COMMONWEALTH OF PENNSYLVANIA
LEGISLATIVE JOURNAL
TUESDAY, NOVEMBER 16,1999
-- - SESSION OF 1999 183D OF THE GENERAL ASSEMBLY No. 57 HOUSE OF REPRESENTATIVES PISTELLA, ROSS, RUBLEY, SATHER, SAYLOR, The House convened at 11 a.m., e.s.t. SCHRODER, SCHULER, SEMMEL, SEYFERT, SHANER, S. H. SMITH, SNYDER, STAIRS, STERN, STRITTMATTER, E. Z. TAYLOR, THOMAS, TRUE, WILT, WOGAN, THE SPEAKER (MATTHEW J. RYAN) WOJNAROSKI, YOUNGBLOOD, ZIMMERMAN and ZUG PRESIDING An Act amending the act of January 24, 1966 (1965 P.L.1535, No.537). known as the Pennsylvania Sewage Facilities Act, further PRAYER providing for sewage enforcement officerpowers. REV. NANCY DAHLBERG, Chaplain of the House of Referred to on RESOURCES Representatives and pastor of Chapel Hiil United Church of Christ, AND ENERGY, 16, 1999, Camp Hill, Pennsylvania, offered the following prayer:
Let us pray: No. 2071 By Representatives DALLY, GEORGE, 0 God, we offer our prayer this morning for the world You SAYLOR, PIPPY, WALKO, BELARDI, E. Z. TAYLOR, brought into being, the world You love. We pray for the vital LYNCH, READSHAW, FREEMAN, SURRA, RUBLEY, products of labor and harvest and also for hope that envisions a LEDERER, SATHER, SANTONI, STEELMAN, SCHRODER, brighter future. We pray for patience that builds connections YOUNGBLOOD, TRELLO, BROWNE, HARHAI, HARHART, McCALL and STERN among.. people . over time and enables new understand'mgs to form. We pray for urgency in our actions to preserve creation and to act An Act requiring telecommunications carriers to change a responsibly. We Pray for resiliency, for in this place, frustration is subscriber's carrier selection for local service and regional and long our Darner and discouraeement- is our friend. And lastly, we orav distance toll service in accordance with the Federal Communications for love - love to guide us, to permeate our lives, Commission's verification procedures; and imposing powers and duties On the Pennsylvania public utility omm mission. source-~~~~ of~ hsoiration~r so that the we cm. <, hold, and the yearnings we confess might be accepted and acted Referred to Committee on CONSUMER AFFAIRS, upon by Your great power. Amen. November 16, 1999.
PLEDGE OF ALLEGIANCE NO. 2073 BV Re~resentatives DEMPSEY. ARGALL. I ~ ~ ~, BASTIAN, BELARDI, BELFANTI, BROWNE, (The Pledge of Allegiance was recited by members and CAPPABIANCA, CAWLEY, CLARY M. COHEN, COSTA, visitors.) COY, DeLUCA, FAIRCHILD, FARGO, FEESE, FICHTER, FRANKEL, GEIST, GEORGE, HANNA, HARHAI, HERMAN, JOURNAL APPROVAL POSTPONED HERSHEY, JADLOWIEC, LAUGHLIN, LEH, LUCYK, LYNCH, MAHER, MANDERINO, MANN, MARSICO, The SPEAKER. Without objection, the approval of the Journal MASLAND, M~C-L, MICOZZIE, S, MILLER, MCKOL, of Monday, November 15, 1999, will be postponed until printed. ORIE, PHILLIPS, RIEGER, ROBINSON, ROEBUCK, ROSS, The Chair hears no objection. RUBLEY, SAYLOR, SCHRODEQ SHANER, B. SMITH, SOLOBAY, STABACK, STEIL, STERN, STURLA, HOUSE BILLS E. Z. TAYLOR, J. TAYLOR, TRELLO, WILT, WOJNAROSKI, INTRODUCED AND REFERRED YOUNGBLOOD and YUDICHAK
No. 1960 By Representatives HERSHEY, DeWEESE, An Act amending the act of March 1 I, 1971 (P.L. 104, NO.^), known as the Senior Citizens Rebate and Assistance Act, further defining BARLEY, CAPPABIANC4 FARGO, ARGALL, ARMSTRONG, .'income." BAKER BARRAR. BELFANTI. BENNINGHOFF. BUNT. CLYMER3 'OLAFELLA, Referred to Committee on FINANCE, November 16, 1999 FEESE, FLEAGLE, FLICK, FORCER, GEIST, GODSHALL, GRUITZA, HALUSKA, HARHAI, HENNESSEY, HERMAN, HESS, JADLOWIEC, LEH, LYNCH, MAITLAND, MAJOR, McILHATTAN, McNAUGHTON. MYERS, PESCI, PETRONE, 2124 LEGISLATIVE JOURNAL,-HOUSE NOVEMBER 16
No. 2074 By Representatives DeLUCA, TRELLO, SENATE MESSAGE BARRAR, BROWNE, BUNT, M. COHEN, CORRIGAN, CURRY, LEDERER, RAMOS, STABACK, STEELMAN, ADJOURNMENT RESOLUTION WALKO, WILLIAMS, LAUGHLIN, MANDERINO, FOR CONCURRENCE 4 MARKOSEK, PISTELLA, WATERS, YOUNGBLOOD and SOLOBAY The clerk of the Senate, being introduced, presented the , following extract from the Journal of the Senate, which was read An Act amending Title 75 (Vehicles) of the Pennsylvania as follows: Consolidated Statutes, further providing for local authority to erect traffic-control devices. In the Senate November 15, 1999 Referred to Committee on TRANSPORTATION, November 16, 1999. RESOLVED, (the House of Representatives concurring), That when the Senate adjourns this week, it reconvene on Tuesday, November 30. 1999. unless sooner recalled by the President Pro Tempore No. 2076 By Representatives MAITLAND, MASLAND, Of the senate;' and be it further RESOLVED, That when the Senate adjourns the week of BELFANT1' CORRIGAN' DEMPSEY' November 30,1999, it reconvene on Monday, December 6, 1999, unless FICHTER' FRANKEL'GEIST' McCALL' SEYFERT sooner recalled by the President Pro Tempore of the Senate; and be it and TRELLO filwhpr.-. .. .-. RESOLVED, That when the House of Representatives adjourns this An Act amending the act of March 4, 1971 (P.L.6, NO.^), known as week, it reconvene on Monday, December 6, 1999, unless sooner recalled the Tax Reform Code of 1971, further defining "value" for purposes of by the Speaker of the House of Representatives. realty transfer tax. Ordered, That the clerk present the same to the House of Referred to Committee on FINANCE, November 16, 1999. Representatives for its concurrence.
On the question, HOUSE RESOLUTIONS Will the House concur in the resolution of the Senate? INTRODUCED AND REFERRED Resolution was concurred in. Ordered, That the clerk inform the Senate accordingly. No. 314 By Representatives LEDERER, RYAN, w McGEEHAN, TIGUE, PETRONE, WOJNAROSKl and LUCYK BILLS REMOVED FROM TABLE A Resolution memorializing the Citizens' Stamp Advisory Committee.. of the United States Postal Service to consider and The SPEAKER. The Chair recognizes the gentleman, recommend lo the Ln~tedStates Postal Ssrv~ceBoard of Gobemors the Mr. Perzel. lawe of a commemorart~estamp hononng \etnans of the V~emamWar Mr. PERZEL. Mr. Speaker, I move that the following bills be taken from the table: Referred to Committee on INTERGOVERNMENTAL AFFAIRS, November 16, 1999. HB 47; HB 483; HB 542; No. 316 By Representatives ARMSTRONG and THOMAS HB 590; HE3 866; A Resolution extending the time period for a report by the HB 951; Subcommittee on Information Technology of the Intergovernmental Affairs Committee. HB 1071; HE3 1238; Referred to Committee on RULES, November 16, 1999. HB 1274; HB 1346; HB 1474; HB 152; SENATE MESSAGE HB 598; HB 948; HOUSE RESOLUTION HB 1611; CONCURRED IN BY SENATE HB 1686; HB 1687; and The clerk of the Senate, being introduced, informed that the HB 1585. Senate has concurred in HR 182, PN 1769. On the question, Will the House agree to the motion? Motion was agreed to. 1999 LEGISLATIVE JOURNAkHOUSE 2125
BILLS TABLED ADDITIONS AND DELETIONS OF SPONSORS
The SPEAKER. he Chair recognizes the majority leader. The SPEAKER. The Chair acknowledges receipt of additions Mr. PERZEL. Mr. Speaker, I move that the following bills be and deletions for sponsorships of bills, which the clerk will file. placed back upon the table: (Copy of list is on file with the Joumal clerk.)
LEAVES OF ABSENCE
The SPEAKER. The Chair is about to take up today's leaves of absence. The majority whip is recognized, requesting a leave for the gentleman from Lebanon County, Mr. ZUG, for today's session. Without objection, leave will he granted. The Chair hears no objection. The minorim, whin.. Mr. Veon. reauests a leave of absence for the lady from Philadelpha. Ms. BISHOP, and the gentleman from Ph~ladelpha,.Mr. BUTKO\'ITZ. Wirhout objection. these leaves will be granted. The Chair hears no objections.
HB 1611; HB 1686; MASTER ROLL CALL HB 1687; and I The SPEAKER. The Chair is about to take today's master roll HB 1585. call. Members will proceed to vote. On the question, The following roll call was recorded: Will the House agree to the motion? Motion was agreed to. PRESENT-199
Adolph Fargo MarkOsek Schroder GUESTS INTRODUCED Allen Feese Marsic0 Schuler Argall Fichter Masland Scrimenti The SPEAKER. We have a number of guests today. Armstone- Flpagle Mayemik Semmel As the guest of Representative John Pippy, Katie Thomas, the Baker Flick McCall Serafini Bard Foicier McGeeha" Seyfert winner of the "There Ought To Be a Law" contest for Mr. Pippy's Barley Flankel MeGill Shaner legislative district. Her bill has to do with enhancing the littering Barrar Freeman Mcllhattan Smith, 8. law. She is serving also as a guest page, and she is here today with Bastian Gannon Mcllhinney Smith, S. H. Banisto Geist McNaughton Snyder her parents, Cynthia and Keith, as well as her brother and sister, Bebko-Jones George Melia Solobay and they are all seated in the gallery. Would Katie Thomas' family Belardi Giglioni Metcalfe Staback please stand up to be acknowledged. Belfanti Gladeck Michlovic Stairs Benninghoff Godshall Micouie Steelman The Chair welcomes to the House floor today Birmelin Gordner Miller, R. Steil Dr. Joseph Hedash and his wife, Audrey, and their four boys - it Blaum Giucela Miller, S. Stern GmiUa Stetlet sounds like an Irish lineup - Casey. Craemer, Coli and Connor. Boys Mundy Bmuoe Habay Myers Stevenson They are here today as the guests of the gentleman, Mr. McCall. Bunt Haluska Nailor Smnmaner Would the Hedashes please rise. Buxton Hanna Nickol SNrla Here today as the guest of Representative Bastian, a constituent Caltagirone Harhai O'Brien Surra Cappabianca Harhan Oliver Tangreni from his district, Mr. Clair Saylor, who is president of the Cam Hasay Orie Taylor, E. Z. New Centerville Volunteer Fire Company. He is seated to the left casorio Hennessey Penel Taylor, J. Cawley Herman Pesci Thomas of the Spe&er. Would the gentleman please rise. Chadwick Hershey Petmrca Tigue The Chair is pleased to welcome to the hall of the House today, Civera Hess Perrone Travaglio as the guests of Representative Chris Ross, sixth grade students Clark Horsey Phillips Trello Clymer Hutchinson Piwy Tnch from the Mary D. Lang Elementary School and New Garden Cohen, L. I. ladlowiec Pistella True Elementary School in Chester County. These guests include Cohen, M. lames Plam Tulli Jennifer Reeves, Stephen FI~Andrew Marenco, and Coiafeila Josephs Preston Vance Comell Kaiser Ramos Van Home Taylor Jaros, here today with certain of their family members: Corrigan Keller Raymond vmn Lisa Smith, Ida Reeves, Joseph Finn, Karen Marenco, and costa Kenney Readshaw Vitali Ann Strum. The guests are seated in the gallery. Would the guests COY Kirkland Rcinard walk0 CUT Krebs Rieger Washington please rise. Dailey LaGratta Roberts Waters Daley Laughlin Robinson Williams Dally Lederer Roebuck Wilt DeLuca Leh Rohrer wogat1 Dempsey LescoviU Roaney Wojnaraski 2126 LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 I Oennody Levdansky ROSS Wright House of Representatives to commemorate this victory for you and DeWeese Lucyk Rubley Yewcic DiGirolamo Lynch Ruffing Youngblood for all the people of Fountain Hill. DanaNcci Maher Sainato Yudichak Now I ask the team members seated in the back of the House to hce Maitland Samuelson Zimrnennan rise, and I ask my colleagues to join me in saluting the 1999 State Eachus Major Santoni Egolf Manderino Sather Ryan, baseball champions, the young men and coaches of the Evans Mann Savlor Speaker Fountain Hill Connie Mack baseball team. Congratulations. Fairchild
ADDITIONW REMARKS SUBMITTED FOR THE RECORD The SPEAKER. For what purpose does the gentleman, NOT VOTING4 Mr. Reinard, rise? Mr. REINARD. Thank you, Mr. Speaker. Mr. Speaker, I would just like to submit some comments for a Bishop Butkovia Lawless matter of record. The SPEAKER. The gentleman will send his comments to the LEAVES ADDED-2 desk.
Blaum Taylor, E. Z Mr. REINARD submitted the following remarks for the Legislative Joumal: LEAVES CANCELED-3 Mr. Speaker, it is my privilege to bring to the attention of the Speaker Bukovitz Taylor, E. Z. Zug and the members of the Pennsvlvania House of Re~resentativesthe names of twelve students in the Council Rock School District who recently participated in an essay contest on "Fire Safety in the Home." Mr. Speaker, the contest was sponsored by the Society of Chartered Property and Casualty Undenvriters and was cosponsored by the FOUNTAIN HILL CONNIE MACK school district. Whereas, Fire safety in the home is an important subject for the entire BASEBALL TEAM PRESENTED family to discuss and practice. The knowledge of understanding what to do in case of a fire can help save a life or prevent serious injury from The SPEAKER. The Chair recognizes the gentleman from occurring. Northampton, Mr. Rooney. Mr. Rooney, would you come to the Now therefore, Mr. Speaker and the members of the House of * rostrum. The gentleman will yield for a moment. Representatives, it is my privilege to congratulate and place in the Members, please take your seats. Staff conferences, both R and Legislative Journal the names of the outstanding students: D, please; staff conferences, please, both R and D. Allyson Hauptman, Jamie Mangold, Elizabeth Miller, The Chair recognizes the gentleman, Mr. Rooney. Alexandra Mangold, Lauren Suchenski, Taylor Mangold, Amand Mana, Mr. ROONEY. Thank you, Mr. Speaker. Joshua Wortzel, Dori Bum, Caitlin Marchini, Adam Haupbnan, and Alexis Cohen. Ladies and gentlemen of the House, it is my pleasure to inmduce to you today a group of gifted athletes who hail from my legislative district and my hometown of Fountain Hill. Please join CALENDAR me in welcoming to the hall of the House today the members of the Fountain Hill Connie Mack baseball team-the 1999 Pennsylvania BILLS ON THIRD CONSIDERATION State champions. Mr. Speaker, the players and coaches of this great team never The House proceeded to third consideration of HB 1963, lost faith in their quest for the title and, during their 32-game PN 2640, entitled: season, outscored their competition by 328 to 118. I am joined at the podium today by three young men who spent An Act providing for unannounced inspections of certain facilities and persons that provide child day care; and conferring powers and duties the past four seasons ensuring this great victory. They are the on the Department of Public Welfare. starting pitcher and most valuable player in the State tournament, Steve Tomaszewski; third baseman, Phil Malitsch; and pitcher, On the question, Adam Dries. These three young men have been on the Will the House agree to the bill on third consideration? Connie Mack team since they were 13 years old, and you can be sure their last season with the team was certainly their most The SPEAKER. The Chair recognizes the gentleman, memorable. Mr. Blaum, who offers the following amendment, which the clerk Along with the entire team your hard work and commitment is will now read. The clerk will yield. proof that young people will continue to achieve in all aspects of It is the understanding of the Chair that the gentleman, life. We thank you for your dedication to team sports and for Mr. Blaum, does not intend to offer the amendments that the sewing as role models to other young people in Fountain Hill and Speaker is aware of to HB 1963 and HB 1964. the entire Lehigh Valley. Because of your sportsmanship and hard work, I am pleased to present to you and the entire Connie Mack team citations from the LEGISLATIVE JOURNAGHOUSE
BILL PASSED OVER TEMPORARILY bidding generally and electronic bidding specifically. I agree there are questions, and this is an opporhmity to have those questions The SPEAKER. HB 1963 is over temporarily. answered. What this would do would just be to simply conduct a study of the issue and direct that the Legislative Budget and * * * Finance Committee report to us in 6 months. It is an opportunity to explore the potential to save taxpayers' BILL PASSED OVER TEMPORARILY money, and I urge an affirmative vote. Thank you. The SPEAKER. The Chair thanks the gentleman. The SPEAKER. HB 1964 is over temporarily. The Chair recognizes the gentleman, Mr. Hasay. Mr. HASAY. Thank you, Mr. Speaker. * * * Mr. Speaker, the Vitali amendment is agreed to. The SPEAKER. Does the gentleman, Mr. Vitali, care to make The House proceeded to third consideration of SB 555, any comments? PN 1487, entitled: On the question recurring An Act regulating electronic transactions. 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? YEAS-199 Mr. VITALI offered the following amendment No. A4376: Adolph Fargo Mdoxk Schroder Allen Feex Marsico khuler Amend Table of Contents, page 3, by inserting between lines 2 Fichter Masland Scrimenti and 3 Armstrong Fleagle Mayernik Semmel Section 504. Legislative Budget and Finance Committee sNdy. Baker Flick McCall Serafini Amend Sec. 503, page 20, by inserting between lines 8 and 9 Bard Forcier McGeehan Seyfen Barley Frankel McGill Shaner Section 504. Legislative Budget and Finance Committee study. Bmr Freeman Mcllhattan Smith, B. The Legislative Budget and Finance Committee is directed to study Banian Gannon Mcllhinnev Smith, S. H the feasibility of electronic bidding, including the use of Internet auction Banisto Geist ~c~aughkn Snyder procedures, for bonds issued by the Commonwealth, its agencies, Bebko-Jones George Melio Solobay authorities and commissions. The study, together with any Belardi Giglioni Metcalfe Staback Belfanti Gladeck Michlovic Stairs recommendations, shall be completed within six months of the Benninghoff Godshall Micouie Steelman effective date of this act and shall be fonvarded to the Depamnent of Binnelin Gordner Miller, R. Steil General Services and each member of the General Assembly for review. Blaum Gtucela Miller, S. Stem Bover Gtuitza Mundv Stetler BT&W~ Habay ~yeri Stevensan On the question, Bunt Haluska Nailor Suimaner Will the House agree to the amendment? Buxton Hanna Nickol SNrla Caltaeimne- Harhai O'Brien Sm Cappabianca Harhan Oliver Tanwtti The SPEAKER. On the question of the adoption of the Cam Hasay One Taylor, E. Z. amendment, the Chair recognizes the gentleman from Delaware. Cvorio Hennessey Perzel Taylor, J. Mr. VITALI. Thank you, Mr. Speaker. Cawley Herman Pesci Thomas Chadwick Hershey Petrarca Tigue What this amendment would do would be to direct the Civera Hess Petrone Travaglia Legislative Budget and Finance Committee to study electronic Clark Horsey Phillips Trello bidding for Commonwealth bonds. Clymer Hutchinson P~WY Trich Cohen, L. I. Jadlowiec Pistella True Mr. Speaker, this is a procedure - electronic bond bidding - Cohen, M. James Plans Tulli that has growing popularity throughout the country. The city of Colafeila Josephs Beston Vance Pittsburgh was a pioneer in this and, back in 1997, had a Cornell Kaiser Ramos Van Home Comgan Keller Raymond vmn groundbreakiig electronic bidding for their bond work. This Costa Kenney Readshaw Vitali resulted, according to the city of Pittsburgh, in significant savings COY Kirkland Reinard Walko to the city both in interest rates and commissions. curry Krehs Rieger Washington Dailey LaGrotta Roberts Waters Since that time, we now have 174 different auctions throughout Dalev laughlin Robinson Williams the country- 174 different auctions. Mr. Speaker, eight States now --~~, Lederer Roebuck Wilt DeLuca Leh Rohrer wogan do electronic bidding of bond work. Those States are Utah, Dempsey Lexovia Rwney Wojnaroski Wisconsin, Minnesota, Tennessee, Mississippi, New Jersey, Dennody Levdansky ROSS Wright Maryland, and Washington and many other municipalities, DeWeex Lucyk Rubley Yewcic DiGiralamo Lynch Ruffing Youngblood school districts, authorities throughout. This is a technology that Danatucci Maher Sainato Yudichak is no longer experimental; it is a technology which has proven its Druce Maitland Samuelson Zimmennan ability to save taxpayers' money. Eachus Major Santoni Mr. €golf Manderino Sather Ryan, Speaker, all this amendment would do would be to Evans Mann Saylor Speaker authorize a study. Mr. Speaker, I know in prior debates many Fairchild House members have raised legitimate questions about bond 2128 LEGISLATIVE JOURNALPHOUSE NOVEMBER 16
NAYS4 Section 903. Variation by agreement. The provisions of this chapter may not be varied by agreement of NOT VOTING4 the parties to a consumer contract or transaction. Amend Bill, page 25, by inserting between lines 22 and 23 Section 5101. Applicability. .rl EXCUSEM Except as provided in the act of August 21, 1953 (P.L.1323, No.373), known as The Notary Public Law, or its successor, section 307 Bishop Butkovia Lawless zug shall not a~~lv.. . to the actions of a notarv. Dursuant. to The Notarv Public I Law or its successor with regard to electronic notarization, acknowledgment and verification. The majority having voted in the affmtive, the question was Amend Sec. 5101, page 25, line 23, by striking out "5101" and determined in the affumative and the amendment was agreed to. inserting
LEAVE OF ABSENCE CANCELED On the question, The SPEAKER. The Chair notes the presence on the floor of Will the House agree to the amendment? the House of the gentleman, Mr. Zug, and accordingly requests that he be removed from the leave-of-absence list and placed on The SPEAKER. On the question of the adoption of the the master roll call. Without objectio~this will be done. The Chair amendment, the Chair recognizes the gentleman, Mr. Caltagirone. hears no objection. Mr. CALTAGIRONE. Thank you, Mr. Speaker. The development of the- The SPE-R. The gentleman will yield. CONSIDERATION OF SB 555 CONTINUED / Mr. CALTAGIRONE. Swelv. On the question, The SPEAKER. Mr. ~alk~irone,would you explain the difference in the printer's number of your amendment? The Will the House agree to the bill on third consideration as amendment that we have before is a corrective amendment, I amended? us understand, from that which appeared on the PCs (personal computers) earlier. Mr. CALTAGIRONE offered the following amendment No. Mr. CALTAGIRONE. Yes. There was omission of four A4443: an words in the original amendment when it was UP at the Reference Bureau, and they had to redo the amendment. - Amend Table of Contents, page 3, lines I0 and I I, by shiking out 4 all of said lines and inserting The SPEAKER. The gentleman may proceed. Chaoter 9. Consumer Aereements- Mr. CALTAGIRONE. The development of electronic Section 901. Limitation on consumer agreements commerce is a very important aspect to the economic future of Section 902. Sending and receipt. Pennsylvania, and by authorizing the use of electronic records and Section 903. Variation by agreement. allowing for electronic contracts and transactions, SB 555 will help Chapter 51. Miscellaneous Provisions Pennsylvania meet that challenge. However, in moving into this section SlOl Appl~cability. electronic worlQ we cannot overlook the potential for fraud and Sect~on5 102. Effectwe datc. misrepresentation in electronic transactions, particularly in the Amend Sec. 102, page 3, by inserting between lines 29 and 30 (3) The rights of consumers under existing laws should be consumer transactions. Many consumers may have access to the protected and preserved. Internet but may not have the expertise needed to engage in the Amend Bill, Dace. - 25, by inserting between lines 20 and 21 sophisticated electronic fmmactions. I am concerned about the way CHAPTER9 in which the provisions of SB 555 will interact with existing CONSUMER AGREEMENTS consumer protection laws. Section 901. Limitation on consumer agreements. MYamendment to SB 555 provides that it is the intent of the In the case of a nonelectronic consumer contract or agreement, the legislamre that the rights of ieconsumers under exisbg laws contract or agreement may not contain a provision authorizing the should be protected and preserved. The mendment also adds a conducting of the transaction or any part thereof by electronic means unless the consumer agrees to such a provision by a separate and express new chapter to the Electronic Act specifically providing for acknowledgment. Such an agreement shall specifically indicate the parts consumer agreements. The provides that in of the transaction to be conducted bv elechonic means. and shall indicate consumer the agreement may not the manner in which the elechonic'hansaction or a part thereof shall be include a provision authorizing any part of the transaction to be conducted. An agreement to conduct a consumer transaction or a part conducted elecwnically unless the consumer agrees to do so by a thereof electronically may not be inferred solely from the fact that the separate and express achowledgment. This will prevent the use of consumer has used electronic means to pay an account or register a form contracts under which a consumer could agree to conduct a purchase or warranty. transaction electronically without being aware of what was being Section 902. Sending and receipt. authorized. The amendment provides that if any part of the If a party to a consumer transaction has actual knowledge that an transaction is to be conducted electronically, the contract must electronic record purportedly sent to or purportedly received by the other J paw was not actually sent to or received by the other party, the purported specifically indicate which parts of the hansaction will be sending or receipt of the electronic record shall be of no legal force or conducted electronically and how they will be conducted. effect. LEGISLATIVE JOURNALHOUSE
This amendment also provides that the provisions of the act Egolf Manderino Sather Evans Mann Saylor Ryan, relating to the electronic notarization, acknowledgment, and Fainhild Markosek Schroder Speaker verification by a notary shall not be effective until we amend the Fargo Notary Law. While electronic notarization is something that we have to address, the provisions in the Electronic Commerce Act are not compatible with the cumnt provisions in the Notary Law, and I ask your support for the amendment. NOT VOTING-1 The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman, Mr. Hasay. Mr. HASAY. Thank you, Mr. Speaker. Mr. Speaker, I would like to commend the gentleman, EXCUSED-3 Democratic Chair Caltagirone, for the work he has done on this Bishop Butkovie Lawless consumer protection, consumer-minded amendment. Both Democratic staff and Republican staff examined the amendment, worked on the amendment. It is a good amendment, and I would hope both sides of the aisle agree to the amendment. Thank you, The majority having voted in the affiiative, the question was Mr. Speaker. determined in the affirmative and the amendment was agreed to.
On the question recurring, On the question recurring, Will the House agree to the amendment? Will the House agree to the bill on thud consideration as amended? The following roll call was recorded: Bill as amended was agreed to.
The SPEAKER This bill has been considered on three diierent Adolph Feese Marsico Schuler days and agreed to and is now on final passage. Allen Fichter Masland Scrimenti The question is, shall the bill pass finally? Argall Fleagle Mayernik Semel Agreeable to the provisions of the Constitution, the yeas and Baker Flick McCall Seratini Bard Forcier McGeehan Seyfen nays will now be taken. Barley Frankel McGill Shaner B- Freeman Mcllhattan Smith, B. The following roll call was recorded: Bastian Gannan Mcllhinney Smith. S. H. Banisto Geisr McNaughton Snyder Bebko-Jones George Melio Solobay Belardi Giglioni Metcalfe Staback Belfanti Gladeck Michlovic Stain Adolph Fargo Marsico Schuler Benninghoff Gadshall Micouie , Steelman Allen Feese Masland Scrimenti Birmelin Gardner Miller, R. Steil Argdll Fichter Mayemik Semmel Blaum Gmcela Miller, S. Stem Armsmng Fleagle McCall Serafini MY= Gruiea Mundy Stetler Baker Flick McGeehan Seyfen Broune Habay Myers Stevenson Bard Forcier McGill Shaner Bunt Haluska Nailor Striamatter Barley Frankel Mcllhanan Smith, B. Buxton Hanna Nickol Sturia Bmar Freeman Mcllhinney Smith, S. H. Caltagimne Harhai O'Brien Suira Bastian Gannon McNaughton Snyder Cappabianca Harhan Oliver Tangreni Banisto Geist Melio Solobay Cam Hasay Oiie Taylor, E. Z. Bebko-Jones George Metcalfe Staback Casoria Hennessey Penel Taylor, J. Belardi Gigliotti Michlovic Stairs Cawley Herman Pesci Thomas Belfanti Gladeck Micazzie Steelman Chadwick Hershey Petrarca Tigue Beminghoff Godshall Miller, R. Steil Civera Hess Petrone Travaglio Birmelin Gordner Miller, S. Stem Clark Horsey Phillips Trello Blaum Grucela Mundy Stetler Clymer Hutchinsan P~PPY rich my- Gruitza Myers Stevenson Cohen, L. I. Jadlowiec Pistella True Browne Habay Nailor Suitmatter Cohen, M. James Plans Tulli Bunt Haluska Nickol SNrla Colafella Josephs Preston Vance Buxton Hanna O'Brien sum Comell Kaiser Ramos Van Home Caltagimne Harhai Oliver Tangreni Comgan Keller Raymond Vwn Cappabianca Harhan One Taylor, E. Z. Costa Kenney Readshaw Vitali Cam Hasay Perzel Taylor, J. COY Kirkland Reinard Walko Cawley Hennessey Pexi Thomas Curry Krebs Rieger Washington Chadwick Herman Petrarca Tigue Dailey LaGrom Robens Waters Civera Hershey Petmne Travaglio Daley Laughlin Robinson Williams Clark Hess Phillips Trello Dally Lederer Roebuck Wilt Clymer Horsey PipPy Trich DeLuca Leh Rohrer Wogan Cohen, L. I. Hutchinson Pistella True Dempsey Lescovitz Rmney Wojnaroski Cohen, M. Jadlawiec Plans Tulli Demody Levdansky Ross Wright Coiafella James Preston Vance DeWeese Lucyk Rubley Yewcic Comell Josephs Ramos Van Home DiGirolamo Lynch Ruffling Youngbid comgan Kaiser Raymond Vwn Donamcci Maher Sainato Yudiehak Costa Keller Readshaw Vitali Druce Maitland Samuelson Zirnmeman COY Kenney Reinard Walko Eachus Major Santoni Zug CUT Kirkland Rieger Washington LEGISLATIVE JOURNAGHOUSE NOVEMBER 16
Dailey Krebs Roberts Waters to go that will make it much easier for individuals and businesses to do Daley Laughlin Robinson Williams business with the State. However, without this legislation, they cannot be Dally Lederer Roebuck Wilt DeLuca Leh Rohrer Wogan implemented. For example, the Department of Labor has a new electronic Dempsey Leseovia Rwney Wojnar~ki version of the State's primary business filing form, the PA-100, which Dermody Levdansky Ross Wright will cut processing time from 6 to 8 weeks to less than 5 days. The 'CII DeWeese Lucyk Rubley ~ewcic department canno; implement this money-saving project without this DiGirolamo Lynch Ruffing Youngblood legislation. Donatucci Maher Sainata Yudichak Druce Maitland Samuelson Zimmerman Electronic signatures are not required. Chapter 3, section 301, makes Eachus Maior Sanroni Zue- it clear that the use of electronic signatures is not required for any type of Egolf Mandenno Sather transaction. Evans Mann Saylor Ryan, This act is voluntary. The act requires mutual agreement by all parties Fairchild Markosek Schroder Speaker for an electronic signature to be valid. This act contains no provisions that validate so-called "shrink-wrap" or "click-wrap" provisions, which are NAYS1 intended to validate a contract by a click of the mouse. The act leaves it to the courts to determine whether clicking a mouse on an "I agree" button constitutes mutual agreement. Parties may choose when to use electronic signatures. A party may NOT VOTING-1 choose to use an electronic signature to validate a particular type of agreement but refuse to use electronic means for another. Nothing binds someone to continue to use electronic signatures once they have started to use them. If a parry determines that they do not feel comfonable using electronic means for real estate transactions, for examvle, they. may . insist on a paper method of validation. Bishop ButkaviQ Lawless Parties may choose what type of electronic signature to use. A party may determine that electronic signature "Type X is appropriate for a certain type of low-security transaction but not for high-security The majority required by the Constitution having voted in the transactions. This act allows the party to pick and choose when and if a affmtive, the question was determined in the hetiveand the particular type of electronic signamre is appropriate. bill passed finally. Ordered, That the clerk return the same to the Senate with the GUEST INTRODUCED information that the House has passed the same with amendment in which the concurrence of the Senate is requested. The SPEAKER. The Char is pleased to welcome to the hall of the House today Miss Emily Gross. She is a student at Cumberland * REMARKS SUBMITTED FOR THE RECORD Valley High School and is seated in the gallely, the guest of Representative Patricia Vance. Would the guest please rise. The SPEAKER. The gentleman, Mr. Tulli, desires recognition. On what subject? BILL ON THIRD CONSIDERATION Mr. TULLI. I would like to insert some comments for the record on SB 555. The House proceeded to thud consideration of HB 2020, The SPEAKER. The gentleman will send the comments to the PN 2581, entitled: desk. An Act amending Title 3 (Agriculture) of the Pennsylvania Mr. TULLI submitted the following remarks for the Legislative Consolidated Statutes, providing for aquacultural development applicability. Journal:
The act is uniform. This act follows the Uniform Electronic On the question, the House agreeto the On third consideration? Transactions Act.. a oiece. of model leeislation- develooed and aooroved. . bv the National Conference of Commissioners on Uniform State Laws (NCCUSL), a national body of legal experts from all 50 States. Mr. ZUG offered the following amendment No. A4404: Amendments that cause Pennsylvania to deviate significantly from the model legislation would force companies and individuals to maintain ~ Amend Title, page 1, line 3, by removing the period after separate &stems for conducting e-commerce in the Commonwealth. This "applicability" and inserting would create a comoetitive disadvantaee- for our citizens and work and for a program to gain sea grant status and contrary to the whole purpose of enacting a uniform law among the funding. 50 States. Amend Sec. 2, page 1, line 16, by striking out "a section" and The act is required for business-to-business e-commerce. At present, inserting most electronic commerce transactions involve small, retail transactions. sections If a contract is lost because the legal validity of an electronic signature Amend Sec. 2, page 2, by inserting between lines 2 and 3 is disputed, the lost contract is just written off. However, for large, 6 4224. Sea mant Droeram. business-to-business electronic transactions, companies cannot afford to The de~amnentshall coordinate develo~ment of a uromam " risk the invalidation of their agreements solely because they were for the Commonwealth to gain sea mant status and fundine from the executed electronically. They need assurances that an electronic signature United States De~amnentof Commerce. The administrative office for this is indeed a signature. This bill provides those assurances. promam shall be housed within the department and shall include This act is required for electronic govemment initiatives. The pdmershi~swith Delaware Vallev Colleee. Mansfield State University, Ridge administration has numerous electronic govemment projects ready The Pennsvlvania State University and the Universitv of Pennsylvania. LEGISLATIVE JOURNAGHOUSE
Amend Sec. 2, page 2, line 3, by striking out "2" and inserting Egolf Manderino Saylor Ryan, 3 Evans Mann khroder Speaker Fairchild Ma~kosek On the question, Will the House agree to the amendment? NOT VOTING4 The SPEAKER. On the question of the adoption of the amendment, the Chair recognizes the gentleman from Lebanon, Mr. zug. Mr. ZUG. Thank you, Mr. Speaker. Bishop Butkoviu Lawless What this bill does is help the aquaculture community. Today in Pennsylvania, aquaculture is becoming more and more of a farming issue and a food provider for our country, and what this The majority having voted in the affumative, the question was does is allow the Department of Agriculture to apply to the Federal determined in the afftrmatie and the amendment was agreed to. government for grants. I would appreciate your support. 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, Will the House agree to the amendment? The SPEAKER. Mr. Zug, I have you marked down for tw+ That is withdrawn. Thank you. The following roll call was recorded: On the question recurring, Will the House agee- to the bill on thud consideration as amended? Adolph Fargo Mmico Schuler Allen Feese Masland Scrimenti Bill as amended was agreed to, Argall Fichter Mayemik Semmel Armstmng Fleagle McCall Serafini Baker Flick McGeehan Seyfen The SPEAKER. This bill has been considered on three different Bard Foxier McGill Shaner days and agreed to and is now on final passage. Barley FTankel Mcllhattan Smith, B. The question is, shall the bill pass finally? Bm Freeman Mcllhinney Smith, S. H. Bastian Cannon McNaughton Snyder Banisto Gein Melio Solobay Mr. Casorio, for what purpose do you rise? Bebko-Jones Gwrge Metcalfe Staback Mr. CASORIO. I would like to ask the maker of the bill a Belardi Gigliotti Michlovic Stairs Belfanti Gladeck Micozie Steelman question, Mr. Speaker, please. Benninghoff Godshall Miller, R. Steil The SPEAKER. The gentleman, Mr. Bunt, will you stand for Birmelin Gordner Miller, S. Stern interrogation? The gentleman indicates he will. Mr. Casorio, you Blaum Gmcela Mundy Stetler Boyes Gmim Myers Stevenson may begin. Browne Haby Nailar Strimnaner Mr. CASORIO. Thank you, Mr. Speaker. Bunt Haluska Nickol Sturla Just a point of clarification. HB 2020 under the Chapter 42 Buxton Hanna O'Brien sum Caltagimne Harhai Oliver Tangreni regulation, does not apply to a pet store making a purely retail sale Cappabianca Harhan Orie Taylor. E. Z. or offer for sale of species of fish legally approved for sale in the Cam Hasay Perzel Taylor, I. Commonwealth. Why the distinction, Mr. Speaker, of not having Casorio Hennessey Pesci Thomas Cawley Herman Petrarca Tigue this regulation apply to a pet store? Chadwick Hershey Penone Travaglio Mr. BUNT. Thank you, Mr. Speaker. Civera Hess Phillips Trello As interpreted by the Department of Agriculture, pet stores Clark Horsey pimy Trieh Clymer Hutchinson Pistella Tme have been inadvertently included under the act, and they are Cohen, L. I. Jadlawiec Plans Tlrlli. currently under that interpretation required to both register and Cohen, M. James Preston Vance keep records as to each type of fish sold, the species, the weight, Colafella Josephs Ramos Van Home Cornell Kaiser Raymond veon andlor number of fish and the source of fish. This reporting and Cotrigan Keller Readshaw Vitali recordkeeping requirement for pet stores was not intended under Costa Kenney Reinard Walko the act and does not serve to advance any safety-related aspect of COY Kirkland Rieger Washington caw KTebs Robem Waters the Aquaculture Development Act. Basically, a child going to buy Dailey LaGrotta Robinson Williams a goldfish or tropical fish in a department store, we inadvertently Daley Laughlin Roebuck Wilt included them keeping records of how many angelfish, how many Dally Lederer Rohrer Wogan DeLuca Leh Rooney Wojnaroski goldfish, how many guppies, and it really is cumbersome on the Dempsey Lescovitz Ross Wright pan of the pet store with those types of fish. Dermody Levdansky Rubley Yewcic Mr. CASORIO. Mr. Speaker, does this amendment or this bill DeWeese Lucyk Rufting Youngblood DiGirolamo Lpch Sainato Yudichak apply to just solely fish in this interpretation or does it affect an Donatucci Maher Samuelson Zimmeman individual, maybe purchasing a puppy. does this affect their ability Dmce Maitland Santoni zug Eachus Major Sather to go back to that pet store if the dog or cat, say, is sick? 2132 LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 Mr. BUNT.No. Mr. Sneaker. This onlv relates to fish. 1 YEAS200 Mr. CASORIO: 0kay:~hank you, Mr:speaker. Adolph Fargo Manico khuler That concludes my interrogation, Mr. Speaker. Thank you. Allen Feese Masland Scrimenti The SPEAKER. The Chaiu thanks the gentleman. Argall Fichter Mayemik Semmel On the question of final passage, Mr. Cappabianca. Amstrong Fleagle McCall Serafin! W Baker Flick McGeehan Seyfen Mr. CAPPABIANCA. Thank you, Mr. Speaker. Bard Forcier McGill Shaner I rise in support of HB 2020, and I ask the House to concur Barley Frankel Mcllhanan Smith, B. also. BanaI Freeman Mcllhinney Smith, S. H. Bastian Gannon McNaughton Snyder The purpose of HB 2020 amends Title 3, Agriculture, to Baitisto Geia Melio Solobay exclude pet stores from the reporting and registration requirement Bebko-Jones George Metcalfe Staback of the recently approved Aquaculture Development Act. The Belardi Giglioni Michlovic Stam Belfanti Gladeck Micoaie Steelman Aquaculture Development Act was approved in part to create Beminghoff Godshall Miller, R. Steil compliance parameters for both dealers and propagators of aquatic Birmelin Gordner Miller, S. Stern animals in the Commonwealth. Part of the act's compliance BIaum Grucela Mundy Stetler Boyes Gmim Myers Stevenson provision obligates registration and recordkeeping duties for both Bmwne Habay Nailor Strimnatter the propagators, which are individuals that rear species of fish by Bunt Haluska Nickol SNrIa natural or artificial means, and the dealers, who transact Buxton Hanm O'Brien Surra Caltagimne Harhai Oliver Tangretti propagated species. Cappabianca Harhan Orie Taylor, E. Z And as it has been pointed out by the leader, the majority leader Cam Hasay Pael Taylor, J. of Agriculture, as interpreted by the Depamnent of Agriculture, Casario Hennersey Pesci Thomas Cawley Herman Pemrca Tigue pet stores have been inadvertently included under this act and Chadwick Hershey Peuone Travaglio would be required to both register with the department and keep Civera Hess Phillips Trello Clark Horsey Pippy Trich records as to each type of fish sold, the species, the weight andlor Clymer Hutchinson Pistella Tme number of fish, and the source of the fish. Cohen, L. I. Jadlowiec Plans Tulli The SPEAKER. Will the gentleman yield for a moment. Cohen, M. James Reston Vance Colafella Josephs Ramos Van Home Mr. CAPPABIANCA. Yes, sir. Comell Kaiser Raymond Veon The SPEAKER. Please, conferences on the floor, move to the c0"iean Keller Readshaw Vitali outside chambers. costa Kenney Reinard Walko Cappabianca. QY Klrkland Rieger Washinpon Mr. CW Krebs Roberts Waters Mr. CAPPABIANCA. Thank you. It was vely kind of you, Dailey LaGmna Robinson Williams J Mr. Speaker. Dab Laughlin Roebuck Wilt Dally Lederer Rohrer Wow As it already has been stated, this reporting and recordkeeping DeLuca Leh Rwney Wojnarorki requirement for pet stores was not intended under the act and Dempsey LescovitZ ROSS Wright does not serve to advance any safety-related aspect of the Dermody Levdansky Rubley Yewcic DeWeese Lucyk Rufing Youngblood Aquaculture Development Act. DiGirolamo Lynch SainatD Yudichak Therefore, Mr. Speaker, HB 2020 would simply remove Dona~cci Maher Samuelson Zimmerman pet stores from the compliance obligations of the act. The Fish and Druce Maitland Santoni zug Gshus Major Slther Boat Commission, I mght add, already determines the types of Egolf Manderino Saylor Ryan. aquatic animals that can be sold, and this bill does nothing, does Evans Mann SFhroder Speaker nothing, to change their authority. Fairchild Markosek This legislation, I might add, if you want to know - and this should not he the reason why you should vote for it; you should vote for it because it is a good bill - is supported by the Pennsylvania Department of Agriculture, the Pennsylvania Fish and Boat Commission, as well as the Pet Industq Joint Advisory Council. NOT VOTING0 Therefore, Mr. Speaker, I would ask the House to approve HB 2020 on final passage. The SPEAKER. The Chair thanks the gentleman.
On the question recurring, Bishop Butkovie Lawless Shall the bill pass fmally? The SPEAKER. Agreeable to the provisions of the The majority required by the Constitution having voted in the Constitution, the yeas and nays will now be taken. affmtive, the question was determined in the atEmative and the bill passed fmally. The following roll call was recorded: Ordered, That the clerk present the same to the Senate for w concurrence. 1999 LEGISLATIVE JOURNAlGHOUSE 2133
GUESTS INTRODUCED Mr. HENNESSEY. Thank you, Mr. Speaker. The SPEAKER. Mr. HeMessey is recognized on the The SPEAKER. The Chaiu is pleased to welcome to the hall of amendment. the House today a number of guests of the gentlernq Mr. Phillips, Mr. HENNESSEY. Thank you, Mr. Speaker. including Daniel McKinley, Diane McKinley, Lynn Richardson, May I interrogate the maker of the amendment? Robin Richardson, Jed Richardson, Dana Richardson, The SPEAKER. The gentleman, Mr. George, indicates he will Lance Richardson, who are seated to the left of the Speaker, and stand for interrogation. The gentleman, Mr. HeMessey, may I know there are some in the balcony or in the back of the House. proceed. Would the guests please rise. Mr. HENNESSEY. Thank you, Mr. Speaker. Mr. Speaker, under the Municipalities Planning Code, when a BILL ON THIRD CONSIDERATION landowner files a challenge - I thii it is section 609 - the municipality has to respond by setting up hearings within 60 days. The House proceeded to third consideration of HB 1604, Your amaIdment would require a different timeframe for a PN 2648, entitled: municipality to respond by making its own declaration of possible invalidity and proceeding as Representative Mcllhinney has An Act amending the act of July 31, 1968 (P.L.805, No.247), known suggested. What I am suggesting is, perhaps it would make more as the Pennsylvania Municipalities Planning Code, further providing for sense to be consistent and have a 60-day theclock for a landowner curative amendments. municipality to make its decision either to convene hearings or to make its own declaration. Could you explain why it would be that On the question, you would like to set different calendars for these two actions? Will the House agree to the bill on third consideration? Mr. GEORGE. MI. Speaker, the reason we are changing the time is that we feel it is imperative that these homeowners not have The SPEAKER. The Chair the lady, Ms. Mund~, to wait the full 60 days. Now, it is imponant also that the who withdraws her amendment. amendment also would ensure that these landowners have at least 15 days' notice of the governing body's intent, which would better On the question recurring, enable them to prepare for the hearing. Now, we do not think we Will the House agree to the bill on third consideration? are hurting anythmg. We think we are helping those homeowners and landowners that you and I want to help, and that is the reason Mr. GEORGE offered the following amendment No. A4392: ,, changing that from 60 to 45 days, Speaker, Mr. HENNESSEY. Okay. Thank you, Mr. Speaker. Amend Sec. 1 (Sec. 609.1). page 3, line 8, by striking out ''60"and inserting That concludes my interrogation. -45 The SPEAKER. The gentleman is recognized. Mr. HENNESSEY. I have no Mer comment on the On the question, amendment, Your Honor - Mr. Speaker. Will the House agree to the amendment? The SPEAKER. "Your Honor" is fine.
The SPEAKER. On the question of the adoption of the Onthe questionrecurring, George amendment, the Chair recognizes the gentleman. Will the House agree to the amendment? Mr. GEORGE. Mr. Speaker, I believe this is an agreed-to amendment. The following roll call was recorded: Amendment 2648 and the reason for it is, it would require the governing body of a municipality to declare its intent of YEAS163 acceptin* Allen Flick McGeehan Semmel The SPEAKER. The gentlemq Mr. George, what amendment Argall Forcier McGill Serafini number did you just cite? We have on the board amendment 4392. -'""g Frankel Mcllhattan Seyfert Bard George McNaughton Shaner Mr. GEORGE. I err on my copy, but you are right. Barley Giglioni Melio Smith, B. The SPEAKER. So you are addressing your remarks to 4392. Banisto Gladeck Metcalfe Smith, S. H. Is that correct? Bebko-Jones Godshall Michlovic Soiobay Belardi Grucela Miller, R. Staback Mr. GEORGE. That is right. Belfanti Gruitza Miller, S. Stairs The SPEAKER. The gentleman may proceed, I am sorry to Birmelin Habay Mundy Stetler have interrupted you. Blaum Haluska Myers Stevensan Boyes Ham Nailor Strinmaner Mr. GEORGE. And it really says that in regard to an B,,,, Harhai O'Brien Sturla amendment or a zoning ordinance or a map, any provision thereof, Bunt Harhart Oliver Surra within 45 days rather than 60 days. I think this is important to help Hasay Orie Tangreni Hennessey Peml Taylor, E. Z. these small municipalities. It is agreed to, and I would ask that we cappabianca H~~~~ Peai Taylor, J. would adopt it. Cam Hershey Petrarca Thomas The SPEAKER. On the question of the adoption of the George Tigue Eze," HomeyHutchinson PeuonePhillips Trawglio amendment, does the gentleman, Mr. Helniessey, desire chadwick Jadlowiec P~PPY TWIIO recognition? Civera James Pinella Tnch Cahen. L. I. Josephs Plans True LEGISLATIVE JOURNAGHOUSE NOVEMBER 16
Cohen, M Kaiser Preston Tulli (3) Allowine dishicts the abilitv to assess the imoact of Colafella Keller Ramos Van Home new develooment and imoose fees that will allow that district to Cornell Kirkland Readshaw Veon make the resuisite adiustrnents to address the increase in student Corrigan Krebs Rieger Waiko Costa LaGrona Robinson Washington population will inevitablv allow them to adeauatelv plan. COY Laughlin Roebuck Waters Jb) The ournose of this article therefore is to orovide a means to curry Lederer Rwney Williams enable a school dishict to adiust its resources to the influx of student Dailey Leh Ross Wilt population caused hv a new develooment and to imwse a fee to allow that Daley LescoviQ Rubley Wogan district to cover the incremental costs associated with increased Dally Levdansky Ruffing Wojnmski DeLuca Lucyk Sainato Yewcic enrollment. Demvsw Maher Samuelson Yaungblmd Section 502-B. Definitions.-The following words and phrases ~eniodi Manderino Santoni ~udichak when used in this article shall have the meanings eiven to them in this DeWeex Mann Sather Zimmerman secnon unlers the context clearlv lndlcatea otherwse Markosek Saylor Donatucci zug .'Affordable housing." houc~ne,for low and moderate Income Eachus Marsico khroder Evans Mayemik Schuler Ryan, families &d individuals whose rents or mortgage oavments are subsidized Fairchild McCall Scrimenti Speaker or are cawed. Fleagle 'Educat~onal impact fee," a charee or fee ~moosed bv a school d~smcraealnst new res~dent~alde\elooment in order to enable that school d~smctto develop such oromams and fac~llttesas mav be necessaw to accommodate tncreased student enrollment. Adolph Fargo Lynch Robem '.Educat~unalimoact assessmen!." a reoon reaurred of all aooltcants Baker Feex Maitland Rohrer for subdlv~slon~lan aooro\,als and bu~ldlneocrmlts whlch shall Include Barrar Fichter Major Snyder an assessment of the imoact said olan a~orovalor buildine oermit would BasIian Freeman Masland Steelman have on the school district in which the subdivision or building is located. Benninghoff Gmon Mcllhinney Steil Clmk Geist Micouie Stem "Pupil cost." the total exoendimre per averaee dailv membership Clymer Gordner Nickol Vance determined oursuant to Article XXV of the act of March 10. 1949 DiGirolamo Hess Raymond Vitali (P.L.30. No.14). known as the Public School Code of 1949. for the Druce Kenney Reinard Wright district in which the subdivision aooroval is beine soueht or the building Egolf construction will occur. "School hoard." the board of directors for the school district in NOT VOTING4 wh~chsubdlv~s~on 1s orooosed or a bu~ld~ngoermlt IS be~nesoueht.
-Secnon 503-B Fducatlonal lmoaa Fee Establ~shed On the question recurring, Shall the bill pass finally? Bishop ButkoviQ Lawless The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The majority required by the Constitution having voted in the The following roll call was recorded: affirmative, the question was determined in the affitive and the w bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence. 1999 LEGISLATIVE JOURNAGHOUSE 2137 GUESTS INTRODUCED REMARKS SUBMITTED FOR THE RECORD The SPEAKER. The Chair is pleased to welcome to the hall of The SPEAKER. On that question, does the lady, Mrs. True, the House today, as the guests of Representative Walko, students desire recognition? from the Incarnation Academy in Pittsburgh. Would these students Mrs. TRUE. Yes. Thank you, Mr. Speaker. please rise. I just would like to thank members of the House and Senate for their continued interest in this issue, and I have remarks to submit for the record. FORMER MEMBER WELCOMED The SPEAKER. The lady will please send them to the desk. The SPEAKER. The Chair is pleased to welcome to the hall of Mrs. TRUE submitted the following remarks for the Legislative the House today a former member of the House, the gentleman Journal: from Allegheny, as I recall, who left the House in 19- Mr. Kaufman, 19737 1972, long before some of you were bom- Mr. Speaker, I want to take this oppoftunity to share some chilling facts that underscore what we will have accomplished by adopting except me; I was a grandfather then. Mr. Kaufman, please be HB518. acknowledged by the House. In 1997, the year Maxwell Fisher's death was counted, 49 children died from abuse (I6 more children than in 1996). The great majority of children who die from abuse actually die at the BILL OK THIRD CONSIDERATION hands of someone who lives with them. It is a sickening and almost unbelievable fact that biological parents are the most frequent perpetrators The House proceeded to third consideration of HB 1128, of child deaths. They consistently kill more children than any other perpetrator ofchild abuse in Pennsylvania. In 1997,38 of the killers were PN entitled: 2548, either mothers or fathers. As we know from Maxwell's death, there are paramours who also kill. In 1997, they were the third most frequent An Act amending the act of April 9, 1929 (P.L.177, No.175), known perpetrator of child death; five managed to abuse children so severely that as The Administrative Code of 1929, providing for the denial of State permits. variances, licenses or other approvals if the applicant is they died from their injuries. delinquent on taxes or is in violation of certain codes. Unfortunately, there was no improvement in the following year. In 1998,52 children died from abuse. Fifty-two mothers and fathers and four On the question, paramours participated in those child abuse murders. We cannot look at these numbers as mere statistics. We must Will the House agree to the bill on third consideration? remember that these statistics represent innocent children. We must remember each child as a precious individual whose promise was extinguished by the brutal act of someone he trusted. We must do BILL RECOMMITTED evewthine in our Dower to im~roveour child protective services system so that each child can grow up Lthout the risk bf becoming a statisic that The SPEAKER. The Chair recognizes the majority leader. represents the shameful measurement of their parents' brutality and the Mr. PERZEL. Mr. Speaker, I move that HB 1 128 on page 3 of system's failure. HB 518 is a necessary step toward improving our child protective today's calendar be recommitted to the Committee on services system. This bill makes sure that high-risk children who live in Appropriations. the homes where the abuse occurred will get weekly face-to-face visits. In light of the child abuse death statistics, such a requirement is a On the question, much-needed prevention tool to address the truly disgusting phenomenon Will the House agree to the motion? of severe child abuse ending in murder which occurs with chilling Motion was agreed to. regularity in children's own homes. If we are going to maintain a system that permits children to stay with their abusers, the least we can do is make sure these children are seen by a caseworker on a regular basis. As this chamber has amply demonstrated by its prior unanimous vote on this BILL ON CONCURRENCE bill, I know we all agree that these children deserve the added protections IN SENATE AMENDMENTS required by HB 518. I thank Representative Schuler, Representative Pistella, The House proceeded to consideration of concurrence in Senator Jubelirer, Senator Murphy, the members who sewed on the Senate amendments to HB 518, PN 2626, entitled: HR 127 select subcommittee, and the many people who participated in the subcornminee's hearing process. Without their ongoing efforts and active An Act amending Title 23 (Domestic Relations) of the Pennsylvania support at both the committee level and throughout the legislative Consolidated Statutes, providing for face-to-face contact for high risk process, this bill would not be headed to the Governor's desk to be signed abused children. into law. On the question, On the question recurring, Will the House concur in Senate amendments? Will the House concur in Senate amendments? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: 2138 LEGISLATIVE JOURNAbHOUSE NOVEMBER 16 YEAS200 I REPUBLICAN CAUCUS Adolph Fargo Marsico Schuler The SPEAKER. The Chaiu at this time recognizes the Allen Feese Masland Scrimenti Fichter Mayernik Semmel gentleman, Mr. Fargo. Armstrong Fleagle McCall Serafini Mr. FARGO. Thank you, Mr. Speaker. J Baker Flick McGeehan Seyfert It is my understanding that we are going to break for lunch. The Bard Forcier McGill Shaner Barley Frankel Mcllhmn Smith, B. Republican Caucus will meet at 12:45, and we will plan on being Banar Freeman Mcllhinney Smith, S. H back for voting, continual voting, at 1 o'clock. So we will meet in Bastian Cannon McNaughton Snyder the Republican caucus room at 12:45. Thank you, Mr. Speaker. Banisto Geist Melio Solobay Bebko-Jones George Metcalfe Staback The SPEAKER. The Chair thanks the gentleman. Belardi Giglioni Michlovic Stairs Belfanti Gladeck Micovie Steelman Benninghoff Gcdshall Miller, R. Steil DEMOCRATIC CAUCUS Bimelin Gordner Miller. S. Stem Blaum Gmcela Mundy Stetler The SPEAKER. Mr. Cohen. Boyes Gruitza Myers Stevenson Browne Habay Nailor Strimnaner Mr. COHEN. Mr. Speaker, there will be a meeting of the House Bunt Haluska Nickol SNrla Democratic Caucus and the Democratic Policy Committee Buxton Hanna O'Brien sum Caltagirone Harhai Oliver Tangreni immediately upon the call of the recess. Cappabianca Harhart Orie Taylor, E. Z. The SPEAKER. The Chair thanks the gentleman. Cam Hasay Peml Taylor, J. Casnio Hennessey Pesci Thomas Cawley Herman Pemrca Tigue VOTE CORRECTIONS Chadwick Hershey Penone Travaglio Civera Hess Phillips Trello The SPEAKER. Any corrections to the record? Mr. Tigue. Clark Horsey pippy Trich Clymer Hutchinson Pistella True Mr. TIGUE. Thank you, Mr. Speaker. Cohen, L. I. Jadlowiec PlaN Tulli Mr. Speaker, I voted incorrectly on amendment 4411 to Cohen, M. James Preston Vance Colafella Josephs Ramos Van Home HB 1604. I was recorded in the aflirmative. I should have voted in Comell Kaiser Raymond Veon the negative. Thank you, Mr. Speaker. Cnmgan Keller Readshaw Vitali The SPEAKER. The remarks of the gentleman will be spread costa Kenney Reinard Walko upon the record. COY Kirkland Rieger Washington curry Krebs Robem Waters The gentleman, Mr. Herman. Dailey LaGrorta Robinson Williams Mr. HERMAN. Thank you, Mr. Speaker. J Daley Laughlin Rwbuck Wilt Dally Lederer Rohrer worn Likewise, my voting switch did not operate properly, and I was DeLuca Leh Rooney Wojnmki not recorded on amendment 441 1 to HB 1604. I wish to be Dempsey Lerovitz Ross Wright recorded in the negative. Thank you. Denncdy Levdansky Rubley Yewcic DeWeex Lucyk Rufting Youngblood The SPEAKER. The remarks of the gentleman will be spread DiGimlamo Lynch Sainato Yudichak upon the record. Donatucci Maher Samuelson Zimmerman Any further corrections? Mr. Leh. hce Maitland Santoni zug Eachus Major Sather Mr. LEH. Mr. Speaker, I rise to correct the record. Egolf Manderino Saylor Ryan, On HB 1604, final passage, I was recorded in the affirmative. Evans Mann Schrcder Speaker I wish to be recorded in the negative. Thank you, Mr. Speaker. Mark0rek Fai~hild The SPEAKER. The remarks of the gentleman will be spread uuon the record. Mr. Harhai. I Mr. HARHAI. Mi Sarinon II,IO at 1257 urn. I had voted I in the affitiveon & 1152.'1t was not recorded I would like to have it recorded as such. NOT VOTING0 The SPEAKER. Your remarks will be placed upon the record. Mr. HARHAI. Thank you, sir. The SPEAKER. Mr. Belardi. Mr. BELARDI. Thank you, Mr. Speaker. Bishop Butkovia Lawless On HI3 1604 I voted in the mative. I wish to be recorded in the negative, Mr. Speaker. The SPEAKER. The gentleman's remarks will be placed upon The majority required by the Constitution having voted in the the record. affumative, the question was determined in the affirmative and the The Chair recognizes the gentleman, Mr. Bastian. amendments were concurred in. Mr. BASTIAN. Thank yon, Mr. Speaker. Ordered, That the clerk inform the Senate accordingly. Mr. Speaker, I want to correct the record on HE3 1604. I want J to be a negative instead of a positive. The SPEAKER. The remarks of the gentleman will be spread upon the record. 1999 LEGISLATIVE JOURNAGHOUSE 2139 The Chair recognizes the lady, Miss Mann. RECESS EXTENDED Miss MAW. Thank you, Mr. Speaker. Correction of the record, please. The time of recess was extended until 1:15 p.m. On amendment 4411 for HB 1604, I was recorded in the affmative. I would like the record to reflect a negative vote. AFTER RECESS The SPEAKER. The remarks of the lady will be spread upon the record. The time of recess having expired, the House was called to The gentleman, Mr. Yudichak. order. Mr. YUDICHAK. Thank vou, Mr. Speaker. I, too, would like to correct the record. THE SPEAKER PRO TEMPORE On HB 1604, amendment 441 1, I would like my vote to be (J. SCOT CHADWICK) PRESIDING recorded in the negative.- The SPEAKER. The remarks of the gentleman will be spread upon the record. LEAVE OF ABSENCE Mr. Lucyk. The SPEAKER pro tempore. The Chair recognizes the Mr. LUCYK. Thank you, Mr. Speaker. I would like to correct the record. gentleman, Mr. Snyder, who requests a leave of absence for the lady from Chester County, Representative TAYLOR. Yesterday, the 15th of November, we voted on HB 1670, and Without objection, the leave will be gauted. The Chain hears no I voted "yes." I would like to be changed to a "no" vote, please. The SPEAKER. The remarks of the gentleman will be spread objection. The leave is granted. upon the record. I BILLS REMOVED FROM TABLE ENVIRONMENTAL RESOURCES AND The SPEAKER pro tempore. The Chair recognizes the ENERGY COMMITTEE MEETING maioritv leader. -Mr. PERZEL. Mr. Speaker, I move that the following bills be The SPEAKER. The gentleman, Mr. Hershey. removed from the table and placed on the active calendar: Mr. HERSHEY. Thank you, Mr. Speaker. I want to announce that at the break this afternoon, when we are I HB 114; fished, the House Environmental Resources Committee will meet 7- m m-0~/Lo; in room 205 in the Matthew J. Ryan Office Building, at the break HB 777; of the day's session. Thank you. HB 916; HB 1258; The SPEAKER. Are there any further announcements? HB 1356; Corrections to the record? Does the majority or minority leader HB 1370; have any further business? HB 1424; There will be no further votes. HB 1757; HB 1986; BILL SIGNED BY SPEAKER HB 2053; SB 706; and Bill numbered and entitled as follows having been prepared for SB 1011. presentation to the Governor, and the same being correct, the title was publicly read as follows: On the question, Will the House agree to the motion? Motion was agreed to. An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, providing for face-to-face contact for high risk BILLS ON SECOND CONSIDERATION abused children. The following bills, having been called up, were considered Whereupon, the Speaker, in the presence of the House, signed for the second time and agreed to, and ordered transcribed for the same. third consideration: RECESS HB 114, PN 2396; HB 728, PN 2547; HB 777, PN 1795; HB 916, PN 1016; HB 1258, PN 1435; HB 1356, PN 1575; The SPEAKER. Does the majority or minority leader have any HB 1370, PN 1603; HB 1424, PN 1678; HB 1757, PN 2162; further business? HB 1986, PN 2495; HB 2053, PN 2623; SB 706, PN 1449; and Hearing none, the Chair declares this House in recess until SB 1011, PN 1267. 1 p.m., unless extended by the Chair. 2140 LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 BILLS RECOMMITTED HB 1405, PN 1648 By Rep. REINARD The SPEAKER pro tempore. The Chair recognizes the An Act repealing the act ofJune 18, 1895 (P.L.209, No.126), entitled majority leader. "An act regulating the printing and publication of notices and advertisements authorized by the county commissioners of the counties J Mr. PERZEL. Mr. I move that the be of this Commonwealth containing a population of five hundred thousand recommitted to the Committee on Appropriations: and not exceeding one million, as shown by the last United States census, providing how newspapers shall be designated in which such publications HB 114; shall be made, and repealing an act, entitled 'An act authorizing the county commissioners of Allegheny county to select four morning HB 728; newspapers for official county advertising,' approved the second day of HB 777; April, Anno Domini one thousand eight hundred and seventy-three, and HB 916; also repealing the tenth section of an act, entitled 'A supplement to an act HB 1258; approved the first day of May, Anno Domini one thousand eight hundred and sixty-one, entitled "An act relating to Allegheny county," ' approved HB 1356; the eighth day of April, Anno Domini one thousand eight hundred and HB 1370; sixty-two." HB 1424; HB 1757; URBAN AFFAIRS. HB 1986; HB 2053; HB 1406, PN 1649 By Rep. REINARD SB 706; and SB 1011. An Act repealing the act of April 28, 1903 (P.L.332, No.260), entitled "An act for the annexation of any city, borough, township, or part of a township, to a contiguous city, and providing for the indebtedness of On the question, the same." Will the House agree to the motion? Motion was agreed to. URBAN AFFAIRS. BILLS REPORTED FROM COMMITTEES, HB 1407, PN 1650 By Rep. REINARD CONSIDERED FIRST TIME, AND TABLED An Act amending the act of June 25, 1919 (P.L.581, No.274), 30, 2687 (Amended) Rep. referred to as the First Class City Government Law, deleting provisions HB PN By SEMMEL relating to the Department of Public Works and the Department of Supplies and Purchases. r, An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, providing for halls of fame in veterans' homes. URBAN AFFAIRS. VEERANS AFFAIRS AND EMERGENCY PREPAREDNESS. HB 1408, PN 1651 By Rep. REINARD An Act repealing the act of luly 15, 1919 (P.L.961, No.378), entitled HB 190, PN 178 RENARD "An act fixing the salaries and compensation of the officers, clerks, and employes in the office of the recorder of deeds of any county having a An Act orohibitine anv municioal oension or retirement svstem in a oooulation of one million five hundred thousand inhabitants or over." city of the fiist %s f;om benying ce&in benefits to suwiviig spouses of police officers or certain employees upon a subsequent remaniage of URBAN AFFAIR^ the surviving spouse; and making repeals. URBAN AFFAIRS. I HB 1409, PN 1652 By Rep. REINARD An Act repealing the act of May 13, 1927 (P.L.994, No.483), entitled HB 608, PN 2681 (Amended) By Rep. WOGAN "An act fixing the salqto be paid by each county of the first class to its chief deputy sheriff.'' An Act providing for the regulation of home improvement contracts and for registration of certain home imorovement contractors: orohibitine cemln acis, prescnb~ngrequlrement CONSUMER AFFAIRS An Act repealing the act of April 4, 1929 (P.L.163, No.158), entitled "An act nrovidine, for real estate debutv sheriffs in counties of the first. I second, .and thir2 classes; and fiiing their salaries payable by said HB 1129, PN 2682 (Amended) By Rep. REINARD counties; and repealing section two of an act, approved the twenty-fourth day of May, one thousand eight hundred and eighty-seven (Pamphlet An Act amending Title 53 (Municipalities Generally) of the Laws, one hundred eighty-five), entitled 'An act authorizing the sheriffs Pennsylvania Consolidated Statutes, authorizing municipalities to of~~ the~~ several counties of this Commonwealth to aoooint bv, deed~~~~ chief institute in personam actions againsr certain property owners. deput~es~8th puusr 10 act as sheriff in care of and dkng the temporar) dlsabillry of the shenff ro act in person and fixlng thc salar~esof such URBAN AFFAIRS. counties containing more than the hundred thousand LEGISLATIVE JOURNAGHOUSE inhabitants,' and other acts general, special or local so far as inconsistent SUPPLEMENTAL CALENDAR A herewith." RESOLUTION PURSUANT TO RULE 35 URBAN AFFAIRS. I 1 Mr. WALK0 called up HR 315, PN 2671, entitled: HB 1411, PN 1654 By Rep. REINARD A Resolution designating November 1999 as "Velvet Revolution Month" in Pennsylvania and recognizing the end of the rule of communist An Act amending the act of May 1, 1929 (P.L.1052, No.407), dictatorship in Czechoslovakia. entitled "An act adootine a Droeram for the completion of the improrcmcnt of the state h;ehu.;ysof the Commonueaith; authorlzlng On the question, counttrs, boroughs. towns and tounships to ehpcnd money,. and to Incur indebtcdnc,c. and rcquinne. - certain monc,,, of the Motor L~censeFund to will the House adopt the resolution'! be expended as herein provided," deleting provisions relating to municipal agreements to connibute for additional mileage. The following roll call was recorded: URBAN AFFAIRS Adolph Fairchild Mann Saylor Allen Fargo Markasek Schroder By Rep. REINARD Aigall Feese Marsico Schuler A"nsu0ng Fichter Masland Scrimenti An Act repealing the act of June 21, 1939 (P.L.617, No.288), entitled Baker Fleagle Mayemik Semmel "An act to authorize cities of the first class of this Commonwealth to Bard Flick McCall Serafini oroi~dcfor the payment of certain dcfictts and indebtedness, as herein Barley Forcier McGeehan Seyfen Frankel McGill Shaner defined. In eqkal annual installments of tuo million five hundred Bm Bastian Freeman Mcllhattan Smith, B. tho~janddollars tS?.500.000l. and to authonze the maklne of contracts. Banisto Gan"0" Mcllhinney Smith, S. H. tnc orau in: of u,arranrs and the approial thereof, without appropnar~on, Bebko-Jones Geist McNaughton Snyder for the pa)mcnt of such deficits and tndebtcdnes, exccpt as pro\ ided b) Belardi George Melio Solobay this act and to lew and fix the tax rate, and to make a~~ropriations,and Belfanti Gigliotti Metcalfe Staback prepxc and formuiate the financtal program\ of such c~nesupon the basis Benninghoff Gladeck Michlovic Stairs of tbr. dtscharge of dcfic~rsand indebtedness. In the manner pro\ ~dedb) Birmelin Godshall Micoaie Steelman this act; requin7ng annual provision for payment of mandamus executions; Blaum Gordner Miller, R. Steil and suspending andor repealing inconsistent legislation." Boyes Grucela Miller, S. Stem Broune G~itza Mundy Stetler Bunt Habay Myers Stevenson URBAN AFFAIRS. Buxton Haluska Nailor Smmnaner Caltagirone Hanna Nickol Sturla Cappabianca Harhai O'Brien Sum Cam Harhart Oliver Tangetti HB 1448, PN 1712 By Rep. REINARD Casorio Hasay Orie Taylor, J. Cawley Hennessey Penel Thomas An Act amend~ngthe act of May 22. 1935 (P L 233, No.99). referred Chadwick Herman Pesci Tigue to as the Second Class CINPoltcemen Reltef Law. further provldtng for Civem Hershey Pemrca Travaglio pension payments to spouses Clark Hess Peuone Tmllo Clymer Hamy Phillips Trich Cohen, L. I. Hutchinson RQPY True URBAN AFFAIRS. Cohen, M. Jadlowiec Pistella Vance Colafella James Plam Van Home Cornell Josephs Reston Veon Corrigan Kaiser Ramos Vifali HB 1584, PN 2688 (Amended) By Rep. SEMMEL Costa Keller Raymond Walko cov--, Kennev Readshaw Washineton- CunY KiklGd Reinard Waters An Act amending Title 51 (Military Affairs) of the Pennsylvania Dailey Krebs Rieger Williams Consolidated Statutes, further providing for the computation of seniority Daiey LaGrotta Roberts Wilt for reduction in force. Dally Laughlin Robinwrn Wogan DeLuca Lederer Roebuck Wojnaroski VETERANS AFFAIRS AND EMERGENCY Dempsei Leh Rohrer Wright Dermody Lescovitr Rmey Yewcic PREPAREDNESS. DeWeese Levdansky Ross Youngblood DiGirolamo Lucyk Rubley Yudichak Donamcci Lynch Ruffing Zimrnerman Druce Maher Sainato zue HB 2037, PN 2605 By Rep. SEMMEL Eachus Maitland Samuelson Egalf Major Santoni Ryan, An Act amending Title 51 (Military Affairs) of the Pennsylvania Evans Manderino Sather Speaker Consolidated Statutes, providing for unemployment compensation benefits NAYS4 VETERANS AFFAIRS AND EMERGENCY NOT VOTING1 PREPAREDNESS. Tulli 2142 LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 EXCUSED4 Egolf Mandenno Sather Ryan, Evans Mann Saylor Speaker Bishop Butkovitz Lawless Taylor. E. Z. NAYS4 ur The majority having voted in the affmative, the question was NOT VOTING1 determined in the affitive and the resolution was adopted. Maher SUPPLEMENTAL CALENDAR B EXCUSED4 RESOLUTION PURSUANT TO RULE 35 Bishop ButkoviQ Lawless Taylor, E. 2, Mr. HERMAN called up HR 317, PN 2678, entitled: The majority having voted in the affitive, the question was A Resolution recogninn~the Centre Rcgon Council of Governments determined in the affmative and the resolution was adopted. for 30 years of outstanding senice. GUEST INTRODUCED On the question, Will the House adopt the resolution? The SPEAKER pro tempore. The Chaiu would like to welcome District Magistrate Shenvood Grigg, who is visiting with us today The following roll call was recorded: as a guest of Representative Rich Gmcela of Northampton County. Magistrate Grigg is seated to the left of the Speaker. Would he please rise. Welcome to the hall of the House. Adolph Fairchild Markosek Schroder Allen Fargo Manico Schuler LEAVE OF ABSENCE Argall Feese Masland Scrimenti Armstrong Fichter Mayemik Semmel Baker Fleagle McCall Serafini Mr. COY. Mr. Speaker? Bard Flick McGeehan Seflen The SPEAKER pro tempore. For what plupose does the Barley Forcier McGill Shaner Barn Frankel Mcllhamn Smith, B. gentlemq Mr. Coy, rise? Bastian Freeman Mcllhinney Smith, S. H. Mr. COY. Could we return to the order of business of leaves of J Banisto Gannon McNaughton Snyder absence? Bebko-Jones Geist Melio Solobay Belardi George Metcalfe Staback The SPEAKER pro tempore. You are in order. Belfanti Gigliatti Michlovic Stairs Mr. COY. I request a leave of absence for the balance of the Benninghoff Gladeck Micome Steelman day for the gentleman from Luzeme County, Mr. BLAUM. Birmelin Gcdshall Miller, R. Steil Blaum Gordner Miller, S. Stem The SPEAKER pro tempore. The gentleman, Mr. Coy, requests Boy= Grucela Mundy Stetler a leave of absence for the gentleman from Luzeme County, Bmvme Gnritza Myers Stevenson Mr. Blaum. Without objection, the leave will be granted. The Bunt Habay Nailor Suimnaner Buxton Haluska Nick01 Sturla Chair hears no objection, and the leave is granted. Caltagimne Hanna O'Brien Surra Cappabianca Harhai Oliver Tangmti Cam Harhan We Taylor, 1. CALENDAR CONTINUED Casorio Hasay Peml Thomas Cawley Hennessey Pesci Tigue Chadwick Herman Pema Travaglio BILL ON THIRD CONSIDERATION Civera Henhey Petrone Trello Clark Hess Phillips Trich The House proceeded to third consideration of HB 1314, Clymer Horsey P~PPY True Cohen, L. I. Hutchinson Pistella Tulli PN 2624, entitled: Cohen, M. Jadlowiec Plans vance Colafella James Reston Van Home An Act remlatine the leasine of em~lovees:oroviding for licensing Comell Josephs Ramor Veon of professlona~empl~erorgan~Gnons, for hnemploymeniand uorkez Conigan Kaiser Raymond Vitali compcnsatlon for leased employees. for respons~b~l~tlesof professional Costa Keller Readshaw Walko empioyer organizations and for criminal penalties and remedies; and Washington Coy Kenney Reinard imposing powers and duties upon the Depamnent of Labor and Industry. curry Kirkland Rieger Waters Dailey Krebs Robem Williams Daley LaGrom Robinson Wilt On the question, Dally Laughlin Roebuck Wogan Will the House agree to the bill on third consideration? DeLuca Lederer Rohrer Wajnarorki Dempsey Leh Rconey Wright Dermcdy LescoviQ Ross Yewcic The SPEAKER pro tempore. The Chair understands that the DeWeex Levdansky Rubley Youngblood gentleman, Mr. Surra, has withdrawn his amendments. r, DiGiralama Lucyk Ruffing Yudichak DonaNcci Lynch Sainato Zimmerman The gentleman, Mr. Masland, offers the following amendment, hce Maitland Samuelran Zug which the clerk will read. The gentleman withdraws the Eachus Major Santoni amendment. The Chair thanks the gentleman. LEGISLATIVE JOURNAGHOUSE On the question retuning, organizations, then we should not be asking ow small business Will the House agree to the bill on third consideration? people who hire these companies to ensure that the PEO will perfolm. That is part of what we are trying to underwrite when we Mr. WILT offered the following amendment No. A4408: ask a PEO to become licensed under HB 13 14. Simply stated, this amendment is good for small business. It Amend Sec. 9, page 15, line 6, by striking out "(g)(9)" and inserting gives the small business owner the assurance that once they make (O(8) the payments of workmen's comp and unemployment Amend Sec. 9, .page . 16, lines 21 through 30, by striking out all of compensation taxes to the PEO, if the PEO does not remit those said lines payments to the Department of Labor and Industry, the depament Amend Sec. 9, page 17, line I, by striking out "(e)" and inserting cannot come back to that client, that small business owner, and (d) Amend Sec. 9, pahe 20, line 6, by striking out "(0" and inserting make them make those payments again. (4 That is what amendment 4408 does, and I ask the members for Amend Sec. 9, page 21, line 25, by striking out "(e)" and insemng their support. Thank you, Mr. Speaker. (dl The SPEAKER pro tempore. On the amendment, the Chair Amend Sec. 9, page 21, line 28, by striking out "(g)" recognizes the gentleman from Montgomely County, Mr. Gladeck. (O Mr. GLADECK. Thank you, Mr. Speaker. Amend Sec. 9, .page . 22, lines 17 through 19, by striking out all of Mr. Speaker, I rise to oppose the gentleman's amendment. The said lines Department of Labor and Industry is also opposed to the Amend Sec. 9, page 22, line 20, by striking out "(8) Subsections amendment, and the department feels and I feel very strongly that (e). . and (n". . and insertinr. (7) Subsections (d) and (e) in order to protect the integrity of the Unemployment Amend Sec. 9, page 22, line 24, by striking out "(9) Subsections Compensation Fund, the Commonwealth must have the right to (e) and (0"and inserting ultimately collect back taxes from a client that is involved in a (8) Subsections (d) and (e) PEO arrangement. Amend Sec. 9, page 23, line 5, by striking out "(h)" and inserting I thii it is important to note that a client would be fully aware (9) of this potential liability before they enter into a PEO arrangement Amend Sec. l I, page 28, lines 15 through 21, by striking out all of because of section 1 l(0. That specifically requires that the client lines 15 through 20 and "(4)" in lines 21 and inserting be notified of this provision by the PEO. (3) I respectfully ask for a "no" vote on the amendment. Amend Sec. I I, page 28, line 24, by striking out "'(5)" and inserting (4) Thank you. Amend Sec. 18, page 32, line 13, by striking out ", (e) and (0" and The SPEAKER pro tempore. On the amendment, the Chair inserting recognizes the gentleman from Northumberland County, and (e) Mr. Belfanti. Amend Sec. 18, page 32, line 14, by striking out "and (4)" Mr. BELFANTI. Thank you, Mr. Speaker. Amend Sec. 18, page 32, line 19, by striking out "(5)" and inserting Mr. Speaker, the gentleman, Mr. Gladeck, and I, ow staffs and (4) the Department of Labor and Industry, along with the PEO organizations, have worked on this legislation for two sessions On the question, now, and I can understand where Mr. Wilt is coming from. If an Will the House agree to the amendment? owner pays a PEO funds that are to be dedicated for workers' comp or~unemploymentcompensation and that PEO fails to The SPEAKER pro tempore. On that question, the Chair forward those funds to the Commonwealth of Pennsylvania, the recognizes the gentleman, Mr. Wilt. employer may be held liable twice for the same dollars. I can Mr. WILT. Thank you, Mr. Speaker. sympathize with that. However, Mr. Speaker, in many other laws Mr. Speaker, this amendment No. A4408 is designed to clear up and statutes on the books in this Commonwealth, when the what I think is one of the few things that has not been clearly solvency of certain funds are impomt to the Commonwealth and negotiated out in HB 1314. its citizens, very similar provisions are included in those statutes. I would like for the benefit of the members to walk with me The owner of the business establishment still has the remedy of through this scenario: A client is engaged by a professional suing the PEO for lost funds in the case of insolvency or employer organization. In exchange, the PEO is charging the client bankruptcy, and the reason the Department of Labor is opposing a fee, and as part of that fee that they earn, they are to make sure this amendment is because it would make it inconsistent with other that when they are paid the unemployment compensation taxes and statutes. workmen's compensation taxes, when they receive that as part of Also, section 10 of this bill also requires the liability for unpaid the payroll from the client, that they go ahead and forward those workers' comp and unemployment comp rest with the client, not payments to the Department of Labor and Industry. with the PEO, so to amend section 9(d), we would make it What this amendment seeks to correct is, within this bill, if a inconsistent with section 10 of the same bill. PEO does not in turn make those workmen's comp and So I join my colleague, Representative Gladeck, in opposing unemployment compensation payments to the Department of the Wilt amendment, although I appreciate where the gentleman is Labor and Industry, the department has the ability to go back to the coming from. client and force them to make those payments again, and if we are The SPEAKER pro tempore. For the second time, the Chair going to be in the practice of having the Depment of Labor and recognizes the gentleman from Mercer County, Mr. Wilt. Indusby license, regulate, oversee professional employer 2144 LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 Mr. WET. Thank you again, Mr. Speaker. Druce Lucyk Rieger Wright Egolf Lynch Roberts Youngblood And with all due respect to the Republican and Democrat Fairchild Maher Roebuck Zimmerman chairmen of the Labor Relations Committee, and I sit on that Fargo Maitland Rohrer ZUg committee, and I appreciate their attempts to help me get Fichter Marsico comfortable with HB 1314, knowing a little bit about this industry. 4 However, this amendment will impact small business owners NAYS108 across this State. The professional employer organizations are one Adolph Evans Mayemik Shaner of the fastest growing segments of human resource management Bard Feese McGeehan Snyder throughout the country. More and more of our small business Barley Fleagle McGill Solobay owners are engaging in contracts with professional employers. Bmr Flick Melio Staback Battist0 Frankel Michlovic Steelman That is what forced HB 13 14 to come to the floor today - that is, Bebko-Jones Freeman Miconie Steil that the department has seen the need to regulate this industry, to Belardi Gannon Mundy Stetler oversee them, to make sure that they are upfront in dealing with Belfanti Geist Nailor Sturla clients, because as more high-tech companies emerge, as more Buxton Giglioni Penel Surra Caltagimne Gladeck Pesci TangreUi small business owners emerge out of the downsizing of corporate Cappabianca Godshall Pemrca Thomas America, they have a product they want to sell; they have a service Cam Gordner Peuone Tigue they want to offer; they are not human resource experts; they go Casorio Grucela Phillips Travaglio out and they hue a PEO to do a job. That PEO will now be Cawley Hanna Pistella Trello Chadwick Harhai Preston Trich regulated under HB 1314, and I think it is only fair that we give Civera Hasay Raymond True those small business owners an oppormnity to abide by the law and Clper Herman Robinson Vance then hold the PEO accountable for the remittance of those taxes. Cohen, L. I. Hess Rmney Van Home Now, the inconsistency with which ChaiiBeIfanti referred Cohm, M. Josephs Ross Venn ColaFella Kaixr Rubley Vitali is that I am not arguing- You how, my amendment handles both Comgan Krebs Ruffing Walko workmen's comp and unemployment comp. However, the focus of Costa LaCmIta Sainato Williams the argument that we have had throughout the process of coy Laughlin Santoni Yewcic developing this bill has focused on the unemployment curry Leseovia Sather Yudichak Daley Major Schuler compensation, and that is the inconsistency to which he relates. Dermody Manderino Scrimenti Ryan, But I just want to let my fellow members how that if this Dew= Mann Serafini Spaker amendment does not go in and one of your constituents who is Eachus Markosek engaged in an arrangement with a PEO pays that PEO their workmen's comp and unemployment compensation taxes and the NOT VOTINGO PEO either goes under or does not make those payments in a timely manner, they are going to be forced to make these payments, and the fmt call that they are going to make is going to Bishop Butkovitz Lawless Taylor, E. Z. be to you, to be an intermediary between them and the deparbnent, Blaum because they have already made these payments. I again ask our members to take this amendment very seriously and consider the impact on the small business owners of the Less than the majority having voted in the affumative, the Commonwealth. Thank you, Mr. Speaker. question was determined in the negative and the amendment was not agreed to. On the question recurring, I Wili th;~ouse agree to the amendment? On the question recurring, Will the House agree to the bill on third consideration? The following roll call was recorded: Mr. GEORGE offered the following amendment No. A4415: YEAS90 I Allen Forcier Masland Samuelron Amend Sec. I I, page 28, by inserting between lines 27 and 28 Argall George McCall Saylor (g) Notice regarding act.-A professional employer organization Armsrrong Gmiua Mcllhartan Schrnder shall post at a conspicuous location on its premises a placard or sign, in Baker Habay Mcllhinney Semmel a form approved by the depamnent, containing the following information: Bastian Haluska McNaughton Seyfen (I) A statement that the entity is a professional employer Benninghoff Hahart Metcalfe Smith, B. Birmelin Hennessey Miller, R. Smith. S. H organization under this act. Boy= Henhey Miller, S. Stain (2) A summary of the key provisions of this act, as Browme Horsey Myen Stem determined by the department. Bunt Hutchinson Nickol Stevenson (3) The telephone number of the appropriate office of the Clark Jadlowiec O'Brien Suitmatter department to which questions concerning this act and its Cornell James Oliver Taylor, J. Dailey Keller We Tulli application should be directed. w Dallv Kennev Pioo~.. . Washinson ~eiuca w irk lad Pla~ts Waters On the question, Dempsey Lederer Ramos Wilt DiGirolamo Leh Readshaw Woean i Will the House agree to the amendment? 1999 LEGISLATIVE JOURNALHOUSE 2145 The SPEAKER pro tempore. On that question, the Chair DeLuca Laughlin Rubley Yewcic Dempsey Lederer Rufing Youngblood recognizes the gentleman from Clearfield County, Mr. George. Demcdy Leh Sainato Yudichak Mr. GEORGE. Thank you, Mr. Speaker. DeWeex Lescovia Samuelson Zimmerman Mr. Speaker, with this law we are taking a very important step DiGirolamo Levdansky Santoni zug Danatucci Lueyk Sather in licensing employee leasing companies, and with such an Druce Lynch Saylor Ryan, important change, the workers of these companies deserve to learn Eachus Manderino Schrcder Speaker what these changes are. €golf I have a short amendment that will require these companies to place a poster describing the changes and giving them a phone number to call if they have questions. Relatively simple; much, Major Miller, S. Steil much important. I think this is an agreed-to amendment, I hope. Masland Nickol Stem Thank you, Mr. Speaker. Metcalfe Plats The SPEAKER pro tempore. On the amendment, the Chair recognizes the gentleman from Montgomery County, Mr. Gladeck. NOT VOTING4 Mr. GLADECK. Thank you, Mr. Speaker. The gentleman, Representative George, is correct. It is an agreed-to amendment, and I would urge all my colleagues to support it. Thank you. Bishop Butkovin Law lea Taylor, E. Z Blaum The SPEAKER pro tempore. On the amendment, the gentleman, Mr. Belfanti. Mr. BELFANTI. Thank you, Mr. Speaker. The majority having voted in the affirmative, the question was ~ikewise,our side of the aisle supports the George amendment determined in the affmative and the amendment was agreed to. as being agreed to. On the question, On the question recurring, Will the House agree to the bill on third consideration as Will the House agree to the amendment? amended? The following roll call was recorded: The SPEAKER pro tempore. The Chair understands that the gentleman, Mr. Costa, has an amendment which was filed late. Does the gentleman seek recognition? The gentleman is Adolph Evans Man" Schuier recognized. Allen Fairchlld Markosek Scrimenti Mr. COSTA. Thank you, Mr. Speaker. Argall Feese Marsico Semmel Armstrong Fichter Mayemik Serafini As you mentioned, I did have an amendment to this bill. Baker Fleagle McCall Seyfen Unfortunately, it was filed too late. Bard Flick McGeehan Shaner My amendment addressed the definition of what a PEO actually Barley Forcier McGill Smith, B. Barrar Frankel Mcllhattan Smith, S. H is or defined it a little better. It is my understanding that this issue Bastian Freeman Mcllhinney Snyder was discussed in committee. Therefore, I will not ask for a Battisfo Gannon McNaughton Solobay suspension of the rules and withdraw my amendment, with the Bebko-Jones Geist Melio Staback Belardi George Michlovic Stairs hope that the Senate will take care of my concerns. Belfanti Gigliotti Micoaie Steelman Thank you for giving me the time. Benninghoff Gladeck Miller, R. Steller The SPEAKER pro tempore. The Chair thanks the gentleman. Bimelin Godshall Mundy Stevenson Boyes Gordner Myen Svittmatter Bro- Gmceln Nailor SNrla On the auestion recunine. Bunt Gruitza O'Brien Sum4 Will the House agree to the bill on third consideration as Buxton Habay Oliver Tangreni Calragirone Haluska Orie Taylor, J. amended? Cappabianca Hanna Peml Thomas Bill as amended was agreed to. Cam Harhai Pesci Tigue Casorio Harfian Petma Travaglio Cawley Haray Petrone Trello The SPEAKER pro tempore. This bill has been considered on Chadwick Henneaey Phillips Trich three different days and agreed to and is now on final passage. Civera Herman pippy True The question is, shall the bill pass fnally? Clark Hershey Pistella Tulli Clymer Hess Preston Vance Cohen, L. I. Horsey Ramos Van Home On that question, the Chair recognizes the gentleman from Cohen, M. Hutchinson Raymond Veon Northumberland County, Mr. Belfanti. Colafella Jadlowiec Readshaw Vitali Cornell James Reinard Walko Mr. BELFANTI. Thank you, Mr. Speaker. I will be very brief. Comgan Josephs Rieger Washington I would like to, first of all, thank Representative Costa for costa Kaiser Robens Waters withdrawing his amendment. Actually, the crux of his amendment COY Keller Robinson Williams curry Kenney Roebuck Wilt was not talked about in committee, but it was the subject of a great Dailey Kirkland Rohrer WOW" deal of discussion between staff, which has spent a lot of time Daiey Krebs Raoney Wojnaroski working on this legislation over the course of the past Dally LaGrotta ROSS Wright 3-plus years. I would also like to thank the majority chairman, 2146 LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 Representative Gladeck, and his staff for working this legislation Eachus Major Sather Ryan, Egolf Manderino Saylor S@er out in a bipartisan manner, and the Depamnent of Labor and Mann Schroder Industry as well as the vast majority of the PEOs in this ~onunonwealth. The members here should be aware that we are not talking- I about temp service agencies. We are talking about professional Armsrrong Hasay Metcalfe Serafini employee organizations who lease employees from a company and Bastian Hers Miller, R. Smith, S. H. Birmelin Leh Nickol Steelman lease them back to the company. These are the employers that do Cosla Maher Platts Stem pay benefits. People that are working through a PEO enjoy the Forcier McNaughton Rohrer Wilt same salary and benefit structure as their counterparts that work in Gelst that particular company. It is a management situation where a fm is hired to pay the compensation, pay the unemployment, and make NOT VOTING4 sure that ~avrolland thines of that nature are done se~aratelvbut &, - under the direction of the primary principal, the employer. EXCUSES5 So the PEO industly is for this legislation. The department has Bishop ButkoviQ Lawless Taylor, E. 2. worked very closely with us, and again I would like to thank my -.--..n,,,,m counterpart for working with us to get this much-needed legislation through today. I ask for a "yes" vote. I The majority required by the Constitution having voted in the On the question recurring, aflinnative, the question was determined in the amtiveand the Shall the bill pass fmally? bill passed finally. The SPEAKER pro tempore. Agreeable to the provisions Of the Ordered, That the clerk present the same to the Senate for Constitution, the yeas and nays will now be taken. concurrence. The following roll call was recorded: GUESTS INTRODUCED The SPEAKER pro tempore. The CChair would lieto welcome Adolph Fairchild Markosek khuler two visitors who are here with us today. Nicholas Noel and Allen Fargo Mmico Scrimenti Maura McGuire are here as the guests of Representative ArEall Feese Masland Semmel Baker Fichter Mayernik Seyferi Craig Dally, and they are seated in the rear of the House. Would * Bard Fleagle McCall Shaner they please rise. Welcome to the hall of the House. Barley Flick McGeehan Smith, B. Banar Frankel McGill Snyder Bauisto Freeman Mcllhanan Solobay BILLS ON THIRD CONSIDERATION Bebko-Jones Gannon Mcllhinney Staback Belardi George Melio Slain Belfanti Gigliom Michlovic Steil The House proceeded to third consideration of HB 1130, Benninghoff Gladeck Micouie Stetler PN 2549, entitled: Boys Godshall Miller, S. Stevenson Browne Gordner Mundy Shinmatter An Act amending Title 42 (Judiciary and Judicial Procedure) of the Bunt Grucela Myers Shlrla Buxton Gruitza Nailor sum Pennsylvania Consolidated Statutes, establishing a cause of action for Callagimne Habay O'Brien Tangreni building, housing and health code violations. Cappabianca Haluska Oliver Taylor, J. Cam Hanna One Thomas On the question, Casnio Harhai Peml Tigue Will the House agree to the bill on third consideration? Cawley Hamart Pesci Travaglio Chadwick HeMessey petrana Trello Civera Herman Pewone Trieh The SPEAKER pro tempore. Does the gentleman, Clark Hershey Phillips True Mr. Robinson, have an amendment? Clymer Horsey pippy Tulli Cohen, L. I. Hutchinson Pisfella Vance Mr. ROBINSON. Final passage; that is all. Cohen, M. Jadlowiec Preston Van Home The SPEAKER pro tempore. The gentleman withdraws the Colafella James Ramos Veon amendment. The Chair thanks the gentleman. Cornell Josephs Raymond Vitali Comean- Kaiser Readshaw Walko The lady from Indiana County, Ms. Steelman, offers the COY Keller Reinard Washington following amendment, which the clerk will read. Withdrawn? The cuny Kenney Rieger Waten Chair thanks the lady. Dailey Kirkland Robens Williams Daley Krebs Robinson Wogan The gentleman from Allegheny County, Mr. DeLuca, do you Dally LaGrorta Roebuck Wojnarorki have an amendment? The clerk will read the DeLuca amendment. DeLuca Laughlin Rwney Wright Dempsey Lederer Ross Yewcic Dermody LescaviQ Rubley Youngblwd On the question recurring, DeWeese Lev-y Ruffing Yudichak Will the House agree to the bill on third consideration? DiGirolarno Lucyk Sainato Zimmerman DonaNcci Lynch Samuelson zug Druce Maitland Santoni 1999 LEGISLATIVE JOUFCNAGHOUSE 2147 Mr. DeLUCA offered the following amendment No. A4212: Mr. DeLUCA. Thank you, Mr. Speaker. Mr. Speaker, amendment A4212 is an amendment that Amend Title, page 1, line 3, by removing the period after addresses a situation where we have our courts and our district "violations" and inserting attorneys throughout the Commonwealth who are reducing the ; and further providing for for Offenses sentences, or not reducing them but making the sentences for using committed with firearms. a weapon, a gun, using a fueann in the commission of a crime - Amend Bill, page 3, by inserting between lines 27 and 28 where in 1985 we passed a piece of legislation that said there was Section 2. Section 9712 of Title 42 is amended to read: 5 9712. Sentences for offenses committed with firearms. a mandatory 5-year sentence if in the commission of a crime you (a) Mandatory sentence.-Except as provided under section 9716 a firearm - what the district the (relating to two or more mandatory minimum sentences applicable), any Commonwealth are doing is dgthese sentences concurrently. person who is convicted in any coun of this Commonwealth of a crime of What this amendment does is it says that you can no longer do that, violence as defined in section 9714(g) (relating to sentences for second that they will run consecutively, and that when we pass a piece of and subsequent offenses), shall, if the person visibly possessed a firearm legislation here, when we say we are tough on crime, that if you or a replica of a firearm, whether or not the firearm or replica was loaded are to commita with a fie- you are goingto or functional. that placed the victim in reasonable fear of death or serious the mandatory years that we plugged into the legislation in 1985. bodily injury, during the commission of the offense, be sentenced to a I would appreciate your support on this, and let me also say that m~nimum sentence of at least five years of. total confinement notwithstanding any other provision of this title or other statute to the the General supports this meOf legislation. Thank you contrary. Such persons shall not be eligible for parole, probation, work veV much. release or furlough. The mandatory sentence imposed under this subsection shall be imoosed consecutive to anv other sentence imnosed On the question recurring, bv the court. Will the House agree to the amendment? (b) Proof at sentencing.-Provisions of this section shall not be an element of the crime and notice thereof to the defendant shall not be nefollowing roll call was required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be YEAS-] 94 provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider any Adolph Fargo Marsica Schmder evidence presented at trial and shall afford the Commonwealth and the ~llen Feese Masland Schuler defendant an opportunity to present any necessary additional evidence Argdll Fichter Mayemik Scrimenti and shall determine, by a preponderance of the evidence, ifthis section is hstmng Fleagle McCall Semmel Baker Flick McGeehan Serafini applicable. Bard Foxier McGill Seyfen (c) Authority of court in sentencing.-There shall be no authority in Barley Frankel Mcllhanan Shaner any court to impose on an offender to which this section is applicable any B- Freeman Mcllhinney Smith, B. lesser sentence than provided for in subsection (a) [or], to place such Bastian Gmon McNaughton Smith, S. H. offender on probation [or], to suspend sentence or to impose the Banisto Geist Melio Snyder Bebko-Jones George Metcalfe Solobay mandatow sentence concurrent to anv other sentence. Nothing in this Belardi Gigliotti Michlovic Staback section shall prevent the sentencing court from imposing a sentence Gladeck Micouie Stairs greater than that provided in this section. Sentencing guidelines ~enninghoff Gadshall Miller, R. Steelman promulgated by the Pennsylvania Commission on Sentencing shall not Birmelin Gardner Miller, S. Steil supersede the mandatory sentences provided in this section. Boyes Grucela Mundy Stem Browe Gruitza MY^ Stetler (d) Appeal by Commonwealth.-lf a sentencing court refuses to Bunt Habay Nailor Stevenson apply this section where applicable, the Commonwealth shall have the ~~~t~~ Haluska Nickol Sttinmatter right to appellate review of the action of the sentencing court. The Caltagimne Hanna O'Brien SNria appellate court shall vacate the sentence and remand the case to the Cappabianca Harhai Oliver Suna sentencing court for imposition of a sentence in accordance with this CaSOno Harhan One Tangreni Cawley Hasay Perzel Taylor, I. section if it finds that the sentence was imposed in violation of this Chad%ck Hennessey Pesci Thomas section. Civera Herman Petrarca Tigue (e) Definitions.- As used in this section, the following words and Clark Hershey Petrone Travaglio phrases shall have the meanings given to them in this subsection: Clymer Hess Phillips Trello "Firearm." Any weapon, including a starter gun, which will or is L. I. Horsey P~PPY ~nch Cohen, M. Hutchinson Pistella True designed to or may readily be converted to expel a projectile by the action colafella Jadlowiec Plattn Tulli of an explosive or the expansion of gas therein. Camell James Preston Vanee "Replica of a firearm." An item that can reasonably be perceived Comgan Kaiser Ramos Van Home to be a firearm. Corn Keller Raymond Veon Kenney Readshaw Walka Amend Sec. 2, page 3, line 28, by striking out "2" and inserting CUT Kirkland Reinard Washington 3 Dailey Krebs Rieger Waters Daley LaGrom Roberts Williams On the question, Dally Laughlin Robinson Wilt DeLuca Lederer Roebuck Wogan Will the House agree to the amendment? Dempsey Leh Rohrer Wojnaroski Demody Lescovitz Roaney Wright The SPEAKER pro tempore. On that question, the Chair Levdansky ROSS Yewcic ~~~&oLucyk Rubley Youngbload recognizes the gentleman from Allegheny County, Mr. DeLuca. Lynch Ruffing Yudichak Druce Maher Sainata Zimmeman Eachus Maitland Samuelson ZUP 2148 LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 I Egolf Major Santoni (11 1s not mama1 or relevant to the enforcement or Evans Mann Sather Ryan, im~lementat~onof environmental law or reeulat~on, Markosek Saylor Speaker Fairchild (iil was knowinelv false when made; 1111, \!a< rendered utth recklcss dlsreeard as to the truth or falsiw of the statement when made, or * (iv) reoresented a wmnzful use ofvrwess or abuse Carn Iosephs Manderino Vitali of process. (b) Stav of discoverv.-The court shall stav all discovery NOT VOTINW proceedings in the action upon the filing of oreliminan, obiections for leeal insufficiencv of a pleadine or other avorooriate motion on the basis of lmmunirv. prov~ded.houc\cr. that the coun. on motion and afier a heanne and for eood cause shoun. ma\ order that soecified discoven, be Bishop Butkovitr Lawless Taylor, E. Z conducted The stav of dlscoverv shall remain in effect untll nonce of the Blaum entrv of the order ruline on the ~reliminarvobiections or on another ~rovriatemotion. (c) Admissibilitv of court determination.-If the court determines The majority having voted in the affitive, the question was the ola~ntlffw~ll oretail on the clam. neither that determinat~onnor the detededin the affumative and the amendment was agreed to. FdCt of that determ~nanonshall be admlss~blein ebidence at an) laler staee of the case. and no burden of oroof or degree of oroof otherwise On the question, aovlicable shall be affected bv that determination. Will the House agree to the bill on thud consideration as Jd) Intervention.-The government aeencv involved in the amended? funherance of a person's naht of oetitlon or free mccch under the Constirut~onof the Un~tedStates or the Constltut~onof Pennsvlvania in Mr. GEORGE offered the following amendment No. A4239: connection with a public issue mav intervene or otherwise narticioate as an amicus cwae in the acrlon invol\ine oublr pennon and oanrloanon Amend Title, page 1, line 3, by removing the period after (el Leaal orotectionc of defendants -Uothine in thls sectlon shall "violations" and inserting b] protections of defendants to actions involvina public vetition and .: and vrovidine. - for oanicioation in environmental law or regulation particioation. Amend Bill, page 1, bv insenlng between lines 3 and 4 (0 Abuse of leeal process.-In addition to other costs or remedies The General Assemblv finds and declare* as follows allowed bv eeneral rule or statute. in anv administrative or iudicial (1) There has been a disturbing increase in lawsuits, known proceedine related to the enforcement or molem men tat ion of COPS. J as Strategic Lawsuits Against Public Participation (SLAPP), environmental law or reeulation. the aeenc\, or~~ coun may award brought primarily to chill the valid exercise by citizens of their including reasonable attohev fees. if the aeencv or court detemiz constitutional right to freedom of speech and to petition the an action. avoeal. claim. motion or rrleadine is frivolous or taken solely government for the redress of grievances. for delav or that the conduct of a panv or counsel is dilatory or vexatlous (2) It is in the public interest to empower citizens to bring [el Definitions.-The followine words and ohrases when used in a swift end to retaliatow lawsuits seekine to undermine their this section shall have the meanines eiven to them in this subsection participation in the establidhment of State an: local en\ ironmental unless the context clearlv indicates otherwise' polic) and in the implementation and enforcement of 1'.Act in funherance of a oenon's naht of oetlnon or ficc swech environmental-~ ~ law and reeulat~ons. (3) hi^ act will - that a frivolous lawsuit or a s~~ppin connection with a vublic issue." hvwn'tten or oral statement or . . ensure I can be resolved in a prompt manner by permlnlngcjr=ens to wtine made before a leeislative. executive or iud~c~alorweedine. or any other oficlal ~~eedlneautho*d bv Ian: anv written or oral statement civil.~~~ ~mmunlrv~~~ ~~~,to~. such suits uhcn..~-~~~~~~~~n~~r~~~~~~~ filing a oreliminarv-, obiection..>- ~~~~~~ for~~~ legal- insufficiencv of a oleadins- or demurrer or I or writing made in connection with an issue under consideration or review Or an\ Orher officlal appropriate motion dnd to obtain a stay on discovery'as pro\ ~dedI b' a leeisiarlve exccurlve Or ludlcial for.. . .in.. thnr.. .. - -.acr. . ppg (4) A coun should grant or deny relief on the preliminary made in a dace own to the oublic or a public fomm in connection with objection or other appropriate motion without reserving the matter an issue of ~ubllcInterest; or any wnnen or oral statement or mnng for further discovery. made to a eovcmment aeencv in connection with thc imolementation and Amend Sec. I, page 1, line 7, by striking out "a section" and enforcement of environmental law and reeulat~ons. inserting "Enforcement of env~ronmcntallaw and rermlations." Any actlvlry sections related to the idennficanon and elimination of violations of environmental Amend Sec. I, vaee 3, bv insertine between lines 27 and 28 laws and reeulations. Including in\estieat~onsof alleeed violations, insvections of activities subject to regulation under environmental law and reeulations and responses taken to vroduce correction of the (1) A oerson who acts in furtherance of the verson's violations. rieht of oetition or free sveech under the Constitution of the "Government aeencv." The Federal Government. the United States or the Constitution of Pennsvlvania in connection Commonuealth and all of ISdcoamnents, cornmisstons, boards. agencles with an issue related to enforcement or implementation of and author~t~es.and all polit~cal$ubdlvls~ons and the~rauthorities. - "lm~lementat~onof cn\~ronmentallau and rceuldtlun\ " Any cnv~ronmental lau or reeulation ~h~llbe immune from civil J I~abilirvin any action excent uhere the communicalun to the act!\ IW rc1arr.d to the Jeteloomcnt 2nd admlnlstration of em ironmental eovemment agency is not ~Guinelvaimed at orocurine a favorable proerams Je\,elooed under en\ lronmental lau, and resulations ~o\crnmentalact~on, re.ult or outcome (2, A communlcliun is not eenuinel, aimed at DIOCUI~S On the question a i3\nroblc eu\ernmental dcrion. result or outcome lilt Will the House agree to the amendment? LEGISLATIVE JOURNAGHOUSE The SPEAKER pro tempore. On that question, the gentleman Dtuce Maher Sainato Zimmennan Eachus Maitland Samuelson zug from Clearfield, Mr. George. Egalf Major Santoni Mr. GEORGE. Mr. Speaker, I would just like to take a moment Evans Manderino Sather Ryan, to tell my colleagues that I am much grateikl for the fact that when Fairchild Mann saylor Speaker I introduce these types of bills or amendments, I can get bipartisan support. The reason that I am insisting and askmg that we adopt the same amendment we have adopted several times is that I am a little bit fed up with the Senate thinking we are in a type of a NOT VOTING4 situation where they are the only game in town. We send over amendments; they ignore them, they play with them, and they do things that just are not the best interest of the people. We are in Bishop Butkovitz Lawless Taylor, E. Z. supposed to be unicameral, not bicameral, or the opposite. The Blam truth of the matter is that I do not care what we are; we may be the lower House, but that does not mean that our ideas and our purpose are not befitting the public that we try to help. The majority having voted in the affirmative, the question was Even though I am confused on bicameral and unicameral, I am determined in the affirmative and the amendment was agreed to. not confused on the purpose of this amendment. It is agreed to. I ask that we send it over to the Senate and let them act On the question recurring, accordingly. Thank you. i 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 pro tempore. This bill has been considered on The following roll call was recorded: three different days and agreed to and is now on fml passage. The question is, shall the bill pass finally? I I Adolph Fargo Markosek Sehroder The Chair recognizes the gentleman from Allegheny County, Allen Feex Marsico Schuler i Mr. Robinson, on final passage. Argall Fichter Masland Scrimenti Mr. ROBINSON. Thank you, Mr. Speaker. Armstrong Fleagle Mayemik Semel 1 Baker Flick McCall Serafini Mr. Speaker, as some members of the House are aware, I have Bard Forcier McGeehan Seyfen I an interest in this issue of blight and how we as public Barley Frankel McGill Shaner policymakers would go about providmg authorization to local units Barrar Freeman Mcllhattan Smith, B. I Bastian Gannon Mcllhinney Smith, S. H I of government andlor individuals in this regard. Banisto Geist McNaughton Snyder Firsf let me congratulate Representative Reinard and those on Bebko-Jones George Melio Solobay the Urban Affairs Committee - a committee of which I used to be Belanii Giglioni Metcalfe Staback Belfanti Gladeck Michlovic Stairs a member - for their diligent effort in this regard over the last few Benninghoff Godshall Mieazrie Steelman years, and I think conceptually what they are attempting to do Birmelin Gordner Miller, R. Steil makes a lot of sense, and I think that certainly I am very much in Boyes Grucela Miller, S. Stem Browne GruiQa Mundy Stetler support of making sure that our blighted areas, our deteriorated Bunt Habay Myers Stevensan areas, have the opportunity to develop and increase their capacity, Buxton Haluska Nailor Strimaner improve the quality of life. Caltagirone Hama Nickol SNTla Cappabianca Harhai O'Brien Surra But beyond that, I think that we need to spend some time Cam Harhan Oliver Tangreni seriously considering some of the concerns that this package of Casorio Hasay Orie Taylor, J. legislation raises. Some of those concerns relate to the use of Cawley Hennessey Perzel Thomas Chadwick Herman Pesci Tigue eminent domain, the most potent weapon that government has Civera Hershey Petrarca Travagiia where it has been authorized to take private property from one Clark Hess Petrone Trello individual and turn it over to another. This whole concept of Clymer Horsey Phillips Trich Cohe", L. I. Hutchinson P~PPY True eminent domain, of course, is rooted in the United States Cohen, M. Jadlowiec Pistella Tulli Constitution and is one of the very bedrocks of our society. Colafella James Plans Vance Cornell Josephs Preston Van Home Also, another concern is, how do we determine when an area is Canigan Kaiser Ramos Veon blighted? There is existing law in Pennsylvania which clearly Costa Keller Raymond Vitali defmes how a governmental agency derermines whether or not an COY Kenney Readshaw Walko area is blighted and under what circumstances property might be curry Kirkland Reinard Washington Dailey Krebs Rieger Waters taken from one individual, turned over to another or corporation Daley LaGrom Robetts Williams for possible redevelopment. Dally Laughlin Robinson Wilt DeLuca Lederer Roebuck Wagan I also think that we need to spend even more time than has Dempsey Leh Rohrer Wojnaroski already been spent by Representative Reinard and his committee, Demody Lescovia Rooney Wright by our task force on eminent domain, and even the fine work of DeWeeSe Levdansky ROSS Yewcic DiGiralamo Lucyk Rubley Youngblood our State Government Commission to really review, again, those Donatucei Lynch Ruffing Yudichak laws which govern redevelopment in this Commonwealth and to 2150 LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 make sure that those laws which have been on the books in the Mr. Speaker, I certainly appreciate the comments and concerns main since 1946, 1947, are really applicable to today's situation. of all members relative to my amendments. I look forward to And then, too, I think we need to, Mr. Speaker, be concerned interacbng with other members ofthe General Assembly in mahg about the unintended consequences. Unintended consequences, as sure that this issue is one that can be concluded to the satisfaction one of my colleagues reminded me, can come from any bill that we of the majority. Thank you very much. r* might pass. Thiigs that we did not intend to happen oftentimes The SPEAKER pro tempore. On final passage, the Chair happen, and instead of solving a problem, we create another, and recognizes the gentleman from Lackawanna County, Mr. Cawley. I think we need to seriously consider some of those unintended Mr. CAWLEY. Thank you, Mr. Speaker. consequences. I would like to interrogate the sponsor of the bill, please. Representative Reinard and others have agreed to work with me The SPEAKER pro tempore. I believe that would be to address these issues and to be able to present to this House a Mr. Walko. The gentleman indicates that he will stand for comprehensive approach that adds to the very fme work that they interrogation. You are in order and may proceed. have already done. Representative Metcalfe and Representative Mr. CAWLEY. Thank you, Mr. Speaker. Krebs also have bills which relate to the issue of eminent domain, Mr. Speaker, what would be the action of a magistrate or a blight, redevelopment, and of course, I have a freestanding bill, municipality, I know you do not know exactly what it would be, HB 2036, that addresses this issue. Certainly, in the spirit of but what would you suppose happens if, let us say, a neighbor in bipartisanship and also to come up with something that is going to the area files a complaint and some people are led to believe that be comprehensive and serve all of our legislative districts, I think the reason why the neighbor is filing the complaint - for instance, you will see that there will be some serious dialogue on these three the complaint would be that they want a property demolished-and pieces of legislation and certainly references to the very fme work some people are under the impression that the reason why the that has already been done by our Urban Affairs Committee. neighbor wants the property demolished is because that neighbor My legislation is patterned - and this is HB 2036 -is patterned who lives adjacent to it or near it would like to then go in to the after the law in Colorado and Illinois, and it does touch upon the municipality and purchase that property so that they could have a issues that HB 1130 raises in terms of what is the most appropriate bigger yard, so on and so forth? I am sure this is going to lead to way, what is the best public use of property that is taken by a not only legitimate complaints on code violations but it is also governmental agency or by an individual or by a corporate entity going to lead to complaints which the seeds of those complaints to improve the overall quality of life for everybody. are from greed. As you know, historically eminent domain was used to make How would we address this? sure that bridges and highways and other public facilities could be Mr. WALKO. Thank you. provided for the general public good. I think today in many cities Mr. Speaker, if there is no foundation for the complaint - and like Pittsburgh and perhaps in cities which are in your counties, the under this legislation, it would have to be a serious violation that potential for abuse of eminent domain is great. The potential for is alleged for a private citizen to file the complaint and to have redevelopment authorities to abuse the power that we have given standing to go before the district justice - but if there is no them is great. credibility in the claim, if there is no proof that there are serious There is an effort on the part of private sources to encourage violations, then the district justice who is elected by the people, by government to acquire private property so that it can be turned all the people of the community, would, I would think mle to over to other private sources for development. While I am not sure dismiss the complaint. that we want to continue that to happen, it certainly is legal under Mr. CAWLEY. Second question, Mr. Speaker. This is not Pennsylvania law and Pennsylvania case law. knocking district justices, but I would assume that district justices I would just like to take a couple minutes to put another kind of across Pennsylvania know practically nothing compared to housing parameter on this discussion. Some have suggested that those of us inspectors and electrical inspectors and code inspectors regarding who are addressing this issue are addressing it without, if not violations in those municipalities, and we just passed the BOCA without authorization, certainly that we might be engaged in (Building Officials and Code Administrators International, Inc.) mischief - their word, not mine. I would just like to remind this Code laws which they are going to go by. I mean, what initiated General Assembly, when one of my predecessors came here in this bill? Was it some municipality or some municipal officials 1935, the Honorable Homer S. Brow he took on the challenge of who were not or are not doing their jobs? Go ahead. helping to redevelop Pittsburgh through what was then called the Mr. WALKO. I do not know that there were any specific Pittsburgh Package. To make a long story short, I am following in officials, Mr. Speaker, of any municipalities. However, there was the tradition of Homer S. Brown. I am trying to address the issue a general feeling that perhaps our municipal officers are of helping to redevelop not only my city but hopefully help you overloaded. better redevelop your city. When Homer S. Brown ascended many Now, keep in mind, this legislation would require the years later to the State Superior Court, he was involved in a inspectors, if you will, to be notified of the filing of the complaint, landmark decision in this Commonwealth concerning the and then they would have to make a ruling on whether or not they ' redevelopment law and the issue of eminent domain, the ultimate believe they should proceed. If they do not plan to investigate and right that government has to take private property. do not plan to proceed, evidence will be presented, in any event, So this is an issue that belongs here in the General Assembly, without them before the district justice, and therefore, the case will and it certainly is an appropriate issue for those of us who are proceed. In any event- concerned about how eminent domain might be used and whether Mr. CAWLEY. And the last question, Mr. Speaker. What or not our current redevelopment laws are applicable to our current happens if a municipality states after the complaint is made that the situation. municipality plans to take no action whatsoever, and now that 1999 LEGISLATIVE JOURNAL--HOUSE 2151 party then files with the district justice; the district justice now - maintain and to preserve the quality of life in their neighborhoods. and I just looked at this briefly, but I assume that this is what is That is what this is doing. It is empowering the people with going to happen - the district justice would then look at the restrictions, with the restrictions listed in the law, living within the complaint and then make recommendations as to what has to be framework of the justice system to better their neighborhoods, to done by the party that owns the property. Where is the district improve and maintain the quality of life in their communities. justice going to get this expertise all of a sudden? Mr. CAWLEY. Thank you, Mr. Speaker. Mr. WALKO. Well, the district justice will rule on the facts of I would just like to make a comment, please. the case just as that district justice would now, except that the I think that the intent is very good, but what I see, based on the individual can proceed with the complaint using evidence, perhaps fact that I was the community development director in the city of even, I believe, calling the inspector as a witness in the proceeding, Scranton before I came down here - which we did have; we lived and then the district justice, just as that district justice does now, under the BOCA Code; we did cany out the housing codes, will ~uleon the facts, apply the law just as the district justice does electrical codes, building codes, zoning codes - if this happens now. here in Pennsylvania, I can assure you that it is going to be a Mr. CAWLEY. So in other words, a district justice is going to nightmare, because if you think that the municipalities were busy be able t+ Let us use one scenario. A neighbor complains that with complaints, wait until you start hearing from the district there are electrical violations in a home that is adjacent to their justices once they start getting the complaints. Even if 75 percent property. They file with the district justice who then contacts the of the complaints are in fact legitimate complaints, the other municipality. The municipality states that our electrical inspectors 25 percent are going to murder the magistrates. went out, looked at that property, and there were minor problems I think that the answer is somehow to communicate with the that have been completed and the violations no longer exist, but governing bodies of those municipalities, and I think that that is that neighbor still feels that violations do exist. Who then makes exactly what the zoning code did that we passed statewide. That the determination as to what action is going to be taken and when was the actual intent of this, so that everyone lives under the same it is going to be taken? code; they use the same code book, the BOCA Code, and I think Mr. WALKO. The district justice, Mr. Speaker, would make an that this is basically going to end up giving a lot of people power evaluation based upon that evidence, and I would believe that he for the wrong reasons. Some of them are right reasons, but you are or she would dismiss the case. going to have at least 25 percent of them that are going to be Mr. CAWLEY. Could, if the district justice chooses not to complaining when they really have no complaint at all, and the finish the complaint, not to close the books on a complaint, can the magistrates are going to be burdened with these cases, and I think district justice then overrule the municipality's decision? we are going to cause resentment with the municipalities also. Mr. WALKO. If there is a violation of a municipal ordinance Thank you, Mr. Speaker. That is all I have. and, in our case, this statute only applying to serious violations, then the district justice would have to apply the law to the facts and act appropriately, and I believe under the circumstances you have THE SPEAKER (MATTHEW J. RYAN) described, Mr. Speaker, a dismissal or a fmding of not guilty or not PRESIDING in violation of municipal ordinance would be appropriate. Mr. CAWLEY. But this is very important, this part. The municipality sends a qualified electrical inspector out and the ~h,S~E~KER, ~h~ gentleman, ~r.costa, on the question, electrical inspector states that there are no violations and that that ~r, COST^, nank you, ~r.speaker, municipality is not going to take any further action. The district I like to rise to interrogate the maker of this bill, please. justice believes the complainant and states that he believes there fie ~r,walko, indicates he will are violations. What happens then? stand for interrogation. You may begin. Mr. then he would make a determination based Mr. COSTA. The question I have is, what prevents any private upon the facts as he believes them. I mean, it is always based upon citizen today from going to their local comm~ssioners or their credibility. When a district justice, a judge in the court of common council members and askmgthem to look into this? pleas is charged with determining facts and finding what is me in ~r.WALKO. There is nothing, Mr. Speaker, that prevents the case before them then that is the ruling in which we find political response to any circumstance in the neighborhood. This ourselves dealing, and there could b Again, this is not saying goes a step farther in saying, you do not have to go the political that there is an automatic 100-percent safeguard against bad route; you can go the judicial route and you can have a standig to mlings. say that this is a serious violation of an existing municipal code, Mr. CAWLEY. Okay. and in doing so, you are able to put the municipality on call. And Mr. WALKO. The district justice would fmd the facts and if you do not have the political clout to do so, to force the the law, the and that is all we are prosecution and the adjudication of the case, you do not need about, municipal code violations - to the case. political clout. You have the right under this law to go forward. Mr. CAWLEY. And one last questio~Mr. Speaker. Did You ~r,COSTA. ~r,speaker, I happen to disagree with that pm. state that you believe that the reason for introducing this bill was I member of a board of commissioners, and ifyou do not act because the caseloads on the municipalities were too heavy? when people ask you to do something, you are not going to be Mr. I think, Mr. 'peaker, that was part of the there very long. So I, unfortunately, have to disagree with you on motivation. Also, the motivation, I believe, as I gleaned it from the this point, Thank you very much, series of hearings and as I gleaned it from the letters which I have received, was that of empowering the citizens to take action to 2152 LEGISLATIVE JOURNALHOUSE NOVEMBER 16 LEAVE OF ABSENCE CANCELED Daley Lederer Roberts Wilt I MI" Leh Robinson Woean Diiuca Lescovie Roebuck Wo~namski The SPEAKER. The Chair rehlms momentarily to leaves of D~~~~~~ Levdansky Rconey Wright absence and notes the presence on the floor of the House of the -*Y Lwk Ross Youngblwd DeWeese Lynch Rubley Yudichak uf gentleman from Philadelphia County, Mr. Butkovitz, who will be DiGimlamo Maher Ruffing Zimmerman added to the master roll call and taken from the leave list. Dona~cci Maitiand Sainato zug Major Samuelson Eachus Manderino Santoni Ryan, CONSIDERATION OF HB 1130 CONTINUED Egoif Mann Sather Speaker The SPEAKER. On the question of fml passage, Mr. Walko, ( NAYS-9 do you desire further recognition? Mr. WALKO. No, thank you, Mr. Speaker. Cawley Harhai Rohrer Tigue Forcier Josephs Seyfen Yewcic The SPEAKER. Mr. Reinard. Gnritza Mr. REINARD. Mr. Speaker, just real briefly. There was some concern in some of the conversation going on previously in the NOT VOTING4 debate about the expertise of a dismct justice in determining code violations. I would just like to point out to the members of the House on page 2, paragraph 2, line 24 on down, it actually talks about the fact that the court itself is authorized to call on municipal Bishop Blaum Lawless Taylor, E. Z inspectors as witnesses. So code enforcement officers and others would be authorized by the court to be called and to actually testify to some of those concerns. The majority required by the Constitution having voted in the The SPEAKER. The Chair thanks the gentleman. affmtive, the question was determined in the affumative and the bill passed fmally. On the question recurring, Ordered, That the clerk present the same to the Senate for Shall the bill pass fmally? concurrence. The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. CONSIDERATION OF HB 1963 CONTINUED The following roll call was recorded: On the question recurring, v, Will the House agree to the bill on third consideration? The SPEAKER. The gentleman, Mr. George, do you have an Adolph Evans Markosek Saylor Allen Fairchild Marsico Schroder amendment to HBs 1963 and 1964? I was not sure. Thank you. Argall Fargo Masland Schuler The gentleman bas none. Armmng Feese Mayemik Scrimenti Baker Fichter McCall Semmel Bard Fleagle McGeehan Seratini On the question recurring, Barley Flick Mffiill Shaner Will the House agree to the bill on third consideration? Bm Frankel Mcllhanan Smith, B. Bastian Freeman Mcllhinney Smith, S. H Bill was agreed to. Banisto Gannon McNaughton Snyder Bebko-Jones Geist Melio Solobay The SPEAKER. This bill has been considered on three different Belardi George Metcalfe Slaback Belfanti Giglioni Michlovic Stairs days and agreed to and is now on fml passage. Beminghoff Gladeck Micoaie Steelman The question is, shall the bill pass fmlly? Bimelin Godshall Miller, R. Steil Boyes Gordner Miller, S. Stem Browme Gmcela Mundy Stetler The Chair recognizes the gentleman from Montgomely County, Bunt Habay Myen Stevenson 1 Mr. Godshall. BuI!aviQ Haluska Nailor Strimnaner Mr. GODSHALL. Thank you, Mr. Speaker. Buxwn Hanna Nickol SNrla Callagirone Harharl O'Brien Surra First of all, I would like to thank the Aging and Youth Cappabianca H=Y Oliver Tangretti ! Committee chairmen, Jere Schuler and Frank Pistella, for the work Cam Hennessey Orie Taylor. J. that was put into this legislation, along with Sharon Schwartz and Cay)"a Heman Penel Thomas Chadwick Hershey Pesci Travaglio Larry Clark from that same committee. Civera Hess Petrarca Trello We fmlly, after 12 years, have a consensus, I thnk, on this Clark Horsey Petmne Trich legislation. We have children's advocacy groups in favor of it. We ' Clymer Hutchinson Phillips True Cohen, L. I. Jadlowiec P~WY Tulii have Catholic Conference; we have Keystone Chiistian Cohen, M. James Pistella Vance Association; we have DPW, Depament of Welfare, and we have Colafella Kaiser Plans Van Home the administration. v' Cornell Keller Preston Veon Corrigan Kennev Ramos Vitali What the bill does, it would require that the Department of Costa ~irkl&d Raymond Walko Public Welfare conduct an annual unannounced inspection of COY Krebs Readshaw Washington every child day-care center and group day-care home in the curry Lacrotta Reinard Waters Dailey Laughlin Rieger Williams Commonwealth. The bill would require the DPW to conduct 1999 LEGISLATIVE JOURNAGHOUSE I annual inspections of at least 15 percent of all registered The following roll call was recorded: family day-care homes in the Commonwealth. Also, it says that within 24 hours of receipt of a complaint from any person alleging a risk to the health or safety of a child receiving child care at a Adolph Fargo Markosek Schroder facility, the department would be required to conduct an onsite, Allen Feese Marsico Schuler unannounced inspection of the facility. Such complaints would Argall Fichter Masland Scrimenti include severe injury or death of a child receiving care, allegations Armstrong Fleagle Mayemik Semmel Baker Flick McCall Serafini of child abuse, or conditions or practices creating an immediate Bard Farcier McGeehan Seyfen and serious risk to a child. Barlev Frankel~~~~~~ ~ McGill Shaner Mr. Speaker, if you could bear with me for just a couple Bmr Freeman ~c~lhkan Smith, B. Bastian Gannon Mcllhinney Smith, S. H minutes -Rnnicto - .- G~icr .MrNm~ohtnn. . -. . - -=.. .-.. Snvrler The SPEAKER. Will the gentleman yield. Bebko-Jones George Melio Gobay The gentleman is entitled to the attention of the members. If you Belardi Giglionj Metcalfe Staback Belfanti Gladeck Michlovic Stairs have conferences, take them off the floor. Benninghoff Godshall Micouie Steelman Mr. Godshall.~ ~ Birmelin Gordner Miller. R. Steii Mr. GODSHALL. Thank you, Mr. Speaker. Boys Grucela ~iller;S. Stem Browne Gmim Mundy Stetler Approximately 12 years ago my daughter, husband, and a Bunt Habay Myers Stevenson young daughter, Kaitlin, moved up Eom Texas to Pennsylvania. Butkovie Haluska Nailor Strinmaner My daughter had to go to work along with her husband and was Buxton Hanna Nickol Sturla Caltagimne Harhai O'Brien s"m looking for a day-care facility in the Lehigh Valley. She called me Cappbianca Harhart Oliver Tangreni to fmd out who to call. I gave her the telephone number and Cam Hasay Orie Taylor, I. DPW's telephone number and said, this is the number you call. Casorio Hennessey Perzel Thomas Cawley Hennan Pesci Tigue She was ~nformedby DPW that in the Lehigh Valley, practically Chadwick Hershey Petrarca Travaglio all the day-care facilities had a perfect record, and coming from a Civera Hess Petrone Trello heavily regulated State in Texas, she asked how this could be. Clark Horsey Phillips Trich Clymer Hutchinson P~PPY True Their answer was that the inspector is sent out after the facility is Cohen, L. 1. Jadiouiee Pistella Tulli notified about 4 to 6 weeks in advance of the inspector coming and Cohen, M. James Plans Vance that with this announced inspection, that the Lehigh Valley had, Colafella Josephs Preston Van Home Cmell Kaiser Ramos Van really, centers that were 100 percent of what they should be. Carrigan Keller Raymond Vitali Then my daughter called me and asked why we do announced Costa Kenney Readshaw Walko inspections at our day-care facilities. I called DPW. DPW told me COY Kirkland Reinard Washington curry Krebs Rieger Waters that it is done because when the inspector goes out, they want to Dailey LaGmua Robens Williams make sure that the day-care facility has the bookkeeper there so Daley Laughlin Robinson Wilt Dally Lederer Roebuck Wow they can inspect the books and/or they are not on a day trip and DeLuca Leh Rohrer Wojnaroski they might be closed; in other words, wasting the inspector's time. Dempsey Lescovie Rooney Wright Well, this did not really sit well with me when we have D~~~O'JY Levdansky ROSS Yewcic DeWeese Lucyk Rubley Youngblood unannounced inspections for practically any kind of facility that is DiGimlamo Lynch Ruffkg Yudichak inspected in the State of Pennsylvania except - except - for our Donatucci Maher Sainato Zimmerman child day-care facilities. hce Maitland Samue1son zug Eachus Major Santoni So after 12 years of work you know, I appreciate people that Egolf Manderino Sather Ryan, have withdrawn amendments from this bill which would have Evans Mann Saylor Speaker caused a problem. Fairchild And at this time I would also like to introduce, with the Speaker's concurrence, my daughter, Jamie, who moved up from Texas 12 years ago, and her 2-year-old-then daughter, Kaitlin. Kaitlin came a long way from that time 12 years ago. She is now 14 years old today, and they wanted to come up here for the passage of this legislation, and I would ask for the members' NOT VOTING4 concurrence. And again, I thank those that were involved with putting this bill together. Thank you very much. The SPEAKER. The Chair thanks the gentleman. Bishop Blaum Lawless Taylor, E. Z. On the question recurring, Shall the bill pass fmally? The SPEAKER. Agreeable to the provisions of the The majority required by the Constitution having voted in the Constitution, the yeas and nays will now be taken. affirmative, the question was determined in the affirmative and the bill passed fmally. Ordered, That the clerk present the same to the Senate for concurrence. LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 The foll owing roll call was recorded: The House proceeded to third consideration of HB 1964, PN 2641, entitled: Adolph Fargo Markosek Schroder r* Allen Feese Marsico Schuler An Act providing for production of child-care certification and Ar@ll Fichter Masland Scrimenti llccnslng dofumcn~s,'re~u~nn~ch~ld da)-care personnel to provlde Armstrong Fleagle Mayemik Semmel cnmlnal and chlld abuse h~storylnformat~on, and confernng pouers and Baker Flick McCall Serafini dutlcs on the Depanment of Publ~cI4 elfare Bard Forcier McCeehan Seyfert Barley Frankel McCill Shaner Bmar Freeman Mcllhanan Smith. B. On the question, Bastian Cannon Mcllhinney Smith. S. H. Will the House agree to the bill on third consideration? Banisto Geist McNaughton Snyder Bill was agreed to. Bebko-Jones George Melio solobay Belardi Giglioni Metcalfe Staback Belfanti Gladeck Michlovie Stairs The SPEAKER. This bill has been considered on three diierent Benninghoff Codshall Micouie Steelman days and agreed to and is now on final passage. Bimelin Gordner Miller, R. Sreil Boyes Grucela Miller, S. Stem The question is, shall the bill pass finally? Browne Gruitra Mundy Stetler Bunt Habay Myem Stevenson Bulkovia Haluska Nailor Slrimaner The Chair recognizes the lady from Montgomery, Buxton Hanna Nickol Srurla Ms. Williams. Caltagimne Harhai O'Brien Sum Ms. WILLIAMS. Thank you, Mr. Speaker. Cappabianca HarhaR Oliver Tangreni Cam Hasay Orie Taylor, 1. Mr. Speaker, from all over the Commonwealth, in every casorio Hemessey Pemel Thomas district, we hear concerns about working families regarding safe Cawley Herman Pesci Tigue and affordable child care as we have just heard in the bill that we Chadwick Hershey Pewarca Travaglio Civera Hess Peuone Trello just passed. Clark Horsey Phillips Trich Today background checks are required for all those who Clymer Hutchinson Pippy True operate family day-care homes where care is provided for four, Cohen, L. I. Jadlowiec Pistella Tulli Cahen, M. James Plans Vance five, or six children who are not related and for the home that is Colafella Josephs Preston Van Home registered. Checks are also required in these homes for anybody Cornell Kaiser Ramos Veon who lives there who is over 18 years old. c~mgan Keller Raymond Vitali With the changes in the wor!dorce, with response to the welfare costa Kenney Readshaw Walko COY Kirkland Reinard Washington .r* work initiatives, and with changes in the copay schedules, smaller culry Krebs Rieger Waters neighborhood facilities, those who care for one to three children, Dailey LaGmlla Roberts Williams Daley Lavghlin Robinson Wilt must become more of an option for families. At present we require Dally Lederer Roebuck wow no regulation, no licensure or registration. My bill would require DeLuca Leh Rohrer Wojnaroski background checks for those operators and those over 18 who live Dempsey Lescovitr Rmey Wright Denn0dy Levdansky Ross Yewcic in these houses. DeWeese Lucyk Rubley Youngblood It would also require an individual conducting an inspection or DiGimlamo Lynch Ruffjng Yudichak an investigation of complaint to produce any documents issued by DonaWci Maher Sainaro Zimmerman Druce Maitland Samuelsan zug any government entity in relation to the operation of this center. So Eachus Major Santoni what happened recently in Philadelphia, where a mother and father Egolf Manderino Sather Ryan, left their wanted, loved little baby with a day-care operator, they Evans Mann Saylor speaker assumed that this woman was a licensed facility and she said she Fairchild was; there was no proof, and the baby died. I want to assure you that what this bill does, it does not affect NAYW anybody who is makmg arrangements for child care where they are paying it out of their ompocket. These background checks would only affect those situations where there is Federal or State funding NOT VOTING4 involved with that. Every parent wants to be confident that their child is being left in a safe environment. I urge you to support this bill and vote 'yes." Thank you. EXCUSEM The SPEAKER. The Chair thanks the lady. Bishop Blaum Lawless Taylor, E. Z. On the question retuning, Shall the bill pass finally? The majority required by the Constitution having voted in the The SPEAKER. Agreeable to the provisions of the afflrrnative, the question was determined in the affitive and the w Constitution, the yeas and nays will now be taken. bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence. 1999 LEGISLATIVE JOURNALHOUSE 2155 1 *** our homeowners. This will say to the judge that it is unfair and that we want the local governments to reduce their millage to The House proceeded to third consideration of HB 1139, compensate for this increased assessment. PN 1287, entitled: Let me also say that this has the support of both my colleagues on the Republican side in Allegheny County and also the An Act amending the act of July 28, 1953 (P.L.723, N0.230)- known Democratic side, and I ask for an affnnative vote on this issue. as the Second Class County Code, further providing for authority to sell SPEAKER. The Habay. or lease real property. Mr. HABAY. Mr. S~eaker.I commend mv neiphbor,-. the gentleman, Mr. ~e~uca,~for offering this amendment. It is an On the question, agreed-to amendment. Will the House agree to the bill on third consideration? The SPEAKER. I hope it passes now. Mr. DeLUCA offered the following amendment No. A4213: On the question recurring, Will the House agree to the amendment? Amend Title, page I, line 4, by inserting after "thereto," " providing for certain assessments and adjustment of tax rates; and The following roll call was recorded: Amend Bill, page 1, lines 8 through 10, by striking out all of said lines and inserting Section I. The act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code, is amended by adding a section to read: Adolph Fargo Markosek Schrcder Marsico khuler Section 1970.4. Required Tax Reduction.4a) In the second tax Allen Fees Argall Fichter Masland Scrimenti year following a uniform increase in the market or assessed valuations of Armstrang Fleagle Mayemik Semrnel real propenlc Januan- I, 1993, each ool~t~calsubd~w\~on le\nns real estate taxes on the Bard Forcier McGeehan %fen ~ncreasedassessed or market valuations shall. tf necessaw, reduce its tax Barley Frankel McGill Shaner Barrar Freeman Mcllhattan Smith, B. rate in accordance u~th,ubsect~on (br Bastian Gannon Mcllhinney Smith, S. H. ~blEach pol~t~calsubd~\~s~on shall reduce itstax rate. ~fnecessan. Banisto Geist McNaughton Snyder for the pumose of hallne the total amount of taxes levled dealnsr the BebkuJones George Melio solobay increased valuations of the real onoerties eaual. as nearlv as Dossible. the Belardi Giglioni Metcalfe Staback total amount trh~chthe pol!t1c31SU~~I\ISIO~ levled on such prollertw he Belfanti Gladeck Michlovic Stairs BeMinghoff Godshall Micozde Steelman orecedlnr:~ \ear, nutu ~:hsrsndtnethe coun-ordered. ~ncreased\aluat~ons - -~ Birmelin G0rd"eI Miller, R. Steil of such properties. Boyes Grucela Miller, S. Stern (ci For the pumose of determinine the total amount of taxes to be Browne Gmitza Mundy Stetler levied in accordance with this section, the amount to be levied on newly Bunt Habav Myen Stevenson constructed buildings or structures or on increased valuations based on ButkoviQ ~alu&a Nailor Strimnaner Buxton Hanna Nickol Shlrla new improvements made to existins houses need not be considered. The Caltagirone Harhai O'Brien Surra tax rate shall be fixed at a fieure which will accomolish this ouroose. Cappabianca Harhan Oliver Tangremi Section 2. Section 2506 of the act is amended by adding a Cam H=Y We Taylor, J. subsection to read: casorio Hennessey Peml Thomas Amend Sec. 2, page 2, line 2, by striking out "2" and inserting Cawley Herman Pesci Tigue Chadwick Henhey petrarca Travaglio 3 Civera Hess Pemne Trello Clark Horsey Phillips Trich On the question, Clymer Hutchinsan piny True Cohen. L. I. Jadlowiw Pistella Tulli Will the House agree to the amendment? Cohen, M. James Plans Vance Colafella Josephs Preston Van Home The SPEAKER. On the question of the adoption of the Cornell Kaiser Ramos Veon Corrigan Keller Raymond Vitali DeLuca amendment, the gentleman is recognized. costa Kenney Readshaw Walko Mr. DeLUCA. Thank you, Mr. Speaker. Coy Kirkland Reinard Washington Mr. Speaker, what this amendment does, it addresses a situation curry Krebs Rieger Waters Dailey LaGmtta Robe- Williams in Allegheny County that we passed a couple of times before but Daley Laughlin Robinson Wilt it seems that we cannot get it through the Senate. We are going to Wly Lederer Roebuck wow try it one more time. DeLuca Leh Rohrer Wojnaroski Dempsey LexoviQ Rmey Wright It addresses the issue of a judge making an arbitrary decision Dermody Levdansky Ross Yewcic giving the homeowners in Allegheny County a 2-percent DeWeese Lucyk Rubley Youngblood across-the-board increase on their assessments whether their DiGirolamo Lynch Ruffing Yudichak Donatucci Maher Sainato Zimmerman propeny went up or went down. It was an unfair decision. What Druce Maitland Samuelson 2% this amendment says is that the local governments and the school Eachus Major Santoni dismcts must reduce their millage to compensate for this 2-percent Egolf Manderina Sather Ryan, Evans Mann Savlor Speaker increase. When we passed the assessment law in this House, it was Fairchild never meant to be a back-door tax increase on behalf of the homeowners in the Commonwealth of Pennsylvania. It seems more NAYW and more the assessment process is ending up as a tax increase to 2156 LEGISLATIVE JOURNAkHOUSE NOVEMBER 16 1 NOT VOTING4 In April we passed a similar bill pertaining to the Port Authority of Allegheny County, and this House - yes, I did vote for it - this EXCUSED4 House voted 198 to 4 for it. What this says is that the people who are appointed to the RAD Bisho~ Blam Lawless Taylor, E. Z (regional asset district) board will serve their term out and not *rf serve at the will of the elected official. I think it is a good % amendment, especially when they are appropriating over The majority having voted in the &nnative, the question was $69 million a year on behalf of taxpayers' money to different determined in the affirmative and the amendment was agreed to. organizations, and I think they should do that without fear or intimidation from their local official who appoints them. As I said On the question, before, we did that with the port authority. Will the House agree to the bill on third consideration as This is a taxuaver amendment, and I ask for an affumative vote amended? on this amen&ent. The SPEAKER. On the question, the Chair recognizes the Mr. DeLUCA offered the following amendment No. A4266: gentleman from Allegheny County, Mr. Pippy. Mr. PIPPY. Thank you, Mr. Speaker. Amend Title, page I, line 5, by removing the period afler "propnry" I was proud to work with my colleague on the last amendment and inserting and for the members of the Allegheny Regional and wholly supported his idea. Asset Dishict. However, on this amendment I would ask my colleagues to vote Amend Bill, page 2, by inserting between lines 1 and 2 ''no" on it. You are saying, why would you do that? Well, let me Section 2. Section 31 1 I -B(a) of the act, added December 22,1993 tell you. One of my concerns, it was mentioned we did pass that (P.L.529, No.77). is amended to read: good-government amendment back in April for the port authority, Section 31 11-B. Governing Board. The SPEAKER. The Chair thanks the gentleman. appointments, then they have no concern because this bill does not Mr. DeLuca, for the second time. take effect for 60 days, long after the gentleman takes office. He Mr. DeLUCA. Thank you, Mr. Speaker. won the election fair and square, and I support him 100 percent. Mr. Speaker, let me just point out the fact that the Governor of And he will still have the oppo!tunity to appoint anybody he wants this great Commonwealth makes many, many appointments and or remove anybody he wants, and I say for that reason nobody has r' they all serve until their term - most of them serve until their term anythmg to gain or lose here because of the effect of the bill. is completed. So let us all vote 'yes" and give the new administrator in It is no different whether we talk about there was an election Allegheny County an opportunity to do what he thii is best for that we just completed. That has nothing to do with why I Allegheny County. Thank you. introduced this amendment, because if it were up to me, I would The SPEAKER. The Chair thanks the gentleman. remove all the RAD board members, because they did not listen to The gentle- Mr. Sturla. the taxpayers when we asked them to listen when they made their Mr. STURLA. Thank you, Mr. Speaker. decisions. So it has nothing to do about who is the elected official Will the maker of the amendment rise for brief interrogation? and who is not the elected official. The SPEAKER. The gentleman, Mr. DeLuca, indicates he will Let me say to you, one of the things that weIt is one of the stand for interrogation. You may begin. reasons we have staggered terns, because we want them to have Mr. STURLA. Thank you, Mr. Speaker. the continuity in office, and that is why we have staggered terms. Mr. Speaker, as I read the amendment, it talks about the Let me also say to you, the fact is in 1993 when we passed the governing body making this appointment and that those people RAD board, put the RAD board in the legislation, we put the RAD would serve out terms, and even as the current law stands, it says board there to protect the taxpayers, or else we did not need the it is the governing body that they serve at the will of. Is it my RAD board. We could have said, let the elected officials make the understanding that in Allegheny County recently there was a new decision. What do we need a board for? Let us make the elected administrator elected but there was also a new governing body official make all the decisions, but we put the RAD board in there elected, and is it that governing body of 15 members in Allegheny to protect the taxpayers. County that makes this decision or the one administrator? Let me say to you that the mayor appoints three, the county Mr. DeLUCA. The one administrator will make the decision. exec will appoint three, the county commissioners appoint three, Mr. STURLA. Even though the wording in the amendment says and the six of them pick the seventh member, and all I am telling "governing body"? you and all I am asking is that they serve out their terms on behalf Mr. DeLUCA. The board has to confirm the appointments, but of the taxpayers in Allegheny County. It is that simple. they could be removed at will with the I ask for a "yes" vote on this amendment. Thank you very Mr. STURLA. Okay. So then the term "governing body" in this, much. it refers to the one administrator. ., The SPEAKER. The gentlemq Mr. Habay. Mr. DeLUCA. No, it does not refer- Excuse me; I am sorry. Mr. HABAY. Mr. Speaker, for the reasons so articulately It refers to the governing body under the new home-lule charter, expressed by Representative Pippy and Representative Maher, we which they will both be part of that governing body. The way the do have a new county executive in Allegheny County. Let us leave charter is set up- I was just advised that they might consider the that to the elected official in Allegheny County to make thii new governing body the county government. I do not know. That decision. has to be ironed out yet, because nobody knows what the council I urge all of you to vote "no" on the amendment. Thank you. is going to be, what their duties are going to be. The SPEAKER. Mr. Trello, for the second time on the Mr. STURLA. I just asked the question to clarify it, because in question. reading the amendment, I was under the impression that it would Mr. TRELLO. Thank you, Mr. Speaker. be the 15 members that were the governing body, not the Mr. Speaker, if you look at the bottom of this legislation, it administrator, and what I have been hearing discussed is the says, this piece of legislation will take effect in 60 days. That is administrator is the one that is going to make this decision, and long after Mr. Roddey takes over as county executive. So if they that is not the way I read the amendment. Okay. I appreciate the are concerned about Mr. Roddey making the right decisions in Mr. DeLUCA. You make a good point there, Mr. Speaker. appointing his omboard, then they have no worries at all because Mr. STURLA. Thank you. the bill does not take effect for 60 days. That is long after he takes The SPEAKER. On the question of the adoption of the effect But that is not what this is all about, the argument from both amendment, Mr. Habay, for the second time. sides of the aisle. Mr. HABAY. Mr. Speaker, we urge a "no" vote. For an example, one of my colleagues on the other side of the Remember, this is an urban blight bill; this is dealing with urban aisle says that sometimes a constituent will go up to an elected blight in the city of Pittsburgh, counties of the second class. That official and say, I do not like what that person is doing on that is the design and the scope of the bill. We were very happy to have board; why did you appoint him? Well, the same with us. We run Mr. DeLuca's amendment to enhance this bill, to help the every 2 years. If they do not like how we conduct ourselves here beleaguered taxpayers of Allegheny County, but on this, this is an in the General Assembly, they can vote us out but at the end of our issue that should be decided at a different date, at a different time, term and that is the only thing we are asking for men and women on a different bill. that get appointed to boards that do a certain duty, that make I urge my colleagues to vote "no." * sacrifices of their time to work for the community. If their concerns on the other side of the aisle are that Onthe questionrecuning, Mr. Roddey will not have an opportunity to make his own Will the House agree to the amendment? 1999 LEGISLATIVE JOURNAGHOUSE 2159 The following roll call was recorded: On the question recurring, Will the House agree to the bill on third consideration as YEAS98 amended? Banisto Freeman McCall Shaner Bebko-Jones George McGeehan Salobay Mr. DERMODY offered the following amendment No. A4252: Belardi Cigliotri Melio Staback I Belfanti Gordner Michlovic Steelman Amend Title, page I, line 4, by inserting after "for" Butkovie Grucela Mundy Stetier limits on counties of the second class and for Buxt0n Gmim Myers Sturla Caliagimne Haluska Oliver sum I Amend Bill, .page - 1, lines 8 through. 10, by striking- out all of said Cappabianca Hanna Pesci Tangreni ' lines and inserting Cam Harhai Petrarca Thomas Section 1. Section 1980.2 of the act of July 28, 1953 Casorio Horsey Pelrone Tigue (P.L.723, No.230), known as the Second Class County Code, added Cawley James Pistella Travaglio December 21, I998 (P.L.1088, No.146). is amended to read: Cohen, M. Jasephs Preston Trello Colafella Kaiser Rarnos Trich Section 1980.2. Limits on Counties of the Second Class.+J Corrigan Keller Readshaw Van Home Notwithstanding any provisions of the act of June 21, 1939 (P.L.626, Costa Kirkland Rieger Veon No.294), referred to as the Second Class County Assessment Law, to the COY LaGmna Robens Vitali con-, when a county of the second class makes its annual reassessment cuny Laughlin Robinson Walko at values based upon an established predetermined ratio as required by Daley Lederer Roebuck Washington DeLuca LeSco"it2 Rooney Waters law or when a county of the second class changes its established Dermcdy Levkmsky Rufting Williams predetermined ratio, each political subdivision which hereafter levies its DeWw Lucyk Sainato Wojnarmki real estate taxes on that revised assessment or valuation shall for that year Donatucci Manderino Sarnuelson Yewcie reduce its tax rate, if necessary, for the purpose of having the total amount Eachus Mann Santoni Youngblood Evans Markosek Scrimenti Yudichak of property tax revenue received exclusively as a result of the Frankel Mayemik reassessment or change in ratio not to exceed one hundred five per cent of the total amount of property tax revenue received in the preceding year, notwithstanding the increased valuations of properties under the annual reassessment system. For the purpose of determining the total amount of revenue received exclusively as a result of the reassessment or change in Adolph Fairchild Major Schioder ratio for the year, the amount to be levied on newly constructed buildings or shuctures or on increased valuations based on new improvements made Allen Fargo Marsico Schuler Argall Feese Masland Semmel to existing shuctures shall not be considered. hnsmng Fichter McGill Serafini Baker Fleagie Mcllhattan Seyfen (( Bard Flick Mcllhinney Smith, B. Law. to the contrary. no office. agencv. de~amnentor board of a counw Barley Forcier McNaughton Smith, S. H. of the second class mav ~ublisbindividual Drooerh, assessment Barrar Cannon Metcalfe Snyder information. including. but not limited to. dctures. floor ~lans.room Micozzie Stairs Bastian Geist dimensions and ~ointsof inmess or egress on the Internet. Benninghoff Gladeck .Miller, R. Steil Binnelin Godshall Miller, S. Stem Section 2. Section 2506 of the act is amended by adding a Boy- Habay Nailor Stevenson subsection to read: Browne Harhan Nickol Shittmauer Amend Sec. 2, page 2, line 2, by striking out "2" and inserting Bunt Hasay O'Brien Taylor, 1. 3 Chadwick Hennessey One TNe Civera Tulli Herman Penel On the question, Clark Hershey Phillips Vance Clymer Hess pippy Wilt Will the House agree to the amendment? Cohen, L. I. Hutchinson Plans Wow Comell Jadlowiec Raymond Wright The SPEAKER. On the question, the Chair recognizes the Dailey Kenney Reinard Zimmeman gentleman. Dally Krebs Robrer zug Dempsey Leh Ross Mr. DERMODY. Thank you, Mr. Speaker. DiGirolamo Lynch Rubley Ryan, Mr. Speaker, Pennsylvanians' right to privacy is under attack. Dmce Maher Sather Speaker First, our own Department of Labor and Industry tried to sell Egolf Maitland Saylar private, confidential financial information of our citizens to a California computer firm, and now the Allegheny County Board of Assessors has stepped up to the plate. NOT VOTINCrO Recently the Allegheny County courts have ordered a reassessment for all of Allegheny County. The Allegheny County commissioners spent $30 million hiring a firm from Ohio to conduct this reassessment. The quality and the competency of Bishop Blaum Lawless Taylor, E. 2. these assessors were inconsistent at best. Some were experts who worked for the county department before they were hired by the private firm; others left their jobs at McDonald's and 3 days later Less than the majority having voted in the affirmative, the were evaluating your home. question was determined in the negative and the amendment was Now, the assessors fanned out across Allegheny County and not agreed to. knocked on people's doors, and hundreds of thousands of Allegheny County's residents and citizens and taxpayers allowed 2160 LEGISLATIVE JOURNAG--HOUSE NOVEMBER 16 these assessors in their homes. These assessors took pictures inside Mr. Speaker, I know it is an agreed-to amendment; I just and outside. They took drawings; they took dimensions of the wanted to add my support to the amendment. rooms; they made sketches of the interiors of these houses, and I was one of those people that allowed the appraisers to come they left. Now our Allegheny County Board of Assessors wants to into my home, the assessors to come into my home, but at the time spend another $100,000 of taxpayers' money and place this I did not know that they were planning to put this information on * information on the World Wide Web. They want to put this the World Wide Web. I was just cooperating in the process information about your homes on the Internet. as we were supposed to as a good citizen. And when Frank, The potential for abuse of this information is incredible. Not Mr. Dermody, told me about this development, I certainly only is it incredible, it is dangerous. Every burglar, robber, rapist encouraged him to offer hsamendment, because we need to in Allegheny County and elsewhere will now have access to protect folks like me who innocently let them in the home not information about your house - how many rooms you have in your realizing what they planned to do with this information and the house, how many bedrooms you have in your house, how big your many other people across Allegheny County who so cooperated, bedrooms are, and how you get in and out of your house. The and I ask your support for the Dermody amendment. implications are tremendous and they are dramatic, and that does Thank you, Mr. Speaker. not even go to mention those with evil intent - the home remodelers, the fly-by-night contractors, the home repair people - On the question recurring, who prey upon our senior citizens. There is only one county in the Will the House agree to the amendment? country that has more senior citizens than Allegheny County, and that is Dade County, Florida, and we all know they are the victims; The following roll call was recorded: they are the ones who suffer from these fly-by-night home remodelers, home rebuilders, who will now be armed with all this YEAS200 information. Adolph Fargo Marsico Schuler Mr. Speaker, now, that does not even consider those without Allen Feese Masland Scrimenti evil intent, those who just want to sell you something. You know Argall Fiehter Mayernik Semmel how it is with the telemarketers that are out there. When was the Armstrong Fleagle McCall Serafini Baker Flick McGeehan Seyfert last time you were able to sit down with your family and eat dinner Bard Foxier McGill Shaner without the phone ringing and you picking it up and it is not Barley Frankel Mcllhatfan Smith, B. Grandma and it is not your sister from California but it is Barn Freeman McIlhinney Smith, S. H. Bastian Gannon McNaughton Snyder somebody nying to sell you a new roof, they want to sell you new Banisto Geist Melio Solobay windows, and now they are going to tell you they want to sell you Bebko-Jones George Metcalfe Staback a new mortgage on your home. They will have access to all this Belardi Giglioni Michlovic Stairs Belfanti Gladeck Miconie StRlrnan information with the click of a mouse. Telemarketers have mined Benninghoff Godshall Miller, R. Steil the family; they have mined the family dinner hour, and now they Birmelin Gordner Miller, S. Stem will be like a plague on all of us with this information on the byes Grucela Mundy Stetler Browne Gmitza Myers Stevenson Internet. Bunt Habay Nailor Suimnaner Mr. Speaker, nobody in Allegheny County who allowed these ButkoviQ Haluska Nickol SNrla assessors in their homes did so with the understanding the Buxton Hanna O'Brien sm Caltagimne Harhai Oliver Tangreni information these people would be collecting would be available Cappabianca Harhan Orie Taylor, E. Z on the Internet, would be available on the World Wide Web. Cam H=Y Peml Taylor, I. I need your help to pass this amendment to prohibit our board Casorio Hennessey Pesci Thomas Cawley Herman Pewrca Tigue of assessment from placing this information on the World Wide Chadwick Henhey Pemne Trmglio Web and to protect our citizens' privacy. So please vote "yes" for Civera Hers Phillips Trella Clark Horsey P~PPY Tnch tlus amendment. Thank you, Mr. Speaker. Clymer Hutchinson Pistella Tme The SPEAKER. The Chair thanks the gentleman. Cohen, L. I. Jadlowiec Plans Tulli Mr. Habay. Cohen, M. lames Prenon Vance Colafella Josephs Ramos Van Home Mr. HABAY. Thank you, Mr. Speaker. Comell Kaiser Raymond Vean This is clearly a visionary amendment by Mr. Dennody, and I Conigan Keller Readshaw Vitali urge a "yes" vote. Corn Kenney Reinard Walko coy Kirkland Rieger Washingon cuny Krebs Robem Waters LEAVE OF ABSENCE CANCELED Dailey LaGrotta Robinson Williams Daley Laughlin Roebuck Wilt Dally Lederer Rohrer Wow The SPEAKER. The Chair notes the presence in the hall of the DeLuca Leh Rmey Wojnamski House of the lady, Mrs. Taylor. She should be removed from Dempsey LescoviQ Ross Wright leave. Demody Levdansky Rubley Yewcic DeWeese Lucyk Ruffing Youngblmd DiGirolamo Lynch Sainato Yudichak CONSIDERATION OF HB 1139 CONTINUED Donatucci Maher Samuelson Zimmerman D~ce Maitland Santoni 2% Eachus Major Sather The SPEAKER. Mr. Michlovic. Egolf Manderino saylor Ryah Mr. MICHLOVIC. Thank you, Mr. Speaker. Evans Mann Schroder Speaker Fairchild Markarek 1999 LEGISLATIVE JOURNAGHOUSE 2161 NAYS4 Corrigan Keller Readshaw Vitali Costa Kenney Reinard Walko COY Kirkland Rieger Washington NOT VOTING4 CW Krebs Roberts Waten Dailey LaGrotta Robinson Williams Daley Laughlin Roebuck Wilt EXCUSED-3 Dally Lederer Rohrer Wow DeLuca Leh Rooney Wojnmki Bishop Blaum Lawless Dempsey LeScovia Ross Wright Dermody Lev- Rubley Yewcic DeWeese Lucyk Rufiing Youngblood DiGirolamo Lynch Sainato Yudichak The majority having voted in the affiative, the question was Donarucci Maher Samuelson Zimmerman determined in the affirmative and the amendment was agreed to. Maitland Santoni zug Eachus Major Sather Egolf Manderino saylor Ryan, On the question recurring, Evans Mann Schroder Speaker Will the House agree to the bill on third consideration as Markosek amended? NAYS0 The SPEAKER. Mr. Dermody, do you have a second amendment? NOT VOTING4 Mr. DERMODY. I withdraw that amendment, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. EXCUSED-3 Bishop Blaum Lawless On the question recurring, Will the House agree to the bill on third consideration as amended? The majority required by the Constitution having voted in the Bill as amended was agreed to. afhnative, the question was determined in the affirmative and the bill passed fmaliy. The SPEAKER. This bill has been considered on three diierent Ordered, That the clerk present the same to the Senate for days and agreed to and is now on fmal passage. concurrence. The question is, shall the bill pass fmlly? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. GUESTS INTRODUCED The following roll call was recorded: The SPEAKER. The Chaiu is pleased to welcome to the hall of the House today, as the guests of Representative Benninghoff, Dis!zict Justice Ron Homer and his wife, Joanne, seated in the gallery. Would the guests please rise. Adolph Fargo Marsico Schuler Allen Feese Masland Scrimenti Argall Fichter Mayernik Semmel RULES SUSPENDED Armstrong Fleagle McCall Serafini Baker Flick McGeehan SeyfeI7 The SPEAKER. The Chair recognizes the gentleman, Bard Forcier McGill Shaner Barley Frankel Mcllhattan Smith, B. Mr. Belardi. Barmr Freeman Mcllhinney Smith, S. H. Mr. BELARDI. Mr. Speaker, I move that the rules of the House Bastian Gannon McNaughton Snyder be suspended to allow for the immediate consideration of House Banisto Geist Melio Solobay Bebko-Jones George Metsalfe Staback concurrent resolution 2 19. Belardi Gielioni Michlovic Stain Belfanti ~lideck Micozrie Steelman On the question, Benninghoff Godshall Miller, R. Steil Bhelin Gordner Miller, S. Stem Will the House agree to the motion? Boyes Grucela Mundy Stetler Brawne Gruitza Myen Stevenson The following roll call was recorded: Bunt Habay Nailor Stritunaner ButkoviQ Haluska Nickol SNrla Buxtan Hanna O'Brien Surra Caltagimne Harhai Oliver Tangretti Cappabianca Harhart Orie Taylor, E. Z. Adolph Fairchild Marsico khroder Cam Hasay Perzel Taylor, J. Allen Fargo Masland Schuler casorio Hennessey Peri Thomas ArgaIl Feese Mayernik Scrimenti Cawley Herman Petrarca Time Armstrang Fichter McCall~ Semmel Chadwick Hershey Peuone Travaglio Baker Fleagle McGeehan Serafini Civera Hess Phillips Trello Bard Flick .McGill. . . -. .. Seyfert Clark Horsey P~PPY Tri~h Barley Forcier Mcllhaoan Shaner Clymer Hutchinson Pistella Tue B- Frankel McIlhinney Smith, B. Cohen, L. I. Jadlowiec Plans Tulli Bastian Freeman McNaughton Smith, S. H. Cohe", M. James Preston Vance Banisto Cannon Melio Snyder Colafella Josephs Ramos Van Home Bebko-Jones Geist Metcalfe Solobay Cornell Kaiser Raymond Veon Belardi George Michlovic Suback LEGISLATIVE JOURNAL-HOUSE NOVEMBER 16 Belfanti Gigliotti Micome Stairs YEAS200 Benninghoff Gladeck Miller, R. Stem Birmelin Godshall Miller, S. Stetler Adolph Fargo Mmico Schuler Boyes Gordner Mundy Stevenson Allen Feese Masland Scrimenti Browne Glucela Myers Smmnaner Argall Fichter Mayemik Semmel Bunt Gruirza Nailor Sturla Armstmng Fleagle McCall Serafini Butkovia Habay Nick01 Surra Baker Flick McGeehan Seyfen Buxmn Haluska O'Brien Tangsetti Bard Forcier McGill Shaner Caltagimne Harhai Oliver Taylor, E. Z. Barley Frarkel Mcllhattan Smith, B. Cappabianca Harhan Orie Taylor, 1. Bm Freeman Mcllhinney Smith, S. H. Cam Hasay Penel Thomas Bastian Cannon McNaughton Snyder Casorio Hennessey Pewi Tigue Bamsto Geist Melio Solobay Cawley Herman Petrarca Travaglio Bebko-Jones George Metcalfe Staback Chadwick Heishey Peuone Trello Belardi Gigliom Michlovic Stairs Civera Hess Phillips Trich Belfanti Gladeck Micome Steelman Clark Horsey P~PPY True Benninghoff Gadrhall Miller, R. Steil Clymer Hutchinson Pistella Tulli Birmelin Gordner Miller, S. Stem Cohen, L. I. Jadlowiec Plat& Vance Boys hcela Mundy Stetler Cohen, M. James Preston Van Home Browe him Myers Stevenson Colafella Josephs Ramos Veon Bunt Habay Nailor Strimnaner Comell Kaiser Raymond Vitali Bukovitz Haluska Nickol Sturla Conigan Keller Readshaw Wako Buxton Hanna O'Brien Sum Costa Kenney Reinard Washington Caltagirone Harhai Oliver Tanmi COY Kirkland Rieger Waters Cappabianca Harhan Orie Taylor, E. Z. cuny LaGrova Roberts Williams Cam Hasay Penel Taylor, J. Dailey Laughlin Robinson Wilt Casorio Hennessey Pesci Thomas Daley Lederer Roebuck wow Cawley Herman Petrarca Tigue Dally Leh Rohrer Wojnaroski Chadwick Hershey Pmone Travaglio DeLuca Lescovitz Rooney Wright Civera Hers Phillips Trello Ross Yewcic Dempsey Levdansky Clark Horsey P~WY Ttich Demody Lucyk Rubley Youngbid Clymer Hutchinson Pistella True Deweese Lynch Rufting Yudichak Cohen, L. I. Jadlowiec Platts Tulli DiGimlama Maher Sainato Zimmerman Cohen, M. James Preston Vance Donatucci Maitland Samuelson Zug Colafella Josephs Ramos Van Home Druce Major Santoni Cornell Kaiser Raymond Van Eachus Manderino Sather Ryan, Corrigan Keller Readshaw Vitali Egolf Mann Saylor Speaker Costa Kenney Reinard Walko Evans Ma~kosek COY Kirkland Rieger Washington cuml Krebs Robens Waters Dailey LaGrova Robinson Williams Daley Laughlin Roebuck Wilt NAYS-4 Dally Lederer Rohrer wow DeLuca Leh Rooney Wojnaroski Hanna Krebs Steelman Steil Dempsey Lescona Ross Wright Dermody Levdansky Rubley Yewcic DeWeese Lucvk Ruftine Youngblood DiGirolam ~ynih ~ainati Yudichak NOT VOTING0 Donatucci Maher Samuelson Zimmerman Druce Maitland Santoni zug Eachus Major Sather Egolf Manderino Saylor Ryan, EXCUSED-3 Evans Man" khroder Speaker Fairchild Markosek Bishop Blaum Lawless I NAYS4 A majority of the members required by the ~leshaving voted in the affiative, the question was determined in the affiative and the motion was agreed to. NOT VOTING0 RESOLUTION Mr. BELARDI called up HR 219, PN 2261, entitled: Bishop Blam Lawless A Concurrent Resolution memorializing the County Council of the County of Saint Louis, Missouri, to release the Delaware, Lackawanna & Western Railroad's 44-0 Camelback Steam Engine No. 952 for its retum ~h~ majority of the members elected to the H~~~~having to the Steamtown National Historic Site in Scranton, Pennsylvania. voted in the affmative. the auestion was determined in the affiative and the reso1"tion was adopted. On the question, Ordered, That the clerk present the same to the Senate for Will the House adopt the resolution? concurrence. The following roll call was recorded: 1999 LEGISLATIVE JOURNAGHOUSE 2163 cam Hasay Pesci Tigue SENATE MESSAGE Casorio Hennessey Penarca Tnvaglio Cawley Herman Petrone Trello AMENDED HOUSE BILL RETURNED Chadwick Hershey Phillips Trich FOR CONCURRENCE AND Civera Hess True Clark Horsey Pistella Tulli REFERRED TO COMMITTEE ON RULES Clymer Hutchinson Platts Vance Cohen, L. I. Jadlowiee Preston Van Home The clerk of the Senate, being introduced, returned HB 115, Co'afella James ~amos Veon Comell Kaiser Raymond Vitali PN 2679, with information that the Senate has passed the same Conigan Keller Readshaw Walko with amendment in which the concurrence of the House of costa Kenney Reinard Washington Representatives is requested. COY Kirkland Rieger Waters curry LaGmm Roberts Williams Dailey Laughlin Robinson Wilt Daley Lederer Roebuck Wow RULES COMMITTEE MEETING Dally Leh Rohrer Wojnaroski DeLuca Lescovie Rooney W~ight The SPEAKER. The Chair recognizes the majority leader, who tkmpsey Levdansky Ross Yewcic asks that members of the Rules Committee immediately meet at the Dem*Y Lucyk Ruhley Youngblood DeWeese Lynch Ruffing Yudichak majority leader's desk. DiGirolamo Maher Sainato Zimmerman Donatucci Maitland Samuelson ZUg Druce Major Santoni BILL ON CONCURRENCE Eachus Manderino Sather Ryan, REPORTED FROM COMMITTEE ~go~f Mann Saylor Speaker Evans Markosek khmder HB 115, PN 2679 By Rep. PERZEL NAYS7 An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, f'urther providing for municipal Cohen, M. Josephs Mundy Steil police education and training; and limiting the application of certain Hanna Krebs Steelman municipal ordinances. NOT VOTING4 RULES. EXCUSE&3 RULES SUSPENDED I Bishop Blaum Lawless The SPEAKER. The Chair recognizes the majority leader. Mr. PERZEL. Mr. Speaker, I move that the rules of the House A majority of the members required by the rules having voted be suspended to allow for the immediate consideration of HB 115 in the affmtive, the question was determined in the affirmative on House calendar supplemental D on concurrence in Senate and the motion was agreed to. amendments. On the question, SUPPLEMENTAL CALENDAR D Will the House agree to the motion? BILL ON CONCURRENCE The following roll call was recorded: IN SENATE AMENDMENTS The House proceeded to consideration of concurrence in Senate amendments to HB 115, PN 2679, entitled: Adolph Fairchild Marsico khuler Allen Farga Masland Scrimenti An Act amending Title 53 (Municipalities Generally) of the &gall Feese Mayemik Semel Armstrong Fichter McCall Serafini Pennsylvania Consolidated Statutes, further providing for municipal B&er Fleagle McGeehan Seyfett police education and training; and limiting the application of certain Bard Flick MeGill Shaner municipal ordinances. Barley Forcier Mcllhattan Smith, B. Banar Frankel Mcllhinney Smith, S. H. On the question, Bastian Freeman McNaughton Snyder Battisto Gannon Melio Solabay Will the House concur in Senate amendments? Behko-Jones Geirt Metcalfe Staback I Belardi George Michlovic Stain The SPEAKER. On that question, those in favor- Strike that. Belfanti Giglioni Micouie stem Benninghoff Gladeck Miller, R. Stetler The lady, Ms. Josephs, desires recognition. Birmelin Gadshall Miller, S. Stevenson Ms. JOSEPHS. Mr. Tangetti. Boyes Gardner Myers Suitunatter The SPEAKER. Mr. Tangretti, do you desire recognition on Brome Grucela Nailor Smrla Bunt Gruitza Nickol Sum thls? Bukovie Habay O'Bnen Taogreni The question before the House is on concurrence. On the Buxton Haluska Oliver Taylor, E. 2. question of concurrence, Mr. Tangetti. Caltagirone Harhai Orie Taylor, J. Cappahianca Harhan Perzel Thomas LEGISLATIVE JOURNAbHOUSE NOVEMBER 16 Mr. TANGRETTI. Thank you, Mr. Speaker. late nineties in the way that it did in the late eighties and the early Mr. Speaker, this was a bill that I had introduced and was part nineties. So what we are doing, if we accept this bill, is shifting the of a package that was entitled "quality-of-life crime package" of burden of rapidly escalating health care for a certain population the majority leader, Mr. Perzel, Mr. Evans, and a number of other from the insurance industry, which we license to do that and which members of this Assembly, bipartisan members from both sides of does that - sometimes, but does do that - to us. u, the aisle, dealing with various crime issues. So this bill in the guise of just being nasty and underhanded is My bill dealt specifically with training requirements for police going to add to our burden inasfar as it goes to treating the chiefs and amending the Municipal Police Training Act. That bill, diseases, helping people who have debilitating conditions, from the of course, went to the Senate, and as usual they completely gutted private sector to the public sector, and all of those of you who are all of my language and put in whatever they wanted to put in. I just in favor of letting the private sector do what it does best ought to disagree with that process and I disagree with the language that be a "no" on this bill. Thank you, Mr. Speaker. they put in. The SPEAKER. The Chair recognizes the gentleman from I think it is something that you all need to decide for yourselves Philadelphia County, Mr. Roebuck. whether you agree with it, but on principle alone ofjust gutting my Mr. ROEBUCK. Thank you, Mr. Speaker. hill dealing with this quality-of-life package series of bills, I would I, too, rise to oppose concurrence in the Senate amendments. ask all the members to not concur in the Senate amendments. We on the House floor ofttimes give voice to our belief in local Thank you. government, that government is best that is closest to the people, The SPEAKER. The Chair thanks the gentleman. yet with this type of amendment, we take that right away from the On the question of concurrence, the lady, Ms. Josephs. local level 'and assume it here at State level. The issue is not Ms. JOSEPHS. Thank you, Mr. Speaker. whether you agree or disagree with a particular issue; it is about I agree certainly with the previous speaker. It seems to me that what we say we believe in as a principle of government, what is as the House, we ought to stand on our own feet. When they gut right and wrong. our bills, we ought to send it back to them. When we do that I think it is very important we understand that the issue here is enough times, we do fmlly impress them that we are a comember also one of civil rights, perhaps not in the way we like to think of in this legislative process. civil rights, hut it is an issue of the rights of individuals. If we do But I have a second reason for asking that we vote ''no" on this this today in the area of something called domestic partners, what bill, and that is because some of the language that was inserted by is it going to be tomorrow that we decide we are going to the Senate is outright discriminatory against those domestic supersede and change? If it is today someone over there, perhaps partners who are, I believe, of the same sex or maybe even tomorrow it will be those of us right here in this chamber. It is an domestic partners who are not married to each other. I amnot sure. important principle, Mr. Speaker, that we allow government to u,' But at any rate, either way this is certainly a discriminatory piece work best where it can work best. It is a principle that we should of legislation that we should not put our hand on. not seek to undercut civil rights no matter where those rights are The amendment as it is written, the amendment that was added or whom those rights affect. by, or the Senate language, I should say, perhaps not an This is basically and fundamentally wrong, Mr. Speaker. I amendment, allows State-owned and State-related colleges or would urge that we not concur in the Senate amendments and that universities to discriminate against workers if their signif~cant we send a very clear message that what is right is right no matter other is someone - and I believe this is the case- of the same sex whom it impacts upon. Thank you, Mr. Speaker. as the worker, and it does this by exempting these institutions from The SPEAKER. On the question, the Chaiu recognizes the local ordinances that require that these significant others of gentleman from Allegheny County, Mr. Frankel. workers be covered. Mr. FRANKEL. Thank you, Mr. Speaker. Not only does this language fly in the face of allowing local I also rise to oppose HB 115 on concurrence for the reasons control, something which we hypocritically say we want unless we that Representative Tangretti, the initial author, mentioned here. I disapprove of the contents of the local control, but it is an example think that his intention with this legislation has been totally gutted, of the worst kind of underhanded, nasty discrimination and it and we ought to respect the fact that this bill has nothing to do with confers more obligations and more expense on us, on State what he originally intended. And as the prior two speakers governmen< and on State govemment which we all how is indicated, this seems to be, to me, a primary vehicle to once again completely controlled in this era by the Republican Party. revisit the issue of telling our universities and colleges in the State What happens when people lose their right to health coverage, of Pennsylvania what they ought to be doing and what decisions which is what this language is intended to do? They do not just they ought to be making with respect to their benefit programs and disappear, Mr. Speaker; they do not just kind of go away. What how they compensate their staffs. happens to people who do not have health insurance is going to Again, as I said back in June when we revisited this issue, the happen to the people who are affected by this amendment. If they fact of the matter is, we ought to leave these universities and become impoverished, which is what happens to people who are colleges alone to make these decisions so that they can make the sick and do not have health insurance coverage, who pays for their decisions in their own best interests. We have no business care? Mr. Speaker, we pay for their care. They end up getting their interfering with these internal decisions. As I have said in the past, care from Medicaid and going to a State-owned or State-licensed every Ivy League university in this country provides domestic + or a State-financed institution and we pay for it. partnership benefits. Dozens and dozens of Fortune 500 companies Now, I just got a communication from Highmark-most of you provide these benefits, and in this period of time that has elapsed got the same thing - and you only have to read the first two or since June when we fust considered the Egolf amendment that three paragraphs to see that health care is rapidly escalating in the dealt with this issue, and today in the State of Pennsylvania here, 1999 LEGISLATIVE JOURNAGHOUSE 2165 US Airways has subsequently decided to provide domestic 1 NAYS58 partnership benefits. This is an issue of being competitive. This bill and the prior Bebko-Jones Frankel Myers Swla Belfanti Freeman Oliver Surra amendment back in June relegate Pennsylvania to micromanaging Butkovirz Giglioni Pesci Tangreni the issues of our universities, these institutions of learning, these Buxton Gruitza Pistella Thomas institutions of tolerance, and we are going to tell them what Caltaeirone- Halurka Preston Travaglio Cam Honey Ramos Trich benefits they can provide and what benefits they cannot provide. Cohen, L. I. James Rieger Van Home I think that is outrageous, and I would urge all my colleagues to COhen, M. Josephs Roberts van vote against this bill, also in respect to Representative Tangretti, Costa Kirkland Robinson Vitali who clearly envisioned a much more different piece of legislation curry Levdansky Roebuck Walko Daley Manderino Rooney Washington when he introduced it. Thank you. Dedy Mann Solabay Waters The SPEAKER. The Chair recognizes the majority leader on DeWeese Melio Steelman Williams the question of concurrence. Donatucci Michlovic Stetler Youngblood Mr. PERZEL. Thank you, Mr. Speaker. Evans Mundy Mr. Speaker, HB 115 allows the SEPTA (Southeastem Pennsylvania Transportation Authority) police to form their own police department and have regular police authorities. That was the NOT VOTING1 main purpose for this bill. Stain As to mandating or not mandating, the city of Pittsburgh is mandating to the University of Pinsburgh what it is going to do. So I think that the gentleman was making our argument. EXCUSED-3 I would lie to ask the members to please vote to concur on HB 115. Bishop Blaum Lawless On the question recurring, Will the House concur in Senate amendments? The majority required by the Constitution having voted in the The SPEAKER. Agreeable to the provisions the ahtive,the question was determined in the affiitive and the Constitution, the yeas and nays will now be taken. amendments were concurred in. Ordered, That the clerk inform the Senate accordingly. The following roll call was recorded: BILL SIGNED BY SPEAKER Bill numbered and entitled as follows having been prepared for Adolph Fargo Maitland Sather Allen Feese Major Saylor presentation to the Governor, and the same being correct, the title Argall Fichter Markosek Schroder was publicly read as follows: -ng Fleagle Mmico Schuler Baker Flick Masland Scrimenti Bard Forcier Mayemik Semmel Barley Gannon McCall Seratini Barm Geia McGeehan Seyfen An Act amending Title 53 (Municipalities Generally) of the Bastian George McGill Shaner Pennsylvania Consolidated Statutes, Mher providing for municipal Mcllham Smith, B. Banisto Gladeck police education and training; and limiting the application of cenain Godshall Mcllhlnney Smith, S. H. Belardi municipal ordinances. Benninghoff Gordner McNaughton Snyder Birmelin Gmcela Metcalfe Staback Boys Habay Micouie Steil Whereupon, the Speaker, in the presence of the House, signed Browne Hanna Miller, R. Stern the same. Bunt Harhai Miller, S. Stevenson Cappabianca Harhan Nailor Strimnaner C&O Hasay Nickol Taylor, E. Z. Cawley Hennessey O'Brien Taylor, J. RULES SUSPENDED Chadwick Herman Orie Tigue Civera Hershey Perzel Trello The SPEAKER. The Chair recognizes the majority and Petrarca True Clark Hess minority leaders - not sure who is calling this bill up - to Clper Hutchinson Petrone Tulli I am Colafella Jadlowiec Phillips Vance suspend the rules to allow for the immediate consideration of Cornell Kaiser P~PPY Wilt SR 97, PN 145 1. Carrigan Keller Plans Wogan It is requested by the majority leader. COY Kenney Raymond Wojnaraski Dailey Krebs Readshaw Wright Dally LaGrona Reinard Yewcic On the question, DeLuca Laughlin Rohrcr Yudichak Dempsey Lederer Ross Zimmerman Will the House agree to the motion? DiGirolamo Leh Rubley Zug hce Lescovitz Ruffing The following roll call was recorded: Eaehus Lucyk Sainato Ryan, Egolf Lynch Samuelson Speaker Fairchild Maher Santoni LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 YEAS193 CALENDAR CONTINUED Adolph Evans Marsico Schroder Allen Fairchild Masland Schuler RESOLUTION Argall Fargo Mayemik Scrimenti 9 Armstmng Feese McCall Semmel Mr. PERZEL called up SR 97, PN 1451, entitled: Baker Fichter McGeehan Serafini Bard Fleagle McGill Seyfen Barley Flick Mcllhattln Shaner A Concurrent Resolution directing the Joint State Govemment Barrar Forcier Mcllhinney Smith, B. Commission to establish a task force to study issues relating to the Bastian Frankel McNaughton Smith, S. H. Commonwealth's children and youth services delivery system on an Banisto Gannon Melio Snyder ongoing basis and to make recommendations to the General Assembly. Bebko-Jones Geist Metcalfe Solobay Belardi George Michlovic Staback Belfanti Gigliom Micozzie Stem On the question, Benninghoff Gladeck Miller, R. Stetler Will the House adopt the resolution? Birmelin Godshall Miller, S. Stevenson Boyes Gordner Mundy Suimnaner Browne Grucela Myers SNrla The SPEAKER. On the question of the adoption of the Bunt Gruitm Nailor Sum resolutio& the Chair recognizes the gentleman, Mr. DeWeese, who BurkoviQ Habay Nickol Tangelti offers the following amendment, which- Mr. DeWeese, could Buxton Haluska O'Brien Taylor, E. Z. Caltagimne Harhai Oliver Taylor, J. you advise us; I simply have a marking of five amendments. Cappabianca Harhan ~rie Thomas Would you give us the numbers? Cam Hasay Perzel Tigue Mr. DeWEESE. Yes, Mr. Speaker. The amendments are 4465, casorio Hemessey Pesci Travaglio Cawley Herman Petma Trello 4464,4466,4467, and potentially 4251. Chadwick Henhey Pernone Trich The SPEAKER. The Chair thanks the gentleman. Civera Hess Phillips True Clark ~orsey P~PPY Tulli Clymer Hutchinson Pistella Vance On the question retuning, Cohen, L. I. Jadioulec Plans Van Home Will the House adopt the resolution? Cohen, M. James Preston Van Colafella Kaiser Ramos Vitali Comell Keller Raymond Walko Mr. DeWEESE offered the following amendment No. A4465: Corrigan Kenney Readshaw Washington Cona Kirkland Reinard Waters Amend First Resolve Clause, page 2, line 24, by shiking out "a" LaGrotta Rieger Williams COY and inserting curry Laughlin Roberts Wilt Dailey Lederer Robinson WOW an eight-member .rf Daley Leh Roebuck Wojnamski Amend First Resolve Clause, page 2, lines 24 and 25, by striking Dally LescoviQ Rohrer Wright out "of four members of the Senate and four members of the House of DeLUCa Levdansky Rooney Yewcic Representatives" and inserting Dempsey Lucyk Ross Youngbld Dermody Lynch Rubley Yudichak composed of the chairperson and the minority chairperson of the DeWeese Maher Ruffing Zimmerman Aging and Youth Committee of the Senate and the chairperson and DiGiralamo Maitland Sainato ZUg minority chairperson of the Public Health and Welfare Committee of the Donamcci Major Samuelson Senate and the chairperson and minority chairpenon of the Aging and hce Manderina Santoni Ryan, Youth Committee of the House of Representatives and the chairpenon Eachus Mann Sather Speaker Egolf Markosek Saylor and minority chairperson of the Health and Human Services Committee of the House of Representatives Amend Second Resolve Clause, page 3, lines 1 through 5, by striking out all of said lines NAY% Amend Resolution, page 3, by inserting between lines 8 and 9 RESOLVED, That the task force review and assess the efficacy of Freeman Josephs Steelman Steil Ham Krebs the Commonwealth's policies and programs to identify and respond to the health and safety needs of this Commonwealth's socially and economically disadvantaged children; and be it further Amend Fifth Resolve Clause, page 3, line 14, by inserting after NOT VOTING1 "force" , including four appointees, one each appointed by the Resident pro Stain tempore of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives and the Minority Leader of the House of . Representatives EXCUSED-3 Bishop Blaum Lawless On the question, I Will the House agree to the amendment? A majority of the members required by the rules having voted The SPEAKER. On the question the that w in the affmative, the question was determined in the affmative amendment, the Chair recognizes the gentleman, Mr. DeWeese. and the motion was agreed to. Mr. DeWEESE. Thank you, Mr. Speaker. LEGISLATIVE JOURNAGHOUSE SR 97 is certainly worthy of our favorable support. What my guardians ad litem, grandparents, advocates, and D.A.s (district amendment does is to try to put more teeth into it and to try to attorneys) and law enforcement. make certain that our chamber is involved. So because of that, I would stand to oppose this amendment. The Joint State Government Commission was going to be Thank you, Mr. Speaker. charged with this assignment. This House in a bipartisan vote The SPEAKER. The gentleman, Mr. Perzel. decided that our committee system should be focused upon and Mr. PERZEL. I will be brief, Mr. Speaker. that our committees in the House should do this work, that the I join the gentlelady in asking the members to oppose this opportunity to explore the delivery system in Pennsylvania for amendment. Thank you. children's services should at least get a shot from our committees. The SPEAKER. The gentleman, Mr. DeWeese, for the second So although we passed language, Mr. Speaker, in HR 228 on time onthe question. September 29 that would allow our committees in this building and Mr. DeWEESE. Thank you, Mr. Speaker. this chamber, not a commission but our committee system, and The advisory group - and I address my remarks to the since the 29th. nothing has taken place. We are well into the gentlelady from the Lehigh Valley - the advisory group is second month of inactivity. The Health and Human Services unlimited. Every one of the folks that you just named can be on the Committee of the House has done nothing, to the best of my advisory group. In fact, there is no limit to the number of people knowledge. If that is not the case, someone, I am sure, will edify that can be on the advisory group, and the advisory is me. So since we are not getting any action on the delivery of essentially going to do all of the work. What we are nying to limit, seMces to children, especially disadvantaged children in the State, because we are trying to make this a House of Representatives I understand and I voted to suspend the ~lesthat SR 97 is being entity, we are trying to make sure that the majority - the considered. Republican - chairman of Aging and Youth, the Republican My amendment, 4465, would specifically, would specifically chairman of Health and Human Services, along with their state that we need to take a look at the State's socially and Democratic counterparts, they are the lead engines behind this. economically disadvantaged children. We are not going to just take Why have a House of Representatives, why have a committee a look at children in general but socially and economically system if you are going to overarchingly every time defer? We are disadvantaged children. So when I request a favorable amendment trying to put some lifeblood into the committee system, but your vote, it is for this chamber to look at socially and economically argumentation is faulty. Your argumentation is off target. The disadvantaged kids, primarily to put that language, to put that advisory group, anybody can come in and be helpful and shall be language in here so that poor kids get our focus. helpful, but as far as the voting, that will take place from the And secondly and fmlly on the amendment, my language limited task force. But your team will be obviously represented would say that the chairmen, majority and minority, of Aging and with the majority chaii of Aging and Youth and the Youth and the chairmen, majority and minority, of the Health and majority chairman of Health and Welfare. Human Services Committee would serve, or-or-they could have So due to the fact that that litany, that wonderful litany of men a designee serve. That was compromise language to make sure that and women in the State who want to help can help - they are not anyone who uas focusing on the attention of this issue, as the going to have the votes, but why should they have your votes, our gentlelady from the Lehigh Valley, could also serve. votes? - I cannot fathom why the lady would be antagonized by Anyway, that is what I would like for the chamber to consider, this amendment. This amendment is only trying to make sure that and I solicit a favorable vote. needy children, socially disadvantaged children, are the focus. This The SPEAKER. On the question of the DeWeese amendment, is not revolutiomy language. I would lie the majority leader to the Chair recognizes the lady, Mrs. Harhart. debate the language. This is only asking that our chamber, our Mrs. HARHART. Thank you, Mr. Speaker. House, ow committee chairmen, get to make the final say. I do not know; I have in front of me amendments here, but I do In the interest of our institutional integrity, I would ask for an not have A4465, and I am not sure, when was that amendment affirmative vote. filed, if I can ask? The SPEAKER The Chair thanks the gentleman and recognizes Mr. DeWEESE. I am under the firm impression from staff, the lady,Mrs. Harhart, for the second time on the issue. Mr. Speaker, that it is on the tube, that you can look on the laptop Mrs. HARHART. Thank you, Mr. Speaker. computer and find it. 1 am very hopeful that is the case. As I explained before, this is a very comprehensive study that The SPEAKER. For the information of the lady, it was filed will be taken, and it is a bicameral, bipartisan study that the sometime this afternoon, but it does not matter because we have standing committees would not be able to do. We would have to suspended the mles to immediately consider this. So if you have a add staff, and I do not think we want to do that. I think it is time problem with if I suspect we could put this over for a moment or now- Believe me, my best interests are for the children of two until you looked at the amendment on the computers. Pennsylvania, and I think it is time to take the politics out of it. MIS. HARHART. Okay. Thank you, Mr. Speaker. I oppose this amendment, and I would ask that both sides, all I do not support this amendment, because fnst of all, the my colleagues, oppose this amendment as well. Thank you. appointees that Mr. DeWeese would like to put forth are excluding The SPEAKER. The Chair thanks the lady. a lot of the groups, in my opinion, that would like to serve and sit Mr. DeWeese, do you seek recognition? on tlus board. And if I may name those groups, they would be the Mr. DeWEESE. No. Depment of Welfare, the county-city agency administrators, the The SPEAKER. The Chair thanks the gentleman. private provider groups, the families impacted by the city system, juvenile court judges, child advocacy groups, legislators, On the question recurring, religious community groups, caseworkers, county commissioners, Will the House agree to the amendment? 2168 LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 The following roll call was recorded: On the question retuning, Will the House adopt the resolution? Mr. DeWEESE offered the following amendment No. A4464: Banisto George McGeehan Shaner J Bebko-Jones Gigliotti Melio Solabay Belardi Gordner Michlovic Staback Amend First Resolve Clause, page 2, line 24, by striking out "a" Belfanti Grucela Miller, S. Steelman and insenine- Buxton Gruiaa Mundy Stetler an eight-member Caltagirone Haluska Myers Shlrla Cappabianca Hanna Oliver Surra Amend First ~esolve-clause,page 2, lines 24 and 25, by striking Cam Harhai Pesci Tangletti out "of four members of the Senate and four members of the House of casorio Horsey Petrarca Thomas Representatives" and inserting Cawley James Peuone Tigue composed of the chairperson and the minority chairperson of the Cohen, M. Josephs Pistella Travaglio Aging and Youth Cornminee of the Senate and the chairperson and Colafella Kaiser Preston Trello Corrigan Keller Ramos Trich minority chairperson of the Public Health and Welfare Committee of the Costa Kirkland Readshaw Van Home Senate and the chairperson and minority chairperson of the Aging and LaGrotta Rieger vmn Youth Committee of the House of Representatives and the chairperson Laughlin Roberts Vitali and minority chairperson of the Health and Human Services Committee Lederer Robinson Walko of the House of Representatives De~ica LercoVia Roebuck Washington Dermody Levdansky Rmey Waters Amend Second Resolve Clause, page 3, lines 1 through 5, by Dewese Lucyk Ruffing Williams sniking out all of said lines Donatucei Manderino Sainato Wojnaroski Amend Third Resolve Clause, page 3, line 6, by striking out Eachus Mann Samuelson Yewcic "initial area of' Evans Mdosek Santoni Youngblood Amend Third Resolve Clause, page 3, lines 6 through 8, by striking Frankel Mayemik Scrimenti Yudichak Freeman McCall out "be" in line 6. all of line 7 and "familv" in line 8 and insenine and assess the incidents of child deaths &m fiscal years 1994-19199, the efficacy of the State's policies and programs for responding to the reported facts and circumstances leading up to such deaths, and programs Adolph Fairchild Major khuler to eliminate the threats of serious ham to such children at risk Allen Fargo Marsico Semmel Amend Fifth Resolve Clause, page 3, line 14, by inserting after Awl1 Feese Masland Serakini "force" Armstrong Fichter McGill Seyfert . including four appointees, one each appointed by the President pro Baker Fleagle Mcllhattan Smith, B. tempore of the Senate, the Minority Leader of the Senate, the Speaker of Bard Flick McIlhinney Smith, S. H. the House of Representatives and the Minority Leader of the House of J Barley Forcier McNaughton Snyder Representatives BanaI Gannon Metcalfe Stain Bastian Geia Micouie Steil Benninghoff Gladeck Miller, R. Stem On the question, Binnelin Godshall Nailor Stevenson Will the House agree to the amendment? BOYS Habay Nick01 Smttmaner Brome Harhm O'Brien Taylor, E. 2. The SPEAKER. the question, the Chair recognizes the Bunt Hasay One Taylor, J. On Chadwick Hennessey Penel Tue gentleman, Mr. DeWeese. Civm Herman Phillips Tulli Mr. DeWEESE. Thank you, Mr. Speaker. Clark Hershey P~PPY Vance Amendment 4464, again, I am trying to add teeth to the Senate Clymer Hess Plans Wilt resolution. It incomprehensible to me that the Republicans just Cohen, L. I. Hutchinson Raymond Wagan is Comell Jadlowia Reinard Wright voted against the idea of making specific requests of our task force Dailey Kenney Rohrer Zimmeman to look at socially and economically disadvantaged kids. Now I am Dally Krebs Ross zug going to give you a chance to redeem yourselves, and I do not Dempsey Leh Rubley DiGirolamo Lynch Sather Ryan, how that redemption is a cardinal principle of the GOP hce Maher Saylor Speaker (Grand Old Party), but you are going to have a chance. Egolf Maitland khrodet SR 97 is attempting to be amended by this effort so that we can assess the incidents of children's deaths and the efficacy of State NOT VOTING1 policies and programs to respond to reported facts and circumstances leadug up to such deatbs and programs to elite threats of serious harm to children at risk. Mr. Speaker, sometimes . agencies get information about a youngster who is in danger of being beaten or molested or killed, and sometimes those agencies Bishop Blaum Lawless are slow to respond, and obviously once in a while tragic circumstances occur. All I am saying is that if we are going to have this Senate resolution be adopted by this House today and look Less than the majority having voted in the affirmative, the into the delivery services of children and youth agencies, that we d question was determined in the negative and the amendment was make a specific request in the resolution that they take a look at the not agreed to. young people that have died in Pennsylvania in the last several years due to neglect and due to the inactivity of the agencies in the counties. So we as a legislature, you just, most of you just voted to LEGISLATIVE JOURNAGHOUSE tell the universities how to handle their same-sex partners' GUESTS INTRODUCED payments; you decided that the local govenunents should not be overarching and strong. You decided that with your votes a few The SPEAKER. If I may intermpt a little bit further, we have minutes ago. All I am saying is the State of Pennsylvania, as you a group of students in the rear of the hall of the House just voted, if you are consistent, the State of Pennsylvania should who are hearing handicapped. I am inviting now the gentleman, bring in as many people as we can, as many witnesses as we can, Mr. Joseph Fischgrund, who is the headmaster of the Pennsylvania and look at the amount of young people who died in the State in School for the Deaf, to stand at the reading clerk's spot and sign the last 2 or 3 years due to neglect and due to inactivity on the part to the children in the rear or the students at the rear of the House of agencies that were responsible for their well-being. what is going on. This should be a unanimous vote, and I am quite vexed as to the In that case, Mr. DeWeese, I would ask you to use language opposition that seems to be upwelling from the Republican side of familiar to the bulk of the population. the aisle. Thank you very much. The SPEAKER. The Chair recognizes the lady, Mrs. Harhart. CONSIDERATION OF SR 97 CONTINUED Mrs. HARHART. Thank you, Mr. Speaker. I ask that my colleagues oppose this amendment. Thank you. Mr. DeWEESE. Mr. Speaker, this is a good amendment. It The SPEAKER. The Chair recognizes the gentleman, deals with the availability of services that can be provided by our Mr. DeWeese. youth services teams in the 67 counties. We are trying to augment Mr. DeWEESE. I would like to interrogate the gentlelady. than, and I think a favorable vote will focus State perspectives in The SPEAKER. Does the lady consent to interrogation? Harrisburg upon these children and youth services, and hopefully Apparently there is no consensual interrogation, Mr. DeWeese. they will prevent untimely deaths, unfortunate beatings, or Do you have any remarks? molestations. It will have a favorable impact upon our Mr. DeWEESE. Mr. Speaker, I cannot fathom the fuliginous, Commonwealth, and I ask for a favorable vote. Thank you. sooty, and begrimed perspective that would disallow someone The SPEAKER. The Chair recognizes the lady, Mrs. Harhart, from coming to the microphone and debating an issue that deals for the second time on the question. with the amount of kids that died in Pennsylvania in the last year Mrs. HARHART. Again, I would advise my colleagues tc- or two or three or four because child welfare agencies were not The SPEAKER. Will the lady please permit me to intermpt aggressive, were not engaged, were not successful. Now, SR 97 is her? trying to be amended by some of us. We are trying to ask that the Members, please stay seated so our guests can see directly to gentlelady and her colleagues go along with us and look at the kids the gentleman to my left and not be impaired by others standing up who were killed in the last year or two or three. She says that she talking in their line of vision. does not want to discuss it, and she opines that she wants a Mrs. Harhart. negative vote, but she will not engage in the debate. There are Mrs. HARHART. Agah I ask my colleagues to vote "no" on 60,000 people that sent her up here to debate, Mr. Speaker. this amendment in respect to a colleague, Representative True. The SPEAKER. The gentleman will yield. Thank you. Mr. Snyder. The SPEAKER. The Chair thanks the lady. Mr. SNYDER. Mr. Speaker, I thought the purpose of On the question, Mr. Pippy. interrogation was to gain information. The speaker currently Mr. PIPPY. Thank you, Mr. Speaker. talking wants to interrogate someone about his own amendment, Just quickly, concerned with this amendment, and I think the and I do not think that the information that he is seekine He is gentlelady just mentioned it, we do have HE?,I believe it was 5 19 the one presenting the amendment. I do not think there should be by Representative True, which passed the House unanimously, anythmg personal brought into this debate. Thank you. which directly deals with this issue, and to take the focus off that The SPEAKER. Mr. DeWeese. bilk That bill is in the Senate right now. Let us give that bill the Mr. DeWEESE. The gentleman is obviously correct; there opportunity to make a difference. should not be anythmg personal, but inherent in this room, the On the part of the gentleman over there to my left, I would say, polemical exercise that we go through each day, the forensic too, if we truly are looking at the issue, I mean, as a legislature we encounter of legislative debate is give-and-take. This is a very need to focus our efforts. The gentlelady to my left, who is the serious amendment to a serious resolution. The gentlelady said she maker of this bill, has focused her efforts and has said we are going was against it. to take the politics out of this; we are going to have a very focused The SPEAKER. The gentleman will yield. organization looking into the needs of the children. And to just be Mr. DeWEESE. I was only asking her- redundant and to continually add and some would even say play The SPEAKER. The gentleman will yield. politics with this issue is very distasteful, and if we really want to Mr. DeWEESE. -why she was against it. help the kids, let us make sure HB, it was 519, the True bill, The SPEAKER. The gentleman will yield. passes. Let us make sure this bill passes without all the additions The gentleman well knows that we cannot question one another that at first glance may seem like the appropriate thing to do, but as to the motives behind our vote. That is hue of Democrats and once we realize, you know, we always used to joke in the Army Republicans. Our vote is our vote. Now, I would appreciate it if that the camel was the result of a committee that was wing to fmd you would stay on the question of concurrence and particularly the a horse in the desert. I mean, it is something we do not want to amendment that you have offered. continue to burden. Let us be focused. Let us look at these issues, let us make a difference, and let us try to take politics out of it. So thank you. 2170 LEGISLATIVE JOURNAlGHOUSE NOVEMBER 16 The SPEAKER. The Chair thanks the gentleman. Boys Habay Nailor Stevenson Browne Hamart Nickol Striamatla On the questio- Bunt Hasay O'Brien Taylor, E. Z. Mr. DeWEESE. Mr. Speaker? Chadwick Hennessey Orie Taylor, J. The SPEAKER. Mr. DeWeese. Civera Herman Peml Tme Mr. DeWEESE. Apropos of the gentleman's debate, HB 519, Clark Henhey Phillips Tulli w Clymer Hess P~PPY Vance according to the gentleman from Allegheny County, is in the Cohen, L. I. Hutchinson Plam Wilt Senate, and he wants to languish here as we wait on our brothers Comell Jadlowiez Raymond Wogan and sisters in the Senate. I would not mind that languor if the Dailey Kenney Reinard Wright gentleman would join me in asking his leadership to get off the Daily KIebs Rohrer Zimmerman Dempsey Leh Ross zug - dime and do some work on 228. Many of us voted for 228 DiGirolamo Lynch Rubley bipartisanly on September 29. We do not have to worry about the hce Maher Sather Ryan, Senate. Why should we kowtow to the State Senate? Why should Egolf Maitland Saylor Speaker we be subservient and slavishly idolatrous to the State Senate? If you do not want to go along with my amendment- The SPEAKER. Mr. DeWeese, come on. NOT VOTING1 Mr. DeWEESE. If you do not want to go along with my amendment, sir, work over your leaders to bring out 228, and let ButkaviQ us work it over together bipartisanly. We can work together, and we always have and always will. The SPEAKER. And he said that with an almost straight face. On the question of the adoption of the DeWeese amendment- Bishop Blaum Lawless The lady has twice spoken on the subject. On the question recurring, Less than the majority having voted in the affirmative, the Will the House agree to the amendment? question was determined in the negative and the amendment was not agreed to. The following roll call was recorded: On the question recurring, Will the House adopt the resolution? Banisto Gearge McCall Shaner J Bebkc-Jones Giglioni McGeehan Solobay The SPEAKER. Mr. DeWeese, do you intend to offer your BeLvdi Gordner Melio Staback third amendment now? Belfanti Gmcela Michlovic Steelman Buxton Gmim Mundy Stetler Mr. DeWEESE. I certainly do, Mr. Speaker. Caltagimne Haluska MY^ Sturla The SPEAKER. Very good. Cappabianca Hanna Oliver Surra The clerk will read the amendment. Cam Harhai Pesci Tangteni Casorio Horsey Pema Thomas Cawley James Pemme Tigue On the question recurring, Cohen, M. JoxphS Pistella Travaglio Will the House adopt the resolution? Colafella Kaiser Preston Trello comgan Keller Ramos Trich Costa Kirkland Readshaw Van Home Mr. DeWEESE offered the following amendment No. A4466: Coy Lacmm Rieger Veon cUTlY Laughlin Robem Vitali Amend First Resolve Clause, page 2, line 24, by striking out "a" Daley Lederer Robinson Walko DeLuca LescoviQ Roebuck Washington and inserting D~&Y Lev&nsky RWey Watm an eight-member DeWeex Lucyk Rufting Williams Amend First Resolve Clause, page 2, lines 24 and 25, by striking DonaNcci Manderino Sainato Wajnamski out "of four members of the Senate and four members of the House of Eachus Mann Samuelsan Yewcic Evans Mark~sek Santoni Youngblood Representatives" and inserting Fdel Mayemik Scrimenti Yudichak composed of the chairperson and the minority chairperson of the Freeman Aeine and Youth Committee of the Senate and the chaimerson and mko:ty chairperson of the Public Health and Welfare ~ommitteeof the Senate and the chairperson and minority chairperson of the Aging and Youth Committee of the House of Representatives and the chairperson Adolph Fairchild Major Schroder and minority chairperson of the Health and Human Services Committee Allen Farga Marsico Schuler of the House of Representatives ' A~galI Feese Masland Semmel Amend Second Resolve Clause, page 3, lines 1 through 5, by hmong Fichter McGill Serafini striking out all of said lines Baker Fleagie Mcllhamn Seyfen Amend Resolution, page 3, by inserting between lines 8 and 9 Bard Flick Mcllhinney Smith, B. w Barley Forcier McNaughton Smith, S. H RESOLVED, That the task force review and assess the effectiveness Bmar Cannon Metcalfe Snyder of the State's programs to protect and respond to the health and safety Bastian Geist Micozzizie Stairs needs of children in families participating in and subject to the State's Benninghoff Gladeck Miller, R. Steil welfare to work programs; and be it further Birmelin Godshall Miller, S. Stem LEGISLATIVE JOURNAGHOUSE Amend Fifth Resolve Clause, page 3, line 14, by inserting after coverage. The women who are working at low-paying jobs, who "force" are leaving welfare, can still enroll their children in medical , including four appointees, one each appointed by the President pro assistance, but many do not know it, and I think it is important for tempore of the Senate, the Minority Leader of the Senate, the Speaker of us to concentrate on that population and find out why they are not the House of Representatives and the Minority Leader of the House of being covered by Medicaid. I mean, these are our future citizens Representatives in this State. and thev deserve Medicaid:. they. deserve health coverage; they need health coverage, and this amendment would On the question, help us look at that category of children who are suffering in that Will the House agree to the amendment? way. We also know that there are severe problems with day care, not The SPEAKER. On the question of the adoption of the only for people who are still on welfare hying to find jobs or for DeWeese amendment, the Chair recognizes the gentleman, people who have moved into the work area, that either the day care Mr. DeWeese. is too expensive for them to afford the copays or the system which Mr. DeWEESE. Thank you, Mr. Speaker. administrates the day care is too complicated to have a smooth SR 97 we believe would be enhanced by the language that we transition from one day care to another as the parents' needs are are offering on this amendment also. This deals with the kids changing. And we bow that there are people who need to adjust whose parents are going from welfare to work, and again, simply, their child's day care but cannot do it because no welfare offices we are only asking that the task force focus in on some of the very are open when these people are free, and we expect them to work, crucial issues in ow State. Many of you if not all of you voted in so they cannot take time off and go down figure out what has favor of the welfare reform legislation in a recent session of the and happened with their child's day care. And I think it is very General Assembly, and perforce of law, many moms, single moms, important for us to concentrate on this population, especially are in the workforce now, and many kids -latchkey kids, etcetera -are in circumstances that they were not in a couple of years ago. because we are the people, as our leader has said, who force this The SPEAKER. Mr. DeWeese, may I interrupt you for a kind of situation on welfare recipients, and all of them have moment? children, almost all of them are women, and all of them need day The students from the Philadelphia School for the Deaf are now care. If they were all men, of course they would need day care, too, leaving the House chambers. Although they may not hear your but I expect that the response in the chamber would be a little bit applause, they can see it. different if they were all men. I apologize to the gentleman, Mr. DeWeese. You may continue. So I would suggest that this is a 'yes" vote and it is a good Mr. DeWEESE. No apology necessary, Mr. Speaker. "yes" vote, and it will improve the performance of this group that As I was saying, welfare-to-work is a brand-new concept in ow we are setting up by this resolution. Thank you, Mr. Speaker. State and a brand-new concept for many of the youngsters amongst The SPEAKER. The Chair thanks the lady. our Commonwealth population. We are only asking that SR 97 have some additional language via this amendment that would On the question retuning, Will the House agree to the amendment? focus our task force, and the many, many, many people in the advisory group that the gentlelady from Lehigh referred to in the The following roll call was recorded: amendment debate on the fmt amendment, many of these folks will be able to zoom in on our welfare-to-work phenomenon where tens of thousands of Pennsylvania youngsters are in settings that are comparatively alien. And again, sir, we are just trying to hone Banisto Freeman McCall Shaner the language of the resolution and make the General Assembly Bebko-Jones George McGeehan Solobay Belardi Giglioni Melio Staback responsive to what we consider to be very specific needs of young Belfanti Gordner Michlovic Steelman people in the Commonwealth. Thank you. ButkoviQ Mundy Stetler The SPEAKER. The Chair thanks the gentleman and recognizes Buxton Myers Sturla Caltagimne Oliver Sum the lady, Mrs. Harhart. Cappabianca Hanna Pewi Tangreni Mrs. HARHART. Thank you, Mr. Speaker. Cam Harhai Petrarca Thomas I respectfully ask my colleagues to vote "no" on this Casorio Horsey Peuone Tigue Cawley James Pistella Travaglio amendment. Thank you. Cohen, M. Josephs Preston Trello The SPEAKER. The Chair thanks the lady. Colafella Kaiser Ramos Trich On the question, Mr. DeWeese. Comgan Keller Readshaw Van Home costa Kirkland Rieger Vmn Mr. DeWEESE. Without burdening the chamber, in 24 years COY LaGr0tta Roberts Vitali I do not remember anyone that would refuse to say why they were curry Laughlin Robinson Walko against an amendment. Daley Lederer Raebuck Washington DeLuca Lerovia Rcaney Waters The SPEAKER. Those in favor of the amendment will vote Dermody LevdaNky Ruffing Williams "aye"- Ms. Josephs. DeWeese Lucyk Sainato Wojnaroski Ms. JOSEPHS. Thank you. Thank you, Mr. Speaker. Danatucci Manderino Samuelson Yewcic Eachus Mann Santoni Youngblood This is a good amendment. We are aware that children of Evans Markosek Scrimenti Yudichak women, mostly women, who have been moved from welfare to Frankel Mayemik work are in a special category, and they need to be looked at specially. We are aware but we are not sure what the extent is of their losing medical coverage. They should not be losing medical 2172 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 16 Amend Resolution, page 3, by inserting between lines 18 and 19 I RESOLVED,That the task force review and assess the effectiveness Adolph Fairchild Major Schroder of the Commonwealth's managed care program, Healthchoices, to protect Allen Fargo Marsico Schuler and respond to the health and safety needs of children in the children and Argall Feese Masland Semmel I youth services delivery system; and be it funher Armstrong Fichter Mffiill Serafini I w Baker Fleagle Mcllhattan Seyfen Bard Flick Mcllhinney Smith, B. On the question, Barley Forcier McNaughton Smith, S. H. Will the House agree to the amendment? Banar Gannon Metcalfe Snyder Bastian Geist Micozzie Stairs I Benninghoff Gladeck Miller, R. Steil The SPEAKER. On the question of the adoption of the Birmelin Godshall Miller, S. Stem amendment, the Chair recognizes the gentleman, Mr. DeWeese. BOY= Habay Nailor Stevenson Mr. DeWEESE. Thank you, Mr. Speaker. Browne Hahan Nickol Suimnaner This amendment is relatively similar in its direction. We have Bunt Hasay O'Brien Taylor, E. Z. Chadwick Hennessey One Taylor, J. a phenomenon in the late 20th century known as managed care. Civera Herman Perzel True We are asking by virtue of this amendment that the task force look Clark Hershey Phillips Tulli at managed care and its impact upon children in owState. Clymer Hess P~PPY Vance Again, it is very difficult to fathom anybody being against these Cohen, L. I. Hutchinson Plate Wilt Comell Jadlowiec Raymond Wogan amendments, but nevertheless, managed care is a very complicated Dailey Kenney Reinard Wright delivery system, and for ow youngsters who are negatively Dally K~ebs Rohrer Zimmemn impacted by this rather modem system, this kind of focus for the Demprey Leh ROS zug task force and for the advisory group would he of immeasurable DiGirolamo Lynch Rubley Druce Maher Sather Ryan, help, and along those lines I would ask for an aftinnative vote. Egolf Maitland Saylor Speaker Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. NOT VOTING0 Mrs. Harhart. Mrs. mT.Thank you, Mr. Speaker. Again, I respectfully ask my colleagues to vote "no" on this amendment. Thank yon. Bishop Blaum Lawless The SPEAKER. The Chair thanks the lady. On the question renuring, Less than the majority having voted in the affirmative, the will the H~~~~agree to the question was determined in the negative and the amendment was not agreed to I The following roll call was recorded: On the question recurring, YEAS-98 Will the House adopt the resolution? Bamsto Freeman~ ~ McCall Shaner Bebko-Jones George McGeehan Solobay Mr. DeWEESE offered the following amendment No. A4467: Belardi Giglioni Melio Staback Belfaati Gordner Michlovic Steelman Amend Fim Resolve Clause, page 2, line 24, by striking out "a" ButkoviQ Grucela Mundy Stetler and inserting Buxton Gruitza Myen Stutla Cahagirone Haluska Oliwr Sm an eight-member Cappabianca Hanna Peri Tangmi Amend First Resolve Clause, page 2, lines 24 and 25, by striking Cam Harhai Pemrca Thomas out "of four members of the Senate and four members of the House of Casorio Horsey Petmne T~gue Representatives" and inserting Cawley James Pistella Travaglio composed of the chairperson and the minority chairperson of the Cohen, M. Josephs Reston T~ello Colafella Kaiser Ramos Trich Aging and Youth Committee of the Senate and the chairperson and Corrigan Keller Readshaw Van Home minority chairperson of the Public Health and Welfare Committee of the Costa Kirkland Rieger Veon Senate and the chaimerson and minoritv chaimerson of the Aeine and Cov u - LaGrotm Robe- Vitali Youth Committee of the House of Representatives and the chairperson c".~ Laughlin Robinsan Walko and minority chairperson of the Health and Human Services Committee Lederer Roebuck Washington DeLuca LeroriQ Rmney Waters of the House of Representatives Dennody Levdansky Ruffing Williams Amend Second Resolve Clause, page 3, lines I through 5, by Sainafn . . - -neweee - ...... T.r~cvk --. .. -.- Woinarmki2--- striking out all of said lines Donarucci Manderino Samuelson Yewcic Amend Fifth Resolve Clause, page 3, line 14, by inserting after Eachus Mann Santoni Youngblmd 'Lf,,rr." Evans Markosek Scrimenti Yudichak Frankel Mayemik , including four appointees, one each appointed by the President pro temDore of the Senate. the Minoritv Leader of the Senate. the Sneaker of the House of Representatives and the Minority Leader of the House of Representatives Adolph Fairchild Major Schmder Allen Fargo Marsico Schuler A~gall Feese Masland Semmel 1999 LEGISLATIVE JOURNAGHOUSE 2173 Armstrong Fichter McGill Serafin, , including four appointees, one each appointed by the President pro Baker Fleagle Mcllhattan Seyfen tempore of the Senate, the Minority Leader of the Senate, the Speaker of Bard Flick Mcllhinney Smith, B. the House of Representatives and the Minority Leader of the House of Barley Farcier McNaughton Smith, S. H. Representatives Bm Cannon Metcalfe Snyder Bastian Geist Micouie Stain Benninghoff Gladeck Miller, R. Steil On the question, Birmelin Godshall Miller, S. Stem Will the House agree to the amendment? BOY~S Habay Nailor Stevenson ~r6wne ~arh& Nickol Strimaner Bunt Hasay O'Brien Taylor, E. Z. The SPEAKER. On the questjon of the adoption of the Chadwick Hennessey Chie Taylor, I. DeWeese amendment A4251, the gentleman, Mr. DeWeese, is Civera Herman Penel True recognized. Clark Hershey Phillips Tulli Mr. DeWEESE. Thank you, Mr. Speaker. Clymer Hess P~PPY Vance Cohen, L. I. Hutchinson Plans Wilt This deals with the membership - final amendment - deals with Cwnell Jadlowiec Raymond Wow the membership, and I do this in the spirit of compromise. The Dailey Kenney Reinard Wright lady 'om the Lehigh Valley could serve on the task force or Dally Kiebs Rohrer Zimmerman someone whom she was propelling toward that end could serve on Dempsey Leh Ross Zug DiGirolamo Lymch Rubley the task force. This would allow our chairmen of Aging and Youth huce Maher Sather Ryan, majority and minority, as well as our Health and Human Services Egolf Maitland Saylor Speaker chairmen, majority and minority, or any of their designees. This amendment says it does not just have to be members of the House; obviously this is a fallback position. My conjecture is I will not NOT VOTING4 receive too much additional support on this vote, but nevertheless, it was designed as a peacemaker. So the gentlelady's protestations of earlier amendments, I think, deliquesce with this wonderfully EXCUSE-3 happy compromise language that would allow her to serve, not just her chairpersons, would allow some of her experts back home in Bishop Blawn Lawless the Lehigh Valley in the delivery of children and youth services to serve. So if anvone is aeainst this one. I will be befuddled. Less than the majority having voted in the affmative, the The SPEAKER. M;. Hashart. question was determined in the negative and the amendment was Mrs. HARHART. Again, I respectfully ask my colleagues to not agreed to. vote ''no" on this amendment. On the question recurring, On the question recurring, Will the House adopt the resolution? Will the House agree to the amendment? The SPEAKER. Mr. DeWeese, would you give me the number The following roll call was recorded: of the amendment you wish to offer at this time? Mr. DeWEESE. Mr. Speaker, I believe it is 4251. Banisto Freeman McCall Shaner On the question recurring, Bebko-Jones McGeehan solobay Belardi Gigliotri Melio Staback Will the House adopt the resolution? Belfanti Gordner Michlovic Steelman Butkovitz Grucela Mundy Stetler Mr. DeWEESE offered the following amendment No. A4251: Buxton Gruitza Myers Sturla Caltagirone Haluska Oliver Sum Cappabianca Hanna Pesci Tangreni Amend First Resolve Clause, page 2, line 24, by striking out "a" Cam Harhai Petrarca Thomas and inserting casorio Horsey Pevone Tigue an eight-member Cawley James Pinella Travaglio Amend First Resolve Clause, page 2, lines 24 and 25, by striking Cohen, M. losephs %ton Trello Colafelia Kaiser Ramos Trich out "of four members of the Senate and four members of the House of comgan Keller Readshaw Van Home Representatives" and insemng costa Kirkland Rieger Vean composed of the chairperson and the minority chairperson of the COY LaGmtta Roberts Aging and Youth Committee of the Senate and the chairperson and curry Laughlin Robinwn Walko minority chairperson of the Public Health and Welfare Committee of the Daley Lgierer Roebuck Washington DeLuca Leravia Rmey Waters Senate and the chairperson and minority chairperson of the Aging and Dermcdy Levdansky Rufing Williams Youth Committee of the House of Representatives and the chairperson DeWerse Lucyk Sainata Wojnamski and minority chairperson of the Health and Human Services Committee Donarucci Manderino Samuelson Yewcic of the House of Representatives or legislative members designated in their Eachus Mann Santoni Youngblood stead Evans Markosek Scrimenti Yudichak Frankel Amend Second Resolve Clause, page 3, lines I through 5, by Mayemik striking out all of said lines Amend Fifth Resolve Clause, page 3, line 14, by inserting after "force" 2174 LEGISLATIVE J( URNAhHOUSE NOVEMBER 16 The SPEAKER. On the question of the adoption of the amendment, Mr. DeWeese. Adolph Fairchild Major Schrodet Mr. DeWEESE. I was in a sidebar. Would the gentleman - I Allen Fargo Marsico Schuler apologize - would the gentleman just give me that 30-second Argall Feese Masland Semmel d Armstrang Fichter McGill Serafini comment again? I apologize. Baker Fleagle Mcllham Seyfert Mr. SNYDER. I&.speaker, this amendment simply requires Bard Flick Mcllhimey Smith, B. that the study be concluded within 2 years. Barley Forcier McNaughton Smith, S. H. Barn Gannon Metcalfe Snyder The SPEAKER. On the question of the adoption of the Bastian Geist Micouie Stain amendment, Mrs. Harhart, comments? Benninghoff Gladeck Miller, R. Steil Mrs. HARHART. Thank you, Mr. Speaker. Bimelin Godshall Miller, S. Stem This is an agreed-to amendment. Thank you. Boys Habay Nailar Stevenson Browne Harhan Nickol Strimaner The SPEAKER. The Chair thanks the lady. Bun1 H=Y O'Brien Taylor, E. 2. Chadwick Hemessey Orie Taylor, J. On the question recurring, Civera Heman Peml True Clark Hershey Phillips Tulli Will the House agree to the amendment? Clymer Hess pimy Vance Cohen, L. I. Hutchinson Plam Wilt (Members proceeded to vote.) Cornell Jadlowis Raymond Wow Dailey Kenney Reinard Wright Dally Krebs Rohrer Zimmerman Mr. DeWEESE. Mr. Speaker? Mr. Speaker? Dempsey Leh Ross The SPEAKER. There is nothing in order but the taking of the DiGirolamo Lynch Rubley vote. Druce Maher Sather Ryan, Mr. DeWEESE. Mr. Speaker, there was nothing on the hoard Egolf Maitland Saylor Speaker when I went to the microphone. NOT VOTING4 VOTE STRICKEN The SPEAKER. There was indeed. Saike the vote, Bishop Blaum Lawless Mr. Befuddled. Mr. DeWEESE. I enjoy the rough-and-mble and I enjoy the Less than the majority having voted in the affirmative, the forensic moment in many ways, because you are such a worthy foe, question was determined in the negative and the amendment was Mr. Speaker. not agreed to. Thank you for your consideration. I only have one quick question for the gentleman, if he will stand for interrogation. On the question recurring, The SPEAKER. The gentleman, Mr. Snyder, indicates he will Will the House adopt the resolution? stand for interrogation. You may begin, on the amendment. Mr. DeWEESE. Yes, sir, Mr. Speaker. The SPEAKER. The Chair recognizes the gentleman, I only want to know if the advocacy groups out in the State that Mr. Snyder, who offers the following amendment, which the clerk deal with these children's services have discussed this time will now read. This is labeled a "Perzel" amendment. limitation with you, are in favor of this? It is something that I am not aware of one way or the other, so I have no information. On the question recurring, Mr. SNYDER. Mr. Speaker, I am not quite sure if the advocacy Will the House adopt the resolution? groups have done it, but it is something that has been discussed by some of the members who have concern about this going on Mr. SNYDER offered the following amendment No. A4470: without any time limitation, that the study be completed so legislative action can be taken as a result of this study. Amend Title, page 1, lines 3 and 4, by striking out "on an ongoing Mr. DeWEESE. I would, Mr. Speaker, I would join with the- basis" The SPEAKER. The gentleman, Mr. DeWeese. Amend Sixth Resolve Clause, page 3, line 19, by inserting after Mr. DeWEESE. --with the gentlelady, Mrs. Harhart, and say "me," it is agreed to. but not later than two years after the enactment of this resolution, conclude its study and On the question recurring, Will the House agree to the amendment? On the question, Will the House agree to the amendment? The following roll call was recorded: The SPEAKER. On the question of the adoption of the amendment, the gentleman, Mr. Snyder. Mr. SNYDER. Mr. Speaker, this simply puts a 2-year limitation Adolph Fargo Marsico Schuler on the task force, and I ask for approval of the amendment. Allen Feese Masland Scrimenti Argall Fichter Mayernik Semmel 1999 LEGISLATIVE JOURNAGHOUSE 2175 I Armsrrong Fleagle McCall Serafini efforts to amend this proposal to help poor kids, stood tall and Baker Flick McGeehan Seyfert negated our amendment to help socially disadvantaged kids whose Bard Forcier McGill Shaner Barley Frankel Mcllhattan Smith, B. moms -mostly moms, some dads- are on public assistance for the Barrar Freeman Mcllhinney Smith, S. H first time ever and are having very, very difficult challenges at Bastian Gannon McNaughton Snyder Banisto Geist Melio Solobay home. Bebko-Jones Georee Metcalfe Staback I will vote for concurrence in SR 97 notwithstanding the fact ~elardi ~igli&i Michlovic Stairs that the Republican majority voted against our efforts-to make Belfanti Gladeck Micozzie Steelman Benninghoff Godshall Miller, R. Steil specific within the task force guidelines the notion that we should Birmelin Gordner Miller, S. Stem explore the reasons why so many youngsters were murdered, Boyes Gmcela Mundy Stetler beaten, or molested last year in the language of the resolution. Our Browne Gruitza Myen Stevenson Bunt Habay Nailor Shimnaner amendment was not political, our amendment was not pernicious; Butkovitz Haluska Nickol SNrla we were trying to tighten up the language. Why the gentlelady Buxton Hanna O'Brien Suna fought us, we do not know. But nevertheless, nevertheless, the Caltagirone Harhai Oliver Tangreni Cappabianca Harhan Orie Taylor, E. Z resolution should be concurred in, and it will receive, I hope, a Cam Hasav Perrel Taylor. I. favorable vote from manv of us on this side of the aisle. casorio ~eniessey Pesci ~homas Thank you very much, Mr. Speaker. Cawley Herman Petma Tigue Chadwick Hershey Petrone Travaglio The SPEAKER. Thank you, sir. Civera Hess Phillips Trello On the question, the lady, Mrs. Harhart, is recognized on Clark Horsey Pimy T"ch fmal passage. Clymer Hutchinson Pistella True Cohen. L. I. Jadlowiec Plans Tulli Mrs. HARHART. Thank you, Mr. Speaker. Cohen, M. James Reston Vance I urge my colleagues to vote "yes" on this important resolution. Colafella Josephs Ramos Van Home Cornell Kaiser Raymond Vmn This resolutioq it will study our children and youth services and comgan Keller Readshaw Vitali will not limit the scope to any issues that concern our at-risk corn Kenney Reinard Walko children, and I am looking forward to working in a bipartisan COY Kirkland Rieger Washington manner to help our at-risk children in the State of Pennsylvania. curri Krebs Roberts Waters Dailev LaGrom Robinson Williams Thank yon, Mr. Speaker. Daley Laughlin Roebuck Wilt T~~-sPEAKER.The Chair thanks the lady Dally Lederer Rohrer wow DeLuca Leh Rmei Wojnarmki Demprey LesCoviQ Ross Wright REMARKS SUBMITTED FOR THE RECORD Dermody Levdansky Rubley Yeweic DeWeese Lucyk Ruffing Youngblmd DiGlrolamo Lynch Sainato Yudichak Mrs. HARHART submitted the following remarks for the Donarucci Maher Samuelson Zimmerman Legislative Journal: Dmce Maitland Santoni zug Eachus Major Sather Egolf Mandenno Saylor Ryan, Thank you, Mr. Speaker. Evans Mam Schroder Speaker Concurrent resolution 97 directs the Joint State Government Fairchild Markosek Commission, a bipartisan service agency of the General Assembly, to establish an eight-member legislative task force to study the State's children and youth services system. The goal of the study is to determine whether the current system is meeting the needs of the at-risk children and families it is designed to serve, and what corrective measures, if any, are necessary. This study is the next step in an ongoing, comprehensive examination NOT VOTING4 of Pennsvlvania's svstem of children and vouth services. The first steo was the idoption of my HR 426 in ~aiof 1998 that directed & Legislative Budget and Finance Committee to conduct an audit of the EXCUSEP3 system. The committee's report was issued earlier this year and contains a number of very significant findings that have raised some concerns Bishop Blaum Lawless about how effectively we are serving our children and families, especially those that are at risk. Clearly, we need to improve the level of services we provide to The majority having voted in the affitive, the question was children and youth, and the performance audit was a very good place to determined in the affitive and the amendment was agreed to. start Now we need to take the next step and examine the committee's recommendations in more detail so we can develoo. leeislation- that will ensure our children and families are being served as effectively as On the question, possible. Will the House adopt the resolution as amended? We need to look at areas such as: t fiscal issues The SPEAKER. On the question of the resolution, the t the increased number of children in out-of-home care gentleman, Mr. DeWeese, desires recognition. t high caseloads and caseworker turnover Mr. DeWEESE. Thank you, Mr. Speaker. 4 and placement services for children who cannot live with SR 97 will receive a favorable vote from me notwithstanding their birth parents. the fact that the Republican majority stood tall and negated our These are very important issues that deserve to be studied carefully and comprehensively. 2176 LEGISLATIVE JOURNAGHOUSE NOVEMBER 16 1 The task force established by this resolution is bicameral and The majority of the members elected to the House having voted bipartisan and would be able to concentrate all of its efforts on studying affmtive. in the ~ the ouestion was determined in the affirmative I -~-~~ ~.~--~ ~a~ - children and youth services and developing recommendations. and the resolution as amended was concurred in. I feel it would be the most efficient and cost-effective way for the Ordered, That the the Senate accordingly, General Assembly to accomplish this important study of our children and J youth services. The SPEAKER. The lady, Ms. Josephs. For what purpose does Mr. Speaker, I urge a positive vote on SR 97. Thank you 3 the lady rise? On the question recurring, Ms. JOSEPHS. A brief statement on unanimous consent, Will the House adopt the resolution as amended? Mr. Speaker, please. The SPEAKER. Could the ladv wait? We are still on the The following roll call was recorded: calendar, and we have several more votes. Ms. JOSEPHS. Yes, certainly. Thank you, Mr. Speaker. I Certainly. The SPEAKER. The Chair will recognize the lady as soon as Adolph Fargo Marsico Schuler the voting session is concluded. Allen Fsese Masland Scrimenti AIgall Fichter Mayemik Semmel Armstrong Fleagle McCall Serafini SENATE MESSAGE Baker Flick McGeehan Seyfen Bard Forcier McGill Shaner Barley Ftankel Mcllhanan Smith, B. SENATE INSISTS ON AMENDMENTS Barrar Freeman McIlhinney Smith, S. H NONCONCURRED IN BY HOUSE Snyder Wian Gmn McNaughton ! Banisto Geist Melio solokay Bebko-Jones George Metcalfe Staback The clerk of the Senate, being introduced, informed that the Belardi Gigliotti Michlovic Stairs Senate has insisted upon its amendments nonconcurred in by the Belfanti Gladeck Micouie Steelman Benninghoff Godshall Miller, R. Steil House of Representatives to SB 1100, PN 1408. Birmelin Gordner Miller, S. Stem Boys Gmcela Mundy Stetler Browne Gmitza Myen Stevenson MOTION TO RECEDE FROM Bunt Habay Nailor Suitmatter NONCONCURRENCE Butkoviu Haluska Nickol Sturla Buxron Hanna O'Brien Suna IN SENATE AMENDMENTS Caltagimne Harhai Oliver Tangreui Cappabianca Haman Me Taylor, E. 2. The SPEAKER. The Chair recognizes the Republican whip. e Cam Hasay Peml Taylor, J. Mr. SNYDER Mr. Speaker, I move that the House recede casorio Hennessey Pesci Thomas om Cawley Herman Petrarca Tigue its nonconcurrence to SB 1100. Chadwick Henhey Penone Tmvaglio Civera Hess Phillips Trello On the Clark Horsey P~WY rich question, Clymer Hutchinson Pistella TNe Will the House agree to the motion? Cohen, L. I. Jadlowiec Plm Tulli Cohcn, M. James Preston Vance Colafella Josephs Ramar Van Home The following roll call was recorded: Comell Kaiser Raymond Veon Comgan Keller Readshaw Vitali YEAS197 Costa Kenney Reinard Walko COY Kirkland Rieger Washington Adolph Fairchild Markosek Scrimenti Roberts Waten cuny Krebs Allen Fargo Marsico Semmel Dailey Lamm Robinson Williams Argall Feese Masland Serafini Daley Laughlin Roebuck Wilt Armstrong Fichter Mayemik Sejfen Dally Lederer Rohrer Wogan Baker Fleagle McCall Shaner DeLuca Leh Rconey Wojnaroski BaId Flick McGeehan Smith, B. Dem~sey Lescoriu Ross Wright Barley Forcier McGill Smith, S. H Dermody Levdansky Rvbley Yewcic Barrar Ftankel Mcllhattan Snyder DeWeese Lucyk Ruffing Youngblood Bastian Freeman Mcllhinney Solobay DiGimlarno Lynch Sainato Yudichak Battisto Gannon McNaughton Staback hnatucci Maher Samuelson Bebko-Jones Geist Melio Stain Maitland Santoni Dmce Belardi George Metcalfe Steelman Eachus Major Sather Belfanti Giglioui Michlovic Steil Egolf Manderino Saylor Ryan, Benninghoff Gladeck Micome Ste", Evans Mmn Schroder Speaker Birmelin Godshall Miller, R. Stetler Fairchild MarkOsek Boyes Gardner Mundy Stevenson Bmwne Gracela Myers Suinmaner Bunt GNiQa Nailor SNrla Bu&ovia Habay Nickal Sum Buxton Haluska O'Brien Tangreni NOT VOTING4 Caltagirone Hanna Oliver Taylor, E. 2. * Cappabianca Harhai Me Taylor, J. Cam Harhan Petzel Thomas EXCUSEI%3 Casorio Hasay Pesci Tigue Cawley Hennessey Petrarca Travaglio Bisho~ Blaum Lawless Chadwick Heman Penone Trello 1999 LEGISLATIVE JOURNAL-HOUSE 2177' Civera Hershey Phillips Tririch worthy name coming from good background from the borough of Clark Hess P~WY True Coraopolis. Clymer Horsey Pistella Tulli Cohen, L. I. Hutchinson Preston Vance Thank you, and I would appreciate an affmative vote. COhen, M. Jadlowiec Ramos Van Home The SPEAKER. The Chair thanks the gentleman. Colafella James Raymond Veon Camell Josephs Readshaw Vitali On the question of concurrence, those in favor will vote conigan Kaiser Reinard walko "aye'- Mr. Lynch. Costa Keiler Rieger Washington Mr. LYNCH. Thank you, Mr. Speaker. COY Kenney Roberts Waters This is a bill that we had a problem with here a day or so ago, cuv Kirkland Robinsan Williams Dailey LaGmtta Roebuck Wilt and I just want to remind those who are unaware of it thai there has Ddey Laughlin Rohrer Wogan been an agreement made with the Senate, and we will be tunning Daily Lederer Rooney Wojnaroski DeLuca Leh Ross Wright language naming the road in Erie that Representative Scrimenti has D~~P=Y Lescoria Rubley Yewcic offered as the Hopkins-Bowser road, and I would appreciate a Demody Levdansky Ruffing Youngblaod concurrence on this bill. Thank you, Mr. Speaker. DeWeese Lucyk Sainata Yudichak DiGirolamo Lynch Samuelson Zimmerman The SPEAKER. The Chair thanks the gentleman. Donarucci Maher Santoni zug hce Maitland Sather On the question recurring, Eachus Major Saylor Ryan, Egolf Manderino Schroder Speaker Will the House concur in Senate amendments to House Evans Mann Schuler amendments? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. Krebs Miller, S. The following roll call was recorded: NOT VOTING1 YEAS199 Plans Adolph Fargo Mmico Schuler ~lle" ~ee& Masland Scrimenti Argall Fichter Mayemik Semmel Armstmng Fleagle McCall Serafini Bishop Blaum Lawless Baker Flick McGeehan Seyfert Bard Forcier McGill Shaner Barley Frankel Mcllhattan Smith, B. Barrar Freeman Mcllhinney Smith, S. H. The majority having voted in the affitive, the question was Bastian Gannon McNaughton Snyder Banisto Geirt Melio Solobay determined in the aftinnative and the motion was agreed to. Bebko-Jones George Metcalfe Staback Belardi Giglioni Michlovic Stain The SPEAKER. The majority having voted in favor of the Belfanti Gladeck Micozrie Steelman Benninghoff Godshall Miller, R. Steil motion, the House has receded from its nonconcurrence. Birmelin Gordner Miller, S. Stem BOYS Grucela Mundy Stetlff Browne Gmiiza Myen Stevenson SUPPLEMENTAL CALENDAR C Bvnt Habay Nailor Smmnaner ButkoviQ Haluska Nickol Srurla Buxton Hanna O'Brien sura BILL ON CONCURRENCE Caltagimne Harhai Oliver Tangretti IN SENATE AMENDMENTS Cappabianca HarhaR One Taylor, E. Z. Cam Hasay Peml Taylor, J. TO HOUSE AMENDMENTS Casorio Hennessey Pesci Thomas Cawley Herman Petrarca Tigue The House proceeded to consideration of concurrence in Chadwick Hershey Petmne Travaglio Senate amendments to House amendments to SB 1100, 1408, Civera Hess Phillips Trello PN Clark Horsey P~WY Trich entitled: Clymer Hutchinson Pistella True Cohen, L. I. Jadlowiec Plam Tulli An Act designating a portion of U.S. Route 322 in Mifflin County Cohen, M. James Preston Vance Josephs RamOS Van Home and Centre County as the 1. Doyle Corman Highway. Colafella Cornell Kaiser Raymond Veon Conigan Keller Readshaw Vitali On the question, Costa Kenney Reinard walko Will the House concur in Senate amendments to House COY Kirkland Rieger Washington curry bGmtta Roberts Waters amendments? Dailey bughiin Robinson Williams Daley LedeIeI Roebuck Wilt The SPEAKER. On that question, Mr. Trello. an; Leh Rohrer Wogan DeLuca LescoviQ Rooney Wojnaroski Mr. TRELLO. Mr. Speaker, I would just like to let everybody Dempsey Levdansky Ross Wright in this General Assembly how that J. Doyle Cormau lived on Dermody Lucyk Rubley Yewcic Vance Avenue in Coraopolis when he was a kid, and he moved to DeWeese Lynch Rufing Youngblood DiGiiolamo Maher Sainato Yudichak Centre County when he was about 5 or 6 years old. So it is a very Donatucci Maitland Samuelson Zimmerman Druce Major Santoni zug 2178 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 16 I Eachus Manderino Sather STATEMENT BY MR DRUCE Egolf Mann Saylor Ryan, Evans Mlrkosek Schroder Speaker I Fairchild The SPEAKER. The gentleman, Mr. Druce. Mr. DRUCE. Mr. Speaker, may I be recognized under unanimous consent? * The SPEAKER. The gentleman is recognized. 2 Krebs Mr. DRUCE. Thank you, Mr. Speaker. I understand that many of the members are leaving the hall, but NOT VOTING4 I just wanted to point out for their information that I have left in their mailboxes some articles that appeared in our clips recently EXCUSED-3 about some comments that were made by the superintendent of the Philadelphia school system, Mr. Hornbeck, at a speech in Bishop BlaW Lawless Cleveland recently, and the members of this General Assembly ought to be concerned about those comments, because he in me majority required by the constitution having voted in the essence said that we vote the way we do on educational policy up aktive,the question was determined in the affvmative and the he", Mr. Speaker, based On race. I frankly, Mr. Speaker, for one, think amendments to House amendments were concurred in. was offended by those remarks. I he owes this General Ordered, That the clerk inform the Senate accordingly. Assembly an apology. When we return in December, I am ~re~aredto introduce a resolution urging- - the mavor-elect not to reappoint him as superintendent if he fails to deliver that apology STATEMENT BY MS. JOSEPHS to this General Assembly. I have copies of his speech for members who would like to see The SPEAKER. There are no further votes at this time other but I believe we make our decision based on numbers and than votes, but the Chair is now recognizing the policies and a whole host of other factors. 1 do not believe a lady, Ms. Josephs, and 1 think she deserves the courtesy of your single member in this body votes on race as their reason, as anention. .. . . Mr. Hornbeck had cited. Ms. Josephs. Thank you, Mr. Speaker. Ms. JOSEPHS. Thank you. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. I was very impressed by the signer, the one in the front and the The lady, Ms. Josephs. woman in the back neither one of whom tlimched one second even Ms. JOSEPHS. With respect to the comments of the previous though it was our minority speaker who was letting the words of speaker, one sentence: The truth is an absolute defense. wisdom fall from b~slips, and I wonder if you, Mr. Speaker, might Thank you, Mr. Speaker. look into the possibility that we could have a signer here all the The SPEAKER. The gentlemq Mr. Roebuck. time that could go on PCN (Pennsylvania Cable Network) so that Mr. ROEBUCK. Thank you, Mr. Speaker. people who are hearing impaired would have the opportunity to I certainly have very serious questions about remarks that were hear what all of us have to say? made as we were walking out of the chamber. I certainly believe Thank you, Mr. Speaker. that it is the right of any public official to make statements without The SPEAKER. The Chair thanks the lady. the fear of retaliation by individual members of this body. I am personally offended that those comments were made, and I think EhVIRONMENTAL RESOURCES they were out of order, Mr. Speaker. mDEZIERGY CO.M.MITTEE MEETING Thank you. The SPEAKER. Mr. Cohen. The SPEAKER. Mr. Hershey. Mr. COHEN. Thank you, Mr. Speaker. Mr. HERSHEY. Thank you, Mr. Speaker. Mr. Speaker, the fact that Mr. DNC~or other members of this I want to announce that immediately, the committee on House may disagree with remarks made by the superintendent of environmental affairs will be meeting in the Man Ryan Building, schools is absolutely no reason to attempt to use the powers of this room 205, immediately. It will take about 20 minutes. Thank you House to seek his firing. As Mr. Roebuck said, people in this very much. country, even people who are despised by every single member of The SPEAKER. The Chair thanks the gentleman. the State House, have the right to speak. It is not a right that we graciously give people because we like them. Freedom of speech The Chair would remind the members that tomorrow is a token for those we like is meaningless. Mr. Hornbeck's freedom of session day. speech is not dependent on whether he has a majority support in - Any further announcements? Corrections to the record? the House of Representatives or not; it is something inherent in Mr. Sturla, I cannot hear you without the microphone. every American citizen and every Pennsylvania citizen. The Chair recognizes the gentleman. To attempt to mule Superintendent Hornbeck's speech Mr. STURLA. Thank you, Mr. Speaker. is an outrage. It is an invitation to endless fulther litigation. In w Do you have any further information about our December New York, Mayor Rudy Giuliani does not like the speech that has schedule? been made by various officials in the public and private sectors of The SPEAKER. I do not; no. New York, and he has bogged the city of New York down in huge Mr. STURLA. Okay. Thank you, Mr. Speaker. LEGISLATIVE JOURNAGHOUSE amounts of futile litigation over whether he as mayor has the right again, Mr. Speaker, that the gentleman not try to make a mountain to interfere with speech. It is a dead end. out of a molehill and that we not debate this when we come back It is also kind of silly. If you were offended by his remarks, why in December. are you endlessly seeking to publicize them? Is it your goal to see that every single Pennsylvanian knows what Mr. Hombeck said? The SPEAKER. Does the majority leader or minority leader Is your goal to have every single Pennsylvanian discussing have any further business? Any announcements? Corrections to the Mr. Hombeck's remarks? If you are so outraged by this charge, record? why are you so determined to make this speech that he gave to a small number of people a statewide issue? HOUSE BILL Mr. Speaker, the members of this House can do wise things and INTRODUCED AND REFERRED we can do foolish thiigs. The anempt to discipline a school superintendent because his remarks are disagreed with is at the No. 2088 By Representative FAIRCHILD very best a very, very foolish thing. I would hope over the next several weeks the maker of this threat would reconsider this threat An Act authorizing the Department of General Se~ces,with the and decide to let Mr. Hornbeck speak and to let a speech be just a approval of the Governor, to grant a water line right-of-way in speech and not an ongoing public issue. Pem Township, Snyder County, Pennsylvania. The SPEAKER. Mr. D~ce. Mr. DRUCE. Thank you, Mr. Speaker. Referred to Committee on STATE GOVERNMENT, First let me apologize to the gentleman from Philadelphia. I had November 16, 1999. made every anempt to try to be recognized previously during the work of our calendar to make my remarks when all members were SENATE BILL FOR CONCURRENCE here, and I believe when the gentlelady from Philadelphia then spoke, we got to a point of unanimous consent remarks. So in no The clerk of the Senate, being introduced, presented the way was I attempting to make remarks as we were leaving this following bill for concurrence: chamber. To the distinguished gentleman in leadership on the other side of the aisle, I just respectfully disagree. When a member of that stature and someone in a position of responsibility comes to this Referred to Committee on INTERGOVERNMENTAL General Assembly seeking hundreds of millions of dollars every AFFAIRS, November 16, 1999. year and then has the audacity to make a claim in a speech in some other State, as if we would not hear about it, that our decisions are STATE GOVERNMENT predicated upon race, I frankly am offended, and I think if he were COMMITTEE MEETING a little bit brighter, he would realize that those of us in the suburbs who understand the value of the city of Philadelphia, who want to The SPEAKER. Mr. Clyrner. be helpful, he would reach out to people like those of us in the Mr. CLYMER. Thank you, Mr. Speaker. suburbs and not make such a broad-brush claim that somehow our For those members that are in their oftices and listening, a judgments are based on something other than numbers or other State Government meeting tomorrow at 9:30in the majority caucus than public policy. room. Sir, you have every right not to cosponsor my resolution. In The SPEAKER. The Chair thanks the gentleman. fact, you have every right not to vote for it. I intend to introduce it if he does not apologize to this General Assembly. I think we are better than that. I think he was wrong. He is entitled to his opinion BILLS AND RESOLUTIONS PASSED OVER about how we may distribute money and the numbers compared to The SPEAKER. Without objection, all remaining bills and other school districts, but he has no right to pass judgment on our resolutions on today's calendar will be passed over. The Chaii intent for why we vote the way we do, and that is in essence what hears no objection. he did, and that is what is wrong, and in his position he should not do that. I respectfully disagree with the gentleman from Philadelphia, ADJOURNMENT but notwithstanding an apology fiom the superintendent, I will be prepared to introduce my resolution when we return in December. The SPEAKER. The Chair recognizes the gentleman from Thank you, Mr. Speaker. Philadelphia, Mr. Cohen. The SPEAKER. The Chaii thanks the gentleman. Mr. COHEN. Mr. Speaker, I move that this House do now Mr. Cohen. adjourn until Wednesday, November 17, 1999, at l l a.m., e.s.t., Mr. COHEN. Mr. Speaker, we have been told that the unless sooner recalled by the Speaker. superintendent of schools in Philadelphia has a right to state his opinion but he has no right to pass judgment. I am not quite sure On the question, what 'pass judgment" means in this context. He has not issued a Will the House agree to the motion? ling; he has not issued a fmding; he has not issued an order. All Motion was agreed to, and at 4:07 p.m., e.s.t., the House he did is make a speech. Well, if that is not expressing an opinion, adjourned. I do not know what expressing an opinion is. I would suggest