in Pennsylvania and observing
the month of March 2016 as “National Problem Gambling Awareness Month.”

On the question,

Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentlewoman from Westmoreland, Senator Ward.

Senator WARD. Mr. President, Senator Farnese and I are offering a resolution that designates the month of March 2016 as
“Problem Gambling Awareness Month” in Pennsylvania, and observes March as the “National Problem Gambling Awareness
Month.” The purpose of this resolution is to acknowledge that while many people can and do responsibly enjoy gaming as a
legitimate form of entertainment, there are some individuals who suffer from the very real issue of problem gambling. It is our
sincere hope that this resolution will help make people aware of the public health issue of problem gambling both in terms of
prevention and treatment. While the Pennsylvania gaming industry has been quite successful in terms of job creation, revenue
generation, and economic development, the Commonwealth must insure that it addresses any accompanying social issues in a
responsible and effective manner. I ask for your consideration of this resolution. Thank you.

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

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Senator FARNESE. Mr. President, I am pleased to stand here with my colleague and good friend, and, of course, co-chair of
the Committee on Community, Economic and Recreational Development, Senator Ward, to lend support to the issue of problem
gambling in Pennsylvania. The gaming industry here in Pennsylvania is one we are proud of, and an industry that has been a
good steward of the economy and the communities in which it operates. However, with this industry comes issues for some
people with problem gambling. Problem gambling is a public health concern, Mr. President, for people across ages, races, and
ethnic backgrounds. It is, however, effectively treatable. Today's resolution is meant to increase education around this issue and
to encourage our health and regulatory agencies to continue their outreach and education efforts in order to prevent problem
gambling in the Commonwealth and the country.

Thank you again to Senator Ward for her leadership on this issue, and thank you to my colleagues in this body for lending
your support to this resolution.

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 WILEY, FONTANA, RAFFERTY, SABATINA, SCAVELLO, DINNIMAN, TEPLITZ, SCHWANK, GREEN-
LEAF, VULAKOVICH, BROWNE, FARNESE, YUDICHAK, WHITE, COSTA, RESCHENTHALER and BARTOLOTTA,
by unanimous consent, offered Senate Resolution No. 281, entitled:

A Resolution designating February 3, 2016, as “Four Chaplains Day” in Pennsylvania.

On the question,

Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentleman from Erie, Senator Wiley.

Senator WILEY. Mr. President, each February this country honors the ultimate sacrifice of four men who lost their lives one
fateful night off of the coast of Greenland. The four chaplains, as they are commonly known, were each a lieutenant in their
respective branches of the United States Armed Forces during World War II. They were traveling by boat with 900 men to a
base in Greenland. Their boat was struck by a German torpedo and quickly began to sink. Putting the needs of their men above
their own, the four chaplains shepherded the wounded and the living to lifeboats, guiding them in the dark. They prayed with
the dying and comforted all in their last hours as many clung to life. In their final act of heroism, the four chaplains gave their
own life jackets to others, insuring their own certain death as the lifeboats were full. Nearly 230 survivors were later rescued
by nearby ships. The four chaplains are now memorialized across our nation for their selfless bravery.

It is fitting, Mr. President, that we had with us here today a U.S. Army Chaplain as our Senate guest Chaplain. As he serves
his country and our freedoms each day in honor of those who came before him, it is also fitting that each of us in this Chamber
remember the message of the four chaplains: No matter your faith or your beliefs, you can work as one for the greater good. A
Methodist, a Jew, a Catholic, and a Dutchman can parallel a Democrat, a Republican, and an Independent as we work together
in service of the people of this great Commonwealth.

Mr. President, I ask that my colleagues join me in support of this resolution marking February 3, 2016, as “Four Chaplains
Day” in Pennsylvania. Thank you.

And the question recurring,

Will the Senate adopt the resolution?

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

Senators TEPLITZ, SABATINA, DINNIMAN, RAFFERTY, GREENLEAF, FONTANA, SCHWANK, VULAKOVICH,

FOLMER, HUGHES, FARNESE, COSTA and RESCHENTHALER, by unanimous consent, offered Senate Resolution No.
282, entitled:

A Resolution designating the month of February 2016 as “USO Month” in Pennsylvania in recognition of the 75th anniversary
of the United Service Organizations and its mission to enhance the quality of life of military members and their families.

On the question,

Will the Senate adopt the resolution?

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

Senator TEPLITZ. Mr. President, my resolution designates the month of February 2016 as “USO Month” in Pennsylvania.
This year marks the 75th anniversary of the United Service Organizations, or USO, and its mission to enhance the quality of life
of military members and their families. The USO was founded in 1941 by President Franklin Delano Roosevelt to lift the morale
of our military and nourish support on the home front. Today's USO continuously adapts to the needs of our men and women
in uniform and their families. USO centers operate at or near military installations across the United States and throughout the
world, including combat zones. USO airport centers also offer around-the-clock hospitality for traveling service members and
their families. The trademark USO tours bring America and its celebrities to service members who are assigned far from home
to entertain them and convey the support of our nation. Its many specialized programs offer a continuum of support to service
members throughout their journey of service.

So, Mr. President, I ask that my colleagues join me in celebrating the USO's dedication to our troops and their families for 75
years by designating the month of February 2016 as USO Month in Pennsylvania.

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 EICHELBERGER, DINNIMAN, SCARNATI, GREENLEAF, SCAVELLO, SABATINA, MENSCH, ARGALL,

TEPLITZ, BAKER, AUMENT, SCHWANK, BREWSTER, GORDNER, VULAKOVICH, McILHINNEY, FOLMER,
BARTOLOTTA, HAYWOOD, FONTANA, COSTA, YUDICHAK, WARD, RAFFERTY, YAW, HUTCHINSON, WHITE,
FARNESE, BOSCOLA, RESCHENTHALER and HUGHES, by unanimous consent, offered Senate Resolution No. 283,
entitled:

A Resolution designating the week of January 31 through February 6, 2016, as “Catholic Schools Week” in Pennsylvania.

On the question,

Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentleman from Blair, Senator Eichelberger.

Senator EICHELBERGER. Mr. President, not being Catholic and not being a former student of a Catholic school, one may
wonder why I am offering this resolution today. But, I am a big admirer and supporter of the products that come out of many of
these schools across our Commonwealth. They do a great service for our citizenry. I know in my local area they do a tremendous

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job for the folks there. In Pennsylvania, they educate about 153,000 students annually and save the Commonwealth taxpayers
about $2 billion each year by people attending Catholic schools. They have a great success rate. In fact, less than 3 percent of
their attendees drop out, and 90 percent seek higher education in some form.

So, last week was the week, and we were not in Session, but I wish them well and continued success as they do a lot of work
for the young people of this great State. So, I ask for support from my colleagues today for their recognition. Thank you.

And the question recurring,

Will the Senate adopt the resolution?

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

CONGRATULATORY RESOLUTIONS

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

Congratulations of the Senate were extended to E. Lois Hohl by Senator Aument.

Congratulations of the Senate were extended to Michael Casey by Senator Brewster.

Congratulations of the Senate were extended to Chief Riley Smoot, Jr., by Senator Brooks.

Congratulations of the Senate were extended to Chief Edward Zunino by Senator Dinniman.

Congratulations of the Senate were extended to Brennan J. Sullivan by Senator McGarrigle.

Congratulations of the Senate were extended to Keenan Lemay by Senator McIlhinney.

Congratulations of the Senate were extended to Jennie Elias, Gertrude Yuknis and to Evelyn Milgram by Senator Tomlinson.

Congratulations of the Senate were extended to Robert Womer, Mary Sibley, Connie Metz, Tim Tabisz and to Scott Jones
by Senator White.

Congratulations of the Senate were extended to Joseph J. Bruni by Senator Williams.

Congratulations of the Senate were extended to Tristan Sokach-Minnick by Senator Yudichak.

CONDOLENCE RESOLUTION

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

Condolences of the Senate were extended to the family of the late Maxine Baram by Senator McIlhinney and others.

ANNOUNCEMENTS BY THE SECRETARY

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

SENATE OF PENNSYLVANIA

COMMITTEE MEETINGS

TUESDAY, FEBRUARY 9, 2016

Off the Floor COMMUNITY, ECONOMIC AND Rules Cmte. Conf. Room
RECREATIONAL DEVELOPMENT (to
consider House Bill No. 944)

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Off the Floor GAME AND FISHERIES (to consider Rules Cmte. Conf. Room
Senate Bills No. 979 and 1115; and House
Bill No. 1168)

WEDNESDAY, FEBRUARY 10, 2016

9:00 A.M. AGRICULTURE AND RURAL AFFAIRS Room 8E-B East Wing
(public hearing on Senate Bill No. 1055)

10:30 A.M. CONSUMER PROTECTION AND Room 461 Main Capitol

PROFESSIONAL LICENSURE (to consider
House Bill No. 31)

MONDAY, FEBRUARY 22, 2016

10:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Governor's Office/Governor's Budget Office/
Executive Offices)

1:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Independent Fiscal Office - Economic
Outlook & Revenue Overview)

3:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Health)

TUESDAY, FEBRUARY 23, 2016

10:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Judiciary)

1:00 P.M. APPROPRIATIONS (Budget Hearing Hrg. Rm. 1 North Off.

Treasury Department)

3:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Auditor General)

WEDNESDAY, FEBRUARY 24, 2016

10:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Conservation and Natural
Resources)

1:00 P.M. APPROPRIATIONS (Budget Hearing -State Hrg. Rm. 1 North Off.
Police/Homeland Security)

3:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Drug & Alcohol Programs)

THURSDAY, FEBRUARY 25, 2016

10:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Environmental Protection)

1:00 P.M. APPROPRIATIONS (Budget Hearing Hrg. Rm. 1 North Off.

Department of Community & Economic
Development)

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3:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Attorney General)

MONDAY, FEBRUARY 29, 2016

10:00 A.M. APPROPRIATIONS (Budget Hearing Hrg. Rm. 1 North Off.

-Department of Corrections/Board of
Probation and Parole)

1:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Transportation)

3:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Aging)

TUESDAY, MARCH 1, 2016

10:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of General Services)

1:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Labor & Industry)

3:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Agriculture)

WEDNESDAY, MARCH 2, 2016

10:00 A.M. APPROPRIATIONS (Budget Hearing State Hrg. Rm. 1 North Off.
Related Universities)

1:00 P.M. APPROPRIATIONS (Budget Hearing -PA Hrg. Rm. 1 North Off.
State System of Higher Education)

3:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

PA Emergency Management Agency/Fire
Commissioner)

MONDAY, MARCH 7, 2016

10:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Human Services)

1:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Revenue/Lottery)

3:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Military and Veterans Affairs)

TUESDAY, MARCH 8, 2016

10:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 North Off.

Department of Education)

1:00 P.M. APPROPRIATIONS (Budget Hearing PA Hrg. Rm. 1 North Off.

Liquor Control Board)

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PETITIONS AND REMONSTRANCES

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

Senator FOLMER. Mr. President, as you and the Members of the Senate know, from time to time I rise to talk about an
agricultural issue relating to a certain plant that can be used to help sick people with various diseases and other medical
conditions. Of course, I am talking about cannabis and its use for medical purposes. On a number of occasions, I have questioned
those who fear medical cannabis for a variety of different reasons and I wonder why these fears have delayed consideration
of Senate Bill No. 3, which overwhelmingly passed this Chamber last May and has languished in the House since then. Mr.
President, while Senate Bill No. 3 continues to sit in the House, people, including children, are dying. Yes, there have been
discussions. Yes, there has been a special House task force to discuss the use of medical cannabis. Yes, there has been a handful
of House committee votes, but there has been no vote on Senate Bill No. 3 by the full House, despite numerous promises to
do so. We were promised a vote last October. No vote. We were promised a vote last November. No vote. We were promised
a vote the first week of December. No vote. It is now February 2016, nearly a year since Senate Bill No. 3 passed the Senate,
and, yet, it sits in the House with no vote scheduled. No vote, Mr. President, despite all of the protections built into Senate Bill
No. 3 to insure medical cannabis will be properly used. These protections include licensing, testing, tracking, State oversight,
rigorous reporting requirements, and other restrictions on the use of medical cannabis.

Meanwhile, Mr. President, does anybody believe that desperate patients, and especially desperate parents, are sitting around
just waiting for us to act? No, Mr. President, many patients are self-medicating, and desperate parents are taking matters into
their own hands. Consider this: a recent story from the Salt Lake Tribune about a Utah mother in hiding-imagine this, in hiding--
with her children, unable to return to her home out of fear she could lose her children and face criminal charges because for
nearly a year she has been administering small doses of cannabis oils to her daughter who suffers from congenital pituitary
disease. The mother, Sarah Ellett, is in contact with the State Division of Child and Family Services in Utah and she hopes and
prays that she will be able to work through these issues. Her case points to a dilemma parents face in watching their children
suffer and the fear of violating State and Federal laws by turning to medical cannabis to ease their suffering.

As a strong supporter of both the United States and Pennsylvania Constitutions, I understand and I appreciate the legislature
was established to be a deliberate body of our constitutional republic. It is why we have two Chambers, both the House and
Senate, to insure all points of view, including the minority viewpoints, are being considered. On Senate Bill No. 3, Mr. President,
the Pennsylvania General Assembly can honestly say it has done its due diligence as we have not only deliberated, but we have
reached the point where I believe we have now reached -paralysis from over-analysis. That is not what our Founding Fathers
intended, Mr. President. Both the U.S. and Pennsylvania Constitutions begin with three words, three very important words:
“We, the people.” Unfortunately, Mr. President, I am starting to feel like Jimmy Stewart's character from the movie Mr. Smith
Goes to Washington. In that movie, an idealistic young man is sent to Washington by the powers that be because they believe
they can control him. However, they turn out to be wrong, because Jefferson Smith stands by his principles and runs into those
powers and is discredited, humiliated, and threatened with expulsion from the United States Senate. So, he fights by standing
up and filibustering in support of his principles, just like I am doing now, but not nearly as long as Jimmy Stewart's character,
Mr. Smith, who held the floor for nearly 24 hours. I promise I will be concluding in 5 minutes or so.

However, before I end my comments today, Mr. President, I will repeat the words of the fictional character, Senator Smith,
because some days I feel overcome by the many questions and the countless delays I have faced in getting Senate Bill No. 3
signed into law. Stewart's character faced his mentor, Senator Paine, who set him up for his ouster from the Senate, and Mr.
Smith addresses Senator Paine and the rest of the Senate and he says, “I guess this is just another lost cause, Mr. Paine. All you
people don't know about lost causes. Mr. Paine does. He said once they were the only causes worth fighting for. And he fought
for them once, for the only reason any man ever fights for them; because of just one plain simple rule: ‘Love thy neighbor.’
And you know that you fight for the lost causes harder than any other. Yes, you even die for them.”

Pennsylvania Senate Journal, 2016 Reg. Sess. No. 6, Pennsylvania Senate Journal,...

Unfortunately, Mr. President, this is not a movie. I am not Jimmy Stewart, I am not filibustering, and I do not know if, or
when, Senate Bill No. 3 will ever become law. However, Mr. President, I do know this: I do know that the delays in getting
a vote in the House are hurting people, which, again, is not what our Founding Fathers intended when they established this
legislature to be a deliberative body.

So, let me return to the words of the Utah mom who decided to treat her daughter with medical cannabis, who saw that a
week after her daughter started receiving medical cannabis, she was able to take 20 steps without her walker; whose daughter
later started taking swimming lessons; after 2 weeks of classes, her focus improved, she was able to sit down with a book and
concentrate; Remie's digestion improved and for 8 hours a day, Ms. Ellett was able to remove the tube and bag that gave her
daughter continuous feeding and her child gained three pounds. She quotes saying, “She started jumping on the trampoline.
She just started being able to make movements. Instead of sitting there and being the observer she started being a participant
in the family.”

Now this same mother has a decision to make. Her words, not mine: “I'm a stable person. I don't want to just up and leave
with my children, move them away from the State, move them away from their father. I know her health is more important
than our location. I have been trying to be patient with the State of Utah, but the more this is going on, the more I know I am
going to be forced into not giving [Remie] the oil.” This story was from Utah, but there are similar stories all across the great
Commonwealth of Pennsylvania. I have met these folks. I am going to continue this fight, just like Jefferson Smith, played by
that Indiana County, Pennsylvania, resident, Jimmy Stewart, who said, “You think I'm licked? You all think I'm licked? Well,
I'm not licked. And I'm going to stay right here and fight for this lost cause. Even if the room gets filled with lies.”

Thank you, Mr. President.

The PRESIDENT. The Chair thanks the gentleman for an excellent speech.

BILLS SIGNED

The PRESIDENT (Lieutenant Governor Mike Stack) in the presence of the Senate signed the following bills:

SB 166, HB 153 and HB 158.

RECESS

The PRESIDENT. The Chair recognizes the gentleman from Monroe, Senator Scavello.

Senator SCAVELLO. Mr. President, I move that the Senate do now recess until Tuesday, February 9, 2016, at 11 a.m., Eastern
Standard Time, unless sooner recalled by the President pro tempore.

The motion was agreed to by voice vote.

The Senate recessed at 5:11 p.m., Eastern Standard Time.

PA S. Jour., 2016 Reg. Sess. No. 6

VERIFICATION

I, Darin Chapman, certify that I am a member of Medical Marijuana Access & Patient
Safety, Inc., and that in this capacity I am authorized to, and do make this Verification on its
behalf, that the facts set forth in the foregoing Petition for Review in the Nature of a
Complaint in Equity Seeking Declaratory Relief and Injunctive Relief and its attachments are
true and cotTect to the best of my knowledge, information and belief. I understand that false
statements made therein arc made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsifications to authorities.

Dated: Februaiy 10, 2022

NOTICE TO PLEAD

You are hereby notified to file a written response to the enclosed Petition for

Review within thirty (30) days from service hereof or a judgment may be entered

against you.

Respectfully submitted,

Counsel for Petitioner

DATED: February 10, 2022

CERTIFICATE OF COMPLIANCE WITH PUBLIC ACCESS POLICY

I certify that this filing complies with the provisions of the Public Access

Policy of the Unified Judicial System of Pennsylvania: Case Records of the

Appellate and Trial Courts that require filing confidential information and

documents differently than non-confidential information and documents.

Respectfully submitted,

Counsel for Petitioner

DATED: February 10, 2022

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