COMMONWEALTH OF PENNSYLVANIA
LEGISLATIVE JOURNAL
TUESDAY, JUNE 6, 2000
SESSION OF 2000 184TH OF THE GENERAL ASSEMBLY No. 36
An Act requiring certain advisory statements regarding the content HOUSE OF REPRESENTATIVES of certain music performances; regulating the operation of certain The House convened at 11 am., e.d.t. music venues; and prescribing penalties.
THE SPEAKER MATTHEW J. RYAN Referred to Committee on CONSUMER AFFAIRS, June 6, PRESIDING 2000. No. 2583 By Representatives BENNINGHOFF, PRAYER CLARK, COLAFELLA, GEIST, GODSHALL, HENNESSEY, REV. A. B. SCHIRMER, Chaplain of the House of HERSHEY, HORSEY, McGILL, McILHATTAN, RAMOS, Representatives and pastor of Bethany United Methodist SEYFERT, TIGUE, TULLI and YOUNGBLOOD Church, Lebanon, Pennsylvania, offered the following prayer: An Act amending the act of April 9, 1929 P.L.343, No.176, known as The Fiscal Code, further providing for disposition of certain Let us pray: abandoned and unclaimed property; and making editorial changes. Look graciously, 0 Lord, upon this body, that it would be faithful to its purpose of service to the citizens of Pennsylvania. Referred to Committee on FNANCE, June 6, 2000. Where it is in pride, subdue it; where it is in need, supply it; where it is in error, rectify it; where it is in default, restore it; No. 2584 By Representatives GODSHALL, BAKER, and where it holds to that which is just and compassionate, BARD, BARRAR, BELARDI, BUNT, BUXTON, M. COHEN, support it with Your presence, Your mercy, and Your grace. FRANKEL, HALUSKA, HASAY, HESS, HORSEY, Amen. LEDERER, MAYERNIK, McCALL, MELIO, S. MILLER, MUNDY, NAILOR, PETRARCA, PETRONE, PIPPY, PISTELLA, RAMOS, RUBLEY, SEYFERT, B. SMITH, PLEDGE OF ALLEGIANCE SOLOBAY, STABACK, STERN. STEVENSON, TEAVAGLIO, WILT. WOJNAROSKI and YOUNGBLOOD The Pledge of Allegiance was recited by members and visitors. An Act amending the act of May 22, 1951 P.L.317, No.69, known as The Professional Nursing Law, regulating the practice and licensure of dietetics and nutrition; further providing for penalties; and making an appropriation. JOURNAL APPROVAL POSTPONED Referred to Committee on PROFESSIONAL LICENSURE, The SPEAKER. Without objection, approval of the Journal June 6, 2000. of Monday, June 5, 2000, will be postponed until printed. The Chair hears no objection. No. 2585 By Representatives ROBERTS, PESCI, SEYFERT, McNAUGHTON, TRUE and WILLIAMS
A Joint Resolution proposing an amendment to the Constitution of HOUSE BILLS the Commonwealth of Pennsylvania, further providing for terms of INTRODUCED AND REFERRED legislators.
No. 2582 By Representatives BENNINGHOFF, Referred to Committee on STATE GOVERNMENT, June 6, ARMSTRONG, BASTIAN, BIRMELIN, BLAUM, BROWNIE, 2000. CLARK, DALEY, EGOLF, FORCIER, FRANKEL, GEIST, HALUSKA, HARHAI, HERSHEY, HESS, HUTCHINSON, No. 2586 By Representatives CORRJGAN, BELARDI, LaGROTTA, LYNCH, MAITLAND, McGILL, BUNT, CASORIO, M. COHEN, DeLUCA, FRANKEL, McILHATTAN, McNAUGHTON, METCALFE, GEIST, GEORGE, HENNESSEY, McILHINNEY, MELIO, MICHLOVIC, R. MILLER, S. MILLER, PIPPY, SATHER, RAMOS, SCHULER, SHANER, STEELMAN, STERN, SAYLOR, SCHULER, SEYFERT, STEELMAN, STERN, TANGRETTI, THOMAS, TRELLO, TRUE, WATERS, TIGUE, TRELLO, TRUE, WILT, WOGAN and WILLIAMS, YOUNGBLOOD, HORSEY, CURRY, ZIMMERMAN COLAFELLA and SCRIMENTI 1186 LEGISLATIVE JOURNAL-HOUSE JUNE 6
An Act amending Title 34 Game of the Pennsylvania No. 2591 By Representatives ALLEN, M. COHEN, ZUG, Consolidated Statutes, prohibiting transport or possession of exotic animals for purpose of killing or injuring them. ARGALL, BAKER, BATTISTO, BELFANTI, CLARK, CLYMER, L. I. COHEN, GEIST, HALUSKA, HENNESSEY, HESS, HORSEY, McILHATTAN, STERN, E. Z. TAYLOR, Referred to Committee on GAME AND FISHERIES, June 6, THOMAS and WILT 2000. An Act amending the act of June 28, 1947 tL.l 110, No.476, No. 2587 By Representatives CORRIGAN, known as the Motor Vehicle Sales Finance Act, further defining BEBKO-JONES, CALTAGIRONE, M. COHEN, DeLUCA, "principal amount financed"; further providing for assessment of costs DiGIROLAMO, FRANKEL, GEORGE, of examination, for contents of contract, for other costs included in DeWEESE, amount financed, for redemption and termination of contract after GRUCELA, HARHAI, HERMAN, JOSEPHS, LUCYK, repossession, for prohibited charges and for penalties; providing for MAHER, MANN, MASLAND, PESCI, PETRONE, PIPPY, regulations; and making editorial changes. PISTELLA, READSHAW, ROBERTS, SANTONI, SCHULER, SEYFERT, SHANER, B. SMITH, SOLOBAY, Referred to Committee on COMMERCE AND ECONOMIC STERN, TANGRE1TI, TIGUE, WALKO, WOJNAROSKI, DEVELOPMENT, June 6, 2000. WRIGHT, YOIJNGBLOOD, WASHINGTON, MARSICO and HORSEY No. 2592 8y Representatives DEMPSEY and VAN HORNE An Act declaring and adopting December 31, "First Night" as the New Year’s Eve. State celebration of An Act amending the act of June 23, 1931 P.L.932, No.317, known as The Third Class City Code, further providing for residency Referred to Committee on STATE GOVERNMENT, June 6, requirements for vacancy appointments. 2000. Referred to Committee on URBAN AFFAIRS, June 6, 2000. No. 2588 By Representatives CORRIGAN, BELARDI, CAPPABIANCA, GEORGE, GRUCELA, HENNESSEY, No. 2593 By Representatives WILLIAMS, ARGALL, LAUGHLIN, MANDERINO, READSHAW, ROSS, BELARDI,. M. COHEN, COSTA, GEORGE, HARHAI, SOLOBAY, STABACK, TIGUE and WASHINGTON LAUGHLIN, LYNCH, MAHER, RAMOS, READSHAW, ROONEY, STEELMAN, TIGUE, WASHINGTON, WATERS, An Act authorizing an advanced placement incentive grant YOUNGBLOOD, FREEMAN and TANGRETTI program for school districts; providing for the powers and duties of the Department of Education; and making an appropriation. An Act amending Title 75 Vehicles of the Pennsylvania Consolidated Statutes, further providing for personal plates. Referred to Committee on EDUCATION, June 6, 2000. Referred to Committee on TRANSPORTATION, June 6, No. 2589 By Representatives McILHINNEY, BELARDI, 2000. BROWNE, BUNT, CAPPABIANCA, L. I. COHEN, DeWEESE, FARGO, FRANKEL, GEORGE, HALUSKA, No. 2594 By Representatives WILLIAMS, M. COHEN, HERSHEY, HORSEY, LAUGHLIN, MAHER, MARSICO, HORSEY, PETRONE, WOJNAROSM and YOUNGBLOOD S. MILLER, MYERS, ROHRER, RUBLEY, SATHER, SEYFERT, SHANER, STABACK, E. Z. TAYLOR, THOMAS, An Act amending Title 75 Vehicles of the Pennsylvania TIGUE, TRELLO, TULLI, WASHINGTON, WILT, Consolidated Statutes, further providing for personal plate. WOJNAROSKI, WRIGHT and YOUNGBLOOD Referred to Committee on TRANSPORTATION, June 6, An Act amending Title 75 Vehicles of the Pennsylvania 2000. Consolidated Statutes, further providing for prohibition on expenditure emission inspection program. for No. 2595 By Representatives STURLA, ARMSTRONG, Committee on SCHULER, STRITrMATrER, TRUE, BELARDI, DeWEESE, Referred to TRANSPORTATJON, June 6, COSTA, BEBKO-JONES, CAPPABIANCA, CORRIGAN, 2000. DALEY, DERMODY, GEORGE, GRUCELA, HALUSKA, HARHAI, HENNESSEY, HERMAN, HERSHEY, HESS, No. 2590 By Representatives McILHINNEY, HERSHEY, JAMES, LAUGHLIN, LEDERER, LESCOVITZ, RUBLEY, TIGUE, TULLI, WASHINGTON and MANDERINO, MARSICO, MELIO, PESCI, PIPPY, YOUNGBLOOD ROBERTS, ROHRER, SAYLOR, SOLOBAY, STABACK, An Act amending Title 75 Vehicles of the Pennsylvania THOMAS, TULLI, WASHINGTON, WOJNAROSKI, Consolidated Statutes, further providing for restrictions on use of WALKO, YOUNGBLOOD, JOSEPHS and ROEBUCK limited access highways. An Act designating a certain bridge in Lancaster County as the Referred to Committee on TRANSPORTATION, June 6, Thaddeus Stevens Bridge. 2000. Referred to Committee on TRANSPORTATION, June 6, 2000. 2000 LEGISLATIVE JOURNAL-HOUSE 1187
HOUSE RESOLUTIONS DERMODY, DeWEESE, DRUCE, FICHTER, FRANKEL, INTRODUCED AND REFERRED GEIST, GEORGE, HARHAI, HENNESSEY, HERSHEY, HESS, JOSEPHS, KAISER, LaGROTTA, LAUGHLIN, LEH, No. 516 By Representatives ORIE, THOMAS, LESCOVITZ, LEVDANSKY, LYNCH, MAHER, MANN, HARHAI, MASLAND, ROBINSON, FAIRCHILD, MARKOSEK, MARSICO, MASLAND, McCALL, LAUGHLIN, BELARDI, TULLI, WOJNAROSfl ARGALL, McILHATTAN, McNAUGHTON, MELIO, MICHLOVIC, READSHAW, DeWEESE, WRIGHT, CORRIGAN, WATERS, R. MILLER, NAILOR, ONE, PESCI, PETRONE, PISTELLA, MARKOSEK, E. Z. TAYLOR, SOLOBAY, M. COHEN, READSHAW, SAYLOR, SCHULER, SCRIMENTI, STABACK, WASHINGTON, PISTELLA, BEBKO-JONES, SOLOBAY, STAIRS. STERN, STEVENSON, STURLA. FRANKEL, WILLIAMS, MAITLAND, KENNEY, TANGRETTI, TIGUE, TRUE, TULLI, VAN HORNE, VEON, SCHRODER, KAISER and MELIO WALKO, WASHINGTON, WILT, WOJNAROSKI, YOUNGBLOOD, ROBINSON; RAYMOND, BARRAR, A Concurrent Resolution directing the Joint State Government CASORJO, BUXTON, CIVERA, CURRY, KENNEY, Commission to establish a task force to study the availability and LUCYK, OLIVER, SANTONI, EACHUS, HABAY and accessibility of intensive and appropriate community services and supports for persons with mental illness; to determine the individual RAMOS and community consequences of untreated and undertreated mental illness and the relationship to incidence of violence, A Resolution expressing support of a Pennsylvania high-speed incarceration and homelessness; to determine the gaps in services for maglev industry. individuals with mental illness; and to make recommendations on addressing these gaps and meeting individual needs while respecting individual rights and dignity. Referred to Committee on RULES, June 6, 2000.
Referred to Committee on RULES, June 6, 2000. No. 522 By Representatives HERMAN, E. Z. TAYLOR, STAIRS, COLAFELLA, FLICK and STETLER
No. 519 By Representatives WILLIAMS, A Concurrent Resolution requesting the Pennsylvania Higher BEBKO-JONES, BELARDI, BELFANTI, BROWNE, Education Assistance Agency to prepare a report on attaining college BUNT, CALTAGIRONE, CAPPABIANCA, M. COHEN, degrees within four years. COLAFELLA, CORRIGAN, COSTA, CURRY, DALEY, DERMODY, DeWEESE, FAIRCHILD, FLICK, FRANKEL, Referred to Committee on RULES, June 6, 2000. GEIST, GRUCELA, HALUSKA, HARHAI, HERMAN, HERSHEY, HORSEY, JOSEPHS, LAUGHLIN, LEDERER, SENATE MESSAGE LESCOVITZ, LUCYK, MELIO, ONE, PESCI, PETRONE, PIPPY, PISTELLA, PLATTS. RAMOS, READSHAW, ADJOURNMENT RESOLUTION ROBERTS, RUBLEY, SAINATO, SHANER, B. SMITH, FOR CONCURRENCE STABACK, STURLA, TIGUE, WASHINGTON, WATERS, WOJNAROSKI, YOUNGBLOOD, ZIMMERMAN and The clerk of the Senate, being introduced, presented the SAMUEL SON following extract from the Journal of the Senate, which was read as follows: A Resolution memorializing the Citizens’ Stamp Advisory Committee of the United States Postal Service Board of Governors to issue a stamp designed to promote child care. In the Senate June 5, 2000
Referred to Committee on INTERGOVERNMENTAL RESOLVED, the House of Representatives concurring, AFFAIRS, June 6, 2000. That when the Senate adjourns this week, it reconvene on Monday, June 12, 2000, unless sooner recalled by the President Pro Tempore of No. 520 By Representatives WILLIAMS, BARRAR, the Senate; and be it further BEBKO-JONES, CALTAGIRONE, M. COHEN, FAIRCHILD, RESOLVED, That when the House of Representatives adjoums this HARHAI, HERSHEY, JOSEPHS, LAUGHLIN, LEH, week, it reconvene on Monday, June 12, 2000, unless sooner recalled McGILL, MELIO, READSHAW, STABACK, THOMAS, by the Speaker of the House of Representatives. WATERS, FREEMAN, BISHOP, STETLER, TANGRETTI, BATTISTO, MUNDY, PESCI, WALKO, GRUCELA, BARD, Ordered, That the clerk present the same to the House of STEELMAN and BROWNE Representatives for its concurrence.
A Resolution directing the Pennsylvania Turnpike Commission to On the question, study the traffic congestion problem created when severe weather Will the House concur in the resolution of the Senate? conditions cause a shortage of toil collectors. Resolution was concurred in. Ordered, That the clerk inform the Senate accordingly. Referred to Committee on RULES, June 6, 2000.
No. 521 By Representatives PIPPY, FARGO, ADOLPH, GUESTS INTRODUCED ARGALL, ARMSTRONG, BASTIAN, BATITISTO, The SPEAKER. The Chair is pleased to welcome to the BEBKO-JONES, CAWLEY, CLYMER, L. I. COHEN, hall of the House today, as the guest of Representative COLAFELLA, CORRIGAN, COSTA, DALEY, DeLUCA, Scot Chadwick, Lt. Lenard Wacenske of the Salvation Army in 1188 LEGISLATIVE JOURNAL-HOUSE JUNE 6
Sayre, PA. Would the guest please rise. He is seated in the BILLS ON SECOND CONSIDERATION gallery, I believe. There he is. The Chair is pleased to welcome to the hall of the House The following bills, having been called up, were considered today, as the guest of and the summer intern of Representative for the second time and agreed to, and ordered transcribed for Patricia Vance, Allison Watkins. She is seated to the left of the third consideration: Speaker. She is a student at Babson College in Boston. Would she please rise. HE 340, PN 3084; RB 1754, PN 3593; HB 1958, PN 2446; The Chair is pleased to welcome to the hall of the House RB 2481, PN 3385; and HB 2533, PN 3627. today, as the guests of Representative Mark McNaughton, two guest pages who last night graduated from St. Margaret Mary School in Harrisburg - Sean Murphy and Tony Wambach. BILLS RECOMNIITTEI Would they please rise. The Chair is pleased to welcome to the hall of the The SPEAKER. The Chair recognizes the majority leader. House today, as the guest of Representative Jerry Nailor, Mr. PERZEL. Mr. Speaker, I move that the following bills Jennifer Sultzaberger, a summer college intern from be recommitted to the Committee on Appropriations: Dickinson College, seated to the left of the Speaker. HB 340; BILLS REMOVED FROM TABLE HB 1754; HB 1958; The SPEAKER. The Chair recognizes the majority leader. FIB 2481; and Mr. PERZEL. Mr. Speaker, I move that the following bills HB 2533. be removed from the table: On the question, FIB 610; Will the House agree to the motion? I-lB 617; Motion was agreed to. FIB 770; FIB 771; FIB 772; GUESTS INTRODUCED HB 1905; HR 1906; The SPEAKER. The Chair is pleased to welcome to the HR 2066; hall of the House today, as the guests of Representative HB 2255; Stanley Saylor, Matthew and Amy Jones. They are guest pages. HR 340; They are the guests of Mr. Saylor, together with their mother, FIB 1754; Carol Jones, who is seated in the balcony. Would the family HR 1958; please rise. I-lB 2481; and Here today as the guest of Representative Santoni is HB 2533. Lame Stoudt, a summer intern from Penn State University. She is seated in the balcony at this time. Lame, would you please On the question, rise. Will the House agree to the motion? The Chair is pleased to welcome to the hall of the House Motion was agreed to. today Christopher Boyle, who is serving as a guest page. He is here with his mother, Ellen Boyle. Christopher is a freshman at BILLS TABLED Wyoming Seminary in Kingston and is the guest of Representative Phyllis Mundy. He is seated with the pages, and The SPEAKER. The Chair recognizes the majority leader. his mother is seated in the balcony. Would they please rise. Mr. PERZEL. Mr. Speaker, I move that the following bills be placed back upon the table: BILLS REPORTED FROM COMMITTEES, CONSIDERED FIRST TIME, AND FIB 770; RECOMMITTED TO COMMITTEE ON RULES
‘ RB 177, PN 165 By Rep. HERSHEY
HB 1905; An Act providing for water resources conservation, planning and HB 1906; management; providing for drought response authority; imposing HR 2066; and powers and duties on the Department of Environmental Protection in HR 2255 relation thereto; providing for penalties and enforcement; establishing the Water Conservation Fund; and making repeals.
Will the House agree to the motion? ENVIRONMENTAL RESOURCES AND ENERGY. Motion was agreed to. 2000 LEGISLATIVE JOURNAL-HOUSE 1189
RB 379, PN 392 By Rep. HERSHEY HE 1564, PN 1882 By Rep. ARGALL
An Act amending the act of April 9, 1929 P.L.l77, No.175, An Act repealing the act of May 13, 1927 P.L.982, No.472, known as The Administrative Code of 1929, requiring the Department entitled "An act fixing the compensation of the county commissioners of Environmental Protection to give notice to municipalities of orders in counties of the second class." for abatement of nuisances; and making editorial changes. URBAN AFFAIRS. ENVIRONMENTAL RESOURCES AND ENERGY. BILLS REPORTED FROM COMMITTEES, RB 1026, PN 1145 By Rep. HERSHEY CONSIDERED FIRST TIME, AND TABLED SB 1101, PN 1916 By Rep. ARGALL An Act regulating stockpiled tree stump and tree debris storage management; and providing for powers and duties of the Department of Environmental Protection. An Act amending the act of July 28, 1953 P.L.723, No.230, entitled, as amended, Second Class County Code, further providing for payments by employees into the retirement system, for amount of ENVIRONMENTAL RESOURCES AND ENERGY. retirement allowances and for charter limitations.
URBAN AFFAIRS. RB 1259, PN 1436 By Rep. ARGALL SB 1296, PN 1674 By Rep. GEIST An Act repealing the act of April 24, 1931 P.L.43, No.34, entitled "An act authorizing and empowering cities of the first class in this Commonwealth to acquire by gift, lease, purchase or An Act designating a portion of Routes 22 and 322 in Dauphin County, Pennsylvania as the John J. Shumaker Memorial condemnation proceedings, within or without the limits of said cities, any land located within the Commonwealth of Pennsylvania necessary Highway. for the purpose of establishing and maintaining hospitals or other institutions for the care and treatment of the sick or disabled; and, with TRANSPORTATION. the consent of the local authorities where such land is situated, to maintain the same in the exercise of the health functions of such city." LEAVES OF ABSENCE URBAN AFFAIRS. The SPEAKER. The Chair is about to take today’s leaves of absence. The Chair is advised that the Republican whip has no RB 1262, PN 1439 By Rep. ARGALL requests for leaves. An Act amending the act of April 14, 1868 P.L.l083, No.1020, The Democratic whip requests a leave of absence for the entitled "A supplement to an act, entitled ‘An act appropriating ground lady from Montgomery County, Ms. WILLIAMS, for today’s for public purposes in the city of Philadelphia,’ approved the session. Without objection, the leave will be granted. The Chair twenty-sixth day of March, Anno Domini one thousand eight hundred hears no objection. The leave is granted. and sixty-seven," deleting provisions relating to licensing of passenger railways, and widening and straightening approaches. MASTER ROLL CALL URBAN AFFAIRS. The SPEAKER. The Chair is about to take today’s master roll call. Members will proceed to vote. RB 1264, PN 1441 By Rep. ARGALL The following roll call was recorded: An Act repealing the act of May 24, 1917 P.L.297, No.l60, entitled "An act authorizing the establishment of contagious disease PRESENT-197 hospitals in the several counties of the Commonwealth, to he constructed and maintained out of county funds." Adolph Fairchild Mann Sayior Allen Fargo Markosek Schroder URBAN AFFAIRS. Argali Feese Marsico Schuier Armstrong Fichter Masland Scrimenti Baker Fleagle Mayemik Semmei Bard Flick McCall Shaner Barley Forcier McGeehan Smith, B. HB 1563, PN 1881 By Rep. ARGALL Barrar Frankel McGill Smith, S. H. Bastian Freeman Mclihattan Snyder An Act repealing the act of May 31, 1923 P.L.473, No.258, Battisto Gannon Mctihinney Soiobay entitled "An act authorizing the annexation to cities of the second class Bebko-Jones Geist McNaughton Staback of portions of townships not exceeding one hundred acres in area and Belardi George Melio Stairs totally surrounded by said cities; and providing for the division of the Belfanti Gladeck Metcalfe Steelman assets and liabilities of said townships." Benninghoff Godshall Michlovic Steil Birmelin Gordner Micozzie Stem Bishop Grucela Miller, R. Stetier URBAN AFFAIRS. Biaum Gruitza Miller, S. Stevenson Boycs I4abay Mundy Strittmauer Browne Haluska Myers Sturia 1190 LEGISLATIVE JOURNAL-HOUSE JUNE 6
Bunt Hanna Nailor Surra The SPEAKER. I have no objection to your making an Butkovitz Harhai Nickol Tangretti Buxton Harhart O’Brien Taylor, E. Z. announcement- Caltagirone Hasay Oliver Taylor, J. Mr. GEIST. That is what I mean. Cam Hennessey One Thomas The SPEAKER. -but you are not going to have a meeting Casonio Herman Perzel Tigue Cawley Hershey Pesci Travagilo right now. Chadwick Hess Petranca Treilo Mr. GEIST. I do not want to have a meeting right now. This Civera Honsey Petrone Trich is your show. I just want to do this at the break. Clark Hutchinson Phillips True At the break the Transportation Committee will meet in the Clymer Jadiowiec Pippy Tulli Cohen, M. James Pistella Vance back of the House. We have one bill to move, and it is a Colafel Ia Josephs Platts Van Home naming, and I would ask everybody to attend. Thank you. Cornell Kaiser Preston Veon SPEAKER. Thank you, Mr. Geist. Corrigan Keller Ramos Vitali The Costa Kenney Raymond Walko Coy Kirkland Readshaw Washington Curry Krebs Reinard Waters GUESTS INTRODUCED Dailey L.aGrotta Rieger Wilt Daley Laughlin Roberts Wogan The SPEAKER. The Chair is pleased to welcome to the hail Daily Lawless Robinson Wojnaroski of the House today guests of Representative Roy Reinard, DeLuca Lederer Roebuck Wright Dempsey Leh Rohrer Yewcic seated to the left of the Speaker: Jim Reynolds and Joe Giblin, Dermody Lescovitz Rooney Youngblood who are summer district aides, and Al Perlini, who is the DeWeese Levdansky Ross Yudichak district office administrator for Mr. Reinard. Would these guests DiGirolamo Lucyic Rubley Zimmerman Donatucci Lynch Ruffing Zug please rise. Druce Maher Sainato Eachus Maitland Samuelson The Chair requests the gentleman, Mr. DiGirolamo, to come Egolf Major Santoni Ryan, Evans Manderino Sather Speaker to the rostrum.
ADDITIONS-0 FILMING PERMISSION
NOT VOTING-O The SPEAKER. Permission is granted to Bill Johnson of the Bucks County Courier Times to take still photographs in EXCUSED-.4 connection with the proceedings on HR 504.
Cappabianca Cohen, L. I. Gighotti Williams SISTERS OF THE BLESSED SACRAMENT LEAVES ADDED-A PRESENTED The SPEAKER. Mr. DiGirolamo. Deweese Pisteila Surra Corrigan Mr. DiGIROLAMO. Thank you, Mr. Speaker. One of our great Presidents once said that our nation was founded on the notion that ordinary people, given the GUESTS INTRODUCED opportunity, can accomplish extraordinary things. On October 1 of this year, Mother Katharine Drexel, who The SPEAKER. The Chair is pleased to welcome today to founded the Sisters of the Blessed Sacrament back in 1891 and the floor of the House, as a guest of Representative Saylor, based her order not only in my legislative district but in my Senator Bob Hooper from the Senate of Maryland. hometown of Bensalem, will be canonized by Pope John Paul II Senator Hooper serves the 35th District, represents Cecil and and become not only the first Pennsylvanian but only the second Harford Counties. Senator, welcome to Pennsylvania. Would native-born American to become a saint within the Catholic you please rise, to the left of the Chair. Church. We are pleased to welcome to the hall of the House today, as Who said that dreams cannot come true? Over 40 years ago, the guest of Representative Benninghoff, Mackenzie Moser, a I, as a fifth grade elementary student at St. Charles Elementary student at Susquehanna University and serving as an intern for School, which is across the street from the Sisters of the Blessed the Representative. Mackenzie, would you please rise. I do not Sacrament, as a fifth grade student and altar boy who used to go show whether you are- In the balcony. Thank you. across the street and serve Mass in the sisters’ temple frequently, got to know many of the sisters on a personal basis. TRANSPORTATION COMMITTEE MEETING Who says dreams cannot come true? Who would believe that I would have the marvelous opportunity to offer a resolution The SPEAKER. Mr. Geist. together with Representative Denny O’Brien honoring and Mr. GEIST. Mr. Speaker, would it be in order to call a acknowledging Mother Katharine Drexel, her works, her committee meeting now? missions, and the Sisters of the Blessed Sacrament. The SPEAKER. No. At this time I would like to introduce some guests who have Mr. GEIST. All right. traveled to witness the passage of HR 504, and first, to my left- The SPEAKER. You mean- and I would ask my guests to stand as I call them - first, we Mr. GEIST. Not now. have the vice president of the order, Sr. Beatrice Jeffries. 2000 LEGISLATIVE JOURNAL-HOUSE 1191
We also have Sr. Ruth Catherine Spain, who is the director of Dr. Martin Luther King said that everyone is made and the Katharine Drexel Guild; Sr. Thomasita Daley, who is the meant for greatness, not for fame but for greatness, and that past director of the Blessed Katharine Drexel Guild; greatness is determined by service. Sr. Faith Okerson, who is the public affairs coordinator. And we Mother Katharine in some of her writings said to us, you also have the mayor of Bensalem - and I want to make sure know, I look up in wonder at all of God’s wonderful ways, and I get the pronunciation of his last name correct - think how we can imagine what a thought that God plants in the Mayor Joseph DiGirolamo from Bensalem. And also in the back heart, what can happen if we listen and act on that thought. - and I would ask them all to stand - we have some of the I pray that as we assemble here in this House of sisters and friends from the Sisters of the Blessed Sacrament. I Representatives that makes laws to govern the rights of our would ask you to stand and be acknowledged by the House. people and of all people, that we follow the example of this Welcome. saintly woman in her cause for social justice, that we follow her Mother Katharine Drexel in many ways was an ordinary example of selflessness and generosity in everything that we do, woman, but boy, oh, boy, did she accomplish a lot of and most especially, that we are encouraged to erase the blot of extraordinary things. To appreciate Mother Katharine and her racism and prejudice that has for too long stained the pages of story, you do not have to be a particular religion or have a our nation’s history. particular faith. Mother Katharine Drexel was a woman of deep Thank you so much, and God bless you. and profound love, compassion, vision, and most importantly, faith. A native Pennsylvanian, born in Philadelphia to a family of wealth and prominence, she inherited in 1890 a fortune CALENDAR estimated to be around $20 million -$20 million 110 years ago; imagine how much that much would be today. She founded, again, the Sisters of the Blessed Sacrament, RESOLUTIONS PURSUANT TO RULE 35 based the order in Bensalem, and spent the next 60 years of her Mr. DiGIROLAMO called up HR 504, PN 3565, entitled: life there till she died in 1955. She gave not only her entire fortune but, more importantly, dedicated her entire life, reaching A Resolution recognizing the week of October I through 8, 2000, out and helping the poorest members of society at that time, as "Saint Katharine Drexel Week" in Pennsylvania. the African-Americans and Native American people. Mother Katharine Drexel, together with the Sisters of the On the question, Blessed Sacrament, founded, staffed, and supported nearly Will the House adopt the resolution? 60 schools and missions throughout the United States, founding Xavier University in New Orleans, which was and still is today The SPEAKER. Mr. Honey, do you desire recognition on the only predominantly black Catholic university in America. this resolution? But the story of Mother Katharine and the Sisters of the Mr. HORSEY. Yes, Mr. Speaker. Blessed Sacrament does not end on October 1, because her The SPEAKER. The gentleman .is recognized. work, her mission, continues today by the good work of the Mr. HORSEY. Thank you, Mr. Speaker. sisters, where they are working now in 12 States and in Haiti. Mr. Speaker, I would be remiss if I did not testify relative to And at this moment, with the graciousness of the Speaker of the nature of Mother Katharine Drexel and to Sister Bea and the House, Mr. Ryan, I would like to introduce to talk about that Sister Ruth and the Sisters of the Blessed Sacrament in general mission and to talk about Mother Katharine Drexel, soon to be in that my son, who is now a lawyer in Philadelphia, was taught St. Katharine Drexel, the vice president of the order, by Sister Bea in the second grade, which makes him an alumni Sr. Beatrice Jeffries. Sister. of the Sisters of the Blessed Sacrament. My daughter was taught SR. BEATRICE JEFFRIES. Thank you, Mr. Speaker of the by Sister Ruth, and she is also an alumni of the Sisters of the House and distinguished members of the House of Blessed Sacrament, and my wife also was taught by the Representatives; our own mayor, Joseph DiGirolamo; and our Sisters of the Blessed Sacrament, and I have a group of children honored guests. coming up from St. Ignatius, which is their last mission, Truly it is an honor to be here to address you today. Mr. Speaker, in the city of Philadelphia, Mr. Speaker, This honor that you bestow on us is only a foreshadowing St. Ignatius Parish. of the honor that the church will bestow on our I can attest firsthand, Mr. Speaker, to the mission of the Blessed Katharine Drexel for her works, for her saintliness, for Sisters of the Blessed Sacrament and Mother Katharine Drexel, her giftedness to the church - the first, the first Pennsylvanian, who often visited and would stay numerous times in the the second American-born saint, American born to be declared a parish itself at St. Ignatius. I can attest to the greatness not just saint in the Roman Catholic Church. of Mother Katharine Drexel but of the Sisters of the Mother Katharine’s sense of compassion, her sense of Blessed Sacrament. justice, impelled her to give her all. Not only did she give in And, Mr. Speaker, with that, I am not going to belabor and excess of $20 million to the poor, but she gave even more that make this a long speech; I am just going to say, thank you to the money cannot buy, for she touched a then neglected people, Sisters of the Blessed Sacrament for my wife, my son, and my Native Americans and African-Americans in this country, and daughter, and I would like to congratulate them on the she instilled in them a sense of pride, a sense of love for canonization of Mother Katharine Drexel as a saint. Thank you, country, for God, for neighbor, and for church, even when the Mr. Speaker. church did not love them back. The SPEAKER. The Chair thanks the gentleman. 1192 LEGISLATIVE JOURNAL-HOUSE JUNE 6
LEAVE OF ABSENCE EXCUSED-5
The SPEAKER. The Chair, prior to taking the vote, retums Cappabianca Corrigan Gigliotti williams Cohen. L. I. to leaves of absence and recognizes the gentleman, Mr. Veon, who requests the gentleman from Bucks, Mr. CORRIGAN, be placed on leave for today’s session. Without objection, leave . . . . - The majonty having voted m the affirmative, the question will be granted. was determined in the affirmative and the resolution was adopted. CONSIDERATION OF HR 504 CONTINUED
On the question recurring, Will the House adopt the resolution? Mr. PERZEL called up HR 512, PN 3617, entitled:
The following roll call was recorded: A Resolution recognizing Peter J. Liacouras, president of Temple University, for his accomplishments during his tenure at YEAS-l96 Temple University.
Adolph Fargo Markosek Saylor On the question, Will the House adopt the resolution? Argall er I’1 Armstrong Fleagle Mayernik Scrimenti Baker Flick McCall Semmel The following roll call was recorded: Bard Forcier McGeehan Shaner Barley Frankel McGill Smith, B. Barrar Freeman Mcllhattan Smith, s. n. YEAS-195 Bastian Gannon McI Ihinney Snyder Battisto Geist McNaughton Solobay Adolph Fargo Markosek Saylor Bebko-Jones George Melio Staback Allen Feese Marsico Schroder Belardi Gladeck Metcalfe Stairs Argali Fichter Masland Schuler Belfanti Godshall Michiovic Steelman Armstrong Fleagle Mayemik Scrimenti Benninghoff Gordner Micozzie Steil Baker Flick McCall Semmel Birmelin Grucela Miller, R. Stem Bard Forcier McGeehan Shaner Bishop Gruitza Miller, S. Stetler Barley Frankel McGill Smith, B. Blaum Habay Mundy Stevenson Barrar Freeman Mclihattan Smith, S. H. Boyes Haluska Myers Strittmatter Bastian Gannon Mcilhinney Snyder Browne Hanna Nailor Sturla Battisto Geist McNaughton Solobay Bunt Harhai Nickol Surra Bebko-Jones George Melio Staback Butkovitz Harhari O’Brien Tangretti Belardi Godshail Metcalfe Stairs Buxton Hasay Oliver Taylor, C. Z. Belfanti Gordner Michlovic Steelman Caltagirone Hennessey One Taylor, j. Benninghoff Grucela Miconie Steil Cam Herman Perzel Thomas Birmelin Gruitza Miller. R. Stern Casorio Hershey Pesci Tigue Bishop Habay Miller, S. Stetler Cawley Hess Petrarca Travaglio Blaum Haluska Mundy Stevenson Chadwick Horsey Petrone Trel lo Boyes Hanna Myers Strittmatter Civera Hutchinson Phillips Inch Browne Harhai Nailor Stunla Clark Jadlowiec Pippy True Bunt Harhart Nickol Sums Clymer James Pistella Tulli Butkovitz Hasay O’Brien Tangretti Cohen, M. Josephs Platts Vance Buxton 1-lennessey Oliver Taylor, E. Z. Colafella Kaiser Preston Van Home Caltagirone Herman One Taylor, J. Cornell Keller Ramos Veon Cam Hershey Perzel Thomas Costa Kenney Raymond Vitali Casorio Hess Pesci Tigue Coy Kirkland Readshaw Walko Cawley Honey Petrarca Travaglio Curry Krebs Reinard Washington Chadwick Hutchinson Petrone Trello Dailey LaGrotta Rieger waters Civera Jadlowiec Phillips Inch Daley Laughlin Roberts Wilt Clark James Pippy True Daily Lawless Robinson Wogan Clymer Josephs Pistella Tulli DeLuca Lederer Roebuck Wojnaroski Cohen. M. Kaiser Plaits Vance Dempsey Leh Rohrer Wright Colafella Keller Preston Van Home Dermody Lescovicz Rooney Yewcic Comell Kenney Ramos Veon DeWeese Levdansky Ross Youngblood Costa Kirkland Raymond Vitali DiGirolamo Lucyk Rubley Yudichak Coy Krebs Readshaw Walko Donatucci Lynch Ruffing Zimmerman Curry LaGrotta Remand Washington Druce ivlaher Sainato Zug Dailey Laughlin Rieger Waters Eachus Maitland Samuelson Daiey Lawless Roberts Wilt Egoif Major Santoni Daily Lederer Robinson Wogan Evans Manderino Sachet Ryan, DeLuca Leh Roebuck Wojnaroski Fairchiid Mann Speaker . Dempsey Lescovitz Rohrer Wright Dermody Levdansky Rooney Yewcic DeWeese Lucyk Ross Youngblood DiGirolamo Lynch Rubley Yudichak NAYS-0 Donatucci Maher RutTing Zimmerman Druce Maitland Sainato Zug Eachus Major Samuelson Egoif Manderino Santoni Ryan. NOT VOTING-O Evans Mann Sather Speaker Fairchild 2000 LEGISLATIVE JOURNAL-HOUSE 1193
NAYS-O Donatucci Lynch Ruffing Zimmerman Druce Maher Sainato Zug Eachus Maitland Samuelson NOT VOTING-l Egotf Major Santoni Evans Mandenino Sather Ryan, Gladeck Fairchild Mann Speaker
EXCUSED-S NAYS-O
Cappabianca Comrigan Gigliotti Williams NOT VOTING-O Cohen, L. I. EXCUSED-5
The majority having voted in the affirmative, the question Cappabianca Corrigan Gigiiotti Williams was determined in the affirmative and the resolution was Cohen, L. I. adopted.
The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was Mr. REJINARD called up HR 514, PN 3623, entitled: adopted.
A Resolution designating June 11, 2000, as "German Day" in Pennsylvania. Mr. FRANKEL called up HR 515, PN 3624, entitled: On the question, Will the House adopt the resolution? A Resolution recognizing the naming of the Thomas Detre Hall at the University of Pittsburgh. The following roll call was recorded: On the question, YEAS-196 Will the House adopt the resolution?
Adolph Fargo Markosek Saylor Alien Feese Marsico Schroder The following roll call was recorded: Argail Fichten Masland Schuler Armstrong Fleagie Mayemik Scnimenti YEAS-196 Baker Flick McCall Semmei Bard Foncier McGeehan Shaner Adolph Fargo Markosek Saylom Barley Frankel McGill Smith, B. Allen Feese Marsico Schroder Barrar Freeman Mcllhattan Smith, S. H. Argall Fichtem Masiand Schuler Bastian Gannon Mclihinney Snyder Armstrong Fleagie Mayernik Scrimenti Battisto Geist MeNaughton Solobay Baker Flick McCall Semmel Bebko-Jones George Melio Staback Bard Foncier McGeehan Shaner Belandi Giadeck Metcaife Stairs Barley Frankel McGill Smith, B. Beifanti Godshall Michiovic Sleeiman Banan Freeman Mciihattan Smith, S. I-I. Benninghoff Gordner Micozzie Steil Bastian Gannon Mcllhinney Snyder Binmelin Gnjceia Miller, R, Stern Battisto Geist McNaughton Soiobay Bishop Gruitza Miller, S. Stetier Bebko-Jones George Meiio Staback Blaum Habay Mundy Stevenson Belardi Giadeck Metcalfe Stairs Boyes Haiuska Myers Stnittmanem Beifanti Godshall Michiovic Steeiman Browne Hanna Nation Sturia Benninghoff Gordnen Micozzie Steil Bunt Harhai Nickol Surra Birmelin Gruceia Miller, R. Stem Butkovttz Harhart O’Brien Tangretti Bishop Gruitza Miller, S. Stetiem Buxton Hasay Oliver Taylor, E. Z. Blaum Habay Mundy Stevenson Caitaginone Hennessey Ode Taylor, J. Boyes Haiuska Myers Strittmatter Cam Herman Perzei Thomas Browne Hanna Naiior Stunla Casorio Hershey Peso Tigue Bunt Harhal Nickol Sums Cawley Hess Petmarca Travagito Butkovitz Hanhart O’Brien Tangretti Chadwick Horsey Petrone Tnelio Buxton Hasay Oliver Taylor, E. Z. Civera Hutchinson Phillips Inch Caitagirone Hennessey One Taylor, J. Clank Jadlowiec Pippy True Cam Herman Perzei Thomas Clymer James Pistelia Tulli Casonio Hershey Pesci Tigue Cohen, M. Josephs Plaits Vance Cawley Hess Petmarca Travaglio Coiafeiia Kaiser Preston Van Home Chadwick Honey Petnone Trello Cornell Keller Ramos Veon Civera Hutchinson Phillips Trich Costa Kenney Raymond Vitali Clark Jadiowiec Pippy True Coy Kirkland Readshaw Waiko Ciymer James Pistelia Tuili Curry Krebs Reinard Washington Cohen, M. Josephs Plaits Vance Dailey LaGrotta Riegem Waters Colafelia Kaiser Preston Van Home Daley Laughlin Roberts Wilt ComelI Keller Ramos Veon DaIly Lawless Robinson Wogan Cosia Kenney Raymond Vitali DeLuca Lederer Roebuck Wojnaroski Coy Kirkland Readshaw Waiko Dempsey Leh Rohmer Wright Cu Krebs Remand Washington Dermody Lescovitz Rooney Yewcic Dailey Laurotta Riegen Waters DeWeese Levdansky Ross Youngbiood Daiey Laughlin Roberts Wilt DiGiroiamo Lucyk Rubley Yudichak 1194 LEGISLATIVE JOURNAL-HOUSE JUNE 6
Daily Lawless Robinson Wogan EDUCATION COMMITTEE MEETING DeLuca Lederer Roebuck Wojnanoskt Dempsey Leh Rohrem Wright Deniiody Lescovitz Rooney Yewcic The SPEAKER. Mr. Stairs. DeWeese Levdansky Ross Youngbiood Mr. STAIRS. Thank you, Mr. Speaker. DiGiroiamo Lucyk Rubley Yudichak Announcement for the Education members: Tomorrow our Donatucci Lynch Ruffing Zimmerman Druce Mahem Sainato Zug meeting has been changed from 9:30 to at the first recess. Eachus Maitiand Samuelson I wanted to alert the Education Committee members of the Egoif Major Sanloni change of our meeting time tomorrow. Thank you, Mr. Speaker. Evans Manderino Sather Ryan, Fairchild Mann Speaker The SPEAKER. The Chair thanks the gentleman.
NAYS-O RECESS NOT VOTING-O The SPEAKER. Any further announcements? EXCUS ED-S Hearing none, this House will stand in recess until I p.m., unless called back sooner by the Chair or extended by the Chair. Cappabianca Comnigan Gighotti Williams Cohen.L. I.
RECESS EXTENDED The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was The time of recess was extended until 1:30 p.m. adopted.
GUESTS INTRODUCED AFTER RECESS
The SPEAKER. The Chair is pleased to welcome a special The time of recçss having expired, the House was called to guest to the House today, Mr. Isadore Levin. June 4 was his order. 95th birthday, and believe it or not, he wanted to visit here to shake hands with the Governor of the Commonwealth and the Speaker of the House. I do not think he cared whether it was me BILL REPORTED FROM COMMITTEE, necessarily, but that is what he wanted to do, and I could not be CONSIDERED FIRST TIME, AND more pleased. Let us welcome the gentleman to Harrisburg. He RECOMMITTED TO COMMITTEE ON RULES is standing back in the rear of the House. And I will be back there in a moment when we recess for caucuses. HB 2528, PN 3513 By Rep. GANNON The Chair is pleased to welcome to the hail of the House Mr. Joe Kim, a student at Juniata University, the district intern An Act amending Title 18 Crimes and Offenses of the for Representative Tulli. Would this gentleman please rise. He Pennsylvania Consolidated Statutes, providing for service of order in harassment and domestic relations cases. is in the balcony. There he is. Welcome to Harrisburg. JUDICIARY. REPUBLICAN CAUCUS
The SPEAKER. Mr. Fargo. Mr. FARGO. Thank you, Mr. Speaker. BILLS REPORTED FROM COMMITTEE, There will be a Republican caucus immediately upon the call CONSIDERED FIRST TIME, AND TABLED of the recess. We will plan on coming back after the caucus and after our lunch hour, so that time will be designated by the SB 381, PN 1700 By Rep. GANNON Speaker of the House. Thank you. A Joint Resolution proposing separate amendments to the Constitution of the Commonwealth of Pennsylvania, further providing DEMOCRATIC CAUCUS for rights of accused in criminal prosecutions and for judicial administration. The SPEAKER. Mr. Cohen. Mr. COHEN. Thank you, Mr. Speaker. JUDICIARY. Mr. Speaker, the Democrats will also caucus. We have extensive amendments to HB 14 that will be discussed. There SB 1173, PN 2005 Amended By Rep. GANNON maybe some additional matters, too. I urge the attendance of all An Act amending Title 18 Crimes and Offenses of the members. Pennsylvania Consolidated Statutes, providing for the offense of discharge of a firearm into an occupied structure; and further providing The SPEAKER. It has been suggested that we break until for sale or illegal use of certain solvents. 1 o’clock. I am assuming that is sufficient time to meet the needs of the two caucuses. JUDICIARY. 2000 LEGISLATIVE JOURNAL-HOUSE 1195
SB 1243, PN 2006 Amended By Rep. GANNON DeLuca Lederer Roebuck Wojnaroski Dempsey Leh Rohrer Wright Dermody Lescovitz Rooney Yewcic An Act requiring certain tobacco product manufacturers to place DeWeese Levdansky Ross Youngblood certain moneys into an escrow fund; conferring powers and duties upon DiGimolamo Lucyk Rubley Yudichak the Attorney General and the Department of Revenue; and imposing Donatucci Lynch Ruffing Zimmerman penalties. Druce Maher Sainato Zug Eachus Maitland Samuelson Egolf Major Santoni JUDICIARY. Evans Manderino Sathem Ryan. Fairchild Mann Speaker SB 1275, PN 1630 By Rep. GANNON NAYS-O An Act amending Title 23 Domestic Relations of the Pennsylvania Consolidated Statutes, further providing for the definitions of "designation" and "designator"; and providing for the NOT VOTINGM designation of a standby guardian. EXCUSED-S JUDICIARY. Cappabianca Comrigan Gigliotti Williams Cohen, L. I. SUPPLEMENTAL CALENDAR A
RESOLUTIONS PURSUANT TO RULE 35 The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was Mr. STEVENSON called up HR 517, PN 3635, entitled: adopted.
A Resolution recognizing Columbia Gas of Pennsylvania as an outstanding corporate citizen in Pennsylvania. Ms. STEELMAN called up HR 523, PN 3641, entitled: On the question, Will the House adopt the resolution? A Reso]ution designating the month of June 2000 as "Kiski-Conemaugh River Month" in Pennsylvania; and designating the The following roll call was recorded: week of June 3 through 9, 2000, as "Kiski-Conemaugh River Sojourn Week." YEAS-l96 On the question, Adolph Fargo Markosek Saylor Will the House adopt the resolution? Allen Feese Marsico Schroder Argall Fichter Maslarid Schuler Armstrong Fleagle Mayenitk Scrimenti The following roll call was recorded: Baker Flick McCall Semniel Bard Forcier McGeehan Shanem YEAS-l96 Barley Frankel McGill Smith, B. Bamram Freeman Mctlhattan Smith, S. H. Adolph Fargo Mamkosek Saylor Bastian Gannon Mctlhinney Snyder Allen Feese Mamsico Schroder Batttsto Geist McNaughton Solobay Argall Fichter Masland Schuler Bebko-Jones George Melio Staback Armstrong Fleagle Mayernik Scnimenti Belardi Gladeck Metcalfe Stairs Raker Flick McCall Semme] Belfanti Godshall Michlovic Steetman Bard Fomciem McGeehan Shaner Benninghoff Gordner Micozzie Steil arley Frankel McGill Smith, B Birmelin Gruceta Miller, R. Stem Freeman Mcllhattan Smith, S. H. Bishop Gruitza Miller. S. Stetler Bastian Gannon Mcllhinney Snyder Blaum Habay Mundy Stevenson Batlisto Geist McNaughton Solobay Boyes Haluska Myers Stnttmattem Bebko-Jones George Melio Staback Browne Hanna Nailor Stunla Belardi Gladeck Metcalfe Stairs Bunt Harhai Nickol Sumra Belfanti Godshall Michlovic Steelman Butkovitz Harhart O’Brien Tangretti Benninghoff Gordner Micozzie Steil Buxton Hasay Oliver Taylor, F. Z. Birmelin Grucela Miller, R. Stem Caltagirone Hennessey One Taylor, J. Bishop Gmuitza. Miller, S Stetlem Cam Herman Perzel Thomas Blaum Habay Mundy Stevenson Casorio Hershey Pesci Tigue Boyes Haluska Myers Stnittmatter Cawley Hess Petrarca Tmavaglio Browne Hanna Nailom Sturla Chadwick Homsey Peirone Trello Bunt Harhai Nickol Surra Civera Hutchinson Phillips Tnich Butkovitz Harhart O’Brien Tangretti Clark Jadlowiec Pippy True Buxton Hasay Oliver Taylor. E. Z. Clymem James Pistella Tulli Caliagirone Hennessey One Taylor, J. Cohen, M. Josephs Platts Vance Cam Herman Perzel Thomas Colafella * Kaiser Preston Van Home Casorio Hershey Pesci Tigue Cornell Keller Ramos Veon Cawley Hess Petrarca Travaglio Costa Kenney Raymond Vitali Chadwick Horsey Petrone Tmello Coy Kirkland Readshaw Walko Civera Hutchinson Phillips Trich Curry Icrebs Reinard washington Clark Jadlowiec Pippy True Dailey LaGmotta Rieger Waters Clymer James Pistella Tulti Daley Laughlin Roberts Wilt Cohen, M. Josephs Platts Vance DaIly Lawless Robinson Wogan 1196 LEGISLATIVE JOURNAL-HOUSE JUNE 6
Colafella Kaiser Preston Van Home Cam Herman Perzel Thomas Cornell Keller Ramos Veon Casorio Hershey Pesci Tigue Costa Kenney Raymond Vitali Cawley Hess Petnarca Travaglio Coy Kirkland Readshaw Walko Chadwick Horsey Petrone Trello Curry Krebs Reinard Washington Civera Hutchinson Phillips Tnich Dailey LaGnotta Riegen Waters Clank Jadlowiec Pippy True Daley Laughlin Roberts Wilt Clymer James Pistetla Tulli Daily Lawless Robinson Wogan Cohen, M. Josephs Platts Vance Deluca Ledener Roebuck Wojnaroski Colafella Kaiser Preston Van Home Dempsey Leh Rohrer Wright Come]l Keller Ramos Veon Dermody Lescovitz Rooney Yewcic Costa Kenney Raymond Vitali DeWeese Levdansky Ross Youngblood Coy Kirkland Readshaw Walko DiGirolamo Lucyk Rubley Yudichak Curry Krebs Reinard Washington Donatticci Lynch Ruffing Zimmerman Dailey LaGrotta Rieger Waters Druce Maher Sainato Zug Daley Laughlin Roberts Wilt Eachus Maitland Samuelson Daily Lawless Robinson Wogan Egoif Major Santoni DeLuca Lederer Roebuck Wojnanoski Evans Mandenino Sathen Ryan, Dempsey Leh Rohrer Wright Fairchild Mann Speaker Denniody Lescovitz Rooney Yewcic DeWeese Levdansky Ross Youngblood DiGirolamo Lucyk Rubley Yudichak NAYS-U Donatucci Lynch Ruffing Zimmerman Druce Maher Sainato Zug Eachus Maitiand Samuelson NOT VOTING-U Egoif Major Santoni Evans Mandenino Sather Ryan. EXCUSED-5 Fairchild Mann Speaker
Cappabianca Cornigan Gigliotti Williams NAYS-O Cohen, L. I. NOT VOTING-U voted in affirmative, the question The majority having the EXCUSED5 was determined in the affirmative and the resolution was adopted. Cappabianca Corrigan Gigliotti Williams Cohen, L. I.
Mr. PISTELLA called up HR 524, PN 3642, entitled: The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was A Resolution commending the veterans of the United States Army, adopted. the United States Navy and the United States Marine Corps and honoring the men and women of the armed forces who lost their lives during World War ii. CALENDAR CONTINUED
On the question, BILLS ON THIRD CONSIDERATION Will the House adopt the resolution? The House proceeded to third consideration of HB 2200, The following roll call was recorded: PN 3595, entitled:
YEAS496 An Act amending the act of December 22, 1983 P.L.306, No.84, known as the Board of Vehicles Act, further defining "franchise"; and Adolph Fargo Markosek Saylon further providing for powers and duties of the State Board of Vehicle Allen Feese Marsico Schnoden Manufacturers, Dealers and Salespersons, for protest hearing decision Argail Fichier Masland Schuler within 120 days unless waived by the parties, for reimbursement for all Armstrong Fleagle Mayernik Scnmenti parts and service required by the manufacturer or distributor, for Baker Flick McCall Semmei reimbursement audits, for unlawful acts by manufacturers or Bard Forcier Mcoeehan Shaner distributors, for restriction of manufacturer invoking a right of first Barley Fnankei McGill Smith, B. Barran Freeman Mclihattan Smith, S. H. refusal and for limitations on establishing or relocating dealers. Bastian Gannon Mcllhinney Snyder Battisto Geist McNaughton Solobay On the question, Bebko-Jones George Melio Staback Will the House agree to the bill on third consideration? Belandi Gladeck Metcalfe Stains Belfanti Godshall Michiovic Steelman Bill was agreed to. BenninghofT Gondner Micozzie Steil Birmelin Grucela Miller, R. Stern The SPEAKER. This bill has been considered on three Bishop Gruitza Miller, S. Stetlen Blaum Habay Mundy Stevenson different days and agreed to and is now on final passage. Boyes Haluska Myers Strittmatien The question is, shall the bill pass finally? Browne Hanna Nailor Stunla Agreeable to the provisions of the Constitution, the yeas and Bunt Hanhai Nickol Sunra Butkovitz Harhant O’Brien Tangretti nays will now be taken. Buxton Hasay Oliver Taylor, F. Z. Caltaginone Hennessey One Taylor,. Members proceeded to vote. 2000 LEGISLATIVE JOURNAL-HOUSE 1197
PARLIAMENTARY INQUIRY Donatucci Lynch Ruffing Zimmerman Druce Mahen Sainato Zug Eachus Maitland Samuelson * The SPEAKER. Mr. George, for what purpose do you rise? Egolf Major Santoni Ryan, Mr. GEORGE. Personal inquiry, Mr. Speaker. Evans Manderino Sather Speaker The SPEAKER. The only thing in order now is the taking of Fairchild the roll. Mr. GEORGE. That is why I want to ask you whether I NAYS-U would be in conflict to vote on this bill. The SPEAKER. The gentleman will state his point. NOT VOTING-I Mr. GEORGE. Well, being involved with a dealership, this Mayernik pertains to automobile franchises. It is a well worthy bill, and it keeps these manufacturers from doing things that will not be in EXCUSED-S the best interest of the consumers, but because I am involved with that facility back in my hometown, I am asking you for a Cappabianca Corrigan Gigliotti Williams ruling of whether I should vote on this or not. Cohen. L. I. The SPEAKER. You should vote. You have no conflict. This is a bill that is generic. It applies to an entire class, and it is not specific as to you. So you may vote free of any conflict, in the The majority required by the Constitution having voted in opinion of the Chair. the affirmative, the question was determined in the affirmative Mr. GEORGE. I thank the gentleman. and the bill passed finally. The SPEAKER. The Chair thanlcs the gentleman. Ordered, That the clerk present the same to the Senate for concurrence. On the question recurring, Shall the bill pass finally?
The following roll call was recorded: The House proceeded to third considetion of RB 2152, PN 3416, entitled: YEAS-195 An Act amending the act of August 21, 1953 P.L. 1323, No.373, Adolph Fargo Mann Saylon known as The Notary Public Law, further providing for limitation on Allen Feese Markosek Schroder powers and for fees. Angatl Fichter Marsico Schulen Armstnong Fleagle Masland Scnimenti Baken Flick McCall Semmel On the question, Bard Forcien McGeehan Shaner Will the House agree to the bill on third consideration? Banley Frankel McGill Smith, B. Banran Freeman McI ihattan Smith, S. H. Bastian Gannon McI Ihinney Snyder Mr. GEORGE offered the following amendment No. Battisto Geist McNaughton Solobay A2 163: Bebko-Jones George Melio Staback Belardi Gladeck Metcalfe - Stains Belfanti Godshalt Michlovic Steelman Amend Sec. 2 Sec. 19, page 2, line 21, by striking out the Benninghoff Gardner Micozzie Steil brackets before and after "; Fees" Binmelin Grucela Miller, R. Stern Amend Sec. 2 Sec. 19, page 2, line 21, by striking out the Bishop Gruitza Miller, S. Stetlen bracket before "a" Blaum 1-labay Mundy Stevenson Amend Sec. 2 Sec. 19, page 3, line 7, by striking out the Boyes Haluska Myers Strittmatten bracket after "clerk." Browne 1-lanna Nailon Sturla Bunt Harhai Nickol Surra Amend Sec. 2 Sec. 19, page 3, by inserting between lines 21 Butkovitz Harhart O’Brien Tangretti and 22 Buxton Hasay Oliver Taylor. E. Z. f Subsections al. b and c shall not apply to any bank, Caltaginone Hennessey One Taylon, J. banking institution or trust company that in the normal course of their Cart, Herman Perzel Thomas business cashes checks for their customers and cashes checks issued by Casorio Hershey Pesci Tigue Cawley Hess Petnarca Travaglio the Federal Government and the Commonwealth without a fee. These Chadwick Horsey Petrone Trello institutions may require proper identification and follow procedures to Civena Hutchinson Phillips Trich ensure that the check is not forged or altered. Clark Jadlowiec Pippy True Clymer James Pistella Tulli Cohen, M. Josephs Platts Vance On the question, Cotafella Kaiser Preston Van Home Will the House agree to the amendment? Comell Keller Ramos Veon Costa Kenney Raymond Vilali Coy Kirkland Readshaw Walko The SPEAKER. On the question of the adoption of the Curry ICrebs Remand Washington George amendment, Mr. George is recognized. Dailey LaGnotta Riegen Waters Mr. GEORGE. Mr. Speaker, HB 2152 serves one purpose, Daley Laughlin Roberts Wilt Daily Lawless Robinson Wogan and that is to save the banks money. There are a lot of people DeLuca Lederen Roebuck Wojnaroski out there that you yourselves have sponsored to become notaries Dempsey Leh Rohrer Wright public. Now, the banks want to be able to do this on their own. I Dermody Lescovitz Rooney Yewcic DeWeese Levdansky Ross Youngblood am not arguing the case, but I am saying, if we are going to save DiGirotamo Lucyk Rubley Yudichak them money, maybe they should save us money. So what I am 1198 LEGISLATIVE JOURNAL-HOUSE JUNE 6
saying in this amendment is that if an individual goes into that upon Which it is written. Therefore, Mr. Speaker, we forget that bank with a government check - State, Federal, or local - the there are a lot of millions of dollars in those banks’ coffers that bank should be mandated to cash that check. Some of them are no interest is paid on. The Commonwealth of Pennsylvania puts turning that down. I feel if we are doing this as a favor for them, in $11 million a day in the various banks in this they should honor the fact that the State of Pennsylvania, the Commonwealth, and for 36 hours, they get no interest. All I am Commonwealth, or the Federal government, when they pay a saying is, if you do not want to help your consumers and you check, that check has backing and it has purpose and they want to continue to help the banks, I guess that is your business, should be cashing it. Thank you, Mr. Speaker. but I think it is my business and my obligation to try to help these ordinary people that are being turned down, and, LEAVE OF ABSENCE Mr. Speaker, while we are at it, if we live another couple of years, you will find out there will not be any checking business, The SPEAKER. The Chair, prior to taking this vote, returns and then maybe these people that know everything about a bank to leaves of absence and recognizes the minority whip, who will know that about 70 percent of the money coming out of asks that the gentleman, Mr. PISTELLA, be placed on leave for Washington is coming electronically, and so, Mr. Speaker, I the balance of today’s session. Without objection, the leave will look around; I think maybe there are a lot of people that ought be granted. The Chair hears no objection. to stand up and join me, but they are just probably- I am looking at you, Mr. Speaker. The SPEAKER. I am looking at you. CONSIDERATION OF HB 2152 CONTINUED Mr. GEORGE. Mr. Speaker, it is a good thing I do for the people in Pennsylvania, and I believe it would be a good thing Mr. - The SPEAKER. Allen. that you do if you would support this amendment. I do not know ALLEN. Thank you, Mr. Speaker. Mr. whom it will hurt, but I know whom it will help. I ask that we amendment. I rise to oppose this support this amendment. We here in Pennsylvania are trying to move to a free The SPEAKER. The gentleman, Mr. Hasay, is on enterprise recognized enterprise system, and that free system should not be the George amendment. restricted. This is a notary public bill, and in no way does this Mr. HASAY. Thank you, Mr. constituent which Speaker. directly affect the individual from choosing Mr. Speaker, I rise to at this time oppose the bank he would like to cash his check in. George amendment, and I rise because of the fact of the check under Pennsylvania law to allow No bank should be required fraud that is out there in this Commonwealth. The House free check cashing on the basis of whether it is a State or a Commerce Committee had hearings last summer with regard Federal check. The priority is that the citizen, if he does not like to check cashing, and we had the FBI and we had the bank. or is refused by one bank, can go to another It is a Secret Service here. The Secret Service is in Harrisburg and the believe that this amendment is free enterprise system, and I FBI as well doing work on check fraud cashing. Many of those anti-free trade. checks, with the new computers and imaging machines that they The SPEAKER. On the question, Mr. Clymer. have today, can easily counterfeit a check, and many of those Speaker. Mr. CLYMER. Thank you, Mr. checks were both Federal and State checks. In one day, two Mr. Speaker, the bill came out of State Government. We did people cashed $24,000 of counterfeit checks in the Harrisburg work with the banking industry and with the Department of area. grounds when we State to make sure that we were on proper So at this time, Mr. Speaker, until that work is resolved were looking at the bill, and we do have an agreement. The bill and done, I am asking to oppose the amendment. Thank you, did come out of State Government, I believe, by a unanimous Mr. Speaker. vote. Another provision in the bill - I know that we are looking at On the question recurring, if just add a moment and talk about the amendment, but I could Will the House agree to the amendment? the bill and why we should vote for it without the amendment- The SPEAKER. Mr. Clymer. The following roll call was recorded: Mr. CLYMER. Yes. The SPEAKER. The question before the House is the YEAS-73 adoption or rejection of the amendment. Mr. CLYMER. Thank you, Mr. Speaker. Battisto George Mundy Steelman Mr. Speaker, I stand to oppose the George amendment. The Bebko-Jones Grucela Myers Steil Betardi Haluska Oliver Sturla previous speaker articulated some of the reasons I had, and I Blaum Horsey Petrarca Sunra had a few more that I was going to add, but I would ask the Butkovitz James Petnone Tangretti members to vote "no" on the George amendment. Thank you Cam Josephs Preston Tigue Casonio Keller Ramos Travaglio very much. Cawley Kirkland Riegen TrelIo The SPEAKER. Mr. George. Cohen, M. Laughlin Roberts Trich Mr. GORGE. Thank you, Mr. Speaker. Colafella Lawless Robinson Veon Costa Ledenen Roebuck Vitali Mr. Speaker, maybe I should expect what I heard; I do not Curry Levdansky Rooney Walko know. But we should not only be supportive of banks and the Daley Lucyk Samueison Washington free enterprise system; we ought to be supportive of those DeLuca Manderino Sanloni Waters Dermody . Mann Scnimenti Wojnaroski people that are being charged $2 and $3, because under the law, DeWeese McGeehan Shaner Yewcic the law insists that no one needs to cash a check except the bank Donatucci Melio Solobay Youngblood 2000 LEGISLATIVE JOURNAL-HOUSE 1199
Evans Michlovic Staback Yudichak Barley Frankel McGeehan Smith. B. Freeman . Barran Freeman McGill Smith, S. H. Bastian Gannon Mcllhattan Snyder Battisto Geist Mcllhinney Soiobay NAYSA21 Bebko-Jones George McNaughton Staback Belardi Gladeck Melio Stairs Adolph Fargo Mallen Ruffing Belfanti Godshall Metcalfe Sieelman Allen Feese Maitiand Sainato Benninghoff Gondner Michiovic Steil Argall Fichter Major Saiher Birmelin Grucela Micozzie Stern Armstrong Fleagle Mankosek Saylor Bishop Gnuitza Mitten, R. Stetien Baker Flick Mansico Schroder Blaum Habay Miller, S. Stevenson Bard Forcien Masland Sdhulen Boyes Haluska Mundy Strittmatten Barley Frankel Mayemik Semmel Bnowne Hanna Myers Stunla Banrar Gannon McCalt Smith, B. Bunt Harhai NatIon Sunra Geist McGill Smith. S. H. Butkovitz Harhant Nickol Tangretii Bastian Taylor, Belfanti Gladeck Mcllhattan Snyder Buxton Hasay O’Bnen E. Z. Caltaginone Hennessey Oliver Taylor, J. Benninghoff Godshall McI Ihinney Stains Cam Herman One Thomas Binmelin Gondnen McNaughton Stem Casonio Hershey Penzel Tigue Boyes Gruitza Metcalfe Stetlen Cawley Hess Pesci Tnavaglio Bnowne Habay Micozzie Stevenson Chadwick Honsey Peirarca Trello Bunt Hanna Miller. R. Strittmatter Civena Hutchinson Petrone Tnich Buxton Hanhai Millen, S. Taylor, E. Z. Clark Jadlowiec Phillips True Caltagirone Hanhart Nailon Taylor, 3. Clymen James Pippy Tulli Chadwick Hasay Nickol Thomas Cohen, M. Josephs Platts Vance Civera Hennessey O’Brien True Colafella Kaiser Preston Van Home Clark Herman One Tulli Cornell Kelten Ramos Veon Clymer Hershey Perzel Vance Costa Kenney Raymond Vitati Cornell Hess Pesci Van Home Coy Kinkland Readshaw Walko Coy Hutchinson Phillips Wilt Curry Knebs Reinard Washington Dailey Jadlowiec Pippy Wogan Dailey LaGnotta Riegen Waters Daily Kaiser Platts Wright Daley Laughlin Roberts Wilt Dempsey Kenney Raymond Zimmerman Daily Lawless Robinson Wogan Krebs Readshaw Zug DeLuca - Lederer Roebuck Wojnanoski DiGinolamo Dempsey Leh Rohnen Wright Dnuce LaGnotta Remand Denmody Lescovitz Rooney Yewcic Eachus Leh Rohnen DeWeese Levdansky Ross Youngbtood Egoif Lescovitz Ross Ryan, DiGirolamo Lucyk Rubley Yudichak Fatnchild Lynch Rubley Speaken Donatucci Lynch Ruffing Zimmerman Druce Mahen Sainato Zug NOT VOTIING-.-1 Eachus Maitland Sarnuelson Egoif Major Santoni Ryan, Evans Mandenino Sathen Speaker Bishop Fainchild
EXCUSED-6 NAYS-O Cappabianca Corrigan Pistella Williams Cohen, L. t. Gigliotti NOT VOTING-0
EXCUSED-6 Less than the majority having voted in the affirmative, the Williams question was determined in the negative and the amendment Cappabianca Connigan Pistella Cohen, L. I. Gigliotti was not agreed to.
On the question recurring, The majority required by the Constitution having voted in Will the House agree to the bill on third consideration? the affirmative, the question was determined in the affirmative Bill was agreed tO and the bill passed finally. Ordered, That the clerk present the same to the Senate for The SPEAKER. This bill has been considered on three concurrence. different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and will now be taken. nays The House proceeded to third consideration of fiB 2503, PN 3498, entitled: The following roll call was recorded: An Act designating a portion of U.S. Route I in Philadelphia YEA&..195 County as the Police Officer Daniel Faulkner Memorial Highway. Adolph Fargo Mann Saylon Allen Feese Mankosek Sdhnoder On the question, Argalt Fichter Marsico Schulen Will the House agree to the bill on third consideration? Armstrong Fleagle Masland Scnimenii Bill was agreed to. Baker Flick Mayennik Semmel Bard Foncien McCall Shaner 1200 LEGISLATIVE JOURNAL-HOUSE JUNE 6
The SPEAKER. This bill has been considered on three Ordered, That the clerk present the same to the Senate for different days and agreed to and is now on final passage. concurrence. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and BILLS ON SECOND CONSIDERATION nays will now be taken. The following bills, having been called up, were considered The following roll call was recorded: for the second time and agreed to, and ordered transcribed for third consideration: YEAS-l 95
Adolph Fargo Mann Saylon SB 1439, PN 1944; SB 1358, PN 1999; and SB 300, Allen Feese Markosek Schroder PN 1993. Argall Fidhter Marsico Sdhulen Armstrong Fleagle Masland Scrimenti Baker Flick Mayemnik Semmel BILLS ON THIRD CONSIDERATION Bard Forejer McCall Shaner Barley Frankel McGeehan Smith, B. Barrar Freeman McGill Smith. 5. H. BILL PASSED OVER Bastian Gannon Mcllhattan Snyder Battisto leist Mcllhinney Solobay The SPEAKER. HR 2055 is over. Bebko-Jones George McNaughton Staback Belardi Giadeck Melio Stains Belfanti Godshall Metcalfe Steelman Benninghoff Gondner Michlovic Steil Binmelin Gnucela Micozzie Stem Bishop Gruitza Miller, R. Stetler The House proceeded to third consideration of SB 1417, Blaum Habay Miller, S. Stevenson PN 1946, entitled: Boyes Haluska Mundy Stnittmatten Browne Hanna M’ens Sturla An Act amending the act of December 13, 1999 P.L.905, No.57, Bunt Harhai Nailor Surra known as the Drought, Orchard and Nursery Indemnity and Flood Butkovitz Harhant Nickol Tangretti Relief Act, further providing for drought relief and for appropriations. Buxton Hasay O’Brien Taylor, E. Z. Caltagirone Hennessey Oliver Taylor, J. Cam Herman One Thomas On the question, Casonio Hershey Perzel Tigue Will the House agree to the bill on third consideration? Cawley Hess Pesci Tnavaglio Chadwick Horsey Petrarca Trello Civena Huichinson Petrone Tnich The SPEAKER. The Chair recognizes the gentleman, Clark Jadlowiec Phillips True Mr. Daley, who I am told has six amendments. Do you intend to Ctymer James Pippy Tutu Cohen, M. Josephs Platts Vance offer all six, or do you withdraw some ofthem? Colafella Kaiser Preston Van Home Cornell Keller Ramos Veon On the question recurring, Costa Kenney Raymond Vitali Coy Kirkland Readshaw Walko Will the House agree to the bill on third consideration? Curry Krebs Reinard Washington Dailey LaGrotta Rieger Waters Mr. DALEY offered the following amendment No. A260 1: Daley Laughlin Roberts Wilt Daily Lawless Robinson Wogan DeLuca Lederer Roebuck Wojnaroski Amend Title, page 1, line 10, by removing the period after Dempsey Leh Rohrer Wright "APPROPRIATIONS" and inserting Yewcic Denmody Lescovita Rooney ; establishing the Small Disaster Assistance Fund; authorizing the DeWeese Levdansky Ross Youngblood transfer of funds; and imposing duties on the Pennsylvania Emergency DiGirolamo Lucyk Rubley Yudichak Donatucci Lynch Ruffing Zimmerman Management Agency and the Legislative Reference Bureau. Dnuce Maher Sainato Zug Amend Sec. I, page I, line 16, by striking out Eachus Maitland Samuelson "SECTIONS 302C AND 5102" and inserting Egoif Major Santoni Ryan, The title and section 302c Evans Mandenino Sathen Speaker Fairchild Amend Sec. I, page I, by inserting between lines 18 and 19 AN ACT Providing for emergency drought relief, for commercial orchard and NAYS4 fruit tree nursery indemnity, for grants for flood damage and for powers and duties of the Department of Agriculture; establishing NOT VOTING-O the Supplemental Individual Assistance Program; providing for payment of the Commonwealth’s share to secure individual EXCUSED-6 assistance from the Federal Government; establishing the Small Disaster Assistance Fund and making appropriations. Cappabianca Corrigan Pistella Williams Amend Bill, page 2, by inserting between lines 16 and 17 - Cohen. L. I. Giglionri Section 2. The act is amended by adding a chapter to read: CHAPTER 9 PENNCRISIS The majority required by the Constitution having voted in Section 901. Legislative findings. was determined The General Assembly finds that many communities in this the affirmative, the question in the affirmative Commonwealth frequently are subject to natural and manmade and the bill passed fmally. 2000 LEGISLATIVE JOURNAL-HOUSE 1201 disasters which cause significant damage and disruption in the life of i Fited equipment. the community but which are not of sufficient magnitude to qualify for ii Maior moveable equipment. Federal disaster assistance programs. Nevertheless, these losses are of iii Fumishings. considerable importance to those directly affected and their iv Real property. communities and to the health and welfare of the citizens of this v Leasehold improvements. Commonwealth’s many small communities. vi Inventory, if it can be shown that an Section 902. Definitions. insurance policy at a reasonable premium in relation to The following words and phrases when used in this chapter shall value was not available to replace the inventory. have the meanings given to them in this section unless the context 3 At the discretion of the Department of Community clearly indicates otherwise: and Economic Development, individual business loans may be "Agency." The Pennsylvania Emergency Management Agency. increased u to 150% of eligible repair or replacement costs to "Fund." The Small Disaster Assistance Fund created under this assist in business retention and recovery. The sum of all business chapter. loans may not exceed more than one-half of all funds available "Small disaster." An event which nesults in total uninsured for expenditure in the PENNCrisis fund in any fiscal year. losses, for all individuals, businesses and municipalities, of not more b Municipal loans.-Municipal and county loans may be used than $2,000,000; which occurred after June 30, 1999; and which for repairing or replacing all of the following when lost or seriously involves: - damaged due to a small disaster: I damage exceeding 40% of the value of a structure I Buildings. and contents of at least five homes or two businesses; 2 Major equipment other than vehicles, plows, 2 lossoflife;on backhoes and similar gasoline or diesel nowered mobile 3 total estimated damages of at least $250,000 to machinery. public facilities. 3 Office machines. Section 903. Small Disaster Assistance Fund. 4 Streets. a Fund created-There is created within the PENNCnisis 5 Water and sewer lines. program a Small Disaster Assistance Fund to assist the victims of 6 Recreational facilities. natural and manmade disasters with low-interest loans and grants. Section 906. Residential loans. Assistance shall not be available to a person that owns property within a General rule-Residential loans may be made only for the a 100-year flood plain and that does not have flood insurance. All loan replacement or repair of the structure of a primary residence and must repayments shall be placed in the fund to be used for the purposes of be secured by a mortgage on the real property that is the subject of the this act. loan. Tenants who have been forced from a primary rental residence by b Coordination and administration of fund-All field and other a small disaster are eligible for loans to purchase a home approximately activities of the fund shall be coordinated by the agency, including equivalent to their prior residence in size but no smaller than budgetary allocations from the PENNCnisis Fund to the various obiects 400 square feet per individual of interior living space. of PENNCrisis and reports to the General Assembly on program b Exception-Repairs to landscaping, ponds, pools and performance and needs. Final authority on all individual requests for outbuildings are not eligible for PENNCrisis funding, except to assistance from the fund shall rest with the administering agencies. respond to serious hazards resulting from small disaster damage. Program elements of the fund shall be administered as follows: Section 907. Grants to small disaster victims. I For residential housing needs, the Pennsylvania a Residential loans-Persons, including tenants, who have lost Housing Finance Agency. clothing, fumiture, appliances, fumaces, hot water heaters or other 2 For residential contents and vehicles, the Department contents of their primary residences as the result of a small disaster of Public Welfare. shall be eligible for low-interest loans not to exceed $7,500 per person 3 For business and municipal programs, the in multiperson households and not to exceed $15,000 in single person Department of Community and Economic Development. households. The total amount per household shall not exceed $25,000. c Small disaster declarations-A county emergency The interest rate for such loans shall be the current cost of living in the manacement director may petition the agency for a declaration of a year of the event. small disaster. The agency’s determination on the petition shall be b Residential grants-In the event that individual financial deemed a final order, subiect to review under 2 Pa.C.S. Ch. 7 Subch. A circumstances indicate that a person incurring losses described in relating to iudicial review of Commonwealth agency action. subsection a does not reasonably have the ability to repay such Section 904. Low-interest loans to small disaster victims. additional indebtedness, the administering agency may convert some or All loans shall bear interest for the entire term at a rate no greater all of the amounts permitted by subsection a to grants. than the annual cost of living in the year in which the loan is granted. c Excess loans.-For documentable losses exceeding the Interest rates shall be reviewed by the administering agency at the amounts specified in subsection a, the administering agency may beginning of each fiscal year based on guidance from the Office of the make loans to individuals at an interest rate twice the current cost of Budget and adiusted in accordance with the prior year’s cost of living. n. All loans shall cover only that portion of loss not covered by insurance. d Contents limitations-Loans and grants for contents under Loans to businesses and residential loans shall be extended to this section shaH not exceed one-third of estimated market value of the incorporate existing debt on the real property and contents. residence prior to the small disaster. Section 905. Business and municipal loans. e Exclusions-Personal items eligible for residential grants and a Business loans.- loans shall not include jewelry or other luxury items and sporting I Loans to businesses and municipalities shall be for a equipment. term of no more than 15 years, except where the term is extended Section 908. Small disaster mitigation loans and grants. by hardship suspensions of payments. Business loans shall be a General rule.-Municipalities affected by a small disaster may secured by a mortgage on real property of the business or other apply for loans and grants to rectify conditions or inadequate public suitable collateral. facilities that led directly to the small disaster or contributed 2 Business loans may be used to repair or replace all of substantiaIly to its occurrenee or the inability of local officials to bring the following when lost or seriously damaged due to a small the damage under control. Subjects of such assistance shall include, but disaster: are not limited to. the following: 1202 LEGISLATIVE JOURNAL-HOUSE JUNE 6
I Missing or inadequate storm sewers or other water sections shall be deployed by each administering agency in response to management structures, including work within stream channels. a declared small disaster, as directed by the agency. These personnel 2 Inadequate fire hydrants or related water lines. shall also be available to the agency at the direction of the Governor to 3 Watershed plans. respond to any major disaster in this Commonwealth. 4 Engineering studies and designs necessary to effect b Fn4jngforsZaff.-Th_atency and each administering mitigation improvements. agency shall receive $1,000,000 annually, or as much thereof as is b Limitation-Small disaster mitigation assistance may be used necessary, from the PENNCrisis Fund to create a permanently staffed only for municipally owned or controlled improvements. Firefighting small disasten response team. When each agency’s small disaster apparatus and other emergency services equipment and vehicles, response team is deployed on assignment, the coordinating agency including trucks, tankers and other vehicles, are not eligible for shall reimburse the agency from the PENNCrisis Fund for standard and mitigation assistance. necessary travel and living costs for each team deployed to the small c Chronic flooding.-The coordinating agency may consult with disaster. Expenditures under this category shall not exceed 10% of the the Department of Environmental Protection to identify areas of revenue received by the PENNCrisis Fund in a fiscal year. chronic flooding that result in frequent damage to communities but c Authority to approve expenditures-In response to any small which do not rise to the level of a small disaster. The coordinating disaster, the agency shall have final authority to approve expenditures agency, in èonjunction with the Department of Environmental of PENNCrisis funds for any additional purposes it deems necessary to Protection, may use up to 25% of the PENNCrisis Fund annual small disaster recovery unless the uses are specifically prohibited by revenue, exclusive of carryover reserves, to provide grants and loans to this chapter. municipalities to correct such conditions. Assistance shall follow the Section 911. Insurance coverage. fonmula set forth in subsection e. All loan recipients shall maintain adequate property insurance d Hazard mitigation-Hazard mitigation loans and grants shall coverage for the full value of the subiect property for the term of the be subject to the following: disaster assistance loan and shall include flood insurance coverage if I Grants for hazard mitigation work shall be no more the property is located within a 100-year flood plain. than $5,000,000 per event. Section 3. Section 5102 of the act is amended to read: 2 Low-interest loans shall be available for the balance Amend Sec. I Sec. 5102, page 4, by inserting between lines 4 of project work not covered by a mitigation grant. and 5 3 Hazard mitigation loans shall bear interest at a rate g PENNCnisis.-The sum of $10,000,000. or as much thereof as fixed at the current year’s cost of living and shall be for a term of may be necessary, is hereby appropriated to the Small Disaster 20 years. Assistance Fund for the fiscal year July I. 2000. to June 30. 2001. to e Formula-Grants and loans shall be awarded on the following carry out the provisions of Chapter 9. formula: Amend Bill, page 4, line 5, by striking out all of said line and I Municipalities with median per capita personal inserting income greater than 20% above the State median per capita Section 4. When the Pennsylvania Emergency Management personal income for the preceding year shall be eligible for a Agency determines that Federal legislation is in effect to prohibit the mitigation grant of 50% of total project costs. Federal Emergency Management Agency from considering the 2 Municipalities with median per capita personal existence of state small disaster funds in the recommendation of a income of between 20% less than and 20% greater than the State presidential declaration of a major disaster, the Pennsylvania median per capita personal income for the preceding year shall be Emergency Management Agency shall transmit to the Legislative eligible for a mitigation grant of 60% of total proiect cost. Reference Bureau a notice of the determination for publication in the 3 Municipalities with median per capita personal Pennsylvania Bulletin. income more than 20% less than the State median per capita SectionS. Until publication of the notice under section 4 of this personal income for the preceding year shall be eligible for a act, the Governor is authorized to transfer, under 35 Pa.C.S. § 7307 mitigation grant of 70% of total project cost. relating to use and appropriation of unused Commonwealth funds, up Section 909. The PENNCrisis Fund. to $10,000,000, for loans and grants in accordance with sections 904 There is established under the jurisdiction of the agency a fund to through 908 of the act. This section constitutes action by the be called the PENNCrisis Fund. General Assembly under 35 Pa.C.S. § 7307 to permit exceeding 1 Beginning with surplus revenues received during the the figure set forth in 35 P&C.S. § 7307. This section shall expire 1999-2000 fiscal year, revenue for the PENNCnisis Fund shall be June 30, 2001. generated by reserving the greater of 5% or $10,000,000 of each Section 6. This act shall take effect as follows: year’s surplus revenues to the Commonwealth generated by all I The following provisions shall take effect taxes and fees deposited into the General Fund. July 1,2000, or immediately, whichever is later: 2 In a fiscal year, the balance of the PENNCrIsis Fund i The addition of sections 901, 902, 904, 905, shall not exceed $100,000,000; and the sum available for 906, 907, 908 and 911 of the act. expenditure shall not exceed $50,000,000. ii Sections of this act 3 Revenue shall be placed into a dedicated fund 2 The following provisions shall take effect upon reserved for the programs authorized under the PENN Crisis publication of the notice under section 4 of this act: Fund. Deposits into the fund shall not lapse but be carried i The amendment of the title of the act. forward from year to year. Up to one-half of funds on reserve and ii The addition of sections 903, 909 and 910 of to be earned by the end of any fiscal year may be used to pay the the act. Commonwealth’s matching share for any major disaster declared iii The addition of section 5 102g of the act. eligible for Federal assistance by the President of the 3 The remainder of this act shall take effect United States. The need for Federal matching funds for any immediately. specific major disaster event may not encumber PENNCrisis revenues in years beyond the year of the major event. On the question, Section 910. Training, administration and operations. Will the House agree to the amendment? a Specialized staff.-The agency and each administering agency under section 903 shall recruit, train and develop staff specializing in The SPEAKER. On the question of the adoption of this small disaster assistance in their respective program areas. The staff amendment, the Chair recognizes the gentleman. Mr. Daley. 2000 LEGISLATIVE JOURNAL-HOUSE 1203
Mr. DALEY. Thank you, Mr. Speaker. Governor to use that spending authority to assist in small Mr. Speaker, for the State’s farmers, last year was a pretty disasters until congressional action enables the creation of our bad year as far as the weather was concerned. For the rest of the permanent program of small disaster assistance. State’s 10.5 million residents, it was just about like any other Mr. Speaker, this is not a program designed to help those year - lots of flash floods and tornadoes and winter storms who will not pay their fair insurance bills. PENNCrisis causing millions of dollars in damages for families, businesses, specifically prohibits aid to any property owner in a flood-prone and municipalities; most of them not eligible for Federal zone who has not purchased flood insurance; secondly, it disaster assistance. requires adequate insurance on recovery-aided properties; and it Mr. Speaker, last December we stood here together in this provides, thirdly, aid only above the level of insured losses. chamber and agreed that we all wanted to help our farmers, and This is not another program just to help the poor. All of the we agreed that we all wanted to help the other 10.5 million assistance for household and personal belongings is determined Pennsylvanians who are not- to be a grant or loan based upon a disaster victim’s overall The SPEAKER. Will the gentleman yield; will the ability to repay, not on a poverty-based income or means test. gentleman please yield. What this particularly means is that a middle-class homeowner There are entirely too many independent conversations going who is fully obligated to existing debts is just as eligible for a on on the floor. The conference in the vicinity of the gentleman, disaster grant for household belongings as is a poor person of Mr. Daley, will please break up. limited means. The center aisle, members in conference towards the rear of This is not a giveaway to the poor communities. Grants for the House in the center aisle, please break up. hazard mitigation begin at 50 percent for the wealthiest Mr. Daley. communities and scale up to 70 percent for the poorest Mr. DALEY. Thank you, Mr. Speaker. communities. When was the last time that a prosperous Mr. Speaker, last December we stood here together in this community in Pennsylvania got a 50-percent grant for anything? chamber and agreed that we all wanted to help our farmers, and This is not a program that ignores the needs of business. we all agreed that we wanted to help the other 10.5 million Low-interest recovery loans can rise to 150 percent of Pennsylvanians who are not farmers but who suffer damages replacement costs if necessary to preserve the health of the firm. from the weather year in and year out. Mr. Speaker, because of Small businesses can receive grants for the loss of furnishings factors like increased suburban development; inadequate stream and equipment. maintenance, and so on, all 67 of Pennsylvania’s counties are Mr. Speaker, when major storms hit Pennsylvania last year, now officially defined as "flood prone" by the National Weather only those living in the worst hit counties could apply for Service. The Commonwealth avenges about eight flash floods Federal assistance under our Presidential declaration. Hundreds per month that are large enough to be recorded as official of those who were affected by that same storm, such as weather events. Representative Fairchild’s district, could not even apply. That is So, Mr. Speaker, we unanimously added a small disaster who we want to help. We now have flash floods far from any assistance program to the farm drought bill, 58 1135. However, * flood plain. We now have tornadoes where no one can Governor Ridge told the Senate that the existence of a remember having tornadoes 40 or 50 years ago. These are the small disaster fund might disadvantage the State during a major disasters where we want to help, where we think government disaster if the Federal government insisted that our fund must be should help. spent before a Presidential declaration would be considered. I not only seek your support for this amendment today; Although FEMA, the Federal Emergency Management Agency, I ask your support in lobbying your State Senator when this bill told us in writing that they had no intention whatsoever or a goes across the hall to retain the provisions of SB 1417 so that record of making such a demand, they could not categorically we no longer have to shrug our shoulders when the Federal state that any future President would not change that policy. So government cannot help our constituents. the Senate stripped out the PENNCrisis language from the bill, I ask for an affirmative vote, Mr. Speaker, on sent it back, and went home, case closed. amendment 2601. In the intervening months, we have met with Congressman The SPEAKER. The Chair thanks the gentleman. Shuster, the chairman of the Federal Emergency Management The Chair recognizes the gentleman, Mr. Fairchild. Agency oversight committee, as well as Congressman Mr. FAIRCHILD. Thank you, Mr. Speaker. Frank Mascara, who has promised to insert an amendment Mr. Speaker, I rise to support this amendment. barring FEMA from making a spend-down demand on State I think it is very important to every community in small disaster hinds. Because that may happen this month, next Pennsylvania. What it will provide is a fallback position should month, or next spring, we have included a provision in this an event occur in your district that is not covered by the Federal amendment which holds the effective date of the creation of this Disaster Assistance Act. You might say, well, what does it program until Congress enacts such protection. matter? Well, we wish we could control how disasters happen, Because of the extraordinary size of this year’s General Fund but it is not that simple. Sometimes they come through and just surplus, we also have revised the funding formula for the certain small areas are affected, but the people that are affected, program from 20 percent of the surplus that we asked for they have the same results as a disaster that comes through and originally down to 5 percent, to yield a more modest beginning affects a broad range of areas. for this new program. So I am asking that you really take a look at this. This is not And fmally, because some authority already exists in State a new idea. It has been around, it has been researched, it has law for disaster spending by the executive branch, we have been fine-tuned, and it is a good amendment, and I ask for your extended the existing authority under Title 35 to permit the support. Thank you, Mr. Speaker. 1204 LEGISLATIVE JOURNAL-HOUSE JUNE 6
The SPEAKER. Mr. Michiovic. CONSIDERATION OF SB 1417 CONTINUED Mr. MICHLOVIC. Thank you, Mr. Speaker. Mr. Speaker, I. too, rise to support the Daley amendment. The SPEAKER. The gentleman, Mr. Cawley. If you recall, we approved this amendment or a version of it Mr. CAWLEY. Thank you, Mr. Speaker. some time ago when we first addressed the issues in this bill, I rise to support this very, very important amendment of the drought relief for the farmers in Pennsylvania, and at that Representative Daley’s. time I indicated that we needed to support this amendment, Just to give a little example of how important this is. In 1985 because this is 95 percent or better of the population of the State and again in 1996, we had in northeastern Pennsylvania over that would be covered under this provision of the act, whereas 900 homes that were under water up to 5 feet on the first floor. the drought relief to the farmers is just a small percentage of the This is a long time coming. It is something that we in actual population of this State. Pennsylvania ought to recognize. It is not political. The water I am sure as I stand here that each and every one of us has does not pick Democrat homes over Republican homes or sometime in our legislative career faced a small disaster in our vice versa. This is something that should be addressed, district, whether it has been a tornado or a flash flood, severe something that many of the counties in Pennsylvania and the damage, a train derailment, any number of kinds of things that people living in those counties know how important this is, and occur pretty regularly across this State. It is at that time when if I strongly support this amendment and would ask anyone with you go to your constituents who have had major damage to their any type of water problems in their areas to support this very homes, their properties, if you go to them to try to console them important amendment. Thank you. and offer them some relief, you discover that there is no such The SPEAKER. The Chair thanks the gentleman. relief in Pennsylvania. We do not have any assistance for those Mr. Kaiser. folks. If it is not a federally declared disaster, there is no Mr. KAISER. Thank you, Mr. Speaker. arrangement to provide then with any help. This legislation I stand in support of the Daley amendment. establishes such a program. Moreover, it gives the Governor I would like to take you back to June 28, 1999. It was in the authority that he already has in some limited extent. It extends middle of a drought. The ground was very hard, and all of a that authority to allow him to address these conditions sudden we had this tremendous amount of rain in the immediately. That is why we need to do this. South Hills and North Hills. I live 2 miles from where I grew And I would ask your support for this amendment as you up, and I have never seen rain like that. When you think of overwhelmingly supported it the last time. However, the last flooding, Mr. Speaker, you think of a river overflowing its time the bill went to the Senate, and they put in a provision banks. What happened that day was the rain was so fast and so requiring that aid or assistance to be dependent upon a Federal tremendous that it came down and hit the ground; the ground declaration of emergency. Well, that basically eliminated the was hard because of the drought - it was like concrete - and it whole intent and purpose of the bill. just ran wherever it wanted to, and I had flooding in places So I would ask your support at this time. We are where you never thought there would be flooding. I had a communicating with Senators on the other side of the building number of people who lost a good amount of personal property and asking that they also support it, that they begin to because of this flood. understand it, and they support this so that we can finally get I represent six communities in the South Hills of Pittsburgh, small disaster relief in the Commonwealth of Pennsylvania. Mr. Speaker, and they ask very little of government, very little I ask for your support in the Daley amendment. Thank you, of government. They pay their taxes, they take care of their Mr. Speaker. property, and I consider them good people. This is one time in The SPEAKER. The Chair thanks the gentleman. the 12 years I have served on this House floor that I really wanted something for the people in my district. Fortunately, it passed here and went over to the Senate and was gutted. GUESTS INTRODUCED I ask for your support because this is something that could affect you next time. On the front page of the The SPEAKER. The Chair interrupts the debate to welcome Pittsburgh Post-Gazette the following day, they showed to the hail of the House today Elizabeth Bushey, a summer Route 88 through Castle Shannon, which I represent, and the intern for Representative Masiand. She is currently attending flow of water was so great in Castle Shannon it went over a hill Loyola College in Baltimore. She is seated to the left of the and went through the back of a paint store, knocked the wall Speaker. Would the young lady please rise. down, knocked the front windows down, and pushed everything The Chair also wishes to welcome to the hall today from the paint store onto Route 88. So you had on Route 88 Moira Glace, a student at Harrisburg Academy. She is here as everything from 5-gallon cans of paint to automobiles that were the guest of Representatives Marsico and Nailor. I met her flowing down the street. I saw this firsthand, Mr. Speaker, and it shortly before session with her godmother, a longtime employee is really frightening. of the House, now working for the Senate. Will the young lady So I ask for your support, and I thank you for the vote last please rise. Welcome here to the hall. Her godmother is year on this, and in advance I thank you for your vote. Mazy Woolley, who worked for the House Judiciary Thank you, Mr. Speaker. Committee. THE SPEAKER PRO TEMPORLE PATRICIA It. VANCE PRESIDING 2000 LEGISLATIVE JOURNAL-HOUSE 1205
GUESTS INTRODUCED Bard Forcier McCall Shaner Barley Frankel McGeehan Smith, B. Banar Freeman McGill Smith, S. H. The SPEAKER pro tempore. The Chair is pleased to Bastian Gannon Mcllhattan Snyder welcome to the hall of the House St. Ignatius Elementary Battisto Geist Mcllhinney Solobay School of Philadelphia, which is a mission school of Bebko-Jones George McNaughton Staback Belardi Gladeck Mello Stairs Mother Katharine Drexel. The principal is Sr. Lynn Marie, and Belfanti Godshall Metcalfe Steelman she is seated to the left of the Speaker. Would she please rise. Benningjioff Gordner Michlovic Steil And the children are in the gallery. Would they also please rise. Birrnelin Grucela Micozzie Stem Bishop Gruitza Miller, R Stetler Would the children in the gallery please rise. They are here as Blaum Habay Miller, S. Stevenson the guests of Representative Mike Horsey. Boyes Haluska Mundy Strittmatter Browne Hanna Myers Sturla Bunt Harhai Nailor Surra Butkovitz Harhart Nickol Tangretti Buxton Hasay O’Brien Taylor, E. Z. CONSIDERATION OF SB 1417 CONTINUED Caltagirone Hennessey Oliver Taylor. Cam Herman Ode Thomas The SPEAKER pro tempore. On the amendment, the Chair Casorio Hershey Perzel Tigue recognizes the gentleman from Tioga County, Baker. Cawley Hess Pesci Travaglio Mr. Chadwick Horsey Petrarca Trel lo Mr. BAKER. Thank you, Madam Speaker. Civen Hutchinson Petrone Trich Madam Speaker, I rise to support this amendment. Clark Jadlowiec Phillips True This amendment looks a little familiar. I have introduced a Clymer James Pippy Tulli Cohen, M. Josephs PlatEs Vance bill very similar to this in the last three sessions, primarily Colafelia Kaiser Preston Van Home because my district in the last decade has experienced Cornell Keller Ramos Veon five major floods, and in fact, I have been told by the weather Costa Kenney Raymond Vitali Coy Kirkland Readshaw Walko experts that Pennsylvania is one of the most flood-prone States Curry Krebs Reinard Washington in the entire nation. This bill would not only help flood victims Dailey LaGrotta Rieger Waters but it would also help victims of tornadoes and other kinds of Daley Laughlin Roberts Wilt Daily Lawless Robinson Wogan disasters. So it is not just floods, and it is well overdue. DeLuca Lederer Roebuck wojnaroski Oftentimes, when we have Presidential disaster declarations, Dempsey Leh Rohrer wright the actual assistance and aid comes up short in helping our Dermody Lescovitz Rooney Yewcic Deweese Levdansky Ross Youngblood municipalities, our individuals for individual assistance, and we DiGirolamo Lucyk Rubley Yudichak need lots of money for flood mitigation projects, streambank Donatucci Lynch Ruffing Zimmerman erosion control projects, and we need just simple aid to help Druce Maher Sainato Zug Eachus Maitland Samuelson people in their time of need when their homes and their Egoif Major Santoni Ryan, properties have been destroyed. Evans Manderino Saiher Speaker So this is a very meritorious amendment, a very important Fairchild bill to help people in their greatest need in a time of disaster, and I would urge all the members of the House to strongly support this legislation. Thank you, Madam Speaker. NAYS-M The SPEAKER pro tempore. On the amendment, the Chair recognizes the lady from Philadelphia, Mrs. Lederer. Mrs. LEDERER. Madam Speaker, I rise to support this NOT VOTING-0 amendment. I was a cosponsor of the original bill. My district suffered a very severe, disastrous fire 2 years ago. The fire was in an abandoned paint factory. The people on EXCUSED-6 either side had no insurance. Now, you might say that was a foolish thing, but it was not, because no insurance company Cappabianca Corrigan Pisteila wdliams Cohen, L. I. Gigliotti would insure them. Insurance is not granted to people who live next to abandoned properties. In Philadelphia we have over 45,000 abandoned homes, and that is not counting the abandoned buildings and factories. The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was It is imperative that we support this amendment. Thank you. agreed to. On the question recurring, Will the House agree to the amendment? On the question, The following roll call was recorded: Will the House agree to the bill on third consideration as amended? YEAS-i 95 Adolph Fargo Mann Saylor The SPEAKER pro tempore. The rest of the amendments by Allen Feese Markosek Schroder Representative Daley are withdrawn. Argall Fichter Marsico Schuler Armstrong Fleagle Masland Scrimenti Baker Flick Mayernik Semmel 1206 LEGISLATIVE JOURNAL-HOUSE JUNE 6
GUESTS INTRODUCED YEAS-195
Adolph Fargo Mann Saylor The SPEAKER pro tempore. The Chair is pleased to Allen Feese Markosek Schroder welcome to the hall of the House, as guests of Representative Argall Fichter Marsico Schuler Mike Hanna, Sherry Yarrison, district office manager, and Armstrong Fleagle Masland Scrimenti intern, and they are seated in the balcony. Baker Flick Mayernik Semmel Anne Fultz, summer Bard Forcier McCall Shaner ‘Would they please rise. Barley Frankel McGeehan Smith, B. The Chair is also pleased to welcome to the hall of the Barrar Freeman McGill Smith, S. H. Representative Youngblood, Bastian Gannon Mcllhattan Snyder House, as a guest of Rosita a guest Battisto Geist Mcllhinney Solobay page, Ryan Spak, who is a student from Temple University and Bebko-Jones George McNaughion Staback a summer intern for Representative Rosita Youngblood. We are Belardi Gladeck Melio Stairs welcome to the floor. Would the gentleman Belfanti Godshall Metcalfe Steelman pleased to you Benninghoff Gordner Michlovic Steil please rise. Birmelin Grucela Micozzie Stem Bishop Gruitza Miller. R. Stetier Blaum Habay Miller, S. Stevenson CONSIDERATION OF SB 1417 CONTINUED Boyes Haluska Mundy Strittmatter Browne Hanna Myers Sturla On the question recurring, Bunt Harhai Nailor Surra Butkovitz Harharl Nickol Tangreiti Will the House agree to the bill on third consideration as Buxton Hasay O’Brien Taylor, E. Z. amended? Caltagirone Hennessey Oliver Taylor, 3. Bill as amended was agreed to. Cam Herman Ode Thomas Casorio Hershey Perzel Tigue Cawley Hess Pesci Travaglio The SPEAKER pro tempore. This bill has been considered Chadwick Honey Petrarca Trello on three different days and agreed to and is now on fmal Civera Hutchinson Petrone Trich Clark Jadiowiec Phillips True passage. Clymer James Pippy Tulli The question is, shall the bill pass finally? Cohen. M. Josephs Platts Vance Colafella Kaiser Preston Van Home Cornell Keller Ramos Won The Chair recognizes the gentleman, Mr. Grucela, on Costa Kenney Raymond Vitali final passage. Coy Kirkland Readshaw Walko Mr. GRUCELA. Thank you, Madam Speaker. Cuny Krebs Reinard Washington Dailey LaGrotta Rieger Waters - Madam Speaker, I rise in favor of SB 1417. Daley Laughlin Roberts Wilt I hope the recent rainy weather and the rainy spring did not DaIly Lawless Robinson Wogan divert our attention from the seriousness of last summer’s DeLuca Lederer Roebuck Wojnaroski Dempsey Leb Rohrer Wright drought conditions. As a farmer friend of mine said to me Dermody ‘Lescovitz Rooney Yewcic recently when I said to him that the drought was officially over, Deweese Levdansky Ross Youngblood he said, "Remember, the drought could be one dry month DiGirolamo Lucyk Rubley Yudichak Donatucci Lynch Ruffing Zimmerman away." Druce Maher Sainato Zug I certainly realize the slow bureaucratic process that we often Eachus Maitland Samuelson deal with, but I reaJly hope that this is not too late for many of Egolf Major Santoni Ryan, Evans Manderino Sather Speaker our small farmers in particular. We should have acted much, Fairchild much sooner on this important appropriation, but at least we are doing something and we are acting now. Many of the small farmers, of course, have felt the pinch. I NAYS-O received many calls from the small farmers in my district who were having trouble paying last summer and spring’s bills and credit receiving any kind of in order to make their plantings for NOT VOTING-O this particular spring and coming summer. Agriculture, of course, is often portrayed and is our number one industry in the State of Pennsylvania. It is extremely important for us to act and support our number one industry. EXCUS ED-6 So, Madam Speaker, I ask that we act favorably upon this Cappabianca Corrigan Pistella Williams bill and let us get this money to our small farmers and our Cohen, L. I. Gigliotti ag community in general as soon as possible. Thank you, Madam Speaker. The majority required by the Constitution having voted in On the question recurring, the affirmative, the question was determined in the affirmative Shall the bill pass finally? and the bill passed finally. The SPEAKER pro tempore. Agreeable to the provisions of Ordered, That the clerk return the same to the Senate with the Constitution, the yeas and nays will now be taken. the information that the House has passed the same with amendment in which the concurrence of the Senate is requested. The following roll call was recorded: 2000 LEGISLATIVE JOURNAL-HOUSE 1207
Daley Lederer Roebuck Wogan Daily Leh Rohrer Wojnaroski DeLuca Lescovitz Rooney Wright BILL PASSED OVER TEMPORARILY Dempsey Levdansky Ross Yewcic Dermody Lucyk Rubley Youngblood DeWeese Lynch Rufting Yudichak The SPEAKER pro tempore. On page 5, HB 1960 is over DiGirolamo Maher Sainato Zimmerman temporarily. Donatucci Maitland Samuelson Zug Druce Majom Santoni Eachus Manderino Sather RULES SUSPENDED Egolf Mann Saytor Ryan, Evans Markosek Speaker The SPEAKER pro tempore. Turning to page 6 of the calendar, the Chair recognizes the gentleman, Mr. Lynch, who moves to suspend the rules in order to consider RB 590. NAYS-3 On the question, the Chair recognizes the gentleman, Gordner Hanna Krebs Mr. Lynch. Mr. LYNCH. Madam Speaker, is it necessary to suspend the rules? The SPEAKER pro tempore. Yes. According to my NOT VOTTNG-0 information, it is not on the voting schedule. Mr. LYNCH. Okay. Then I am going to ask for a suspension of the rules so that we can vote FIB 590, which had been EXCUSED-6 scheduled for tomorrow, and I am concerned about the fact that Cappabianca Corrigan Pistella Williams tomorrow may turn into a token day. Thank you, Cohen, L. I. Gigliotti Madam Speaker. The SPEAKER pro tempore. The gentleman, Mr. Lynch, moves that the rules of the House be suspended in order to offer A majority of the members required by the rules having RB 590. voted in the affirmative, the question was determined in the affirmative and the motion was agreed to. On the question, Will the House agree to the motion? BILLS ON THIRD CONSIDERATION The following roll call was recorded: The House proceeded to third consideration of HB 590, PN 3592, entitled: YEAS-l92
Adolph Fairchild Marsico Schroder An Act amending Title 18 Crimes and Offenses of the Allen Fargo Masland Schuler Pennsylvania Consolidated Statutes, further providing for cruelty to Argall Feese Mayemnik Scrimenti animals. Armstrong Fichter McCall Semmel Baker Fleagle McGeehan Shaner On the question, Bard Flick McGill Smith, B. Barley Forcier McI Ihattan Smith, 5, H. Will the House agree to the bill on third consideration? Banar Frankel Mcllhinney Snyder Bastian Freeman McNaughton Solobay Mr. LYNCH offered the following amendment No. A2768: Battisto Gannon Melio Staback Bebko-Jones Geist Metcatfe Stairs Belardi George Michlovic Steelman Amend Sec. I Sec. 5511, page 3, line 6, by striking out Belfanti Gladeck Micozzie Steil "bear weight on all THREE limbs or" Benninghoff Godshall Miller, R. Stem Amend Sec. I Sec. 5511, page 8, line 15, by striking out Birmelin Grucela Miller, S. Stetler Bishop Gruitza Mundy Stevenson "BEAR WEIGHT ON THREE LIMBS AND" Blaum Habay Myers Strittmattem Boyes Haluska Nailor Sturla On the question, Browne Harhai Nickol Surra Will the House agree to the amendment? Bunt Harhart O’Brien Tangretti Butkovitz Hasay Oliver Taylor. E. Z. Buxton Hennessey One Taylor, J. AMENDMENT WITHDRAWN Caltagirone Herman Perzel Thomas Cam Hershey Pesci Tigue Casorio Hess Petrarca Travaglio The SPEAKER pro tempore. On that question, the Chair Cawley Honey Petrone Trello recognizes the gentleman, Mr. Lynch. Chadwick Hutchinson Phillips Trich Civera Jadlowiec Pippy True Mr. LYNCH. Madam Speaker, that amendment is Clark James Platts Tulli withdrawn. Clymer Josephs Pieston Vance The SPEAKER pro tempore The Chair thanks the Cohen, M. Kaiser Ramos Van Home Colafella Keller Raymond Veon gentleman. Cornell Kenney Readshaw Virali Costa Kirkland Reinard Walko On the question recurring, Coy LaGrotta Rieger Washington Will Cuny Laughlin Roberts Waters the House agree to the bill on third consideration? Dailey Lawless Robinson Wilt Bill was agreed to. 1208 LEGISLATIVE JOURNAL----HOUSE JUNE 6
The SPEAKER pro tempore. This bill has been considered The majority required by the Constitution having voted in on three different days and agreed to and is now on final the affirmative, the question was determined in the affirmative passage. and the bill passed finally. The question is, shall the bill pass finally? Ordered, That the clerk present the same to the Senate for Agreeable to the provisions of the Constitution, the yeas and concurrence. nays will now be taken.
The following roll call was recorded: The House proceeded to third consideration of RB 2214, Y’EAS-163 PN 2903, entitled:
Adolph Fichter McCall Scnmenti An Act amending the act of November 24, 1998 P.L.882, Armstrong Fleagle McGeehan Shaner No.111, known as the Crime Victims Act, further providing for Bard Flick McGill Smith, S. H. definitions. Barley Frankel McI Ihinney Snyder Barrar . Freeman McNaughton Staback Bastian Gannon Melio Stairs On the question, Battisto Geist Michlovic Steelman the agree the bill on third consideration? Bebko-Jones George Micozzie Steil Will House to Belardi Gladeck Miller, R. Stetler Belfanti Godshall Miller, S. Stevenson Bishop Gruitza Mundy Strittmatter BILL RECOMMITTED Blaum Haba5’ Myers Stunla Browne Haluska Nailor Surra The SPEAKER pro tempore. The Chair recognizes the Butkovitz Harhai Nickol Tangretti majority leader. Buxton Hennessey O’Brien Taylor, E. Z. Caltagirone Hess Oliver Taylor. J Mr. PERZEL. Madam Speaker, I move that HB 2214 be Cam Honey One Thomas recommitted to Appropriations. Casonio Jadlowiec Perrel Tigue Cawley James Pesci Travaglio Chadwick Josephs Petrarca Trello On the question, Civera Kaiser Petrone Trich Will the House agree to the motion? Clark Keller Phillips True Motion was agreed to. Clymer Kenney Pippy Tulli Cohen, M. Kirkland Platts Vance Colafella Krebs Preston Van Home Cornell LaGrotta Ramos Veon Costa Laughlin Raymond Vitali Coy Lawless Readshaw Walko The House proceeded to third consideration of RB 2352, Curry Lederer Reinard Washington PN 3143, entitled: Dailey Lescoviiz Rieger Waters Daley Levdansky Roberts Wilt An Act amending litle 42 Judiciary and Judicial Procedure of Daily Lucyk Robinson Wogan Statutes, further providing for DeLuca Lynch Roebuck Wojnaroski the Pennsylvania Consolidated Dempsey Maher Rooney Wright admissibility of certain statements. Dermody Maitland Ross Yewcic DeWeese Manderino Rubley Youngbiood On the question, DiGirolamo Mann Ruffing Yudichak Will the House agree to the bill on third consideration? Donatucci Markosek Sainato Zug Druce Marsico Samuelson Eachus Masland Santoni Ryan, Mr. GEORGE offered the following amendment No. Evans Mayemik Schroder Speaker Feese A2701: Amend Title, page I, line 3, by removing the period after "statements" and inserting NAYS-32 and providing for participation in certain environmental cases. Allen Fairchild Herman Sather Argall Fargo Hershey Saylor Amend Bill, page I, by inserting between lines 3 and 4 Baker Forcier Hutchinson Schuler The General Assembly finds and declares as follows: Benninghoff Gordner Leh Semmel I There has been a disturbing increase in lawsuits, Birmelin Grucela Major Smith. B. known as Strategic Lawsuits Against Public Participation Boyes Hanna Mcllhattan Solobay SLAPP, brought primarily to chill the valid exercise by citizens Bunt Harhanl Metcalfe Stem of their constitutional right to freedom of speech and to petition Egoif Hasay Rohrer Zimmerman the government for the redress of grievances. 2 It is in the public interest to empower citizens to bring a swift end to retaliatory lawsuits seeking to undermine NOT VOTING-U their participation in the establishment of State and local environmental policy and in the implementation and enforcement of environmental law and regulations. 3 This act will ensure that a frivolous lawsuit or a EXCUSED-6 SLAPP can be resolved in a prompt manner by permitting Cappabianca Corrigan Pistella Williams citizens to raise civil immunity to such suits when filing a Cohen. L. I. Gigliotti preliminary objection for legal insufficiency of a pleading or 2000 LEGISLATIVE JOURNAL-HOUSE 1209
demurrer or upon another appropriate motion and to obtain a stay body, or any other official proceeding authorized by law; any written or on discovery as provided for in this act. oral statement or writing made in a place open to the public or a public 4 A court should grant or deny relief on the forum in connection with an issue of public interest; or any written or preliminary objection or other appropriate motion without oral statement or writing made to a government agency in connection reserving the matter for further discovery. with the implementation and enforcement of environmental law and Amend Bill, page 2, by inserting between lines 6 and 7 regulations. Section 2. Title 42 is amended by adding a section to read: "Enforcement of environmental law and regulations." Any 8313. Participation in environmental law or regulation. activity related to the identification and elimination of violations of a Immunity.- environmental laws and regulations, including investigations of alleged I A person who acts in furtherance of the person’s violations, inspections of activities subject to regulation under rigtit of petition or free speech under the Constitution of the environmental law and regulations and responses taken to produce United States or the Constitution of Pennsylvania in connection correction of the violations. with an issue related to enforcement or implementation of "Government agency." The Federal Government, the environmental law or regulation shall be immune from Commonwealth and all of its departments, commissions, boards, civil liability in any action except where the communication to agencies and authorities, and all political subdivisions and their the government agency is not genuinely aimed at procuring a authorities. fivorable governmental action, result or outcome. "Implementation of environmental law and regulations." Any 2 A communication is not genuinely aimed at activity related to the development and administration of environmental procuring a favorable governmental action, result or outcome if programs developed under environmental law and regulations. it: Amend Sec. 2, page 2, line 7, by striking out "2" and inserting i is not material or relevant to the enforcement 3 or implementation of environmental law or regulation: ii was knowingly false when made; On the question, iii was rendered with reckless disregard as to Will the House agree to the amendment? the truth or falsity of the statement when made; or iv wrongful use of or represented a process The SPEAKER pro tempore. On that question, the Chair abuse of process. h Stay of discoverv.-The court shall stay all discovery recognizes the gentleman, Mr. George. proceedings in the action upon the filing of preliminary objections for Mr. GEORGE. Thank you, Madam Speaker. legal insufficiency of a pleading or other appropriate motion on the Madam Speaker, we have passed this bill, this amendment; it basis of immunity, provided, however, that the COUrt. on motion and languishes in the Senate. I thinic that we are a body, not the after a hearing and for good cause shown, may order that specified lower chamber, but we should be considered the upper chamber. discovery be conducted. The stay of discovery shall remain in effect This amendment is identical to the ones that we passed. A until notice of the entry of the order ruling on the preliminary citizen would be immune unless a communication was other for obiections or on another appropriate motion. that which was legitimate. Under my amendment, it is not of court determination-If the court determines c Admissibility material or relevant to the enforcement or implementation of that the plaintiff has established that there is a substantial likelihood that the plaintiff will prevail on the claim, neither that determination environmental law or regulation. nor the fact of that determination shall be admissible in evidence at any Madam Speaker, we continually allow those individuals that later stage of the case, and no burden of proof or degree of proof want to speak up in order to protect their persons or their otherwise applicable shall be affected by that determination. property from being sued by some big conglomerate. d Intervention-The government agency involved in the We have passed this before. We will do the right thing by furtherance of a person’s right of petition or free speech under the passing it again. Thank you. Constitution of the United States or the Constitution of Pennsylvania in The SPEAKER pro tempore. On the amendment, the Chair connection with a public issue may intervene or otherwise participate recognizes the gentleman from Delaware County, Mr. Gannon. curiae in the action public petition and as an amicus involving Mr. GANNON. Thank you, Madam Speaker. participation. Speaker, we have voted and passed this amendment e Legal protections of defendants-Nothing in this section shall Madam be construed to limit any constitutional, statutory or common-law on HB 376. We have adopted this amendment to HB 393. We protections of defendants to actions involving public petition and have adopted this amendment on HB 1130. We have adopted participation. this amendment on HB 264. There is absolutely no reason f Abuse of legal process-In addition to other costs or remedies that we have to be adopting this amendment on every single allowed by general rule or statute, in any administrative or judicial House bill that comes up before this body. proceeding related to the enforcement or implementation of The gentleman knows that we have been working with the environmental law or regulation, the agency or court may award costs, Senate on this issue. We believe that we have reached an including reasonable fees, if the or court determines attorney agency agreement, and we expect that the Senate will return a bill to us that an action, appeal, claim, motion or pleading is frivolous or taken have language satisfactory sides. solely for delay or that the conduct of a party or counsel is dilatory or that will to both vexatious. So I would ask for a "no" vote on this amendment. g Definitions-As used in this section. the following words and The SPEAKER pro tempore. The Chair recognizes the phrases shall have the meanings given to them in this subsection: gentleman from C learfield, Mr. George, for the second time. "Act in furtherance of a person’s right of petition or free speech Mr. GEORGE. Madam Speaker, the last time that the under the United States Constitution or the Constitution of gentleman and I had a disagreement, I thought he was going to Pennsylvania in connection with a public issue." Any written or oral have a heart attack, because he jumped up and screamed and statement or writing made before a legislative, executive or iudicial bantered, and I want to prevent that on this day. or any other official authorized by law; any proceeding, proceeding He is the one that told me since last March he would bring a written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive or judicial bill out of his committee, and now we are on by a year March. The Senate does have those amendments over there. They do 1210 LEGISLATIVE JOURNAL-HOUSE JUNE 6 not want to see this bill passed. So I am going to get partisan. I Druce Maitland Sather Ryan, am going to say, look, whether you be a Democrat or EgoIf Marsico Saylor Speaker Republican, whether you are controlled by your leadership or you are not, this is a bill that protects people. Vote to protect NOT VOTING-U people. Do not vote to protect what is going on in this House of Representatives and the Senate in this year 2000. We are EXCUSED6 obligated to do much better. Cappabianca Corrigan Pistella Williams Now, I keep my word but they have not kept theirs, and we Cohen, L. I. Gigliotci are going to keep going and we are going to keep driving, and we are going to make that Senate understand that it is a two-body principle, and if our leadership does not want to do The majority having voted in the affirmative, the question something about it, at least we Democrats ought to do was determined in the affirmative and the amendment was something about it. agreed to.
On the question recurring, On the question, Will the House agree to the amendment? Will the House agree to the bill on third consideration as amended? The following roll call was recorded: Mr. VITAL! offered the following amendment No. A2783: YEAS-121 Amend Title, page I, line 3, by inserting after "statements" Baker Feese Manderino Santoni Bard Frankel Mann Schroder and for a commission to study the imposition and Banisto Freeman Markosek Scrimenti administration of the death penalty Bebko-Jones George Mayernik Shaner Amend Bill, page 2, by inserting between lines 6 and 7 Belardi Gordner McCall Solobay Section 2. Title 42 is amended by adding a section to read: Belfanti Grucela McGeehan Staback 9704. Death penalty study commission. Bishop Gruitza Mcllhattan Steelman Blauni Habay McNaughton Sleil a £stablishment.-A commission on the death penalty shall be Boyes Haluska Melio Sietler established to study the law that provides for the death penalty and the Browne Hanna Michlovic Sturla administration of the death penalty in this Commonwealth. The Butkovitz Harhai Mundy Surra commission shall make recommendations for amendments to the Buxton Harhart Myers Tangetti death penalty law to provide assurances that: Caltagirone l-lasay Oliver Thomas Cam Hennessey Pesci Tigue I defendants who are sentenced to death are in fact Casorio Horsey Petrarca Travaglio guilty of first degree murder Cawley Hutchinson Petrone Trello 2 defendants in death penalty cases are provided Clark James Pippy Trich adequate and experienced counsel and adequate resources for the Cohen, M. Josephs Preston True defense of their cases at the trial, appellate and post-conviction Colafella Kaiser Ramos Van Home Costa Keller Readshaw Veon stages: Coy Kirkland Rieger Vitali 3 race does not play an impermissible role in Curry Krebs Roberts Walko determining which defendants are sentenced to death; and Daley LaGrotta Robinson Washington 4 death penalty cases are handled similarly by all DaIly Laughlin Roebuck Waters district attorneys throughout this Commonwealth. Lederer Rooney Wogan DeLuca Report-The Derrnody Lescovitz Ross Wojnaroski b commission shall report to the DeWeese Levdanskiy Rubley Yewcic General Assembly within one year from the effectiye date of this Donatucci Lucyk Ruffing Youngblood section. Eachus Maher Sainato Yudichak c Membership-The commission shall consist of Evans Major Samuelson Zug eight members as follows: - Fairchild I The Governor or designee of the Governor. 2 The Attorney General or a designee of the NAYS-74 Attorney General. 3 The Chief Justice of the Supreme Court of Adolph Fargo Masland Schuler Pennsylvania or a designee of the Chief Justice. Allen Fichter McGill Semmel 4 Five one each Argall Fleagle Mcllhinney Smith, B nersons. from of the listed Armstrong Flick Metcalfe Smith, S. H orgamzations appointed by the Governor from a list of Barley Forcier Micozzie Snyder three members selected by the executive board of each of the Barrar Gannon Miller, R. Stairs following organizations: Bastian Geist Miller, S. Stern i The Pennsylvania affiliate of the Benninghoff Gladeck Nailor Stevenson National Association for the Advancement of Colored Birmelin Godshall Nickol Stritimatter People. Bunt Herman O’Brien Taylor, F. Z. The Pennsylvania Bar Association. Chadwick Hershey One Taylor, J. ii iii_The Pennsylvania Prison Society. Civera * Hess Perzel Tuili Clymer Jadlowiec Phillips Vance iv The Pennsylvania Council of Churches. Cornell Kenney Platts Wili v The Pennsylvania District Attorneys Dailey Lawless Raymond Wright Association. Dempsey Leh Reinard Zimmerman Amend Sec. 2, page 2, line 7, by striking out all of said line and DiGirolamo Lynch Rohrer inserting 2000 LEGISLATIVE JOURNAL-HOUSE 1211
Section 3. This act shall take effect as follows: moratoriums on this issue. In fact, as recently as last week, I The amendment of 42 Pa.C.S. § 5985.1a shall take George W. Bush granted a reprieve to someone on death row so effect in 60 days. that DNA evidence could be examined, and that reprieve was 2 The remainder of this act shall take effect backed by no other than our Governor, Tom Ridge, that it is not immediately. a liberal issue. In fact, Illinois Governor Ryan in fact imposed a year’s moratorium on the imposition of the death penalty. On the question, Will the House agree amendment? Madam Speaker, the whole purpose of this study, and we to the do- Madam Speaker? The SPEAKER pro tempore. The gentleman The SPEAKER pro tempore. On that question, the Chair is conect. recognizes the gentleman from Delaware County, Mr. Vitali. Could we have order in the House, please. The gentleman deserves to be heard. Mr. VITALI. Thank you, Madam Speaker. What this amendment does- is create a death penalty study Mr. VITALI. The purpose of this is very simple, and I think it is very We commission, and that is all it does is just create a study important. do not want to create a system that is going to generate a situation where an innocent person is put to commission. And what this eight-member commission would do would be to look at the laws as they apply to the death death. Madam Speaker, that is all this is trying to do. In Illinois studies have shown that 13 people on row were penalty and look at the administration of the death penalty and death in fact report back to the General Assembly in 1 year. What they would innocent and then exonerated. In Florida 20 people on death row, who be focusing in on, really, is four different things: whether in fact were on death row, were eventually exonerated. We do not want that to happen in Pennsylvania. All this people who are being convicted of capital cases are in fact does is create a study commission to improve the chances that we in guilty; whether those on trial for capital cases have adequate Pennsylvania will not execute an innocent person. counsel and adequate resources to defend themselves; three, So I ask you to vote "yes" on the study commission. whether race in fact has been a factor in the administration and imposition of the death penalty; and four, whether D.A.s Thank you. The SPEAKER pro tempore. throughout the Commonwealth have been handling death On the question, the Chair recognizes the gentleman from Delaware penalty cases in a uniform manner. It is simply a study County, Mr. Gannon. commission. Mr. GANNON. Thank you, Madam Speaker. - Madam I rise to What it would do would be to set up an eight-member panel, Speaker, oppose this amendment. and I feel it is a fairly balanced panel. It Would There is no need for this exercise with respect to the have the death Governor or his designee on it, the Attorney General or his penalty. We have in place an unlimited number of safeguards our designee, the Chief Justice of the Supreme Court or his through judicial system, from the common pleas court to the Superior Court to the Supreme Court, for designee, a representative of the NAACP National Association anyone for the Advancement of Colored People, the Pennsylvania Bar, who has been sentenced to the ultimate penalty for a crime that the Pennsylvania Prison Society, the Pennsylvania Council of they have committed. And every single issue that is set out in this amendment can be raised by a defendant Churches, and the District Attorneys Association. So you have and is an appeal adequate prosecutorial representation, too. under a death penalty sentence. The process is in place. It works very well. There is no need to set And to be clear what this amendment does not do, it does not up an independent abolish the death penalty; it does not impose a moratorium; it commission that is going to delay the execution, simply delay execution of those folks who have been does not attempt to overturn any particular case. It is simply a found guilty by their study commission, and I think the value of the study peers, have exhausted their appeals, and perhaps now are going through commission is to look at the systemic aspects of this case; it is the Federal system. because once you finish with the looking at the system as a whole, not at individual cases, and State courts, you can go into the Federal system and go to the United Supreme there are a lot of reasons that have arisen in recent years as to States Court through the appeal process. why we ought to take another look at the death penalty in There is every opportunity, there is every safeguard in place. Pennsylvania. One is the DNA evidence and its use in the This is simply a delaying tactic, and I would ask for a "no" vote on this amendment. prosecution of crimes and how it has in fact exonerated people over the years with this advent of evidence. The SPEAKER pro tempore. On the amendment, the Chair recognizes gentleman from Wayne The second factor I think we need to consider is the fact that the County, Mr. Birmelin. 70 percent of people on death row right now are in fact Mr. BIRMELIN. Thank you, Madam Speaker. I, too, rise in opposition to this amendment. nonwhite, and I think we have to ask ourselves, why is that? Are As at there systemic reasons why nonwhite people are being I looked the listing of the people that the maker of the amendment would have had assigned to this commission, convicted in such a high proportion? I can tell than I think the third thing we have to take a look at is, we in this you for a fact that two of the five and maybe more two of those five have obviously for many years taken public General Assembly over the past 6 years have passed a lot of positions that are in opposition to the death penalty. What laws with regard to the death penalty, its imposition, the factors would you expect them to find when they have their hearings we are imposing, and so forth, and we have to look at how these have affected its system. and make their recommendations? Exactly what they want them to fmd. Madam Speaker, we also have to take a look at the fact that I would say that a commission of this sort, even if were we do not have any statewide standards for counsel appointed in you capital cases. Madam Speaker, this is not an issue to agree that the issue ought to be studied, certainly could not be just for made people who have liberals. Madam Speaker, recently those as conservative as up of predetermined their mind George Will and Pat Roberts have come out in favor of on what the results of that study should be and have taken 1212 LEGISLATIVE JOURNAL-HOUSE JUNE 6 public positions in opposition to it, and quite frankly, I am not consider the possibility that perhaps the death penalty and the really sure about the other three groups. I know one of them is way it is administered in this State is not exactly the way it not in favor of the death penalty, but I do not know whether or should be. Other States have come to that conclusion; other not they have publicly taken that position. Governors have come to that conclusion. It just seems to me So I think that even if the idea were to have merit in looking that those of us who have had a concern about this process into the subject, I do not think this commission is the way to do would like to see at least some attempt to review it, to make it, and it might be a more appropriate thing for our House sure that we are doing it right. Judiciary Conunittee to do, but certainly not for a commission And I would only suggest - and I only speak as one member of this sort, because I do not think it is going to accomplish of the pro-life caucus - it becomes difficult to justify a position, anything, and I would ask for a "no" vote on this amendment. for me anyway, as a pro-life member that believes in the The SPEAKER pro tempore. The Chair recognizes the sanctity of life that somehow that sanctity-of-life protection gentleman from Delaware County, Mr. Vitali, for the second does not extend beyond the normal considerations that we make time. about abortion. Mr. VITALI. Madam Speaker, I just- Does anyone else Again I am asking, what are we afraid of? Let us look at it; desire recognition? let us study it. If this is not the appropriate mechanism or the The SPEAKER pro tempore. The Chair recognizes the appropriate panel to do it, then let us find one that is, but I think gentleman from Cumberland County, Mr. Masland. Mr. Vitali is attempting to do what many of the other States are Mr. MASLAND. Thank you, Madam Speaker. attempting to do, and I think Pennsylvania should follow its I am not going to repeat everything that has already been lead. said, but I, too, rise to oppose this amendment. So I rise to support this amendment, and I hope that other Just a couple points. Under section 2, the maker of the members of the pro-life caucus would do the same. amendment says that this commission is to determine if The SPEAKER pro tempore. The Chair recognizes the defendants who are sentenced to death are in fact guilty of gentleman from Beaver County, Mr. Colafella. first-degree murder. That is something that the appeals process Mr. COLAFELLA. Thank you, Madam Speaker. does; that is the job of the court. We do not need to appoint a Madam Spçaker, I rise to support the Vitali amendment. commission to do that. As Representative Tangretti said, there are many, many The fourth point - and I am not going to go through all of States now who are looking at this whole concept of the death them - the fourth point in his list is that the death penalty cases penalty, and what a tragedy it would be if we were doing some are handled similarly by all district attorneys throughout the things that were wrong for many people who have been Commonwealth. Well, what do you really mean by that? I am convicted of a death penalty. not sure and perhaps the gentleman will say in his closing I think we have nothing to lose but really explore all the remarks, but I think that is very vague, very ambiguous, and I literature and all the research that has been done lately, that has would concur with previous statements that if we are going to been done in a lot of States, and I think it could help us in have a study, we can do it in the Judiciary Committee. We Pennsylvania. As you know, there have been a number of certainly do not need a commission like this, and I, too, would Governors now who have changed their minds about the death question the makeup of that commission. penalty because of DNA evidence and so on, and I think it is in So I urge a "no" vote. Thank you. the interest, the best interest of Pennsylvania, that we explore all The SPEAKER pro tempore. The Chair recognizes the the literature, and for those reasons I ask for an affirmative vote gentleman from Bradford County, Mr. Chadwick. on the Vitali amendment. Mr. CHADWICK. Thank you, Madam Speaker. The SPEAKER pro tempore. The Chair recognizes the I would like to echo the remarks of the gentleman from gentleman from Delaware County, Mr. Vitali, for the second Cumberland County. I am deeply troubled by a number of the time. items to be studied by this commission, particularly the first Mr. VITALI. Thank you, Madam Speaker. item, which is that the commission is to be assured that Madam Speaker, again, this just requires a study conunission defendants who are sentenced to death are actually in fact guilty which is just going to yield a report. Now, if we think on this of first-degree murder. I do not know how exactly they are General Assembly in the course of the year all the different going to do that. things we study and all the different reports that are issued, why And item number four is especially troubling: death penalty is this such a frightening prospect? It is such an important issue. cases are handled similarly by all district attorneys throughout Do we really want the responsibility of having an innocent this Commonwealth. Whatever happened to prosecutorial person executed? discretion? Each case is different, each case is unique, and each Now, there have been some arguments made that, well, we district attorney should have the opportunity and the right to have an extensive system of appeals and so forth and that prosecute those cases as he or she sees fit. should catch all the mistakes, but that argument does not take I am deeply troubled by this amendment, and I recommend a into account a view of the system. When the Supreme Court or "no" vote. the Superior Court reviews individual cases, they are not The SPEAKER pro tempora The Chair recognizes the looking at the system as a whole; they are not looking at things gentleman from Westmoreland County, Mr. Tangretti. like, should we have statewide standards for the appointment of Mr. TANGRETTI. Thank you, Madam Speaker. capital case counsel, or is there a problem in the uniformity of Madam Speaker, I am not sure where I was until the debate the way it is applied, or do people in Philadelphia County, do started on this. I guess I am- I just want to know what we are D.A.s in Philadelphia County treat things differently in other afraid of. I just want to know why it is so difficult for us to counties? They are not looking at a systematic approach. 2000 LEGISLATIVE JOURNAL-HOUSE 1213
They are not making recommendations as to whether the law we are implementing this process in a fair and equitable should be adjusted. They are basically looking at two different manner, and we need to stop saying, well, he was found guilty; things, Madam Speaker. it was done. Let me address the comments made by the gentleman from The State of Illinois removed half of all its capital your county about the troublesome nature of the nonuniformity punishment recipients off as a result of DNA testing, new in application. Madam Speaker, in Philadelphia 50 percent of science - new science - which proved beyond a shadow of a our death penalty inmates come from Philadelphia, yet that only doubt that they were not the persons who had committed a has, oh, probably 10, 12, 13, 14 percent of our population. particular crime - half its capital punishment victims; half, half, Perhaps there are reasons for that. Perhaps there are reasons that half the persons that they were going to provide capital need to be explored. That is what I mean by uniformity in punishment for. application. And the other option is we take into consideration, Again, 70 percent of death row inmates are nonwhite. Why is Madam Speaker, we take into consideration the victims of that? Maybe there are some systemic things; maybe there are crime. Well, how about the persons who have had capital not. But you know what? These are questions, and all we want punishment implemented against them and a month or a year to do is just take a look at this matter, just take a look at it. later it is determined that we killed the wrong person? We have One of the gentlemen mentioned the fact that at least nothing in place in this State to guarantee some type of two groups have come out in opposition to the death penalty, restitution to persons who were falsely killed in this State. So but yet at the same time we have group members who have we need to in fact do a study to make sure that we are doing the come out in support of the death penalty; we have the right thing, and once again I urge support for the Vitali Attorney General’s Office, the District Attorneys Association, amendment. Thank you, Madam Speaker. the Governor. So we have at least three groups who have come out in opposition, but that is the whole point of a commission - On the question recurring, to balance both sides, to try to look at this objectively just to Will the House agree to the amendment? see, as we pass laws in the next session, whether there are some adjustments we can make. It is just- It is not delaying The following roll call was recorded: anything, as one of the gentlemen said, because this is not a moratorium. All we are doing is studying things. YEAS-67 So, Madam Speaker, this is just a study commission just to give us advice on maybe we can make some adjustments to Bebko-Jones George Pesci Stetler Belardi Gruitza Petrarca Sturla make the system more fair. So I ask for an affirmative vote. Belfanti Haluska Petrone Surra Thank you. Bishop Hennessey Preston Tangretti The SPEAKER pro tempore. The Chair recognizes Buxton Horsey Ramos Thomas the Caltagirone James Rieger Tigue gentleman from Philadelphia, Mr. Horsey. Cam Josephs Roberts Trel lo Mr. HORSEY. Thank you, Madam Speaker. Cawley Kirkland Robinson Trich Cohen, M. LaGrotta Roebuck Van 1-lorne Madam Speaker, I rise to support the Vitali amendment, Colafella Laughlin Rooney Veon Madam Speaker. Cuny Levdansky Rubley Vitali New Hampshire, both their House and Senate, did vote on a DeLuca Manderino Sarnuelson Walko moratorium on capital punishment. It was approved in both the Donatucci Markosek Santoni Washington Eachus Michlovic Scrimenti waters House and the Senate in New Hampshire, and the Governor Evans Mundy Snyder Youngblood refused to sign it. The Texas State Supreme Court just issued a Frankel Myers Staback Zimmerman Freeman Oliver Steelman stay based on capital punishment being implemented in Texas as being arbitrary and capricious. So this issue is a timely issue. I think Representative Vitali is NAYS-125 on the right track. There are a great number of questions that are Adolph Egoif Lucyk Ruffing open relative to the question of capital punishment and how it is Allen Fairchild Lynch Sainato implemented in the State of Pennsylvania. For example, what is Argall Fargo Maher Sather the educational background of most of the persons who receive Armstrong Feese Maitland Saylor Baker Fjchter Major Schroder capital punishment? What is the academic background and the Bard Fleagle Mann Schuler professional background of the lawyers who defend people Barley Flick Marsico Senimel relative to capital punishment? Because I know that in one Barrar Forcier Masland Shaner district attorney’s office, they have an attorney who has been Bastian Gannon Mayemik Smith, B. Battisto Geist McCall Smith, S. H. prosecuting capital punishment cases for 20 years, and in the Benninghoff Gladeck McGeehan Solobay public defender’s office, they may have someone who has been Birmelin Godshall McGill Stairs there for 1 year and he is trying to defend against a guy who has Blaum Gordner Mcllhattan Steil 20 years’ experience. So inevitably that person is going to be Boyes Grucela Mcllhinney Stem Browne Habay McNaughton Stevenson found guilty and is going to receive capital punishment. Bunt Hanna Metcalfe Strittmatter There are many, many inequities, and I am not going to go Butkovitz Harhai Micozzie Taylor, E. Z, through the litany of what they are at this moment. There are Casorio Harhart Miller. R. Taylor. J, many, many inequities that need to be looked at so that we need Chadwick Hasay Miller, S. True Civera Herman Nailor Tulli to, in the House and the Senate and the Governor, by the way, Clark Hershey Nickol Vance we need to make a determination by our chambers as to whether Clymer Hess O’Brien Wilt Cornell Hutchinson One Wogan 1214 LEGISLATIVE JOURNAL-HOUSE JUNE 6
Costa Jadlowiec Perzel Wojnaroski Cornell Keller Ramos Veon Coy Kaiser Phillips Wright Costa Kenney Raymond Vitali Dailey Keller Pippy Yewcic Coy Kirkland Readshaw Walko Daley Kenney PlaIts Yudichak Cuny Krebs Remand Washington Daily Krebs Raymond Zug Dailey LaGrona Rieger Waters Dempsey Lawless Readshaw Daley Laughlin Roberts Wilt Dermody Lederer Reinard Daily Lawless Robinson Wogan DeLuca Lederer Roebuck Wojnaroski DiGirolamo Leh Rohrer Ryan, Dempsey Leh Rohrer Wright Druce Lescovitz Ross Speaker Dermody Lescovitz Rooney Yewcic DeWee Levdansky Ross Youngblood NOT VOTING-3 DiGirolamo Lucyk Rubley Vudichak Donatucci Lynch Ruffing Zimmerman DeWeese Melio Travagho Druce Maher Sainato Zug Eachus Maitland Samuelson Egolf Major Santoni Ryan, EXCUSED-6 Evans Manderino Sather Speaker Fairchild Cappabianca Corr-igan Pistella Williams Cohen, L. I. Gigliotti NAYS-U
NOT VOTING-U Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment EXCUSED-S was not agreed to. Cappabianca Corrigan Pistella Williams On the question recurring, Cohen, L. I. Gigliotti Will the House agree to the bill on third consideration as amended? Bill as amended was agreed to. The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative The SPEAKER pro tempore. This bill has been considered and the bill passed finally. on three different days and agreed to and is now on final Ordered, That the clerk present the same to the Senate for passage. concurrence. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and VOTE CORRECTIONS nays will now be taken. The SPEAKER pro tempore. For what purpose does the The following roll call was recorded: gentleman, Mr. Trello, rise? Mr. TRELLO. Madam Speaker, I am sorry. I did not want to YEAS-195 speak on that bill. I just wanted to know if it is appropriate at this time to correct the record. Adolph Fargo Mann Sayior Allen Feese Markosek Schroder The SPEAKER pro tempore. You may proceed. Argall Fichten Marsico Schuler Mr. TRELLO. On HB 2152, amendment 2163, I voted in the Armstrong Fleagie Masland Scrimenti affirmative. I want to be recorded in the negative. Raker Flick Mayernik Semmel Bard Forcier McCall Shaner The SPEAKER pro tempore. The Chair thanks the Barley Frankel McGeehan Smith, B. gentleman. Your vote will be cast upon the record. Barrar Freeman McGill Smith, S. H. Mr. TRELLO. And I thank you, Madam Speaker. Bastian Gannon Mcllhattan Snyder Battisto Geist Mcllhinney Solobay The SPEAKER pro tempore. The Chair recognizes the Bebko-Jones George McNaughton Staback gentleman, Mr. Melio, from Bucks County. For what purpose Belardi Gladeck Meho Stairs does the gentleman rise? Belfanti Godshall Metcalfe Steelman Benninghoff Gordner Michlovic Steil Mr. MELIO. To correct the record, Madam Speaker. Birmelin Grucela Micozzie Stem The SPEAKER pro tempore. You may proceed. Bishop Gruitza Miller, R. Stetier Mr. MELIO. On the Vitali amendment on the last bill, Blaum Habay Miller. S. Stevenson Boyes Haluska Mundy Strittmatter I pushed the wrong button. I would like to be recorded in the Browne Hanna Myers Sturla affirmative. Bunt Harhat Nailor Surra The SPEAKER pro tempore. The Chair thanks the Butkovitz Harhart Nickoi Tangretti - Buxton Hasay O’Brien Taylor, E. Z gentleman. Your vote will be cast upon the record. Caltagirone Hennessey Oliver Taylor, J. For what purpose does the gentleman from Monroe County Cam Herman One Thomas rise? Casorio Hershey Perzei Tigue Cawley Hess Pesci Travaglio Mr. BAnISTO. Thank you, Madam Speaker. Chadwick Horsey Petrarca Trello To correct the record. Civera Huichinson Petrone Trich The SPEAKER pro tempore. You may proceed. Clark Jadlowiec Phillips True Clymer James Pippy Tuili Mr. BATTISTO. On amendment 2163 to HB 2152, 1 was Cohen, M. Josephs Plaits Vance mistakenly recorded in the affirmative. I would like to be Colafella Kaiser Preston Van Home recorded in the negative, please. Thank you. 2000 LEGISLATIVE JOURNAL-HOUSE 1215
The SPEAKER pro tempore. The Chair thanks the Amend Sec. I Sec. 107, page 2, lines 14 through 30, by striking gentleman. Your vote will be cast upon the record. out all of said lines and inserting "Designated growth area," a region within a county or counties described in a municipal or multimunicipal plan that preferably REMARKS SUBMITTED FOR THE RECORD includes and surrounds a city, borough or village, and within which residential and mixed use development is permitted or planned for at The SPEAKER pro tempore. The Chair recognizes the densities of one unit to the acre or more, commercial, industrial and gentleman, Mr. Lescovitz. institutional uses are permitted or planned for and public infrastructure Mr. LESCOVITZ. Thank you, Madam Speaker. services are provided or planned. I just need to submit some remarks for the record. The SPEAKER pro tempore. The Chair thanks the "Development of regional significance and impact," any land upon the record. development that, because of its character, magnitude, or location will gentleman. Your remarks will be spread have substantial effect upon the health, safety, or welfare of citizens in more than one municipality. Mr. LESCOVITZ submitted the following remarks for the Legislative Journal: "Future growth area:’ an area of a municipal or multimunicipal plan outside of and adjacent to a desiiated growth area where Mr. Speaker, I rise today to express my strong support for this residential, commercial, industrial and institutional uses and legislation that will, finally, free up the remainder of the $60-million development are permitted or planned at varying densities and public financial assistance package for farm families hurt by the 1999 infrastructure services may or may not be provided, but future drought. development at greater densities is planned to accompany the orderly I must also register my frustration at how long it has taken the extension and provision of public infrastructure services. majority leadership to get to this point. It is almost a full year after the drought first hit our state and, still, farmers are waiting. "Multimunicipal plan." a plan developed and adopted by any If you had followed our lead, you would have dealt with this crisis number of contiguous municipalities, including a joint municipal plan last September. as authorized by this act. Ifyou had followed our lead, you would not have muscled votes to cut the relief package by $70 million. "Public infrastructure area," a designated growth area and all or If you had followed our lead, you would never have placed an any portion of a future growth area described in a county or arbitrary cap on the State assistance package that virtually guaranteed multimunicipal comprehensive plan where public infrastructure farmers would have to wait.. .and wait...and wait. services will be provided and outside of which such public What do you say to the farmers who have had trouble getting a line infrastructure services will not be required to be publicly financed. of credit this spring because of this delay? "Public infrastructure services." services that are provided to What do you say to the prominent farm families like the Landsidles areas with densities of one or more units to the acre, which may include or the Pallmans in the Clarks Summit area that sold out at sanitary sewers and facilities for the collection and treatment of public auction this spring? sewage, water lines and facilities for the pumping and treating of water, This package was too little to help them then.. and it is too late to parks and open space, streets and sidewalks, public transportation and help them now. other services that may be appropriate within a growth area, but shall Farmers in Pennsylvania should not be grateful for the action taken exclude fire protection and emergency medical services and any other here today. They should be outraged at the inexcusable delay and service required to protect the health and safety of residents. misadministration of this program. "Rural resource area," an area described in a municipal or multimunicipal plan within which rural resource uses including, but not BILL ON THIRD CONSIDERATION limited to, agriculture, timbering, mining, quarrying and other extractive industries, forest and game lands and recreation and tourism The House proceeded to third consideration of RB 14, are encouraged and enhanced, development that is compatible with or PN 3295, entitled: supportive of such uses is permitted, and public infrastructure services are not provided except in villages. An Act amending the act of July 31, 1968 P.L.805, No.247, known as the Pennsylvania Municipalities Planning Code, adding a "Specific plan," a detailed plan for nonresidential development of definition; providing for intergovernmental cooperative planning and municipal or multimunicipal implementation agreements and for traditional neighborhood an area covered by a comprehensive plan, development; further providing for repeals; and making an editorial which when approved and adopted by the participating municipalities change. through ordinances and agreements, supersedes all other applicable ordinances. On the question, "Village," an unincorporated settlement that is part of a township Will the House agree to the bill on third consideration? where residential and mixed use densities of one unit to the acre or more exist or are permitted and commercial, industrial or institutional Mr. STELL offered the following amendment No. A2797: uses exist or are permitted. Amend Bill, page 3, lines 2 through 30; pages 4 through 28, Amend Title, page 1, line 20, by striking out "A DEFINITION" lines I through 30 and page 29, lines I through 3, by striking out all of and inserting said lines on said pages and inserting definitions Section 2. Sections 916.1 and 1006-A of the act are amended by Amend Title, page I, line 22, by striking out "AND FOR adding subsections to read: TRADITIONAL NEIGHBORHOOD DEVELOPMENT" Section 916.1. Validity of Ordinance; Substantive Questions.- Amend Sec. I, page 2, line 8, by striking out "A DEFINITION" and inserting h Where municipalities have adopted a multimunicipal definitions comprehensive plan pursuant to Article Xl but have not adopted a 1216 LEGISLATIVE JOURNAL-HOUSE JUNE 6 joint municipal ordinance pursuant to Article VIII-A and all only in those areas within which anticipated growth and municipalities participating in the multimunicipal comprehensive plan development can adequately be sustained within the financial and have adopted and are administering zoning ordinances generally environmental resources of the area, consistent with the provisions of the multimunicipal comprehensive 10 To identify those areas where growth and plan, and a challenge is brought to the validity of a zoning ordinance of development will occur so that a full range of public a participating municipality involving a proposed use, then the zoning infrastructure services including sewer, water, higiways, police hearing board or governing body, as the case may be, shall consider the and fire protection, public schools, parks, open space and other availability of uses under zoning ordinances within the municipalities services can be adequately planned and provided as needed to participating in the multimunicipal comprehensive plan within a accommodate the growth that occurs. reasonable geographic area and shall not limit its consideration to the II To encourage innovations in residential, application of the zoning ordinance on the municipality whose zoning commercial and industrial development to meet growing ordinance is being challenged. population demands by an increased variety in type, design and Section 1006-A. Judicial Relief,_* * * layout of structures and by the conservation and more efficient b.I Where municipalities have adopted a multimunicipal use of open space ancillary to such structures, comprehensive plan pursuant to Article Xl but have not adopted a 12 To facilitate the development of affordable and joint municipal ordinance pursuant to Article VllI-A and all other types of housing in numbers consistent with the need for municipalities participating in the multimunicipal comprehensive plan such housing as shown by existing and proiected population and have adopted and are administrating zoning ordinances generally employment data for the region. consistent with the provisions of the multimunicipal comprehensive Section 1102. [Creation, Appointment and Operation of Joint plan, and a challenge is brought to the validity of a zoning ordinance of Municipal Planning Commission-The governing bodies of two or a participating municipality involving a proposed use, then the court more municipalities may by ordinance authorize the establishment and shall consider the availability of uses under zoning ordinances within participation or membership in and support of, a joint municipal the municipalities participating in the multimunicipal comprehensive planning commission, The number and qualifications of the members plan within a reasonable geographic area and shall not limit its of such planning commission and their terms and method of consideration to the application of the zoning ordinance on the appointment or removal shall be such as may be determined and agreed municipality whose zoning ordinance is being challenged. upon by the governing bodies. Members of a joint municipal planning * * commission shall serve without salary but may be paid expenses, Section 3. The heading of Article Xl and sections 1101, 1102, incurred in the performance of their duties, The joint municipal 1103,1104, 1105, 1106 and 1107 ofthe act are amended to read: planning commission shall elect a chairman whose term shall not ARTICLE XI exceed one year and who shall be eligible for reelection, The [Joint Municipal Planning Commissions] commission may create and fill such other offices as it may determine. Intergovernmental Cooperative Planning Every joint municipal planning commission shall adopt rules for the and Implementation Agreements transactions, findings and determinations, which record shall be a Section 1101. [Legislative Finding and Declaration of Policy.- public record. Each participating or member municipality may from For the purpose of encouraging municipalities to effectively plan for time to time, upon the request of the joint municipal planning their future development and to coordinate their planning with commission, assign or detail to the commission any employees of the neighboring municipalities, counties and other governmental agencies, municipality to make special surveys or studies.] and promoting health, safety, morals and the general welfare of the Intergovernmental Cooperative Planning and Implementation various areas in the Commonwealth through the effective development Agreements-For the purpose of developing, adopting and of such areas, the following powers for the establishment and operation implementing a comprehensive plan for the entire county or for any of joint municipal planning commissions are hereby granted.] area within the county, the governing bodies of municipalities located Purposes.-lt is the purpose of this article: within the county or counties may enter into intergovernmental I To provide for development that is compatible with cooperative agreements, as provided by 53 Pa.C,S. Ch. 23 Such, A surrounding land uses and that will complement existing relating to intergovernmental cooperation, except for any provisions land develojxnent with a balance of commercial, industrial and permitting initiative and referendum, Such agreements may also be residential uses. entered into between and among counties and municipalities for areas 2 To protect and maintain the separate identity of that include municipalities in more than one county, and between and Pennsylvania’s communities and to prevent the unnecessary among counties, municipalities, authorities and special districts conversion of valuable and limited agricultural land. providing water and sewer facilities, transportation planning or other 3 To encourage cooperation and coordinated planning services within the area of a plan and with the opportunity for the among adioining municipalities so that each municipality active participation of State agencies and school districts. accommodates its share of the multimunicipal growth burden and Implementation of the comprehensive plan and subdivision and zoning does not induce unnecessary or premature development of rural ordinances shall be accomplished in accordance with articles of this act, 4 To minimize disruption of the economy and Section 1103. [Finances. Staff and Program.-a The governing environment of existing communities. bodies of municipalities shall have the authority to appropriate funds 5 To complement the economic and transportation for the purpose of contributing to the operation of a joint municipal needs of the region and this Commonwealth. planning commission. A joint municipal planning commission, with the 6 To provide for the continuation of historic consent of all the governing bodies, may also receive grants from the community patterns. Federal or State governments, or from individuals or foundations, and 7 To provide for coordinated highways, public services shall have the authority to contract therewith. Every joint municipal and development. planning commission shall have the power to appoint such employees 8 To ensure that new public water and wastewater and staff as it may deem necessary for its work, and contract with treatment systems are constructed in areas that will result in the planners and other consultants for the services it may require to the efficient utilization of existing systems, prior to the development extent permitted by its financial resources. Each such commission may and construction of new systems. also perform planning services for any municipality which is not a 9 To ensure that new pior extension of existing member thereof and may charge fees for the work, A joint municipal public water and wastewater treatment systems are constructed 2000 LEGISLATIVE JOURNAL-HOUSE 1217 planning commission may also prepare and sell maps, reports, bulletins every municipality, but shall be planned and provided for within or other material and establish reasonable charges therefor. a reasonable geographic area of the plan. a.l A joint municipal planning commission shall, at the request 5 Plan for developments of area wide significance and of the governing bodies of the participating or member municipalities, impact, particularly those identified in section 3013 and 4, have the power and shall be required to undertake any of the activities 6 Plan for the conservation and enhancement of the specified in section 209.1. Such activities shall relate to the area natural, scenic, historic and aesthetic resources within the area of encompassed by the participating or member municipalities. the plan, including, but not limited to. surface and groundwater b For this purpose, a joint municipal planning commission resources, air quality, forest and game lands, historic sites and may, with the consent of all the governing bodies, accept and utilize scenic vistas. any funds, personnel or other assistance made available by the Federal b The county may facilitate a multimunicipal process and may or State governments or any of their agencies, or from individuals or enter into cooperative planning agreements with participating foundations, and for the purposes of receiving and using Federal or municipalities governing particular planning subiects and State planning grants for provision of planning assistance may enter responsibilities, The planning process shall include a public into agreements or contracts regarding acceptance or utilization of the participation process to assure that all governing bodies, municipal funds or assistance. authorities, school districts and agencies, whether public or private, c The ordinance which creates a joint municipal planning having jurisdiction or operating within the area of the plan and commission shall: landowners and citizens affected by the plan have an opportunity to be I State the purpose for the creation of the planning heard prior to the public hearings required for the adoption of the plan commission. under section 302a. 2 Specify which of the activities identified by this act c Adoption of the plan and plan amendments shall conform to the joint municipal planning commission shall be authorized to the requirements of section 302, and may be reflected on the official undertake. map of each participating municipality pursuant to section 401. Where 3 Specify which activities shall remain with the local a county and municipality have developed and adopted a planning commissions, when they are retained, comprehensive county or multimunicipal plan that conforms to the 4 Specify the notice and procedures which a member requirements of this article within five years prior to the date of municipality must follow when withdrawing from the joint adoption of this article, the plan may be implemented by agreements as municipal planning commission, provided for in this article. 5 Specify the notice and procedures when the member Section 11.04. [Preparation of Comprehensive Plan.-a Every municipalities decide to dissolve the joint municipal planning joint municipal planning commission may prepare and maintain a commission.] comprehensive plan, in accordance with the provisions of this act, for County or Multimunicipal Comprehensive Plans.-a The the guidance of the continuing development of the area encompassed comprehensive plan that is the subiect of an agreement may be by the participating or member municipalities. The governing bodies developed by the municipalities or at the request of the municipalities, shall have the power to adopt and amend the joint municipal by the county planning agency, or agencies in the case of a plan comprehensive plan. Said joint municipal comprehensive plan shall be covering municipalities in more than one county, in cooperation with a prerequisite for a joint municipal zoning ordinance as specified in this municipalities within the area and shall include all the elements act. required or authorized in section 301 for the region of the plan. The b Such joint municipal comprehensive plan shall specifically plan may identify issues of significance to the area which is encompassed by the I Designate growth areas where: participating or member municipalities and shall specify those il Orderly and efficient development to municipal activities which will require coordination or cooperation accommodate the proiected growth of the area within the among them. next 20 years is planned for residential and mixed use c In the preparation of the joint municipal comprehensive plan, densities of one unit or more per acre, consideration shall be given to the comprehensive plans of the county, ii Commercial, industrial and institutional uses adjoining municipalities and the member or participating municipalities to provide for the economic and employment needs of in order that the objectives of each plan can be protected to the greatest the area and to insure that the area has an adequate extent possible and to attain consistency between the various plans and tax base are planned for, the joint municipal comprehensive plan.] iii Services to serve such development are Implementation Agreements,-a In order to implement provided or planned for, multimunicipal comprehensive plans, under section 1103 counties and 2 Designate potential future growth areas where future municipalities shall have authority to enter into intergovernmental development is planned for densities to accompany the orderly cooperative agreements, extension and provision of services, b Cooperative implementation agreements between a county 3 Designate rural resource areas, if applicable, where: and one or more municipalities shall: i Rural resource uses are planned for. I Establish the process that the narticipatinQ ii Developmei,t at densities that are compatible municipalities will use to achieve general consistency between with rural resource uses are or may be permitted, the county or multimunicipal comprehensive plan and zoning iii Publicly financed infrastructure services ordinances, subdivision and land development and capital may not be provided or planned for except in villages. improvement plans within participating municipalities, including unless the participating or affected municipalities agree adoption of conforming ordinances by participating that such service should be provided to an area for health municipalities within two years and a mechanism for resolving or safety reasons or to accomplish one or more of the disputes over the interpretation of the multimunicipal purposes set forth in section 1101. comprehensive plan and the consistency of implementing plans 4 Plan for the accommodation of all categories of uses and ordinances, within the area of the plan, including a wide range of housing 2 Establish a process for review and approval of opportunities for all income levels and a reasonable allocation of developments of regional significance and impact that are affordable housing to accommodate low to moderate-income proposed within any participating municipality. Subdivision and households within the municipalities that are included in the land development approval powers under this act shall only be plan, provided, however, that all uses need not be provided in exercised by the municipality in which the property where the 1218 LEGISLATIVE JOURNAL-HOUSE JUNE 6
approval is sought. Under no circumstances shall a subdivision or 2 To adopt a transfer of development rights program land development applicant be ruired to undergo more than by adoption of an ordinance applicable to the region of the plan one approval process. so as to enable development rights to be transferred from rural 3 Establish the role and responsibilities of participating resource areas in any municipality within the plan to designated municipalities with respect to implementation of the plan, growth areas in any municipality within the plan. including the provision of public infrastructure services within c Nothing in this article shall be construed to authorize a participating municipalities as described in subsection d, the municipality to regulate the allocation or withdrawal of water resources provision of affordable housing, and purchase of real property. by a municipal authority or water company that is otherwise regulated including rights-of-way and easements. by the Pennsylvania Public Utility Commission or other Federal or 4 Recuire a yearly report by participating State agencies or statutes. municipalities to the county planning agency and by the county d Nothing in this article shall be construed as limiting the planning agency to the participating municipalities concerning authority of the Pennsylvania Public Utility Commission over the activities carried out pursuant to the agreement during the implementation, location, construction and maintenance of previous year. Such reports shall include summaries of public public utility facilities and the rendering of public utility services to the infrastructure needs in growth areas and progress toward meeting public. those needs through capital improvement plans and Section 1106. [Established Regional Planning Commission,- implementing actions, and reports on development applications Municipalities which are presently participating in an existing regional and dispositions for residential, commercial, and industrial planning commission or a joint municipal planning commission shall development in each participating municipality for the purpose of comply with and be governed by the provisions of this act within evaluating the extent of provision for all categories of use and five years from the effective date of this amendatory act.] housing for all income levels within the region of the plan, Specific Plans,-a Participating municipalities shall have authority to 5 Describe any other duties and responsibilities as may adopt a specific plan for the systematic implementation of a county or be agreed upon by the parties. multimunicipal comprehensive plan for any nonresidential part of the c Cooperative implementation agreements may designate area covered by the plan. Such specific plan shall include a text and a growth areas, future growth areas and rural resource areas within the diagram or diagrams and implementing ordinances which specify all of plan. The agreement shall also provide a process for amending the the following in detail: multimunicipal comprehensive plan and redefining the designated I The distribution, location, extent of area and growth area. future growth area and rural resource area within the plan. standards for land uses and facilities, including design of sewage, d The county mas’ facilitate convening representatives of water, drainage and other essential facilities needed to support municipalities, municipal authorities, special districts, public utilities, the land uses, whether public or private, or other agencies that provide or declare an 2 The location, classification and design of all interest in providing a public infrastructure service in a public transportation facilities, including, but not limited to. streets and infrastructure service area or a portion of a public infrastructure service roads needed to serve the land uses described in the specific plan. area within a growth area, as established in a county or multimunicipal 3 Standards for population density, land coverage. comprehensive plan, for the purpose of negotiating agreements for the building intensity and supporting services, including utilities. provision of such services, The county may provide or contract with 4 Standards for the preservation, conservation, others to provide technical assistance, mediation or dispute resolution development and use of natural resources, including the protection of significant open spaces, resource lands and Section 1105, [Cooperation Among Joint Municipal Planning agricultural lands within or adiacent to the area covered by the Commission, Municipalities and Others-Every joint municipal specific plan. planning commission shall encourage the cooperation of the 5 A program of implementation including regulations, participating municipalities in matters which concern the integrity of financing of the capital improvements and provisions for the comprehensive plan or maps prepared by the commission, and, as repealing or amending the specific plan, Regulations may include an aid toward coordination, all municipalities and public officials shall zoning, storm water, subdivision and land development, highway upon request furnish to thejoint municipal planning commission within access and any other provisions for which municipalities are a reasonable time the available maps, plans, reports, statistical or other authorized by law to enact. The regulations may be amended into information such commission may require for its work.] the county or municipal ordinances or adopted as separate Legal Effect.-a Where municipalities have adopted a county plan or ordinances. Ifenacted as separate ordinances for the area covered a multimunicipal plan is adopted under this article and the participating by the specific plan, the ordinances shall repeal and replace any municipalities have conformed their local plans and ordinances to the counts’ or municipal ordinances in effect within the area covered county or multimunicipal plan by implementing cooperative by the specific plan and ordinances shall conform to the agreements and adopting appropriate resolutions and ordinances, the provisions of the specific plan. following shall apply: b I No specific plan may be adopted or amended unless I Sections 916.1 and 1006-A. the proposed plan or amendment is consistent with an adopted 2 State agencies shall consider and may rely upon county or multi-municipal comprehensive plan. comprehensive plans and zoning ordinances when reviewing 2 No capital project by any municipal authority or applications for the funding or permitting of infrastructure or municipality shall be approved or undertaken, and no final plan, facilities. development plan or plat for any subdivision or development of 3 State agencies shall consider and may give priority land shall be approved unless such projects, plans or plats are consideration to applications for financial or technical assistance consistent with the adopted specific plan, for projects consistent with the county or multimunicipal plan. c In adopting or amending a specific plan, a county and b Participating municipalities that have entered into participating municipalities shall use the same procedures as provided implementation agreements to carry out a county or multimunicipal in this article for adopting comprehensive plans and ordinances. plan as described in this article shall have the following additional d Whenever a specific plan has been adopted, applicants for powers: subdivision or land development approval shall be required to submit I To provide by cooperative agreement for the sharing only a final plan as provided in Article V. provided that such final plan of tax revenues and fees by municipalities within the region of is consistent with and implements the adopted specific plan. the plan. 2000 LEGISLATIVE JOURNAL-HOUSE 1219
e A county or counties and participating municipalities are Further in the original language, State agencies were asked to prohibited from assessing subdivision and land development applicants make available up to 25 percent of the total funding available in for the cost of the specific plan. their grant and loan programs to municipalities that had adopted Section 1107. Saving Clause.-.g The passage of this act and joint intermunicipal comprehensive plans. That language has the repeal by it of any prior enabling laws relating to regional planning shall not invalidate any regional planning commission created under been removed in favor of language that authorizes State such other laws, This act, in such respect, shall be deemed a agencies to consider and to appropriate, if necessary, or to continuation and codification of such prior enabling laws, consider the comprehensive-plan communities in the awarding b The amendment of this article shall not invalidate any ioint of their various grant and loan programs. So it shall consider municipal planning commission established under the former and may include consideration or additional consideration of provisions of this article. A ioint municipal planning commission shall municipalities that are part of intermunicipal comprehensive continue to function under the amended provisions of this article, plans, multimunicipal comprehensive plans. Amend Sec. 3, page 29, line 4, by striking out "3" and inserting Thirdly, this amendment removes the traditional 4 neighborhood development language in favor of the same Amend Sec. 4, page 29, line 12, by striking out "4" and inserting 5 language which will be included in a bill to be voted next week, Those are the three changes, the primary changes, between On the question, FIB 14 as it came out of committee and the amendment, A2797, Will the House agree to the amendment? which you see on the floor before you today. I would ask all members’ support for amendment A2797, The SPEAKER pro tempore. The Chair recognizes the LEAVE OF ABSENCE gentleman from Allegheny County, Mr. Pippy. Mr. PIPPY, Thank you, Madam Speaker. The SPEAKER pro tempore. For what purpose does the I would like to interrogate the maker of the amendment. gentleman, Mr. Coy, rise? The SPEAKER pro tempore. The gentleman agrees. You Mr. COY. Return to the order of business of leaves of may proceed. absence. Mr. PIPPY. Thank you, Madam Speaker. I request a leave of absence for the gentleman, Mr. SURRA, My question or concern deals strictly with the prioritization for the balance of today. of moneys going to communities that are going to opt in to this The SPEAKER pro tempore. The Chair recognizes the plan. My understanding is that you have some "may" provisions gentleman, Mr. Coy, who requests the gentleman, Mr. Surra, in there. My question is, on JIB 14 originally, you mentioned be placed on leave of absence for the remainder of the day. the 25-percent priority going towards communities that join into The Chair thanks the gentleman. this plan, of which I may have some and some I definitely know I will not. If I look at the amendment, at least as it came off the CONSIDERATION OF HB 14 CONTINUED computer, it says now that "State agencies" - and this is a
quote - "shall consider and may rely upon comprehensive plans On the question recurring, and..." provide, to paraphrase, give priority consideration to Will the House agree to the amendment? applications. My question is, given that language, is it now true that 100 percent of the money potentially could be prioritized The SPEAKER pro tempore. On that question, the Chair towards communities that go within the plan? recognizes the gentleman from Bucks County, Mr. Steil. Mr. STEIL. First of all, I think you are referring to Mr. STEIL. Thank you, Madam Speaker. paragraph 3 and not paragraph 2. A2797, amendment to FIB 14, reflects all of the negotiations Mr. PIPPY. Yes. which have been going on with the various interest groups since Mr. STEIL. Paragraph 3 says, "State agencies shall the bill came out of conunittee in April. It particularly reflects consider and may give priority consideration to applications for those negotiations which have occurred since the last 2 weeks or financial or technical assistance for projects consistent with the within the last 2 weeks. county or multimunicipal plan." I would like to just draw for you a comparison between Is it technically feasible? I do not think so because of the JIB 14 as it came out of committee and amendment A2797, oversight of this legislature and this body and the responsibility which will become the complete bill. There are three essential that State agencies have always undertaken in administering areas where there have been amendments. The first is that their various grant and loan programs to be fair to all amendment A2797 removes the definition and all reference to municipalities. I think it is an unreasonable reading of their growth boundaries. That language has been removed throughout prerogatives to assume that they might then grant 100 percent of the bill in favor of designated growth areas, which is in the bill all available funds to multimunicipal-plan communities. and which is agreed-to language from the various interest Mr. PIPPY. So what you are saying is, you do not think they groups. will do that. However, they can do that. The second major change in the bill is in the area affecting Mr. STEIL, There is nothing in here that says they could not, State agencies. In the original bill, State agencies were required but I suspect this legislature would have some significant to be, in their permitting process, consistent with the problems with that. municipalities’ comprehensive plans. That language has been Mr. PIPPY. Well, I would hope so, and my concern here is changed to stipulate that State agency decisions shall consider that issue. and may rely upon the municipalities’ comprehensive plans. Under the past language, we said 25 percent Let us just assume they are only going to use a 25-percent level. A few 1220 LEGISLATIVE JOURNAL-HOUSE JUNE 6 weeks ago we passed a budget; it was an excellent budget. All communities who are just now starting economic development the communities had the belief going into it at that time that we and are looking for infrastructure moneys, we may potentially would all be on an equal playing field and we would all have be in a situation where they will not have as much funding the same opportunities to look through DEP Department of available to them because they did not see the economic growth Environmental Protection, DCED Department of Community in the last 10 years, and that has been my concern with this bill and Economic Development, and other organizations for in general. It has nothing to do with working together; we all grants, infrastructure planning. I am not arguing that we need to want that, but I just do not want some of the smaller suburban, work together. past communities that used to be very rural, have fewer moneys My question and my main concern with this bill, is it now up available to them for infrastructure improvements because of to the Secretary for the Department of Environmental this bill. Protection, the Secretary for the Department of Community and So I would ask my colleagues to please look at this closely. I Economic Development to decide how to implement this still have not made up my mind yet as to what I am going to do. language? Are we taken out of that process that is determining That is a big issue. I think there are some great things in the bill. how the money will go? I commend everyone who has been involved with it, but the Mr. STEIL. Each individual agency by this language is given issue with some people being equal, some people just more the authority to consider. It does say, ",.,shall consider and may equal, does not play well in some of the communities I give priority consideration.,.," So it will be up to the agency to represent. So thank you, Madam Speaker. determine how they will administer those funds, as it is now. Mr. PIPPY. But as it is now, everyone is on the same playing THE SPEAKER PRO TEMPORE commuhities lot of them will opt to this, field. I have that a in SCOT CHADWiCK PRESIDING and rightfully so, because of where they are in the economic J. growth of their areas, but some of them have concerns about The SPEAKER pro tempore. On the amendment, the this, and for those communities - and let us, for lack of a better Chair recognizes the gentleman from Northampton County, in the second the term, say tier, those who are not from Mr. Freeman. southeast and who have not seen the growth of economic Mr. FREEMAN. Thank you, Mr. Speaker. development - for those people, do they now have a smaller pot Mr. Speaker, I rise to support the Steil amendment A2797. when for of money to go for they are looking infrastructure As the gentleman, Mr. Steil, pointed out, this amendment improvement? Many of the communities I represent want reflects a lot of time that has been spent to reach an businesses in to help reduce, keep the property taxes down. Do accommodation to the various groups that have been involved essence, not have as much money available to them they, in in negotiations on this issue. I think it is a fair attempt to address because of this prioritization? the concerns of all parties and truly reflects a consensus on this Mr. STEIL. There is nothing in this bill that says that. As a issue, fact, agency may determine that they will do matter of an I think we would be well served to pass this amendment and nothing, that they will give no money to multiniunicipal-plan to move it forward. This issue is an issue that many of us in this communities. There is nothing in here that requires one answer chamber have worked on for many, many years, and I would or the another. encourage the membership to support the Steil amendment and Mr. PIPPY. But it is left up to the Secretaries for their final passage ofHB 14 with the Steil amendment. discretion? I also want to commend the work of Representative Mr. STEW. It is. Each individual agency, by this language, is Dave Steil to achieving this consensus. I know the tremendous authority to consider and may include in their given the amount of time and effort he has put into this legislation priorities the multimunicipal-plan communities in the terms of to try and get agreement. He has achieved that. It is supported special programs. by the Township Association, 10,000 Friends, the Mr. PIPPY. Thank you very much. Builders Association, and truly reflects, I think, a good-faith Madam Speaker, a comment on the amendment? effort on all the parties to reach language that addresses the The SPEAKER pro tempore. You may proceed. issue and yet accommodates concerns. Mr. PIPPY. First, I want to give a lot of credit to the maker So I would encourage the membership to vote "yes" on the of the amendment. I know he has worked very hard on this Steil amendment. Thank you. amendment and worked with a lot of interested has parties. The SPEAKER pro tempore. The Chair recognizes the The concern of a lot of us, and I will not speak for other gentleman from Blair County, Mr. Geist, on the amendment. have members, but for those whom I talked to, the concern we Mr. GEIST. Thank you very much, Mr. Speaker. we have is that are now changing the playing field. I would For those of us who have not had much time to really we actually support it if wanted to get more money for examine this compromise, I think that there are some serious multimunicipal planning, working consolidations, If we wanted questions that need to be asked, especially when you represent to give them more money so that they can do that, I think that is an area like I do that is a third-class city surrounded by a idea. a great growing township. My concern is, for those communities who may not be from So being that we really have not had much time, I would the southeast or who may not be from certain areas that have really appreciate it if the maker of the amendment would stand we had this exponential growth, what are going to do about for interrogation. them? What we are telling now them is everyone is equal in The SPEAKER pro tempore. The gentleman, Mr. Steil, Pennsylvania, but if you fall under this plan, you are just more indicates that he is willing. You may proceed. equal. So we have equal and more equal, and for those 2000 LEGISLATIVE JOURNAL-HOUSE 1221
Mr. GEIST. Thank you very much, Mr. Speaker. benefit this is, for old third-class cities or old industrial For those of us who have a third-class city or an old area boroughs that want to regenerate, what is the benefit of this with a lot of substandard housing, there is a section of that legislation to them? amendment that addresses reasonable, affordable housing, and Mr. STEIL. Well, I think the biggest benefit of this in this case, Mr. Speaker, how does that address reasonable, legislation is being able to establish the so-called designated affordable housing in a township with $300,000 homes versus a growth areas, because what that does is it takes areas around city with 2,200 deficient housing units if they are in the same existing core residential areas and enables the infill planning area? Does that mean that the township is going to development of those before expansion, especially if expansion have to build so many housing units like that to take that relief of public infrastructure is accomplished outside the designated off the city or is the city going to become more of a dumping growth area. So it places the focus on the areas and infilling in ground for those who cannot afford to live in a prosperous those areas within that designated growth area. township? Now, it also should be pointed out that any city surrounded Mr. STEW. Thank you, Mr. Speaker. by other municipalities may or may not opt in to a First of all, I need to point out that this amendment and multimunicipal plan. In the case that I have just discussed, I HB 14 are totally optional on the municipalities. This is would think it would be very advantageous for them to be part something they choose to do. The language that the speaker of that, because infrastructure development in a core residential referred to is language which says that in planning a area or an existing city is already there. It is paid for. The cost multimunicipal comprehensive plan, that one must provide for of developing those areas is significantly less than going outside all housing types. In other words, one must zone for all housing the designated growth area and building additional types. That is part of current case law, It is part of what infrastructure from scratch. municipalities are already required to do. The only thing that So for those reasons I believe that this is a direct benefit to changes with this bill is they have an opportunity to plan for cities that would participate in a multimunicipal plan. those uses over the area of the plan; that is, the number of Mr. GEIST. Thank you, Mr. Speaker. communities that are part of the multimunicipal plan. So that is May I be recognized on the amendment? what the language refers to. The SPEAKER pro tempore. On the amendment. Mr. GEIST. Thank you, Mr. Speaker. Mr. GEIST. Mr. Speaker, this amendment is so new, so Does this legislation clearly allow for expansion of existing fresh, and is a negotiated amendment that was negotiated with businesses inside and outside the designated growth many groups outside of this General Assembly. I know that boundaries? We need to promote business growth in there are many of us who have not been part of this process, and Pennsylvania and not inhibit it. Does in any way this piece of I guess really we should not be because it is part of what the legislation, would it prohibit the growth of a business that is in committee system should be doing. one of those areas? I am very concerned about making a vote on a piece of Mr. STEW. First of all, there are no growth boundaries legislation like this that I do not really know the impact, A, for mentioned in this bill. There is no defmition of a growth the growth township that I represent, and B, for the third-class boundary. There are designated growth areas. Those areas are city I represent, which really needs help in development, and I defmed as the limits or the area within which public do not want to make a vote that is going to be an impediment to infrastructure is provided. Now, there is nothing in this bill that that city. says a municipality or a company or a builder may build outside So, Mr. Speaker, whatever we can do- I hope we get some the area. It is only a question of what the responsibility of the awfully good explanation in the next couple of minutes here so municipality is to provide infrastructure outside the area. we can make an informed vote. I know I probably sound a lot Mr. GEIST. Thank you, Mr. Speaker. like Representative Paul Wass used to in years past about, well, How does this bill address an expedited approval process for how does this affect Indiana County? I do not know how this property within the established designated growth boundaries? affects Blair County. I have read it on the computer; I had these What incentives have you included to ensure that this happens? questions I jotted down. I am really concerned about this. I Mr. STEIL. Well, first of all, I have to point out again that think that this is an important piece of legislation. there are no growth boundaries in this bill. There are designated I would like to commend Representative Steil for the amount growth areas. of work that he has done on it. I think it is well purposed and There is a new concept contained in this bill called the well meaning. But for those of us who have the unique specific plan. This would allow builders and developers for situations that we have in western Pennsylvania versus what we commercial and industrial development to use an expedited have in eastern Pennsylvania, I think we really need to take a planning process and enable moving a plan directly to final careful look at this, and I would hope that we would do this plan, because all of the groundwork in terms of developing during debate, and the best thing we can do is try to get as much infrastructure, dealing with drainage, site location, all of that information as we can from the maker of the amendment. could have been done previously. This is an issue that we Thank you. wanted to specifically provide in a multimunicipal plan to The SPEAKER pro tempore. On the amendment, the Chair enable more rapid movement and development of those areas, recognizes the gentleman from Monroe County, Mr. Battisto. particularry for commercial and industrial uses. Mr. BATTISTO. Thank you, Mr. Speaker. Mr. GEIST. Mr. Speaker, if you have a county where all the I would like to interrogate the maker of the amendment, municipalities join together and you have one depressed city in please. that group, say that all the municipalities around Johnstown or all the municipalities around Altoona opted in, tell me what 1222 LEGISLATIVE JOURNAL-HOUSE JUNE 6
The SPEAKER pro tempore. The gentleman, Mr. Steil, Mr. STEW. Yes, they could do that. It is called designated indicates that he is willing to stand for interrogation. You may growth area and would be well within the scope of this proceed. legislation. Mr. BATTISTO. Thank you, Mr. Speaker. Mr. BATTISTO. And could they then possibly try to steer all Mr. Speaker, I would like to ask a couple of questions. First growth to the area where the infrastructure is and probably of all, with respect to common planning, would it be possible preserve the fanniand in the surrounding municipality? for two municipalities to enter into an agreement and adopt a Mr. STEIL. Yes. It would allow them to designate the common comprehensive plan and assign certain uses to only growth area, the future growth area, and the rural resource area. one of those two municipalities; for example, location of a So it actually allows them to establish three separate areas prison, location of some kind of processing thing like a within which they would plan for future growth and slaughterhouse or something? Is that possible for just two development. municipalities to enter into a common agreement? Mr. BATTISTO. Thank you, Mr. Speaker. Mr. STEIL. Yes, Mr. Speaker, that is possible, and that is the Mr. Speaker, that uses up all my questions, but I have a core essence of this bill, that any number of municipalities, two comment to make on the bill. or more, -may agree to plan cooperatively, to zone cooperatively, The SPEAKER pro tempore. The gentleman is recognized. and therefore, this legislation gives them the ability to plan for Mr. BATTISTO. Mr. Speaker, I first of all would like to specific uses in only one or two areas of the municipalities. commend Representative Steil of the other side for the Mr. BA1TISTO. But not in the other, right? tremendous amount of work he put into this bill. I know his Mr. STEW. It would be up to them to decide where they original House bill that came out of committee was, I think, a would want to place the uses as the part of good planning. little better possibly, a little stricter, but this amendment that he Mr. BATTISTO. Thank you. Another question. has come up with I believe is quite workable. Mr. Speaker, it is my understanding that your amendment I would also like to commend on our side of the aisle does not mandate consistency between, let us say, a county Bob Freeman for the tremendous amount of work he has done. comprehensive plan and the comprehensive plan of each He goes back about 10 years, but I think I remember HB 2262 - municipality in that county. Is that correct, it does not mandate I believe that was the number - that I strongly supported. it? I would like to encourage members on both sides to support Mr. STEIL. The legislation, the way it is now, it says that this amendment. I think it is a very, very solid first step. It gives such plans should be consistent, but it does not mandate, the municipalities tools that they do not have now, and I think it especially between the municipality and the county. That is for is an intelligent way to proceed with respect to dealing with the the two parties to work out. idea of unplanned growth and sprawl and to prevent some of the Mr. BATTISTO. What about within a municipality? For waste in infrastructure that we now have been experiencing example, what about that municipality’s comprehensive plan throughout our Commonwealth for the past 10 years or more. and its zoning ordinance? Is there anything about that? So it is a good start, I commend the people involved in it, and I Mr. STEW. It is not in this bill. We will have that issue on certainly ask for a positive vote. Thank you, Mr. Speaker. SB 300, because that is applicable to all municipalities whether The SPEAKER pro tempore. On the amendment, the or notthey are part of a multimunicipal plan. Chair recognizes the gentleman from Dauphin County, Mr. BATTISTO. All right. If it does not mandate then Mr. McNaughton. consistency between a county’s comprehensive plan and each Mr. McNAUGHTON. Thank you, Mr. Speaker. municipality, how does it encourage it? What kinds of Mr. Speaker, may I interrogate the maker of the amendment? incentives encourage that? The SPEAKER pro tempore. The gentleman indicates his Mr. STEW. What we hope will encourage municipalities to willingness. You may proceed. be part of this multimunicipal plan are some of the incentives Mr. McNAUGHTON. Thank you. built into it. First and foremost is the incentive of not having to Mr. Speaker, relative to the funding issues that we heard provide for every use in every municipality. That is, I think, the earlier for specific government programs like DCED and chief and the number one incentive given. The other incentives PENNVEST, what changes or what process currently used that are provided are those that may make them eligible for today for granting approval will change with the approval of some additional criteria or priority in State grant and loan this amendment and the passage of the bill? programs. There is the ability to transfer development rights Mr. STEIL. There is nothing that actually changes in the among municipalities, which is new. There is the ability to share sense that the agencies today establish the criteria by which they revenues between municipalities if they so choose. So it is those award certain grants and loans. The only thing that this types of incentives that we believe are part of this bill that will legislation asks is that they add one criteria to that make municipalities or will lead municipalities into joint consideration, and that is the criteria of whether or not there is a multimunicipal planning. multimunicipally planned community involved. Mr. BATTISTO. Thank you. One more question, Mr. McNAUGHTON. So it would be fair to say that for all Mr. Speaker. intents and purposes, nothing changes from today with the Mr. Speaker, you indicated that your amendment does not passage of this bill for the future granting of funding. talk about growth boundaries, but, for example - let me paint a Mr. STEW. I would say that that is correct, that it has no scenario - could two boroughs surrounded by a township, could effect on the ultimate decisions that they make. they enter into an intergovernmental agreement and, therefore, Mr. McNAUGHTON. Okay. Thank you, Mr. Speaker. adopt a common comprehensive plan and, in essence, designate What aspects of this amendment or bill are mandates on a core part of those two boroughs as a primary growth area? municipalities throughout the Commonwealth of Pennsylvania? 2000 LEGISLATIVE JOURNAL-HOUSE 1223
Mr. STEW. There are no mandates in this bill. Everything with the multimunicipal comprehensive plans, I think it is that we have put into it is an attempt to lead municipalities into actually more important to preserve that specific language, and I doing good planning. We have not mandated that they do this. think that also, in light of some of the letters that we have This is totally optional. Communities will decide whether this received on this legislation, suggests that that is one of the program works in their best interests. I think we came to the strengths of HB 14, that that would be a requirement that every conclusion a long time ago that we were never going to push municipality provide for every possible use, that that would our municipalities to do something they did not want to do. We change. And I am concerned, Mr. Speaker, in that I have been have to set forth an opportunity for them, a program for them, around here a little while, and we have two bills that are sort of give them the necessary incentives, and we believe that in the moving in tandem but they are not exactly locked in stride, and end they will then do good planning. it is kind of like we have three shells and there are two balls Mr. McNAUGHTON. Thank you, Mr. Speaker. under one of each of those shells - there is HR 14 and SB 300- That ends my interrogation. On the amendment. and as those shells are moving around, I am afraid at the end of The SPEAKER pro tempore. The gentleman is recognized. the day I am going to look under each one of those shells and Mr. McNAUGHTON. Thank you, Mr. Speaker. not find the item I am looking for. Mr. Speaker, I think we tried to address a couple of concerns So I guess at this point my final question to you, that were raised here earlier today with the interrogation of the Mr. Speaker, is, are you willing to at least stand up and try to maker of the amendment, and I wholeheartedly agree that it is help us retain that language in SB 300 that would provide for voluntary and that it does not affect future funding of specific the preservation of those mineral estates as was previously programs for municipalities throughout the Commonwealth of noted in HB 14? Pennsylvania. This has been a long work in progress. Mr. STEW. Thank you, Mr. Speaker. Representative Steil has worked very diligently and Negotiations are going on during today and tomorrow in an aggressively in coming to a compromise with the outstanding attempt to work out the language with the owners of mineral interest groups relative to this particular issue, and I would ask estates, particularly the Coal Association and the Aggregates that the members of the legislature vote in the affirmative on the Association. Senator Gerlach, who is the sponsor of SB 300, amendment. ultimately has to be involved in these negotiations. I believe and Thank you, Mr. Speaker. I support the rights of mineral estate owners to utilize their The SPEAKER pro tempore. The gentleman from estate as the courts have already allowed them to do. and we Jefferson County, Mr. Smith, is recognized on the amendment. want to make sure that the language ultimately supports that. Mr. S. H. SMITH. Thank you, Mr. Speaker. Mr. S. H. SMITH. Thank you. Mr. Speaker. I would like to interrogate the maker of the amendment, That concludes my interrogation. I would just like to make please. another comment on the amendment. The SPEAKER pro tempore. The gentleman, Mr. Steil, The SPEAKER pro tempore. The gentleman is recognized. indicates that he is willing. You may proceed. Mr. S. H. SMITH. Thank you, Mr. Speaker. Mr. S. H. SMITH. Thank you, Mr. Speaker. I am not sure whether I even want to support the amendment. Mr. Speaker, in a previous draft of HB 14 there was I guess it is a little bit better than what the bill is. As the maker language that was then referenced under "Judicial Relief," of the bill knows, I am not very supportive of the direction that and I think under your current amendment it is referred to as all of this land-use-planning legislation is taking us. However, I "Legal Relief," and it has to do with language that in the suspect that the amendment is probably a little better than the previous draft stated that except for a determination that bill currently, so I am probably going to vote for it. reasonable development of mineral estates is provided I likewise, as a previous speaker had raised, do have throughout the municipality by the zoning ordinance of that questions regarding the impact that the language here would municipality. Of course, what that deals with is whether or not a have on State agencies where it says that they "shall consider joint municipal plan could exclude the development of a and may give priority." I think the difference here is that I do mineral estate within township A but allow for it in township B, not have a real problem with them, with State agencies, and I would like to know why that particular language was considering such plans and taking that into account, but deleted from this amendment that we are currently considering whenever you start talking about "may give priority," then to HB 14. suddenly that says to me that a municipality that is out there Mr. STEW. Thank you, Mr. Speaker. alone, maybe doing a good job of planning on their own, may The reason why that specific language was deleted is lose out on an opportunity because they will not score quite as because this bill is a multimunici$al plan or comprehensive plan high. They will not have been given a priority that a bill. The language that was referred to, in my opinion, is municipality or a group of municipalities that may have formed properly the subject of SB 300, which we will have an together, and that is my concern, frankly, with that element of opportunity to vote upon next week. In that bill and in this the bill, not so much with the amendment, and I apologize for particular issue, we are addressing the rights of every mineral getting a little bit off the amendment in that sense, Mr. Speaker. estate owner in every municipality whether or not they are part But I probably am going to be voting for the amendment; of a multimunicipally planned community. So that is why it is however, I am not supportive of the direction this is going in removed from this bill and will be placed in SB 300. And I tenns of the bill. Thank you. Mr. Speaker. should point out that at the moment, the language is in SB 300. The SPEAKER pro tempore. The Chair recognizes the Mr. S. H. SMITH. Thank you. gentleman from Beaver County, Mr. Veon, on the amendment. I appreciate that response. I am not sure I am 100 percent comfortable with it in that the fact that this HB 14 does deal 1224 LEGISLATIVE JOURNAL-HOUSE JUNE 6
Mr. VEON. Thank you, Mr. Speaker. precluded from funding, and I guess I would contend that Mr. Speaker, I rise to strongly support this amendment and municipalities doing planning, good planning, on their own is would certainly encourage other members to do the same. actually an oxymoron, that in this day and age where we travel I think all of us here are well aware as we have been at the speed of electronic technology, that somebody who following this issue that it is a tremendously complicated, believes that they can draw a boundary around themselves complex issue with many, many, many individuals very, very 10 miles wide and believe that they are unto themselves a little interested in its outcome, many groups particularly interested in fiefdom and do not have to worry about surrounding the outcome of this legislation. And I want to commend the municipalities and the impact that the planning that they do has gentleman, the author of the amendment, Mr. Steil, and an impact on their neighbors and that their neighbors have an certainly commend the gentleman on the Democratic side of the impact on them is not in fact doing good planning, and that this aisle, Mr. Freeman, for working so closely together to bring this legislation in fact allows us to move out of the 17th century and to the resolution that you have. Like any bill here, very seldom into the 21st century in terms of planning in Pennsylvania. is it perfect, but I think they have done a tremendous job in So I would encourage a positive vote on the amendment and compromising in many different ways and bringing all the on the legislation. Thank you. parties to the table and bringing an amendment to us today that The SPEAKER pro tempore. On the amendment, the Chair we clearly can vote for that is a very positive step forward for recognizes the gentleman from Schuylkill County, Mr. Argall. land-use planning in Pennsylvania, and I would strongly Mr. ARGALL. Thank you, Mr. Speaker. encourage an affirmative vote. Thank you, Mr. Speaker. Mr. Speaker, one of the unique things about this crazy job of The SPEAKER pro tempore. The gentleman from Lancaster ours is that it allows us to visit many parts of the State, and I County, Mr. Sturla, is recognized on the amendment. think that it is that diversity of Pennsylvania’s geography that Mr. STURLA. Thank you, Mr. Speaker. we see in those travels that has really complicated Will the maker of the amendment rise for brief interrogation? Representative Steil’s, Representative Freeman’s, The SPEAKER pro tempore. The gentleman, Mr. Steil, Representative McNaughton’s, Representative Herman’s. indicates that he will. You are in order and may proceed. I know that many different legislators have worked on this. Mr. STIJRLA. Thank you, Mr. Speaker. I think a lot of us watch the Super Bowl not just for the football Mr. Speaker, in this amendment it talks about designated but for the advertising, and I think my favorite advertisement in gmwth areas, and currently in Lancaster County we have the last Super Bowl was that bit about herding cats, and I think designated growth boundaries. Will we be negatively impacted that that is what Dave Steil has been attempting to do between or will we be able to convert our growth boundaries to growth businesses, developers, builders, local government officials, are as? advocates of limited targeted growth, like 10,000 Frfends of Mr. STEIL. Thank you, Mr. Speaker. Pennsylvania, and trying to get all of those different interests to This language has been part of language that the chairman or the table and come up with a bill that everyone can live with the executive director of the Lancaster County Planning such as this amendment and this bill is certainly a Herculean Commission has been involved in. We believe that this effort. language simply affirms what Lancaster County is already Last week I had the opportunity with the Urban Affairs doing and in fact has set the pace for. Committee to chair a committee meeting out in Pittsburgh, and Mr. STURLA. Thank you, Mr. Speaker. on the way back I took the train because I did not want to drive Mr. Speaker, if I could make a brief connnent? and I had a lot of reading to catch up on, and I can tell you, I did The SPEAKER pro tempore. The gentleman is in order. not see a lot of sprawl between Pittsburgh and Harrisburg. So I Mr. STURLA. Thank you, Mr. Speaker. can understand why legislators from those parts of the State will Several years ago I had the opportunity to sit in a meeting look at this issue and say, problem? What problem? But I have with Representative Steil and I believe it was Representative also had the opportunity to meet with advocates of this issue in Rubley and a few of us. We were basically told by some people Representative Mcllhinney’s district and others down in that this type of legislation was dead on arrival and that there Bucks County, certainly Lancaster County is the epicenter of was no interest in proceeding with this type of information. It this debate, and I can understand why they want to allow those was too controversial. This type of legislation was not going to rural parts of their districts to remain rural. I think one of the get anywhere in the House of Representatives. So I wanted to main advantages of this bill is that it allows both. commend Representative Steil in particular for not taking "no" I have a district that stretches 50 miles from north to south, for an answer and continuing to pursue this issue over the years and in the southern portion of my district in Berks County, and bringing together these diverse groups that are involved when I go to a town meeting at the local fire hall, I hear people with this type of issue and getting us to the point where we are tell me with Long Island and Staten Island accents to say, all today. And I also want to thank Representative Freeman, who, right, enough already; we want to target growth; we want to along with others, served with me in the House of limit growth; we are tired of thousands and thousands of new Representatives as many as 10 years ago working on a growth subdivisions and homes. In the northern part of my district, management task force that looked at these issues. I mean, this however, when we talk about growth in a higher-than-normal legislation is one of those issues that has been 10, 15 years in unemployment area, the thing that I hear at the local town the coming and, I believe, despite the fact that there are some meeting is, growth? Please, God, send us some. I think that compromises that some people have some concerns with, will Representative Steil and his allies have really performed an help move Pennsylvania forward. amazing feat of balancing both of those desires, to target growth There was one member who talked about a concern about here, to encourage growth here. This bill, this amendment, municipalities doing a good job of planning on their own being allows for an extraordinarily, I think, large amount of flexibility 2000 LEGISLATIVE JOURNAL-HOUSE 1225 so that people like Representative Geist and myself with older decisions or applications before their agency, and so it is the communities, whether they be boroughs or third-class cities, can application which is driving the review process. hope to target growth within those existing older communities, Mr. MASLAND. Thank you. and those of us that also have rural areas that desperately would That ends my interrogation. like to remain rural have that chance. The SPEAKER pro tempore. On the amendment. I think it is interesting, when I asked Representative Steil Mr. MASLAND. Just very briefly, again, my understanding how he first began this effort, it was through his role in as I read this, and J think it has been confirmed, is that this township government, and when I asked him about his own section deals with those applications from outside the agency. legislative district, he mentioned to me that for much of his That answers my concern, which is the only concern I had with district, it is too late; it is already fully developed. So what respect to this bill. Representative Steil and others are doing is to help those of us I encourage everyone to not only support the amendment, to that still have rural areas to hopefully allow our grandchildren support the bill on final passage, and I want to thank the and our great-grandchildren to maintain some of those rural Representative for his fine work. areas that we can all enjoy now and in the future, and I would The SPEAKER pro tempore. The Chair recognizes the like to congratulate him and encourage everyone to vote "yes" gentleman from Chester County, Mr. Hennessey, on the on this amendment so that we can fine-tune some very much amendment. needed legislation. Mr. HENNESSEY. Thank you, Mr. Speaker. Will the maker of the amendment stand for interrogation? LEAVE OF ABSENCE The SPEAKER pro tempore. I believe he will. You are in order and may proceed. The SPEAKER pro tempore. The Chair returns to leaves of Mr. HENNESSEY. Thank you, Mr. Speaker. absence and recognizes the gentleman, Mr. Veon, who requests Mr. Speaker, for the purposes of flushing out legislative a leave of absence for the gentleman from Greene County, intent and for some help in terms of fUture judicial consideration Mr. DeWEESE. Without objection, the leave will be granted. of the language of your amendment, I am going to refer to The Chair hears no objection, and the leave is granted. section 1105, the bottom of page 8 and the top of page 9. It is there that the concept of transferable development rights is allowed for members of a multirnunicipal plan. Now, as I CONSIDERATION OF HB 14 CONTINUED understand the intent, your intent, and as I understand the language of the bill, transferable development rights could only The SPEAKER pro tempore. The Chair now recognizes the be transferred within a particular multimunicipal plan from one gentleman from Cumberland County, Mr. Masland, on the member municipality to another member municipality. Is that amendment. the way you intend this bill to read? Mr. MASLAND. Thank you, Mr. Speaker. Mr. STEIL. Yes, Mr. Speaker. I think the language stipulates Would the maker of the amendment stand for brief "within the plan." So it would only be the transfer of interrogation? development rights among those municipalities that are part of The SPEAKER pro tenipore. The gentleman indicates that he the plan. will. You may proceed. Mr. I{ENNESSEY. Okay. So if there are two separate and Mr. MASLAND. Thank you. distinct multimunicipal plans fairly closely located to each other Mr. Speaker, as you know, I have supported your efforts but separate and distinct nonetheless, the transfer of with respect to these land-use bills over the past few sessions, development rights can only take place within the particular but there has been an issue that has come up over the past multimunicipal plan, not transferred from plan A to plan B. has been somewhat confusing, and Ijust couple of weeks which Mr. STErL. That is all that we contemplate in this language. want to clarify for the record my understanding. I would ask Mr. FIENNESSEY. Okay. And if you would refer to you to look to page 8 of the amendment, section 1105, section 916.1 - it is the top of page 3 of your amendment - this specifically 11052 which states, "State agencies shall consider is the section that deals with the protections that are given to zoning ordinances and may rely upon comprehensive plans and members of a multimunicipal plan from certain curative when reviewing applications for the funding or permitting of amendment challenges. Now, know section has gone infrastructure or facilities." I that On lines 2 and 3 and on line 17 on page 3, you use the phrase the through a little bit of change, but way I read that is that that "within a reasonable geographic area" in terms of the right or where an receiving an deals with situations agency is the defense that is given to a member of the multimunicipal application from outside that agency. Would that be correct? plan. Can you tell us what it is that you intend by that? What correct. Mr. STEIL. That is should the courts look to find as a reasonable geographic area? So it does not then with the Mr. MASLAND. Okay. deal Mr. STEIL. Thank you, Mr. Speaker. situation where a State agency on its own is in the process of, The language contemplates that "reasonable geographic that correct? say, building a facility. Is area" is that area contained within the boundaries of those Mr. STEIL. That is correct. municipalities that are part of the plan. It is possible that within Mr. So there is nothing this that says MASLAND. Okay. in those boundaries, considering that there may be a number of that a State agency can totally ignore the zoning of a municipalities involved, that there may be need for additional or municipality. need for various types of development or uses within several I the executive Mr. STEIL. Well, all can add to that is that areas of the municipalities but always within the borders of the offices are being directed, I am advised, to consider the plan itself. municipal comprehensive plan in any of their permitting 1226 LEGISLATIVE JOURNAL-HOUSE JUNE 6
Mr. HENNESSEY. Is it your intent then that if there is a Mrs. RUBLEY. Thank you, Mr. Speaker. landfill that is already provided for in one of the member I guess it is evident that Chester County does have some municipalities and someone comes in and challenges a separate growth problems. member of that plan in another portion of the plan and asks for I rise to support amendment 2797. We must remember that another landfill, that that second challenged municipality cannot this is not a mandate, as has been mentioned, on municipalities, point to the landfill in the other part of its plan to indicate that but it provides tools for those municipalities which are located the municipality has met its requirement? in areas subjected to intense growth pressures to enable them to Mr. STEIL. I would say very definitely it could point to that protect their communities. fact if they are part of a multimunicipal plan, that in fact the There is no way that 2,568 municipalities can provide for availability of a landfill or a solid waste disposal site that serves every kind of land use, yet every municipality under existing the needs of those municipalities within the confines of the case land-use law has a gun against it and can be pressured into multimunicipal plan, they certainly could point to that and accepting untenable and inappropriate land uses which may be indicate that in challenging the application for a second site. deleterious to the community. This is an opportunity to begin to Mr. HENNESSEY. Okay. Thank you, Mr. Speaker. remedy this situation. As a member of the former 21st Century Mr. Speaker, that concludes my interrogation. May I be Environment Commission, I can attest to the fact that land use recognized for a statement? was designated as a top environmental priority and concern The SPEAKER pro tempore. The gentleman is recognized. among the commissioners, representing a wide variety of Mr. HENNESSEY. Thank you, Mr. Speaker. interest groups throughout the entire State. I would like to join with those who have commended I strongly urge that members support this amendment and Representative Steil and all the people who have worked and all HE 14 to enable the municipalities voluntarily, if they so the parties who have worked to make this a good bill. I think it choose, to move forward in providing sound and reasonable is a good bill. I think it is workable. Our subcommittee on land uses. Thank you, Mr. Speaker. proposals affecting townships in the Local Government The SPEAKER pro tempore. Mr. Steil, there are no other Committee and our Local Government Committee have flushed members seeking recognition. Would you like to speak for the out these areas that caused a lot of concern. The people, the second time on your amendment? The gentleman is recognized. working group, tried to negotiate solutions to many of those Mr. STEIL. Thank you, Mr. Speaker. problems, and I think we have done about as good a job as we Again, I ask the members for support of amendment A2797, could do in that, and I would ask for an affirmative vote on the and I think there are a few short reasons why you should give amendment. Thank you. this your strong consideration. The SPEAKER pro tempore. The Chair recognizes the First is that this amendment is really directed at good gentleman from Chester County, Mr. Ross, on the amendment. planning. We can talk about the issue of sprawl and all those Mr. ROSS. Thank you, Mr. Speaker. other things, but it does not mean anything. What we are really I, too, rise in support of this amendment, and I wanted to dealing with is the ability to do good planning. Secondly, this point out one item to the members of the General Assembly program, this is an optional program. It is available for here today, that this amendment looks like a major revision, and municipalities if it works for them. If it does not work for them, I think that what Representative Steil has done in accomplishing they are free to continue on the course that they are. And this amendment was a thorough growing reprint of a lot of the thirdly, the aim of this bill is to enhance the cooperative efforts details that we have been working on for really a year and a half among our municipalities, to lead them to cooperate not only in or 2 years at this point, and many of these issues have been their planning and zoning activities but in their communication, elements that we have struggled over back and forth. They are in their understanding of each other’s needs, and that, I believe, minor changes but they are critical changes that have been will lead to the kinds of cooperative plans, the kind of good discussed at length both in the subcommittee and in the planning, that this legislation promotes. committee as a whole. I ask for your support of amendment A2797. Thank you. So although it might appear to some of the members that this is a brand-new, totally different bill, it is actually an On the question recurring, accumulation of work that has been going on for some Will the House agree to the amendment? considerable period of time, and it does represent a good, workable compromise. It also represents elements that are going The following roll call was recorded: to be very helpfUl for some townships and probably not used at all in some of the other municipalities across the State. But they YEAS-I 88 are "may" provisions, and so therefore, those municipalities that them can put them to good use will be able those Adolph Fairchild Markosek Saylor need and to; Allen Fargo Marsico Schuler that do not need to or do not want them will be very well able to Argall Feese Masland Scrimenti ignore them as well. Armstrong Fichter Mayernik Semmel urge all the members to support this amendment and thank Baker Fleagle McCall Shaner I Bard Flick McGeehan Smith, B. Representative Steil for the hard work that he has done. Barley Frankel McGill Smith, S. H. Thank you. Barrar Freeman McI Ihinney Snyder Bastian Gannon McNaughton Solobay The SPEAKER pro tempore. On the amendment, the Chair Battisto Geisi Melio Staback recognizes the lady from Chester County, Mrs. Ruble>’. Bebko-Jones George Metcalfe Stairs Belardi Gladeck Michiovic Steelman Belfanti Godshall Micozzie Steil Benninghoff Gordner Miller, R. Stern 2000 LEGISLATIVE JOURNAL-HOUSE 1227
Birmelin Grucela Miller, S. Stetler RULES SUSPENDED Bishop Gruitza Mundy Stevenson Blaum Habay Myers Strittmatter Boycs Haluska Nailor Sturla The SPEAKER pro tempore. The gentleman, Mr. Metcalfe, Browne Hanna Nickol Tangretti has an amendment which was filed late. Does the gentleman Bunt Harhai O’Bnen Taylor, E. Z. Butkovitz Harhart Oliver Taylor,J. wish to make a motion to suspend the rules so that that Buxton Hasay Orie Thomas amendment may be offered? The gentleman is recognized for Caitagirone Hennessey Perzel Tigue that purpose. Cam Herman Pesci Travaglio Casorio Hershey Petrarca Trello Mr. METCALFE. Mr. Speaker, I would like to make a Cawley Hess Petrone Trich motion to offer the amendments that I had filed. I had them Chadwick Horsey Phillips True drafted to the new amendment of Representative Steil. Civera James Pippy Tulli Clark Josephs Platts Vance The SPEAKER pro tempore. The gentleman, Mr. Metcalfe, Clymer Kaiser Preston Van Home moves that the rules of the Rouse be suspended so that he may Cohen, Lvi. Keller Ramos Veon offer amendments A2847 and 2848. Colafel Ia Kenney Raymond Vitali Cornell Kirkland Readshaw Walko Costa Krebs Reinard Washington On the question, Coy LaGrotta Rieger Waters Will the House agree to the motion? Curry Laughlin Roberts Wilt Dailey Lawless Robinson Wogan Daley Lederer Roebuck wojnaroski The SPEAKER pro tempore. On the motion, the Chair Daily Leh Rohrer Wright recognizes the gentleman, Mr. Perzel. DeLuca Lescovitz Rooney Yewcic Dempsey Levdansky Ross Youngblood Mr. PERZEL. Mr. Speaker, as a courtesy, I would like to ask Dermody Lucyk Robley Yudichak the members to support his motion to suspend the rules, DiGirolamo Lynch Rufting Zimmerman but I would respectfully ask that they vote "no" after that, Donatucci Maher Sainato Zug Druce Maitland Samuelson Mr. Speaker. Thank you. Eachus Major Santoni Egolf Manderino Sather Ryan, On the question recurring, Evans Mann Speaker Will the House agree to the motion?
NAYS5 The following roll call was recorded: Forcier Jadlowiec Mc! Ihattan Schroder Hutchinson YEAS-l42
Adolph Evans Maher Sather NOT VOTrNG-O Allen Fairchild Maitland Saylor Argall Fargo Major Schroder Armstrong Feese Manderino Schuler EXCUSED8 Baker Fichier Marsico Semmel Bard Fleagie Masland Smith, B. Cappabianca Corrigan Gigliotti Surra Barley Flick McGeehan Smith, S. H. Cohen, L. I. DeWeese Pistella Williams Barrar Forcier McGill Snyder Bastian Freeman Mcllhattan Stairs Battisto Gannon Mcllhinney Steil Belardi Geist McNaughton Stem The majority having voted in the affirmative, the question Benninghoff George Metcalfe Stevenson was determined in the affirmative and the amendment was Birmeljn Gladeck Micozzie Strittmatter agreed to. Blaum Godshaii Miller, R. Taylor, E. Z. Boyes Gnjitza Miller, S. Taylor, J. Browne Habay Mundy Thomas On the question, Bunt Haluska Myers Tigue Will Butkovitz Harhart Nailor Treilo the House agree to the bill on third consideration as Caltagirone Hasay Nickol Trich amended? Cain Hennessey O’Brien True Cawley Herman Oliver Tulli The SPEAKER pro tempore. Mr. Schroder, is it still Chadwick Hershey OS Vance your Civera Hess Perrel Van Home intention to offer your amendment? Will the gentleman come to Clark 1-lutchinson Petrone Veon the podium, please. Clymer Jadlowiec Phillips Vitali Cornell James Pippy Washington Curry Josephs Raymond Wilt Conference held at Speaker’s podium. Dailey Keller Reinard Wogan Daley Kenney Rieger Wright The SPEAKER pro tempore. The Chair has advised DaIly Kirkland Robinson Yewcic the Dempsey Lawless Roebuck Youngblood gentleman, Mr. Schroder, that his amendment is out of order DiGirolamno Lederer Rohrer Zimmerman because it attempts to amend language which was sthcken by Donatucci Leh Ross Zug the prior amendment which was adopted. Druce Lescovitz Rubley Eachus Lucyk Samuelson Ryan, EgoIf Lynch Santoni Speaker On the question recurring, Will the House agree to the bill on third consideration as amended? 1228 LEGISLATIVE JOURNAL-HOUSE JUNE 6
NAYS-SI community, then they would have no recourse if there was not some agreement reached. In talking with the gentleman who is Bebko-Jones Grucela Melio Shaner the sponsor of the bill, he had put forth the idea that this should Belfanti Hanna Michlovic Solobay Bishop Harhai Pesci Staback be something that is left up to the negotiations of the agreement Buxton Horsey Peirarca Steelman between the municipalities. But if in fact it becomes left out or Casorio Kaiser Platts Stetler if a timeframe is negotiated that is longer than the cycle of one’s Cohen, M. Krebs Preston Sturla elected capacity, then you could in fact set the citizenry up for a Colafella LaGrotta Ramos Tangretti Costa Laughlin Readshaw Travaglio situation where their elected officials they would choose maybe Coy Levdansky Roberts Walko to not elect the next time, looking to seek some change in this DeLuca Mann Rooney Waters multimunicipal plan that they have become involved in because Dermody Markosek Ruffing Wojnaroski of those elected officials, and they would not have any recourse Frankel Mayemnik Sainato Yudichak Gordner McCall Scrimenti to get out of that plan at that-time. The new officials would be locked in to the agreement possibly. NOT VOTJNG-O I just was proposing this with the idea of good government, making sure that the citizenry is protected and that we are able to make sure that those agreements are good agreements for the . EXCUSED-S communities that they are promoted within. Cappabianca Corrigan Gigliotti Surra I would ask for your support of both 2847 and 2848. Cohen, L. I. DeWeese Pistelia Williams Thank you. The SPEAKER pro tempore. On the amendment, the Chair recognizes the gentleman from Bucks County, Mr. Steil. A majority of the members required by the rules having Mr. STEIL. Thank you, Mr. Speaker. voted in the affirmative, the question was determined in the The issue of whether or not a municipality should be able to affirmative and the motion was agreed to. withdraw from this multimunicipal comprehensive plan and the agreements implementing the plan by the language of the bill On the question recurring, has been left for the municipalities to decide. I cannot tell you Will the House agree to the bill on third consideration as that 180 days is too short, too long. We are trying not to tell amended? municipalities how they need to put this plan together. It is the elected representatives of those municipalities that have to Mr. METCALFE offered the following amendment No. decide the manner in which a municipality may withdraw from A2847: the multimunicipal plan. Therefore, I ask for the members’ opposition and "no" vote Amend Sec. 3 Sec. 1102, page 5, line 2 A2797, by inserting to amendment A2847. Thank you. after "act." The SPEAKER pro tempore. Mr. Veon, on the amendment. Notwithstandine any provision of this act or any other act to the Mr. VEON. Thank you, Mr. Speaker. contrary, a participating municipality may opt out of an agreement Mr. Speaker, I would agree with the gentleman from Bucks, under this section. without penalty or other adverse effect, upon Steil. written notice. Mr. Again, we have all talked about how well members on 180 days’ both sides of the aisle, particularly Mr. Steil and Mr. Freeman, have worked bipartisan On the question, in a fashion to put together a very good compromise that is before us today. We are on the verge of Will the House agree to the amendment? passing that on final passage. This amendment, I think, would certainly undo important parts of that compromise. The SPEAKER pro tempore. On that question, the Chair The gentleman is correct also in his articulation the recognizes the gentleman from Butler County, Mr. Metcalfe. of Mr. METCALFE. Thank you, Mr. Speaker. content of the amendment, and J would encourage a negative vote on this amendment, and let us move on to final and I can kind of summarize both amendments that I was asking passage for a suspension and would ask for your support on. send this bill out of-here. Thank you, Mr. Speaker. The SPEAKER pro tempore. On the amendment, While we were in the committee process, one of the the Chair amendments that I attempted to pass during committee recognizes the gentleman from Northampton County, the Mr. Freeman. process would have allowed municipalities to, once they were involved in a multimunicipal plan or in the agreement, if they Mr. FREEMAN. Thank you, Mr. Speaker. I also rise to oppose the Metcalfe amendment. I fully found that this plan or agreement was not benefiting their appreciate community as they originally thought, then it would provide for what the gentleman, Mr. Metcalfe, is trying to achieve. a timeframe that they would be able to exercise and opt out, that However, for the reasons stated by Representative Steil, this is a matter, think, with 180 days’ notice, they would then be able to opt out of that I best left to the municipalities to determine. Whatever kinds of agreements will plan or that agreement, and both of these amendments deal with be formed as a result of this legislation, we really want to leave that - one with the plan, one with the agreement. If you have township supervisors or borough council people such matters as how you opt out, what period of time in which opt out, up that at this time during their elected capacity believe that in fact you to the municipalities to determine based upon the multimunicipal plan may be very good for their community, their own agreements. I do not think we should be passing some and then upon getting involved in it the citizens of that sort of rigid standard by which they would have to abide, and therefore, for that reason, I am urging the members community find that it in fact is not beneficial to their to vote "no." 2000 LEGISLATIVE JOURNAL-HOUSE 1229
The SPEAKER pro tempore. The Chair recognizes the can for 10, 20, 30 years set them into a plan that they have no gentleman from Philadelphia County, Mr. Horsey, on the recourse with new elected officials to get out of. amendment. So this amendment is being proposed with good government Mr. HORSEY. Mr. Speaker, I rise to oppose the in mind, with protection of our citizenry, of our taxpayers, of Metcalfe amendment, Mr. Speaker. It is not good government, our residents in mind, with our kids in mind as they grow up because what we are trying to do is plan for the future with and might be locked in to a plan that they would have seen that - today’s bill, and I do not think that the Metcalfe amendment parents went wrong as elected officials and now in their new does that, Mr. Speaker. People who are in government and who generation they want to correct the situation. You know, we are in positions day to day put their lives on the line, should set law in place that moves good policy forward and Mr. Speaker. They do their best to make decisions as to what enables good policy to move forward. they think is right and wrong. They try to take it to the voters So I would ask for your support of the amendment. and the voters say we agree or we disagree. It is a part of being Thank you. an elected official that comes with the territory of having to make decisions that are grossly unpopular, and the citizenry, On the question recurring, you know, will elect you or unelect you based on that. Plus, to Will the House agree to the amendment? try to plan for what is going to happen in the future and, you know, worrying about being elected or unelected, that is not the The following roll call was recorded: way government is supposed to act, Mr. Speaker. On the merits of the issue, people are supposed to, especially YEAS-3 I elected officials, make decisions, Mr. Speaker, and quite often, Barrar Fargo Lawless Robinson once again, they are not popular with the citizenry, but they Belfanti Forcier Lynch Rohrer must stand for what they believe is right, Mr. Speaker, for their Benninghoff Geist Maher Sather particular responsibilities or their municipalities, and I do not Birmelin Gruitza Mcllhattan Smith, S. H. Bunt Habay Metcalfe Stevenson think it is a good idea to be trying to make adjustments on these Clark Hasay Miller, S. Wilt policies today and worrying about, you know, what is going to Egolf Hutchinson One Yewcic happen 10 or IS years from now. When you are elected to office Fairchild Jadlowiec Phillips for that day and that time and that space, you are required to make the decisions that come along with that. There is a NAYS-162 responsibility to do the right thing, and, you know, the voters Adolph Feese Masiand Scnimenti will decide. And I am not afraid to live by casting votes on the Allen Fichier Mayernik Semmel chamber’s floor, and no elected official should have to worry Argall Fleagle McCall Shaner about what the voters are going to do to me tomorrow. We cast Armstrong Flick McGeehan Smith, B. votes based on whether it is right or whether it is wrong today, Baker Frankel McGill Snyder Bard Freeman McI Ihinney Solobay Mr. Speaker. Barley Gannon McNaughton Staback Thank you, Mr. Speaker. I stand opposed to the Bastian George Melio Stairs Metcalfe amendment. Thank you. Battisto Giadeck Michlovic Steelman The SPEAKER pro tempore. Mr. Metcalfe, would you like Bebko-Jones Godshall Micozzie Steil to be recognized for time? The gentleman Belardi Gordner Miller, R. Stern the second is Bishop Grnceia Mundy Stetler recognized. Blaum Haluska Myers Strittmatter Mr. METCALFE. I would just like to clarify, Mr. Speaker, Boyes Hanna Nailor Sturla that I was not proposing that any elected official should vote Browne Harhai Nickol Tangretti Butkovitz Harhart O’Brien Taylor. E. Z. based on how the wind blows or based on what they think will Buxton Hennessey Oliver Taylor, J. get them reelected or not reelected. ‘What I was proposing is just Caltagirone Herman Perzel Thomas a good-government move to make sure that the voters or the Cam Hershey Pesci Tigue taxpayers are protected, that if in fact a decision is made that is Casorio Hess Petrarca Travaglio Cawley Horsey Petrone Treilo counter, contrary, not good for their community, that they Chadwick James Pippy Tnich would have recourse, that the new supervisors or the new Civera Josephs Platis True borough council people would have recourse once they were Clymer Kaiser Preston Tulli elected to rectify a possible problem that was created by a Cohen, M. Keller Ramos Vance Colafella Kenney Raymond Van Home previous elected official that was no longer in office because Cornell Kirkland Readshaw Veon they made such a poor decision for the community. Costa Krebs Reinard Vitali My proposal is to allow an opt-out provision, to make sure Coy LaGrotta Rieger Walko that there is an opt-out provision, so that good government Curry Laughlin Roberts Washington moves forward, so that is protected, Dailey Lederer Roebuck Waters the citizenry so that the Daley Leh Rooney Wogan taxpayers, that the residents of communities are protected Daily Lescovitz Ross Wojnaroski against bad decisions, and that they are sure that they have DeLuca Levdansky Rubley Wright reason to go out and vote, that their previous elected officials Dempsey Lucyk Roiling Youngblood Dermody Maitland Sainato Yudichak have not locked them in to something that they cannot get out DiGirolamo Major Samuelson Zimmerman of. I think that is the worst thing you can do. I think that is Donatucci Mandenino Santoni Zug something that you can do that creates apathy within the Druce Mann Saylor electorate, is to set up a situation where certain elected officials Eachus Markosek Schroder Ryan, Evans Marsico Schuler Speaker 1230 LEGISLATIVE JOURNAL-HOUSE JUNE 6
NOT VOTING-0 Flood Plain Management Act and the Storm Water Management Act, land recycling and environmental remediation grants and EXCUSED-8 loans. The amended version states, as has been said on the floor Cappabianca Cormigan Gigliotti Surma several times, that State agencies - and I assume these are all Cohen, L. I. DeWeese Pistella Williams the ones just listed - shall consider and may give priority consideration to applications when made under multimunicipal agreements. What municipal official would dare to ignore not Less than the majority having voted in the affirmative, the participating, and how unfair this is to areas that do not want to question was determined in the negative and the amendment participate because they feel that such multimanaged was not agreed to. agreements would inhibit economic development in their areas or they just plain do not like the rules and regulations that are On the question recurring, set up by the amended HB 14. Will the House agree to the bill on third consideration as I personally feel that HB 14 is anti-private-property amended? ownership, anti-economic development, and anti-rural area of Pennsylvania. I believe this bill is still too complicated and too tempore. The SPEAKER pro Mr. Metcalfe, do you still wish little understood, and although there have been studies and to offer your second amendment? The gentleman withdraws the public hearings by legislative committees and other interest amendment. second groups in preparation for its introduction, I believe we need more time to study its ramifications. This is especially true since On the question recurring, the 9-page amendment gutted the original bill and changed third Will the House agree to the bill on consideration as many of the provisions. I received that amendment this amended? morning, and most of the caucus members received it at Bill as amended was agreed to. 12 o’clock this afternoon. To make matters worse, we are told that the companion bill, SB 300, now contains features of the The SPEAKER pro tempore. bill has This been considered original HR 14 that members of our caucus wanted to see three different days and agreed to and is on fmai on now included. It would be helpful if both of these bills, HR 14 and passage. SB 300, were considered together. The question is, shall the bill pass finally?
On that question, the gentleman, Mr. Fargo, is recognized. MOTION TO TABLE Mr. FARGO. Thank you, Mr. Speaker. As I have heard from quite a few speakers on the floor here Mr. FARGO. For these reasons I believe that HR 14 should today, I want to congratulate Representatives Steil and Freeman be referred back to committee. However, I am told that that and Herman for what they have gone through here in trying to committee, because HB 14 has received such extensive hearings get this bill to this particular point. and considerations, would rather not see it back in their HB 14 was a complicated piece of legislation. Now it has committee. been drastically amended, and I hope that all members have had Accordingly, Mr. Speaker, I move that HR 14 be placed on an opportunity to study the provisions of HR 14 and the the table to be considered after the House of Representatives amendment very carefully. I have tried to study it and all the comes back from summer recess in order that every member of literature about planned communities that has crossed my desk the chamber may take the time to read the amended bill, talk trying to understand what will happen if it becomes law, and with the variety of constituents - homeowners, young people, frankly, I am confused. I think I now know what a designated builders, local officials, farmers, business owners, and others - growth area is. The future growth area is not quite so clear in be honest with them, find out what they think, and then evaluate my mind. It seems it will separate the designated growth area or for yourself what your area needs, and then let us discuss it in the designated rural resource area from the original designated September or October. growth area. The rural resources area is apparently set up for Mr. Speaker, I move that FIB 14 be placed on the table to be agriculture, timbering, mining, game lands, et cetera, but public considered after the House of Representatives comes back after infrastructure will not be provided to those particular areas. summer recess. Thank you. Does the amended HR 14 require the community planning it The SPEAKER pro tempore. Mr. Fargo, it is the Chair’s outlines? The prime sponsor says no. Before amendment, the understanding that the General Assembly is expected to return bill set aside 25 percent of grants from various government from its summer recess on September 25. Is that date departments to be prioritized by these county and appropriate with you? multimunicipal agreements. These grants included under the Moved by the gentleman. Mr. Fargo, that HR 14 be placed Community and Economic Development Enhancement Act on the table until September 25 of 2000 at the earliest. their planning grants, economic development loans and grants, and grants for shared municipal services, the Housing Finance On the question, Agency Law loans and grants, PENNVEST loans and grants, Will the House agree to the motion? transportation funding, recreation and park funding, parks and open-space funding, Heritage Park Program funding, farmland The SPEAKER pro tempore. The motion is not debatable, preservation purchases, grants and assistance under the although it is the longstanding practice of the Chair to allow the floor leaders to make a briefstatement on such a motion. 2000 LEGISLATIVE JOURNAL-HOUSE 1231
Mr. Perzel, do you seek such recognition? The gentleman is Daily Lucyk Rubley Wojnaroski recognized. DeLuca Maitland Ruffing wright DiGirolamo Major Sainato Youngblood Mr. PERZEL. Thank you, Mr. Speaker. Donatucci Manderino Samuelson Yudichak Mr. Speaker, this issue has been around for 6 years. It has Druce Mann Santoni Zimmerman been compromised by all the groups that have said that they Eachus Markosek Saylom Zug wanted input in this. I believe the chamber is on board; I believe Evans Marsico Schroder Fichier Masland Schuler the builders are on board; all the groups that are out there are all Fleagle Mayernik Semmel Ryan, on board for this. It has been around long enough, so I would Flick McCall Speaker have to oppose the motion to table at this point in time. The SPEAICER pro tempore. Mr. Veon, would you like to NOT VOTING-i make a statement on the motion? The gentleman is recognized. Mr. VEON. Thank you, Mr. Speaker. Bishop Mr. Speaker, I certainly agree with the majority leader. I think we have had the debate here today. Let us again move the EXCUSED-8 bill out of here. Cappabianca Corrigan Gigliotti Surra I would oppose the motion to table and would ask others to Cohen, L. I. DeWeese Pistella Williams do the same. Thank you, Mr. Speaker. The SPEAKER pro tempore. Those in favor of the motion to table FIB 14 until September25 will vote "aye"; those opposed Less than the majority having voted in the affirmative, the will vote "no." question was determined in the negative and the motion was not agreed to. On the question recurring, Will the House agree to the motion? On the question recurring, Shall the bill pass finally? The following roil call was recorded: The SPEAKER pro tempore. The Chair returns to YEAS-36 final passage and recognizes the lady from Berks County, Baker Egoif Hess Phillips Mrs. Miller. Benninghoff Fairchild Hutchinson Roberts Mrs. MILLER. Thank you, Mr. Speaker. Birmelin Fargo Jadlowiec Rohrer I rise in support of this legislation and join with my Boyes Feese Lynch Sather Chadwick Forcier Maher Scrimenti colleagues in commending the prime sponsor. This is a tool that Clark Geist Mclihattan Smith, s. H. local governments have been looking for for a long time. It is Daley 1-labay Metcalfe Stern not just a tool, however, for southeast Pennsylvania. It is a tool Dempsey Haluska One Wilt Derniody Hasay Pesci Yewcic for any community that is looking to grow, but grow with wisdom and grow with good planning. This legislation helps NAYS-I 56 communities plan for their growth and helps them prioritize the projects where they have to work together as municipalities. Adolph Frankel McGeehan Shaner This brings communities together for sensible growth in our Allen Freeman McGill Smith, B. Commonwealth. It allows third-class cities to work with Argall Gannon Mciihinney Snyder surrounding municipalities. It them to work in Aunstrong George McNaughton Solobay allows jointly Bard Gladeck Melio Staback concentrating growth in keystone opportunity zones that we Barley Godshall Michiovic Stairs provided for in previous sessions. Barmam Gordner Micozzie Steelman Many of these outlying communities rely on third-class cities Bastian Grucela Miller, R. Sietl for much of their infrastructure, for sewer and water, and so Battisco Gruitza Miller, S. Stetler Bebko-Jones Hanna Mundy Stevenson therefore, this will aid aging third-class cities by providing an Belardi i-larhai Myems Strittmatter inftasion of additional funding for the improvement and Belfanti Harhart Nailor Sturia renovations of this infrastructure. Townships that want to Blaum Hennessey Nickol Tangretti remain agriculture can work with Browne Herman O’Brien Taylor, E. Z. jointly neighboring
Bunt Hershey Oliver Taylor, . municipalities so that they do not have to provide for all uses Bulkovitz Horsey Perzel Thomas and thereby can preserve their farmland and work with another Buxton James Petramca Tigue community that wants to increase its residential areas. Caitagimone Josephs Petrone Travagito In our legislative district, Cam Kaiser Pippy Trello a school district that I share with Casorio Keller Platts Trich Representative Dave Argali, we recently went through a Cawley Kenney Pmeston True visioning process that was assisted by the Center for Rural Civera Kirkland Ramos Tulli Pennsylvania, which I chair, and just recently this school district Clymer Krebs Raymond Vance started talking Every Cohen, M. LaGrotta Readshaw Van [-tome about joint municipal planning. one of the Colafella Laughlin Reinard municipalities in this school district is looking forward to Cornell Lawless Rieger Vitali passage of this legislation so that they can proceed with sensible Costa Lederer Robinson Walko growth and sensible planning, not just for their municipalities Coy Leb Roebuck Washington but for their school district. Curmy Lescovitz Rooney Waters Dailey Levdansky Ross Wogan 1232 LEGISLATIVE JOURNAL-HOUSE JUNE 6
So again, I encourage all of my colleagues to vote in support a 25-percent priority to those people who were involved in those of this legislation. plans. Is that correct? The SPEAKER pro tempore. On final passage, the Chair Mr. STEm. Mr. Speaker, again, I think you are referring to recognizes the gentleman from Bucks County, Mr. Steil. number 3, not number 2. Number 3 deals with the funding Mr. STEIL. Mr. Speaker, I will yield to Mr. Thomas. issue, and yes, number 3 replaces the 25-percent cap on the The SPEAKER pro tempore. The Chair just noticed the various programs that were itemized in the previous version. gentleman. The gentleman from Philadelphia, Mr. Thomas, is Mr. METCALFE. Right. Number 2 also talks about recognized on final passage. funding or permitting for infrastructure. Mr. THOMAS. Thank you, Mr. Speaker. But now, with this current language, although I do not Mr. Speaker, first, I must extend my thanks and appreciation believe it is your intent, but some agency could theoretically go to Representative Steil, to Representative Freeman, and to all of to appropriating 100 percent of the moneys that they had those of my colleagues who came together to develop HB 14, available, that were appropriated from the legislature during the and HR 14 in its truest form probably represents what I call the budget time, to just municipalities that were involved in big three Cs. One, it provides for cooperation amongst municipal plans. municipalities in a way that they have not been able to Mr. STEIL. Again, Mr. Speaker, it is just as reasonable to cooperate in the past. Secondly, it provides for communication. assume that the agencies would provide zero money. It allows for input in the overall, both short and long term, Mr. METCALFE. All right. That is all the questions that I development of communities. And last, it provides for sound have. If I could comment on the bill? collaboration between municipalities, government, and the The SPEAKER pro tempore. The gentleman is recognized. private sector for the purpose of developing our communities, Mr. METCALFE. I agree with one of the previous speakers and because it provides this kind of balance, which is what who made the motion to table this bill that it has been a very communities, local communities, have been looking for, I stand extensive amendment. I am on the Local Government in strong support of HB 14 in its new form, not in its Committee. I know we did a lot of work on this bill, and after it old form but in its new form, and I applaud the architect, was passed out of committee, I think everyone knew that there Representative Steil, for his vision, his creativity, and his would be further amendments to it. I do not know if everyone aggressiveness in bringing this bill to the floor of the House. knew that the amendments would be to the degree that they are. So, Mr. Speaker, I urge my colleagues on both sides of the And when you are involved with such a lengthy amendment, to aisle to vote "yes" for HB 14. Thank you. expect everyone to absorb and comprehend all of the changes The SPEAKER pro tempore. On final passage, the Chair that are being made and, as another previous speaker recognizes the gentleman from Butler County, Mr. Metcalfe. mentioned, what impact that has on your own particular Mr. METCALFE. Thank you, Mr. Speaker. community, I think is a farfetched idea to think that everyone is Would I be able to ask a couple questions of the going to grasp that within the short time that we have been able prime sponsor? to debate here today. The SPEAKER pro tempore. The gentleman, Mr. Steil, I would like to point out three different things around this indicates that he is willing to stand for interrogation. You are in bill and would be applicable to future bills that have been order and may proceed. referenced that we will be dealing with down the road, bills that Mr. METCALFE. Mr. Speaker, could you explain the are being advanced under the premise that there exists a difference between the designated growth areas and the growth problem that has been called urban sprawl. boundary? It seems to me it is more a difference of whether you Recently in one of the papers, it was reported in an article are looking at it from the constrictive side where you draw a that was written by a columnist that last December the growth boundary to keep things from moving out or if you are U.S. Department of Agriculture released its 1997 National looking at it from the expanding side of keeping things within. Resources Inventory, which uses statistical sampling to Mr. STEIL. Mr. Speaker, I think the key definition is that estimate, among other things, the amount of farmland in each this is the language that all of the parties who were involved in State. Its initial findings seemed to show that Pennsylvania had negotiation came to on and that everyone agreed that identiing developed over I million acres of farmland between ‘92 and areas within which the municipality chooses to grow is valuable ‘97, which would have been the second fastest rate of as part of the planning process, whether you are on the development. But upon looking at those statistics, they in fact development side or on the landowner’s side or on the found out that those statistics were very much flawed; that municipal side. So the language is to identi& areas we will Pennsylvania did not lose over I million acres of farmland grow rather than limits to growth. within a 5-year timeframe, that we in fact only lost under Mr. METCALFE. And back on one of the later pages, it was 22,000 acres; from over I million to 22,000 acres that we lost, referenced earlier, I believe it is on page 8 here, down around instead of I million, which I would propose to you clearly line 44-I am sure you are familiar with it - where it talks about shows that we do not have the problem to the extent that many "State agencies shall consider and may rely upon of these very liberal organizations would have us to believe we comprehensive plans and zoning ordinances when reviewing have; that we in fact do not have this supposed problem that is applications for the funding or permitting of infrastructure or really more emotional environmentalism instead of good facilities," and then number 3, "State agencies shall consider science environmentalism. We really need to get back to good and may give priority consideration to applications for financial science environmentalism and not emotional environmentalism. or technical assistance for projects consistent with the county or So the premise that this bill is being promoted under, I believe, multimunicipal plan." This language in fact was a replacement is flawed to begin with. for the prior language in the previous bill that would have given 2000 LEGISLATIVE JOURNAL-HOUSE 1233
The second point: the designated growth area. You know, it Local Government Committee, Representative Herman and is the popular quote that no matter what you call it, a duck is Representative Van Home, for providing us with a very open still a duck. But if you look at the urban growth boundaries as a and very effective process to move this legislation along and to line that is going to limit, constrict growth, or if you look at this make it a reality. new term of"designated growth area" as the term that looks at it So with that, I urge my colleagues to please vote in favor of from the opposite view of spreading, growing out, no matter HB 14, and let us move forward to creating a good foundation what you call it, it still ends up being the same mechanism to try for better planning here in Pennsylvania. Thank you. and empower more government bureaucrats to control the lives The SPEAKER pro tempore. The Chair recognizes the of our citizenry. gentleman from Chester County, Mr. Schroder. My third point deals with the funding and, as the sponsor Mr. SCHRODER. Thank you, Mr. Speaker. clearly admitted to my questioning, that this language in fact Mr. Speaker, I, too, want to add my voice to those who are empowers bureaucrats to limit funding in rural areas and areas commending Representative Steil, Representative Freeman, and that would not so choose to become involved in these plans. He other members of the Local Govermnent Committee for all of chooses to look at it from the other perspective, but he clearly, their hard work in HB 14, for all the hard work that they have by his answer, admits that this language is so broad in fact that a done to get us here where we are today, on the verge of passing State agency could keep any municipality that does not choose what I do believe will be historic legislation in Pennsylvania. to participate in this big-government-type approach, it could Mr. Speaker, in southeastern Pennsylvania, in force them to be put in a situation where they receive no Chester County, where I am proud to come from and represent, funding because that agency is run by a bureaucrat who decides we need more tools, live in one of the fastest growing areas of to give all that funding to a multimunicipal-plan-type the State and probably one of the fastest growing legislative community. districts in the State, and we need the tools that this legislation I would pose to you the question, if you go back to your will provide. homes, back to your communities, and talk to the people on the Mr. Speaker, I am going to support this legislation today street, out at their doors, and you ask them, do you believe that because it is a step in the right direction; it is a couple steps in bureaucrats in Harrisburg should have more control over your the right direction. However, I do support it with some individual lives and the way your community should grow, what misgivings and some mixed feelings, Mr. Speaker. would their answer be? Their answer would be an Mr. Speaker, I am concerned about certain provisions in this overwhelming no; we do not want more bureaucratic control; legislation that occur on page 16, letters D and E under no. But this bill is setting you up for that. This bill is a section 606, which, in my opinion, Mr. Speaker, unfortunately Trojan horse of giving us an incremental step to putting that represent a complete capitulation to the water utilities and the type of mechanism in place where we are empowering water companies of this Commonwealth. Mr. Speaker, in my bureaucrats instead of empowering our local communities and opinion, the water companies have succeeded in having our local residents. themselves completely written out of the purview of this So I appreciate your joining in with me in saying no to more legislation, and if not completely written out, they have control over your lives by bureaucrats, and please say no to this certainly muddied up the water and made it unclear, bill, to say no to bureaucrats in Harrisburg controlling our Mr. Speaker. communities. Thank you. Mr. Speaker, I am concerned about that, because I think to The SPEAKER pro tempore. On final passage, the Chair leave things as the status quo as it relates to our water utilities recognizes the gentleman from Northampton County, will seriously dilute the effectiveness of this legislation. I hope Mr. Freeman. I am wrong, but I seriously believe that that could be the case, Mr. FREEMAN. Thank you, Mr. Speaker. because where the water pipes go, the development follows it, Mr. Speaker, we have before us a tremendous opportunity, and if we have the PUC Public Utility Commission, which is an opportunity to pass a very important and significant piece of untouchable under this legislation under the language on legislation that will empower our communities to come together page 16, continue to grant franchise territories and allow pipes through agreements and provide for better planning. That is a to be run through rural areas, the development pressures will very worthy goal and one that has evaded many, many come to those areas; make no mistake about it. conununities here in Pennsylvania for way too long. Mr. Speaker, under the amendment introduced and that we I urge the members to support the passage of HB 14. With it passed by Representative Steil, all State agencies will now we make a significant step forward in improving the planning consider and rely upon local ordinances and local planning process, in allowing a very important option - and I emphasize when making their decisions. That is all State agencies except
the word "option" - to municipal governments to come together for one, and that is the Public Utility Commission, because they and deal with the problems of sprawl and to mitigate the have been exempted basically from that by the language on negative effects and impacts of growth in their particular areas. page 16. In doing so, we give them the ability to provide and enhance the So, Mr. Speaker, I just wanted to point that out to the sustainability of communities, to ensure that they can maintain a members of the General Assembly. I had hoped to have an good quality of life within their communities. amendment that corrected that. Unfortunately, it was out of These alt worthy goals and worthy of our support. I want to order after the Steil amendment passed. once again also commend my good friend and colleague, So I wanted to point that out to members of the Dave Steil, for the outstanding job he has done in General Assembly. I am still going to vote for this bill, because building consensus on this issue, on this significant piece I think overall it is a step or two in the right direction, but it of legislation, and also, the two chairmen of our does concern me that this language is in there and that it 1234 LEGISLATIVE JOURNAL-HOUSE JUNE 6 remains in there, and what is coming down the pike in SB 300, what the nature of our State was in local planning 50 years ago which I had a chance to review today, is more of the same and when there were a lot more opportunities for municipalities to in fact worse, in my opinion, with regards to the water utility dictate growth in what they were about. However, back about issue. Thank you, Mr. Speaker. 50 years ago, the law was changed, and it was passed to be a The SPEAKER pro tempore. On final passage, the Chair one-size-fits-all, very rigid MPC Municipalities Planning recognizes the gentleman from Centre County, Mr. Herman. Code plan. Upon that kind of reflection, looking at this The gentleman is recognized. legislation, which provides a lot more flexibility, I was very Mr. HERMAN. Thank you very much, Mr. Speaker. honored and thankful to be part of the process to be able to say I certainly recommend to all the members of the that we are going to build that flexibility back into the system so General Assembly that they vote in the affirmative on HE 14. In our municipalities have the opportunity to have more control in my judgment, I believe that this legislation provides for their own areas. voluntary effective tools for multimunicipal planning in the So if you were to ask your constituents back home if they Commonwealth of Pennsylvania. believed in a one-size-fits-all, what would they say? They Local elected officials all across this Commonwealth have to would say, no, we do not believe one size fits all. But if you be able to look beyond their parochial boundaries and think would ask them the question, would you support flexibility, about how they are going to provide for more effective what would your constituents say? I cannot hear you. Yes; they utilization of God’s land and give them the tools necessary to do would say we want flexibility. And if you asked your this. HB 14 provides these measures that they need and constituents, if we were passing laws that we were going to certainly the incentives and the encouragement that they need to support our local municipalities and we were going to drive have in order to provide for effective regional planning and to down the decisionmaking to local governments, would they provide for proper water and infrastructure improvements, the support that decision? Yes. So because of that, it is very, very preservation of agriculture and rural areas, open space and park simple, in my book, to be able to say we can proudly get behind and recreation land, as well as your commercial and housing this legislation and say, yes, we are going to vote for FIB 14. development. In finishing, I just want to also commend Representatives The caucus chairman, who got up eariier today and wanted Steil and Freeman and our chairmen, Representatives Herman to table this bill, made a reference to the fact that we had a and Van Home, for all of their support with the drafting of this conversation earlier that the Local Government Committee did legislation. Thank you. not want this bill referred back to it. Not because we did not The SPEAKER pro tempore. On final passage, the Chair want it, Mr. Speaker, but, rather, because the committee process recognizes the gentleman from Lancaster County, Mr. Sturla. worked; because this legislation has already had multiple public Mr. STURLA. Thank you, Mr. Speaker. hearings to gather the public input; because this legislation has I will be brief. truly been bipartisan in nature with the yeoman’s efforts of State There have been concerns expressed that FIB 14 might Representative Dave Steil on the Republican side of the aisle, hinder development, and there has been this specter raised that Representative McNaughton on the Republican side of the aisle, in the rural areas and western parts of this State, they want to Representative Freeman on the Democrat side of the aisle, and experience some of the kinds of growth that we have it has also been bicameral in that all along we have been experienced in the southeast, and therefore, that is why they do working together with the State Senate through Senator Gerlach not want this legislation. But I would contend that in the and his staff. I would also like to congratulate all these people in southeast portion of the State, we probably have more planning bipartisanship to make this happen and bring a very good and growth management plans in place right now than any other consummation of their efforts. part of the State, and I believe that in part it is because of that This legislation is one that is being supported now by all of that we have experienced the growth that we have. You know, the various interested parties who have been effective - your companies coming from out of State and from other places do local government associations, your agriculture groups, your not want to make multimillion-dollar investments in a black environmental associations, your housing developers, and your hole. They want to know what is happening in the community; commercial developers as well. I think that all these people they want to know that you have a plan for the future, what your really need to be thanked for all their work that they have done plan is, how you plan to grow, and they want to become part of to bring this consununation today through HE 14, and next that plan. They do not want to be the first one that buys the week we will have the opportunity to vote for its companion pig in the poke. bill, SB 300. Both of these measures need to be passed by the So I would contend that with the enhancements that we are General Assembly and signed into law before recess this offering in FIB 14 for the extra tools that we need to make our summer. planning and growth management more efficient in the I encourage an affirmative vote, and I thank everyone who southeastern part of the State, that if the other areas of the State has been involved on both sides of the aisle as well as both would embrace these concepts, they, too, could share in the Houses and chambers of the General Assembly. Thank you very positive, appropriate growth that can be encouraged out of this. much, Mr. Speaker. This is not antigrowth. This is about appropriate, efficient The SPEAKER pro tempore. The Chair recognizes growth, wise use of tax dollars, and a better way to do business the gentleman from Lancaster County, Mr. Armstrong, on in Pennsylvania. I would encourage an affirmative vote. final passage. Thank you, Mr. Speaker. Mr. ARMSTRONG. Thank you, Mr. Speaker. The SPEAKER pro tempore. On final passage, the Mr. Speaker, during the opportunity ofthe local hearings that gentleman from Bucks County, Mr. Steil. we had and the meetings in local government, we discussed 2000 LEGISLATIVE JOURNAL-HOUSE 1235
Mr. STEW. Thank you, Mr. Speaker. NAYS-i 7 I think everything that needs to be said about HB 14 has been said, so there is no need for me to repeat that. Birmelin Feese Jadlowiec Roberts Clark Forcier Lynch Smith, S. H. I simply need to thank all of the people who have come Dempsey Hasay Mcllhattan Wilt together to make this bill possible and to ensure that the Egoif Hutchinson Metcalfe Yewcic committee process has really worked. I particularly want to Fargo thank all of the interest groups who met with us over countless hours and days. I need especially to thank the Republican NOT VOTING-l chairman, Representative Herman; the Democratic chairman, Representative Van Home; and especially I need to thank Rieger Representative McNaughton and Representative Freeman for their help in bringing this together. They have been insular parts EXCUSED-8 of this legislation and have enabled us to bring together the Capbianca Corrigan Gigliotti Surra coalition that is before you today. Cohen, L. I. DeWeese Pistella Williams Thank you for your positive vote on FIB 14.
On the question recurring, The majority required by the Constitution having voted in Shall the bill pass finally? the affirmative, the question was determined in the affirmative The SPEAKER pro tempore. Agreeable to the provisions of and the bill passed finally. the Constitution, the yeas and nays will now be taken. Ordered, That the clerk present the same to the Senate for concurrence. The following roll call was recorded:
YEAS-I 75 THE SPEAKER MATTHEW J. RYAN PRESIDING Adolph Fichter Marsico Schroder Allen Fleagle Masiand Schuler Argall Flick Mayernik Scrimenti HB 590 RECONSIDERED Armstrong Frankel McCall Semmel Baker Freeman McGeehan Shaner The SPEAKER. The Chair recognizes the gentleman, Bard Gannon McGill Smith, B. Barley Geist McIIhinney Snyder Mr. Smith. Barrar George McNaughton Solobay Mr. S. H. SMITH. Mr. Speaker, I move that the vote by Bastian Gladeck Melio Staback which FIB 590, PN 3592, was passed on the 6th day of June be Battisto Godshall Michlovic Stairs reconsidered. Bebko-Jones Gordner Micozzie Steelman Belardi Grucela Miller, R. Steil Belfanti Gruitza Miller, S. Stern On the question, Benninghoff Habay Mundy Stetler Will the House agree to the motion? Bishop Haluska Myers Stevenson Blaum Hanna Nailor Strittmatter Bayes Harhai Nickol Sturla The following roll call was recorded: Browne Harhart O’Brien Tangretti Bunt Hennessey Oliver Taylor. E. Z. Butkovitz Herman One Taylor, j. YEAS-i 93 Buxton Hershey Perzel Thomas Caltagirone Hess Pesci Tigue Adolph Fargo Mann Saylor Cam Horsey Petrarca Travaglio Alien Feese Markosek Schroder Casorio James Petrone Trello Argall Fichter Marsico Schuler Cawley Josephs Phillips Inch Armstrong Fleagle Masland Scrimenti Chadwick Kaiser Pippy True Baker Flick Mayemik Semmel Civera Keller Platts Tulli Bard Forcier McCall Shaner Clymer Kenney Preston Vance Barley Frankel McGeehan Smith, B. Cohen, M. Kirkland Ramos Van Home Barrar Freeman McGill Smith, S. H. Colafella Krebs Raymond Veon Bastian Gannon Mcllhattan Snyder Cornell LaGrotta Readshaw Vitali Battisto Geist Mcllhinney Solobay Costa Laughlin Reinard Walko Bebko-Jones George McNaughton Staback Coy Lawless Robinson Washington Belardi Gladeck Melio Stairs Cuny Lederer Roebuck Waters Beifanti Godshall Metcalfe Steelman Dailey Leh Rohrer Wogan Benninghoff Gardner Michiovic Steil Daley Lescovitz Rooney Wojnaroski Birmelin Gnicela Micozzte Stem DaIly Levdansky Ross Wright Bishop Gruitza Miller, R. Stetler DeLuca Lucyk Rubley Youngblood Blaum Habay Miller, S. Stevenson Dermody Maher Ruffing Yudichak Bayes Haiuska Mundy Strittmatter DiGirolamo Maitland Sainato Zimmerman Browne Hanna Myers Sturla Donatucci Major Samuelson Zug Bunt Harhat Nai Ion Tangretti Dnice Mandenino Santoni Butkovitz Harhart Nickol Taylor, F. Z. Eachus Mann Sather Ryan. Buxton Hasay O’Brien Taylor,J. Evans Markosek Saylor Speaker Caltagirone Hennessey Oliver Thomas Fairchild Cam Herman One Tigue Casorio Hershey Perzel Travaglio Cawley Hess Pesci Trello Chadwick Horsey Petrarca Trich Civera Hutchinson Petrone True 1236 LEGISLATIVE JOURNAL-HOUSE JUNE 6
Clark Jadlowiec Phillips Tulli Bastian Gannon Melio Staback Clymer James Pippy Vance Battisto George Michlovic Steelman Cohen, M. Josephs Platts Van Home Bebko-Jones Gladeck Micozzie Steil Colafella Kaiser Preston Veon Belardi Godshall Miller, R. Stetler Cornell Keller Ramos Vitali Belfanti Grucela Miller, S. Stevenson Costa Kenney Raymond Walko Bishop Gruitza Mundy Strittmatter Coy Kirkland Readshaw Washington Blaum Habay Myers Sturla Curry Krebs Reinard Waters Browne Haluska Nailor Tangretti Dailey LaGrotta Riegen Wilt Butkovitz Harhai Nickol Taylor, E. 2. Daley Laughlin Roberts Wogan Buxton Harhart O’Brien Taylor, J. DaIly Lawless Robinson Wojnaroski Caltaginone Hennessey Oliver Thomas DeLuca Lederer Roebuck Wright Cam Horsey One Tigue Dempsey Leh Rohrer Yewcic Casonio James Penzel Travaglio Dermody Lescovitz Rooney Youngblood Cawley Josephs Pesci Trello DiGirolamo Levdansky Ross Yudichak Chadwick Kaiser Petrarca Trich Donatucci Lucyk Rubley Zimmerman Civera Keller Petrone True Druce Lynch RutTing Zug Clark Kenney Phillips Tulli Eachus Maher Sainato Clymer Kirkland Pippy Vance Egolf Maitland Samuelson Cohen, M. Krebs Platts Van Home Evans Major Santoni Ryan, Colafella LaGrotta Preston Veon Fairchild Manderino Saiher Speaker Cornell Laughlin Ramos Vitali Costa Lawless Raymond Walko Coy Lederer Readshaw Washington XT A t75..M Curry Leh Remand Waters Dailey Lescovitz Rieger Wilt NOT VOTING-O Daley Levdansky Roberts Wogan DaIly Lucyk Robinson Wojnaroski DeLuca Lynch Roebuck Wright EXCUSED-S Dempsey Maher Rooney Yewcic Dermody Maitiand Ross Youngblood Cappabianca Corrigan Gigliotti Surra DiGirolarno Manderino Rubley Yudichak Cohen, L. I. DeWeese Pistella Williams Donatucci Mann Ruffing Zug Druce Markosek Sainato Eachus Marsico Samuelson Evans Masland Santoni Ryan, The majority having voted in the affirmative, the question Feese Mayemik Speaker was determined in the affirmative and the motion was agreed to. NAYS-33 STATEMENT BY MR. VITALI Allen Fargo Hess Saylor Argall Forcier Hutchinson Schuler Bake Geist Jadiowiec Semmel The SPEAKER. Mr. Vitali, do you desire recognition? Benninghoff Gardner Major Smith, S. H. Mr. VITALI. Very quickly for unanimous consent; very Birmelin Manna Mcllhattan Solobay quickly. Boyes Hasay Metcalfe Stairs The SPEAKER. Unanimous consent. We have before us Bunt Herman Rohrer Stern HB 590. Do you wish to speak on that? Egolf Hershey Sather Zimmerman Fairchild Mr. VITALI. No. Joanne Denworth is leaving the hail gallery, and I note that I NOT VOTING-C just wanted to acknowledge her efforts. There were many kudos given all around, and rightfblly so, but I know of no single private citizen who has moved HB 14 forward. I just wanted, EXCUSED-S before she left - and I do not know if we caught Cappabianca Corrigan Gigliotti Surra Joanne Denworth - I just wanted to acknowledge the effort she Cohen, L. I. DeWeese Pistella Williams has made towards moving these issues forward. The SPEAKER. The Chair thanks the gentleman. The majority required by the Constitution having voted in CONSIDERATION OF HB 590 CONTINUED the affirmative, the question was determined in the affirmative and the bill passed finally. On the question recurring, Ordered, That the clerk present the same to the Senate for Shall the bill pass finally? concurrence. The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. BILLS ON THIRD CONSIDERATION
The following roll call was recorded: The House proceeded to third consideration of SB 497, PN 1941, entitled: YEAS-l 60 An Act providing for a hotel room rental tax in certain third class Adolph Fichter McCall Schroder counties. Armstrong Fleagle McGeehan Scrimenti Bard Flick McGill Shaner Barley Frankel Mcllhinney Smith, B. On the questton, Barrar Freeman McNaughton Snyder Will the House agree to the bill on third consideration? 2000 LEGISLATIVE JOURNAL-HOUSE 1237
Mr. SNYDER offered the following amendment No. A2674: NAYS-S
Amend Sec. 2, page 3, lines 3 through 16, by striking out all of Barrar Browne Habay Metcalfe said lines and mnserting Benninghoff Forcier Hutchinson Ode "Hotel." A hotel, motel, inn, guest house or other structure which holds itself out by any means, including advertising, license, NOT VOTING-C registration with an innkeepers’ group, convention listing association, travel publication or similar association or with a government agency, EXCUSED-S as being available to provide overnight lodging for consideration to persons seeking temporary accommodation; any place which advertises Cappabianca Corrigan Gigliotti Surra to the public at large or any segment thereof that it will provide beds, Cohen, L. I. DeWeese Pistella Williams sanitary facilities or other space for a temporary period to members of the public at large; or any place recognized as a hostelry. The term does not include any portion of a facility that is devoted to persons who have The majority having voted in the affirmative, the question an established permanent residence or a college or university student was residence hall or any private campground, or any cabins, public determined in the affirmative and the amendment was campgrounds or other facilities located on State land. agreed to.
On the question, On the question, Will the House agree to the amendment? Will the House agree to the bill on third consideration as amended? The following roll call was recorded: Bill as amended was agreed to.
YEAS-l85 The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. Adolph Feese Marsico Schuler The question is, shall the bill pass finally? Allen Fichter Masland Scrimenti Argall Fleagle Mayemik Semmel Armstrong Flick McCall Shaner Mr. Casorio, do you wish to debate this bill? Baker Frankel McGeehan Smith, B. . Mr. CASORTO. Yes, sir, Mr. Speaker. Bard Freeman McGill Smith, S. H. The SPEAKER. The gentleman is in order. Barley Gannon Mcllhattan Snyder You may Bastian Geist Mcllhinney Solobay proceed. Battisto George McNaughton Staback Mr. CASORIO. Mr. Speaker, thank you. Bebko-Jones Gladeck Melio Stairs I understand this is a Senate bill, but would someone be able Belardi Godshall Michiovic Steelman Belfanti Gordner Micozzie Steil to stand for interrogation? Birmelin Grucela Miller, R. Stem The SPEAKER. Mr. Snyder, are you familiar with this bill? Bishop Gruuza Miller, S. Stetler The gentleman, Mr. Snyder. Blaum Haluska Mundy Stevenson Boyes Manna Myers Strittmatter Mr. CASORIO. Thank you, Mr. Speaker. Bunt Harhai Nailor Sturla Mr. Speaker, this bill, SB 497, to my knowledge, this is a Butkovitz Harhart Nickol Tangretti hotel room tax. Is that correct? Buxton Hasay O’Brien Taylor, E. 2. Caltagirone Hennessey Oliver Taylor, J. Mr. SNYDER. Yes, Mr. Speaker. Cam Herman Perzel Thomas Mr. CASORIO. Is this all counties, all 67 counties in the Casonio Hershey Pesci Tigue Commonwealth, Mr. Speaker? Cawley Hess Petrarca Travaglio Chadwick Horsey Petrone Trello Mr. SNYDER. Mr. Speaker, this bill gutted what was Civera Jadlowiec Phillips Trich previously SB 497 and inserted language to provide for a hotel Clark James Pippy True tax in only Lehigh and Northampton Counties. Clymer Josephs Platts Tulli Cohen, M, Kaiser Preston Vance Mr. CASORIO. And what is the percentage of the rate, Colafella Keller Ramos Van Home Mr. Speaker? What is the rate of imposition of the tax? Cornell Kenney Raymond Veon Mr. SNYDER. The total tax would be 3.5 percent, which Costa Kirkland Readshaw Vitali Coy Krebs Reinard Walko was agreed upon by the hotels and the tourism agencies. Cuny LaGrotta Rieger Washington Mr. CASORIO. Thank you, Mr. Speaker. Dailey Laughlin Roberts Waters Daley Lawless Robinson Wilt DaIly Lederer Roebuck Wogan On the question recurring, DeLuca Leh Rohrer Wojnaroski Shall the bill pass finally? Dempsey Lescovitz Rooney Wnght The SPEAKER. Agreeable to the provisions of the Dermody Levdansky Ross Yewcic DiGirolamo Lucyk Rubley Youngblood Constitution, the yeas and nays will now be taken. Donatucci Lynch Ruffing Yudichak Druce Maher Sainato Zimmerman The following roll call was recorded: Eachus Maitland Samuelson Zug Egolf Major Santoni Evans Manderino Sather YEAS-I 51 Fairchild Mann Saylor Ryan, Fargo Markosek Schroder Speaker Adolph Frankel McGill Smith, B. Argall Freeman Mcllhinney Smith, S. H. Armstrong Gannon McNaughton Snyder Bard Gladeck Melio Solobay Barley Godshall Michlovic Staback 1238 LEGISLATIVE JOURNAL-HOUSE JUNE 6
Bastian Gordner Micozzie Stairs On the question, Battisto Grucela Miller, R. Steelman Bebko-Jones Gruitza Miller, S. Steil Will the House agree to the bill on third consideration? Belardi Haluska Mundy Stetler Belfanti Hanna Myers Strittmatter The SPEAKER. Does the gentleman, Mr. Santoni, have an Bishop Harhai Nailor Sturla Blaum Hennessey Nickol Tangretti amendment for this bill? The gentleman indicates he does not. Boyes Herman O’Brien Taylor, E. 2. Bunt Hershey Oliver Taylor,. On the question recurring, Butkovitz Horsey Perzel Thomas Buxton James Pesci Tigue Will the House agree to the bill on third consideration? Caltagirone Josephs Petrone Travaglio Bill was agreed to. Cam Kaiser Plans Trello Cawley Keller Preston Trich Chadwick Kenney Ramos True The SPEAKER. This bill has been considered on three Civera Kirkland Readshaw Tulli different days and agreed to and is now on final passage. Clark LaGrotta Reinard Van Home The question is, shall the bill pass finally? Clymer Laughlin Rieger Veon Cohen, M. Lawless Roberts Vitali Comell Lederer Robinson Walko Mr. Civera, do you desire recognition on this? Costa Leh Roebuck Washington Mr. CIVERA. Yes. Mr. Speaker, I have an amendment to Cuny Lescovitz Rooney Waters SB 707. Daley Levdansky Ross Wilt DaIly Lucyk Rubley Wogan The SPEAKER. We do not have a copy of it. DeLuca Lynch Ruffing Wojnaroski Mr. CIVERA. I sent it up. Dempsey Maitland Sainato Wright SPEAKER. The Chair Dermody Manderino Samuelson Youngblood The apologizes to the gentleman. We DiGirolamo Mann Santoni Yudichak missed that one. Donatucci Markosek Saylor Zimmerman Druce Marsico Schroder Zug DECISION OF CHAIR RESCINDED Evans Masland Schuler Feese Mayemik Scrimenti Ryan, Fichter McGeehan Semmel Speaker The SPEAKER. Without objection, the Chair withdraws its Flick decision that the bill had been agreed to on third consideration.
NAYS-42 On the question recurring, Allen Egolf Hutchinson Phillips Will the House agree to the bill on third consideration? Baker Fairchild Jadlowiec Pippy Barrar Fargo Krebs Raymond Mr. CIVERA offered the following amendment No. A2754: Benninghoff Fleagle Maher Rohrer Birinelin Forcier Major Sather Amend Title, page 1, line 4, removing period Browne Geist Mccall Shaner by the after Casorio George Mclihattan Stem "reimbursement" and inserting Colafella Habay Metcalfe Stevenson and for additional credit for certain civil service Coy Harhart One Vance examinations. Dailey Hasay Petrarca Yewcic Amend Bill, page 3, by inserting between lines 10 and II Eachus Hess Section 2. Section 635 of the act, amended December 4, 1980 P.L.l 101 ,No.188, is amended to read: NOT VOTrNG-0 Section 635. General Provisions Relating to Examinations-The commission shall make rules and regulations to be approved as provided in section 630 hereof, providing for the examination of EXCUSED-S applicants for positions in the police force and as paid operators of Cappabianca Corrigan Gigliotti Surra fire apparatus and for promotions, which rules and regulations shall Cohen, L. I. DeWeese Pistella Williams prescribe the minimum qualifications of all applicants to be examined and the passing grades. All examinations for positions or promotions shall be practical in character and shall relate to such matters and include such inquiries as will fairly test the merit and fitness of the The majority required by the Constitution having voted in persons examined to discharge the duties of the employment sought by the affirmative, the question was determined in the affirmative them. All examinations shall be open to all applicants who have the and the bill passed fmally. minimum qualifications required by the rules and regulations. Each Ordered, That the clerk return’ the same to the Senate with applicant for examination shall be subject to the regulations adopted by the information that the House has passed the same with the commission and shall be required to submit to a physical amendment in which the concurrence of the Senate is requested. examination either before or after being admitted to the regular examination held by the commission. Public notice of the time and place of every examination, together with the information as to the kind of position or place to be The House proceeded to third consideration filled, shall be given by publication once in a newspaper of general of SB 707, circulation in the township or in a newspaper circulating generally in PN 767, entitled: the township at least two weeks prior to each examination, and a copy of the notice shall be prominently posted in the office of the An Act amending the act of June 24, 1931 P.L. 1206, No.331, commission or other public place. entitled The First Class Township Code, further providing for certain The commission shall post in its office the eligible list containing reimbursement. the names and grades of those who have passed the examination. Persons male or female who served in the military or naval service of 2000 LEGISLATIVE JOURNAL-HOUSE 1239 the United States during any war in which the United States has been, Chadwick Horsey Petrarca Tnich is now, or shall hereafter be engaged and who have honorable Civera Hutchinson Petrone True service, have Clark Jadlowiec Phillips Tulli discharges from such who successfully passed the Clymer James Pippy Vance examination, shall be given the additional credits and preference in Cohen, M. Josephs Platts Van Home appointment and promotion provided for by law. Colafella Kaiser Preston Veon In a township served by a fire department consisting of both paid Comell Keller Ramos Vitali and volunteer firemen, the governing body may provide additional Costa Kenney Raymond Walko Coy Kirkland Readshaw Washington credit for appointment to a position as a paid fireman to any applicant Curry Krebs Reinard Waters volunteer fireman who has served in that township. Dailey LaGrotta Rieger Wilt Amend Sec. 2, page 3, line II, by striking out "2" and inserting Daley Laughlin Roberts Wogan 3 DaIly Lawless Robinson Wojnaroski DeLuca Lederer Roebuck Wright Dempsey Leh Rohrer Yewcic The SPEAKER. On the question of the adoption of the Dermody Lescovitz Rooney Youngblood Civera amendment, the Chair recognizes the gentleman, DiGirolamo Levdansky Ross Yudichak Mr. Civera. Donatucci Lucyk Rubley Zimmerman Druce Lynch Ruffing Zug Mr. CIVERA. Thank you, Mr. Speaker. Eachus Maher Sainato Mr. Speaker, this amendment, what it does is, there are three Egolf Maitland Samuelson municipalities, three first-class townships in Pennsylvania, that Evans Major Santoni Ryan, Fairchild Manderino Sather Speaker have two types of fire departments in that fire department, a paid fire department and a volunteer fire department. What this NAYS-O amendment attempts to do is that if the municipality is hiring a paid fireman and goes through the civil service examination for testing, just like we would give the credits for veterans, which NOT VOTING-O they still would receive, the veterans would still receive, a volunteer fireman who takes that examination that lives in that EXCUSED-S municipality would be given credit by the local municipality. Cappabianca Corrigan Gigliotti Surra Why for the amendment? Because in some of these Cohen, L. I. DeWeese Pistella Williams municipalities that have the two departments, volunteer and paid, there are people that come from outside those municipalities and apply for those jobs and are able to get them. The majority having voted in the affirmative, the question What we are trying to do here is, the people that volunteer their was determined in the affirmative and the amendment was time in the volunteer fire departments, we are trying to give agreed to. them the opportunity to get those jobs, and that is what this amendment accomplishes, Mr. Speaker. Thank you. On the question, The SPEAKER. The Chair thanks the gentleman. Will the House agree to the bill on third consideration as amended? On the question recurring, Bill as amended was agreed to. Will the House agree to the amendment? The SPEAKER. This bill has been considered on three The following roll call was recorded: different days and agreed to and is now on final passage. The question is, shall the bill pass finally? YTEAS-193 Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. Adolph Fargo Mann Saylor Allen Feese Markosek Schroder Argall Fichter Marsico Schuler The following roll call was recorded: Armstrong Fleagle Masland Scnimenti Baker Flick Mayemik Semmel Bard Forcier McCall Shaner YEAS-lS8 Barley Frankel McGeehan Smith, B. Barrar Freeman McGill Smith, S. H. Adolph Fargo Mann Saylor Bastian Gannon Mcllhattan Snyder Allen Feese Markosek Schroder Battisto Geist Mcllhinney Solobay Argall Fichter Marsico Schuler Bebko-Jones George McNaughion Staback Armstrong Fleagle Masland Scrimenti Belardi Gladeck Melio Stairs Baker Flick Mayemik Semmel Belfanti Godshall Metcalfe Steelman Bard Forcien McCall Shaner Benninghoff Gordner Michlovic Steil Barley Frankel McGeehan Smith, B. Birmelin Grucela Micozzie Stem Bastian Freeman McGill Smith, S. H. Bishop Gruitza Miller, R. Stetler Battisto Gannon Mcllhattan Snyder Blaum Habay Miller, S. Stevenson Bebko-Jones Geist Mcllhinney Solobay Boyes Haluska Mundy Stnittmatter Belardi George McNaughton Staback Browne Hanna Myers Sturla Belfanti Gladeck Melio Stairs Bunt * Harhai Nailor Tangretti Benninghoff Godshall Metcalfe Steelman Butkovitz Harhart Nickol Taylor, E. Z. Birmelin Gordner Michlovic Steil Buxton Hasay O’Brien Taylor, J. Bishop Grucela Micozzie Stem Caltagirone Hennessey Oliver Thomas Blaum Gruitza Miller, R. Stetler Cam Herman Orie Tigue Boyes Habay Miller, S. Sievenson Casorio Hershey Perzel Travaglio Browne Haluska Mundy Stnitimatter Cawley Hess Pesci Trello Bunt Hanna Myers Sturla Butkovitz Harhai Nickol Tangretti 1240 LEGISLATIVE JOURNAL-HOUSE JUNE 6
Buxton Harhant O’Brien Taylor, F. Z. Amend Sec. I Sec. 8, page 2, by inserting between lines 8 and 9 Caltagirone Hasay Oliver Taylor,J. e.2 A sewage enforcement officer who the department Cam Hennessey One Thomas Casorio Herman Perzel Tigue determines to have been in collusion with another sewage enforcement Cawley Hershey Pesci Travaglio officer for the siting or design of an on-lot sewage disposal system Chadwick Hess Petrarca Trello under subsection el shall be subiect to a fine often thousand dollars Civera Horsey Petrone Trich SI 0,000. Clark Hutchinson Phillips True Clymer Jadlowiec Pippy Tulli Cohen, M. James Platts Van Home On the question, Colafella Josephs Preston Veon Will the House agree to the amendment? Comell Kaiser Ramos Vitali Costa Keller Raymond Walko Coy Kenriey Readshaw Washington The SPEAKER. On the question of the adoption of the Curry Kirkland Reinard Waters George amendment, the Chair recognizes the gentleman from Dailey Krebs Rieger Wilt Clearfield. Daley LaGrotta Roberts Wogan DaIly Laughlin Robinson Wojnaroski Mr. GEORGE. Thank you, Mr. Speaker. DeLuca Lawless Roebuck Wright Mr. Speaker, I rise today to offer amendment 0144. This is Dempsey . Lederer Rohrer Yewcic an anticollusion amendment. Mr. Speaker, if we give these Dermody Leh Rooney Youngblood DiGirolamo Lescovitz Rubley Yudichak sewage enforcement officers the power or the ability to work Donatucci Levdansky Ruffing Zimmerman with other sewage enforcement officers, we need to be able to Lucyk Sainato Druce Zug be sure that there is not collusion - that is, some form of Eachus Lynch Samuelson Egolf Maitland Santoni quid pro quo and kickbacks for financial incentives. Evans Major Sather Ryan, What I am saying, Mr. Speaker, is, I would not want to see a Fairchild Manderino Speaker permit turned down simply to get someone that would need a draft of a device in order to make the matter legal as far as the NAYS-S , law is concerned. I am not against or do I insist that everybody does things that are illegal. I do not mean that at all. But I just Barrar Nailor Ross Vance Maher do not believe that we ought to allow this to take place in that we could be forcing a collusion on some of these people. If we NOT VOTING-0 give the SEOs sewage enforcement officers more power and authority and the ability to make money, there should be more EXCUSED-8 accountability. I believe that we should adopt this amendment in the form of Cappabianca Corrigan Giglioiti Surra good government and rely on ourselves as being a proper judge Cohen, L. I. DeWeese Pistella williams of what should go into this legislation. Thank you, Mr. Speaker. The SPEAKER. On the question of the adoption of the George amendment, the Chair recognizes the gentleman from The majority required by the Constitution having voted in Chester County, Mr. Hershey. the affirmative, the question was determined in the affirmative Mr. HERSHEY. Thank you, Mr. Speaker. and the bill passed fmally. I am asking the General Assembly to vote "no" on this Ordered, That the clerk return the same to the Senate with amendment. This amendment deletes the key provision of the the information that the House has passed the same with bill allowing sewage enforcement officers to prepare drawings amendment in which the concurrence of the Senate is requested. or documents related to work of onlot sewage disposal systems designed by local agencies. This amendment would require the department to fine a sewage enforcement officer $10,000 if the department The House proceeded to third consideration of RB i960, detennined that the SEO had colluded with another sewage PN 2673, entitled: enforcement officer in the siting or design of the onlot system. I think this is overkill. There are provisions in the law now to An Act amending the act of January 24, 1966 1965 P.L.l535, take care of any- In the Criminal Code, the wording is in the No.537, known as the Pennsylvania Sewage Facilities Act, further providing for sewage enforcement officer powers. Criminal Code now to take care of a situation like this. This amendment is overkill. I would like to ask the On the question, membership to vote against it. Will the House agree to the bill on third consideration? The SPEAKER. On the question of the adoption of the George amendment, Mr. George. Mr. GEORGE offered the following amendment No. Mr. GEORGE. Thank you, Mr. Speaker. A0144: Believe me, I do not mean to stand here and kill anybody. Being involved with the environment for 26 years since I have Amend Title, page 1, line 12, by removing the period after been here, we have watched people complain about the fact that "powers" and inserting a sand mound had been forced on them, where next door the and prescribing a penalty. same type of modeling, the same type of distance, the same Amend Sec. I, page 1, line 17, by striking out "a subsection" and equation took place, and that one was passed without a sand inserting mound, but all for some reason, we need a sand mound. Now, subsections maybe I could take a little bit of time to explain to you that 2000 LEGISLATIVE JOURNAL-HOUSE 1241
maybe the culprit is not the people; maybe it is us, because we they are into $500 and $600 just with the testing. These people pass bills and we allow a department to place the regulations that do not like what we are trying to do are going to say, you within those bills. And, Mr. Speaker, if they will listen, I might are going to cost the people too much money. Just a while ago, be able to enlighten them on something I think, the one thing I Mr. Speaker, we heard about the right for supply and demand. might know something about. We said that banks are an open enterprise and a free enterprise; For example, when you build a sand mound, it cannot be we should not put a limitation on them. Is that not funny? We built with sand that is not State approved, so that means that if should not put a limitation on a bank that makes all these someone has gone to the Department of Transportation and they moneys and turns their back on you, but we should place have had their sand tested and it is applicable to highway limitations on your constituent who wants to build a home, and confonnity, then that sand can be used on a sand mound. But the limitation that we are placing- Just an hour ago we finally right next door, there can be a man that has a field and he is not finished up a bill that would stop sprawl. You know, sprawl will in the business to sell sand and his sand does not have silica and be stopped automatically, because, you know, Mr. Speaker, we his sand is just as good, but because it has not been offered to have got problems because we have a shortage of water. Our the highway department and therefore it was not tested, then, by aquifers are not as heavy as they ought to be. Just a month ago, golly, that renders it useless because they will not use it, the Governor took and relieved us of being involved in that because the law does not allow it. conservation matter, and all I am saying is, why would we insist
Now, this developed- And please be patient, Mr. Speaker, that another - and listen to me, please - why would we insist if you will. About a year and a half ago, Mr. Speaker, we said, that another SF0 across town can draw that plan; why not let
wait a minute; whoa; you know, it is easier to get a landfill the original SEO thaw it? If they are so honest - and I believe
permit in Pennsylvania than it is to get an onlot sewage. That is they are - why are you insisting that someone across the State what we said. By God, I believe it is true, because I have seen in can come in and charge per diem, charge by the mile, charge all Pennsylvania where Waste Management and these companies of this, when that regular SEO that turned it down can draw it have come in after they are kicked out of Ohio and kicked out just the same? And all I am saying is and what we want to do- of Illinois, fined $6 or $7 million, and cited out in Sharon where Now, Mr. Speaker, I daresay if somebody finds you absconding their leachate went into the Sharon River, and that is okay with $10,000 or something illegal, you will wish that you never because we should not know anything. got up in the morning because they will want you out of office. Let me tell you something, Mr. Speaker: We should know So here we are; you are standing up, and you are taking issue whether it is raining or somebody is spitting on us; we should be with me that I say that if we catch them in collusion- smart enough to know that. And these people knew that the The SPEAKER. Will the gentleman yield. department was holding such a fast and steady rein on them, Mr. Fargo, for what reason do you rise? that a lot of places were being turned down, and they had these Mr. GEORGE. I apologize. SEOs running around like they were snakebit. So we passed Mr. FARGO. I would just like to check and make sure that you; we passed an amendment saying, if your sand mound or the gentleman. is talking on the right amendment. This the sand mound that has been intended or the area that you had amendment has to do with fining a sewage enforcement officer tested did not pass, either because the percolation was too small, $10,000 if there is a determination of wrong. Is that the the percolation was too fast, modeling was apparent, you did not amendment he is speaking on? have 17 inches of topsoil, if it was turned down, enough of this The SPEAKER I think so, but I share some of the same malarkey we are going to let you go to an engineer, and that questions that you have. Mr. George, you really have been engineer can have the opportunity to tell you that what that SEO straying somewhat afield of your amendment, and I would inspector has done, in their legitimate, learned opinion, was appreciate it if you would close in on the subject matter. wrong, and therefore, the permit would pass. Mr. GEORGE. It is a very delicate thing that I attempt to do. Now, let me make you all aware of one thing: Even though The SPEAKER. It was a very delicate thing that I attempted they say the municipality has the final say and even though they to do to correct you. say the municipality is the sole authority, do not you ever Mr. GEORGE. You know, if I live to be 100, I will never believe it; do not you believe that for one moment, because the wise up, Mr. Speaker. DEP Department of Environmental Protection hangs over The SPEAKER. I believe that. Thank you. those SEOs. I pity them. Mr. GEORGE. Mr. Speaker, it is we who were sent down But nevertheless, we said an engineering firm can make that here. I do not understand it. Now, do I think that I am perfect? decision if in fact an onlot system had been turned down. That Heck no; I am not perfect. Now, a fellow just told me a while
is what we said. We said it with our vote. ago, Mr. Speaker, your pro tem - and I am going to say that
Now they are going to come and they are going to say to because I think he is a grand guy; he is not running anymore - you, well, why do you want an engineer to do this? They know he said when he first got here, he wondered what the heck he nothing about sand mounds. Well, you know, Mr. Speaker, was doing here, and in the second year, he wondered what the I believe if you have the ability to draft one sand mound, you heck the rest of us were doing here. That is what he said, probably have the ability to draft 100,000, because they are Mr. Speaker. really all identical. The only difference is the length or the The SPEAKER. That sounds closer to the amendment than depth, but they all work in the same manner. the earlier debate. So what I am asking the people to do- When my good Now, if we could just close in on the amendment. friend, Mr. Hershey, says I am ripping, I am not ripping Mr. GEORGE. Mr. Speaker, take anybody who does anything out. I am just going to give those people that 10 years anything illegal. They know the circumstances, and there has to ago, to get a sand mound, it only cost them about $140; now be some provision that will keep them clean. They do it to you, 1242 LEGISLATIVE JOURNAL-HOUSE JUNE 6 they do it to me, and why not? That is the way it ought to be. Committee. That is where this bill ought to be in the first place. And all this does is say, hey, you collude, you pay. That is all We can come out of that committee with a bill that I am very we are asking. Now, if it is going to ruin the bill, I would confident we can get some agreement on with the groups that withdraw it, but this is not going to hurt anything. It is going to the gentleman, Mr. Hershey, talked about. do what we need to do: keep them straight. That is what we will So for today, I think we ought to send this bill to the be doing in November. They will be keeping us straight. Let us committee. I would support the gentleman’s motion to do that keep them straight. right now and would ask for an affirmative vote. Thank you, Mr. Speaker. BILL RECOMMITTED The SPEAKER. Mr. Civera, on the question of recommittal. Mr. CIVERA. Thank you, Mr. Speaker. The SPEAKER. The gentleman, Mr. Raymond, desires Mr. Speaker, I think the issue here that the previous speaker recognition. mentioned, Representative Raymond, in making this motion is Mr. RAYMOND. Thank you, Mr. Speaker. that this bill and the way it is drafted amends Act 537, but what Mr. Speaker, I would like to move that we recommit the problem here is is that the engineering board had sent the RB 1960 to the Professional Licensure Committee. sewage enforcement officers a letter saying that they were not The SPEAKER. The gentleman, Mr. Raymond, moves that allowed to design these systems because Title 63 was never HR 1960 be recommitted to the Professional Licensure amended, which comes under the Professional Licensure. We Committee. have had this- The SPEAKER. Mr. Civera, you are starting to get into the On the question, substance of the bill, and the question is much, much narrower Will the House agree to the motion? than that. Mr. CIVERA. All right. The SPEAKER. On that motion, Mr. Raymond. Well, for that purpose I believe that it should come back to Mr. RAYMOND. Thank you, Mr. Speaker. the Professional Licensure Committee. Mr. Speaker, as the previous speaker has stated, this is a very The SPEAKER. Thank you. complex issue that we are dealing with here, and it does deal Mr. Lynch, on the question of recommittal. with the scope of practice of engineers, and because of that and Mr. LYNCH. Thank you, Mr. Speaker. other issues, I would like to recommit that bill to the I have to say that this is probably one of the easiest bills that Professional Licensure Committee. Thank you. we will vote in the time that I have been here. This is not a The SPEAKER. The gentleman, Mr. Hershey. complicated issue at all, and I am opposing the motion to Mr. HERSHEY. Thank you, Mr. Speaker. recommit. This has gone through the committee process. We I oppose the motion to recommit. have talked about it. We have discussed it. It is a simple issue, We have had this issue around a long time. I would like to and I strongly oppose the recommittal. Let us vote this bill speak on the bill, but I know I am not allowed to. It is a very today. Thank you, Mr. Speaker. small issue. I want to tell you who is in favor of this bill: The SPEAKER. The Chair thanks the gentleman. the Pennsylvania Builders Association, the Pennsylvania The gentleman, Mr. Geist. Farm Bureau, Pennsylvania Land Improvement Contractors Mr. GUST. Thank you very much, Mr. Speaker. Association, Pennsylvania Realtors Association, Pennsylvania I am one of the cosponsors of this bill, and I have also had Rural Electric Association, Pennsylvania Septage Management, the privilege of chairing Professional Licensure, and I do not privilege. Pennsylvania State Association of Township Supervisors, and know whether that is a curse or a Representative Veon right, and I not want get also, the Pennsylvania Association of Sewage Enforcement and others are absolutely do to Officers. into the debate on the substance of the bill, but we can send this This is not a complicated bill. This will give sewage officers back to Professional Licensure, we can bring a bill back out that the opportunity to go to neighboring counties if they do not is worded correctly and I think a much better bill, and I would have one, and today they do 95 percent of the work now. It is urge the members to send that bill back to Professional not complicated. I ask the members to vote against recommittal. Licensure, and I would hope that Representative Civera and The SPEAKER. Mr. Veon. others would immediately bring it back out to us. The intent is Mr. VEON. Thank you, Mr. Speaker. right, the language needs corrected, and I would urge that we Mr. Speaker, I rise to support the motion by the gentleman to recommit this piece of legislation. recommit this bill. The SPEAKER. The lady from Chester County, The gentleman was articulating a number of the groups that Mrs. Rubley. are for this bill. My own personal experience has been over the Mrs. RUBLEY. Thank you, Mr. Speaker. last month or so as we have considered this that I have heard I would just like to mention that last session I had a very from very few if any of those groups or members associated similar bill, and at that point the bill was worded that it would with those groups. revise the engineers law. That bill was before the Professional We know that there are a number of amendments that are Licensure Committee. We did have one hearing on it, but the filed to this bill, and I would suggest, in having talked to a committee never passed that bill out. My concern is that that bill number of members that are very familiar with the content of will be left there to just lie in limbo and we will never see the what we are trying to do here, that this bill still needs a opportunity to address the situation. Thank you. tremendous amount of work. I believe that this motion would The SPEAKER. The Chair thanks the lady. help us accomplish that. Send it to the Professional Licensure 2000 LEGISLATIVE JOURNAL-HOUSE 1243
On the question recurring, RULES COMMITTEE MEETING Will the House agree to the motion? The SPEAKER. The majority leader is recognized. He calls The following roll call was recorded: for an immediate meeting of the Rules Committee at the majority leader’s desk. YEAS-132
Adolph Frankel Mayernik Shaner RESOLUTIONS REPORTED Barrar Freeman McCall Smith, B. FROM COMMITTEE Bastian Gannon McGeehan Solobay Battisto Geist McGill Staback Bebko-Jones George Mcllhinney Stairs HR 164, PN 1667 By Rep. PERZEL Belardi Gladeck McNaughton Sceelman Belfanti Godshall Melio Steil A Resolution urging the Federal Communications Commission to Birmelin Grucela Metcalfe Stetler mandate certain telephone conservation methods and to overhaul the Bishop Gnjitza Michiovic Sturla system used to allocate telephone numbers. Blaum Haluska Micozzie Tangretti Bulkovitz Hanna Mundy Taylor, E. Z. Buxton Harhai Myers Thomas RULES. Caltagirone Harharl Nailor Tigue Cam Hasay Oliver Travaglio Casorio Herman Pesci Trello HR 521, PN 3639 By Rep. PERZEL Cawley Hess Petrarca Trich Chadwick Horsey Petrone Tulli A Resolution expressing support of a Pennsylvania high-speed Civera James Pippy Vance maglev industry. Clymer Josephs Preston Van Home Cornell Kaiser Ramos Veon Costa Keller Raymond Vitali RULES. Coy Kenney Readshaw Walko Curry Kirkland Rieger Washington Dailey Krebs Roberts waters HR 522, PN 3640 By Rep. PERZEL Daley Laughlin Robinson Wojnaroski DaIly Lawless Roebuck w-iht A Concurrent Resolution requesting the Pennsylvania Higher Dermody Lederer Rooney Yewcic Education Assistance Agency to prepare a report on attaining college DiGirolamo Lescovitz Ruffing Youngblood degrees within four years. Donatucci Lucyk Sainato Yudichak Druce Major Samuelson Zug Eachus Manderino Santoni RULES. Evans Mann Scrimenti Fichter Markosek Semmel Ryan, Flick Marsico Speaker SUPPLEMENTAL CALENDAR B
NAYS-6l RESOLUTION Allen Fairchild Maher Rubley Argall Fargo Maitland Sather Mr. HERMAN called up HR 522, PN 3640, entitled: Armstrong Feese Masland Saylor Baker Fleagle Mcllhattan Schroder A Concurrent Resolution requesting the Pennsylvania Higher Bard Forcier Miller, R. Schuler Education Assistance Agency to prepare a report on attaining college Barley Gardner Miller, S. Smith, S. 1-i. degrees within four years. Benninghoff Habay Nickol Snyder Bayes Hennessey O’Brien Stem On the question, Browne Hershey One Stevenson Will Bunt Hutchinson Perzel Strittrnatter the House adopt the resolution? Clark Jadlowiec Phillips Taylor, J. Cohen, M. LaGrotta Platts True The following roll call was recorded: Colafella Leh Reinard Wilt DeLuca Levdansky Rohrer Wogan Dempsey Lynch Ross Zimmerman YEAS-l93 Ego If Adolph Fargo Mann Saylor Allen Feese Markosek Schroder NOT VOTING-O Argall Fichter Marsico Schuler Armstrong Fleagle Masland Scrimenti Baker Flick Mayemik Semmel EXCUSEII8 Bard Forcier McCall Shaner Barley Frankel McGeehan Smith, B. Cappabianca Corrigan Gigliotti Surra Barrar Freeman McGill Smith, S. H. Cohen, L. I. DeWeese Pistella Williams Basuan Gannon Mcllhattan Snyder Battisto Geist Mcllhinney Solobay Bebko-Jones George McNaughton Staback Belardi Gladeck Melio Stairs The majority having voted in the affirmative, the question Belfanti Godshall Metcalfe Steelman Benninghoff was determined in the affirmative and the motion was agreed to. Gardner Michlovic Steil Birmelin Grucela Micozzie Stem Bishop Gruitza Miller. R. Stetler Blaum Habay Miller, S. Stevenson Boyes Haluska Mundy Strittmatter 1244 LEGISLATIVE JOURNAL-HOUSE JUNE 6
Browne Hanna Myers Sturla On the question, Bunt Harhai Nailor Tangretti Butkovitz Harhart Nickol Taylor, F. Z. Will the House agree to the motion? Buxton Hasay O’Brien Taylor, J. Caltagirone Hennessey Oliver Thomas The SPEAKER. On the question, those in favor will say Cam Herman One Tigue will Casonio Hershey Perzel Travaglio "aye"; opposed stand or call their negative vote to the Cawley Hess Pesci Trello attention of the Chair. Chadwick Horsey Petrarca Trich I assume Mr. Krebs is a "no"; Mr. Steil is a "no" on Civera Hutchinson Petrone True Steelman, Hanna, Mr. Clark Jadlowiec Phillips Tulli suspension; Ms. Mr. Metcalfe, on Clymer James Pippy Vance suspension. All others are "yes" on the question of suspension. Cohen. M. Josephs Platts Van Home The clerk will record the vote. Colafella Kaiser Preston Veon Comell Keller Ramos Vitali Costa Kenney Raymond Walko It is working again. Coy Kirkland Readshaw Washington On the question of suspension, the yeas are 188; the nays, 5. Knebs Reinard Waters Curry The majority required to suspend the rules having voted in the Dailey LaGrotta Rieger Wilt Daley Laughlin Roberts Wogan affirmative, the rules are suspended. DaIly Lawless Robinson wojnaroski DeLuca Lederer Roebuck Wright Ms. Josephs, do you seek recognition? For what purpose? Dempsey Leh Rohrer Yewcic Dermody Lescovitz Rooney Youngbiood Ms. JOSEPHS. I, at least, am not getting anything on my DiGirolamo Levdansky Ross Yudichak computer either. If that is the general case- Donatticci Lucyk Rubley Zimmerman The SPEAKER. Try now. Druce Lynch Ruffing Zug Eachus Maher Sainato Ms. JOSEPHS. Okay. Egolf Maitland Samuelson The SPEAKER. We think the power is back on. Evans Major Santoni Ryan. Ms. JOSEPHS. All right. Thank you. Fairchild Manderino Sather Speaker The SPEAKER. Md let us know if your computer is still NAYS-0 down. At the moment is there anyone here without power to their computer? NOT VOTING.-0
EXCUSED-8 SUPPLEMENTAL CALENDAR C Cappabianca Corrigan Gigliotti Surra RESOLUTION Cohen, L. I. Deweese Pistella Williams Mr. PIPPY called up HR 521, PN 3639, entitled:
The majority of the members elected to the House having A Resolution expressing support of a Pennsylvania high-speed voted in the affirmative, the question was determined in the maglev industry. affinnative and the resolution was adopted. Ordered, That the clerk present the same to the Senate for On the question, concurrence. Will the House adopt the resolution?
RULES SUSPENDED The SPEAKER. On the question, Mr. Pippy, do you wish to be recognized? The SPEAKER. The Chair recognizes the gentleman, Mr. PJPPY. Yes. Mr. Pippy, who moves that the rules of the House be suspended The SPEAKER. You are recognized. to permit the immediate consideration of HR 521. Mr. PIPPY. Thank you, Mr. Speaker. We have to suspend for a moment. There is a technical I just want to thank my colleagues. We had over this resolution. difficulty with the voting machines. 80 cosponsors to The House will stand temporarily at ease. For those who do not know, the Pennsylvania high-speed MAGLEV magnetic levitation organizations have been The House will come to order. working with labor, private industry, and our governmental We have technical difficulties with the electronic voting agencies to compete for over 900 million dollars’ worth of machines. Without objection, we have only two resolutions to revenue to come into Pennsylvania as a whole and in particular do to conclude our business. Without objection and with the southwestern Pennsylvania. permission of both leaderships, I propose to do it by voice vote. So I would ask my colleagues for an affirmative vote. you, Speaker. If there is any objection, kindly advise me. I will take negative Thank Mr. gentleman. votes by a raise of the hand or members standing up. The SPEAKER. The Chair thanks the The Chair recognizes the gentleman, Mr. Pippy. Mr. PIPPY. Mr. Speaker, I move that the rules of the House On the question recurring, be suspended to permit the immediate consideration of HR 164 Will the House adopt the resolution? and HR 521. 2000 LEGISLATIVE JOURNAL-HOUSE 1245
The following roll call was recorded: SUPPLEMENTAL CALENDAR D
YEAS-191 RESOLUTION Adolph Fargo Markosek Saylor Allen Feese Marsico Schroder Mr. McCALL called up HR 164, PN 1667, entitled: Argall Fichter Masland Schuler Armstrong Fleagle Mayemik Scrimenti A Resolution urging the Federal Communications Commission to Baker Flick McCall Semmel mandate certain telephone conservation methods and to overhaul the Bard Forcier McGeehan Shaner system used to allocate telephone numbers. Barley Frankel McGill Smith, B. Barrar Freeman Mcllhattan Smith, S. H. Bastian Gannon Mcllhinney Snyder On the question, Battisto Geist McNaughton Solobay Will the House adopt the resolution? Bebko-Jones George Melio Staback Belardi Giadeck Metcalfe Stairs Belfanti Godshall Michlovic Steelman The following roll call was recorded: Benninghoff Grucela Micozzie Steil Birmelin Habay Miller, R. Stem Bishop Fialuska Miller, S. Sietier YEAS493 Blaum Flanna Mundy Stevenson Boyes Harhai Myers Strittmatter Adolph Fargo Mann Saylor Browne 1-tarhart Nailor Slurla Allen Feese Markosek Schroder Bunt Hasay Nickol Tangretti Argall Fichter Marsico Schuler Butkovitz Hennessey O’Brien Taylor, E. Z. Armstrong Fleagle Masland Scrimenti Buxton Herman Oliver Taylor, .1. Baker Flick Mayemik Semmel Caltagirone Hershey OHe Thomas Bard Forcier McCall Shaner Cam Hess Perzel Tigue Barley Frankel McGeehan Smith, B. Casorio Horsey Pesci Travaglio Barrar Freeman McGill Smith, S. H. Cawley Hutchinson Petrarca Trello Bastian Gannon Mcllhattan Snyder Chadwick Jadiowiec Petrone Inch Bauisto Geist Mcllhinney Solobay Civera James Phillips True Bebko-Jones George McNaughton Staback Clark Josephs Pippy Tulli Belardi Gladeck Metio Stairs Clymer Kaiser Platts Vance Belfanti Godshall Metcalfe Steelman Cohen, M. Keller Preston Van Home Benninghoff Gordner Michlovic Steil Colafella Kenney Ramos Veon Birmelin Grucela Micozzie Stem Cornell Kirkland Raymond Vitali Bishop Gruitza Miller, R. Stetler Costa Krebs Readshaw Walko Blaum Habay Miller, S. Stevenson Coy LaGrotta Remand Washington Boyes Haluska Mundy Strittmatter Curry Laughlin Rieger Waters Browne Hanna Myers Sturla Dailey Lawless Roberts Wilt Bunt Harhai Nailor Tangretti Daley Lederer Robinson Wogan Butkovitz Harhart Nickol Taylor, E. Z. Daily Leh Roebuck Wojnaroski Buxton Hasay O’Brien Taylor, J. DeLuca Lescovitz Rohrer Wrighi Caltagirone Hennessey Oliver Thomas Dempsey Levdansky Rooney Yewcic Cam Herman One Tigue Dermody Lucyk Ross Youngblood Casorio Hershey Perzel Travaglio DiGirolamo Lynch Rubley Yudichak Cawley Hess Pesci Trello Donatucci Maher Ruffing Zimmerman Chadwick Horsey Petrarca Trich Druce Maitland Sainato Zug Civera Hutchinson Petrone True Eachus Major Samuelson Clark Jadlowiec Phillips Tulli Egolf Manderino Santoni Ryan, Clymer James Pippy Vance Evans Mann Sather Speaker Cohen, M. Josephs Platts Van Home Fairchild Colafella Kaiser Preston Veon Cornell Keller Ramos Vitali Costa Kenney Raymond Walko Coy Kirkland Readshaw Washington NAYS-O Curry Krebs Reinard Waters Dailey LaGrotta Rieger Wilt Daiey Laughlin Roberts Wogan Daily Lawless Robinson Wojnaroski DeLuca Lederer Roebuck Wright NOT VOTINO-2 Dempsey Leh Rohrer Yewcic Dermody Lescovitz Rooney Youngblood Gordner Gruitza DiGirolamo Levdansky Ross Yudichak Donatucci Lucyk Rubley Zimmerman Druce Lynch Ruffing Zug Eachus Maher Sainato EXCUSED-8 Egoif Maitland Samuelson Evans Major Santoni Ryan, Cappabianca Corrigan Gigliotti Surra Fairchild Manderino Sather Speaker Cohen, L. I. DeWeese Pistella Williams
NAYS-U The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted. NOT VOTING-O 1246 LEGISLATIVE JOURNAL-HOUSE JUNE 6
EXCUSED-S VOTE CORRECTION
Cappabianca Corrigan Gigliotti Surra The SPEAKER. Mr. Horsey. Cohen, L. i. DeWeese Pistella Williams Mr. HORSEY. Mr. Speaker, on amendment 2163 relative to HE 2152, 1 was recorded in a "yes." I would like to be recorded in the negative. having voted in the affirmative, question The majority the The SPEAKER. The Chair thanks the gentleman. was determined in the affirmative and the resolution was Mr. HORSEY. Thank you, Mr. Speaker. adopted.
The SPEAKER. Members, may I have your attention for a BILLS REPORTED FROM COMMITTEES, moment, please. Tomorrow we will start the session at CONSIDERED FIRST TIME, AND 10:30 a.m.; tomorrow we will begin session at 10:30 a.m. RECOMMITTED TO COMMITTEE ON RULES
IIB 2080, PN 3663 Amended By Rep. CANNON
LABOR RELATIONS An Act amending Title 18 Crimes and Offenses of the COMMITTEE MEETING Pennsylvania Consolidated Statutes, prohibiting certain pointing of laser beams. The SPEAKER. Mr. Gladeck, for an announcement. Mr. GLADECK. Thank you. JUDICIARY. Mr. Speaker, I would like to make an announcement. There will be a meeting of the House Labor Committee in room 205 in RB 2522, PN 3492 By Rep. GEIST the Speaker Ryan Office Building tomorrow morning at 9 am. to consider SB 1244. Thank you. An Act designating State Route 3160 in Allegheny County as the 99th infantry Division Memorial Highway.
TRANSPORTATION. JUDICIARY COMMITTEE MEETING
The SPEAKER. Mr. Gannon, do you have a committee HOUSE BILL meeting? INTRODUCED AND REFERRED Members, pay attention. These are committee meetings for tomorrow, I suspect. No. 2600 By Representatives FAIRCHILD, Mr. GANNON. Mr. Speaker, this is for an immediate MARKOSEK, HUTCHINSON, EACHUS, PHILLIPS, meeting to reconvene the meeting of this morning of the BELFANTI, ADOLPH, ALLEN, ARGALL, BAKER, Judiciary Committee to report a bill. BARLEY, BASTIAN, BAnISTO, BEBKO-JONES, The SPEAKER. And where is that meeting? BELARDI, BENMNGHOFF, BIRMELIN, BLAUM, BOYES, Mr. CANNON. It is immediately right here, Mr. Speaker. BROWNE, BUNT, BUXTON, CALTAGIRONE, CASORIO, CHADWICK, CIVERA, CLARK, CLYMER, L. I. COHEN, The SPEAKER. There are no further votes. M. COHEN, COLAFELLA, CORNELL, CORRIGAN, COSTA, COY, DAILEY, DALLY, DeLUCA, DEMPSEY, DERMODY, DeWEESE, DiGIROLAMO, EGOLF, EVANS, FARGO, FEESE, FICHTER, FLEAGLE, FLICK, FORCIER, VOTE CORRECTION FRANKEL, GEIST, GEORGE, GORDNER, GRUCELA, HABAY, The SPEAKER. Mr. Sturla. GRUITZA, HALUSKA, HANNA, HARHAI, HARHART, HASAY, HENNESSEY, HERMAN, Mr.. STURLA. Mr. Speaker, on HB 2152, amendment 2163, HERSHEY, I was recorded in the affirmative, and J wish to be recorded in HESS, JADLOWIEC, KAISER, KELLER, KREBS, the negative. LaGROTTA, LAUGHLIN, LAWLESS, LEDERER, LEH, LESCOVITZ, LUCYK, LYNCH, MAHER, MAITLAND, MAJOR, MARSICO, MASLAND, MAYERNIK, McCALL, McGEEHAN, McILHATTAN, McILHINNEY, STATE GOVERNMENT McNAUGHTON, MELIO, METCALFE, MICHLOVIC, COMMITTEE MEETING R. MILLER, S. MILLER, MUNDY, NAILOR, OLIVER, ORIE, PERZEL, PETRARCA, PETRONE, PIPPY, PLATTS, The SPEAKER. Mr. Clymer. RAMOS, READSHAW, ROHRER, ROONEY, RUFFING, Mr. CLYMER. Thank you, Mr. Speaker. RYAN, SAINATO, SANTONI, SATHER, SAYLOR, Mr. Speaker, just a reminder to the members of the SCHRODER, SCHULER. SCRIMENTI, SEMMEL, SHANER, State Government Committee that our meeting is tomorrow B. SMITH, S. H. SMITH, SOLOBAY, STABACK, STAIRS, morning. Look on your notices. It gives you the time and place. STEELMAN, STERN, STEVENSON, STURLA, SURRA, Thank you. TANGR.ETTI, F. Z. TAYLOR, THOMAS, TIGUE, TRAVAGLJO, TRFLLO, TRICH, TRUE, TULLI, VANCE, 2000 LEGISLATIVE JOURNAL-HOUSE 1247
VEON, VITALI, WALKO, WATERS, WILT, WOJNAROSKI, YEWCIC, YOUNGBLOOD, ZIMMERMAN and ZUG
An Act regulating the closure of State-operated mental retardation facilities; and providing remedies.
Referred to Committee on STATE GOVERNMENT, June 6, 2000.
BILLS AND RESOLUTIONS PASSED OVER
The SPEAKER. Without objection, all remaining bills and resolutions on today’s calendar will be passed over. The Chair hears no objection.
ADJOURNMENT
The SPEAKER. Is there any further business? Any further corrections to the record? Any further reports of committees? Do the majority or minority leaders have any further business? Hearing none, the Chair recognizes the gentleman from Westmoreland County, Mr. Harhai. Mr. FIARHAI. Mr. Speaker, I move that this House do now adjourn until Wednesday, June 7, 2000, at 10:30 am., e.d.t., unless sooner recalled by the Chair.
On the question, Will the House agree to the motion? Motion was agreed to, and at 5:25 p.m., e.d.t., the House adjourned.