COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

MONDAY, JUNE 11,2001

SESSION OF 2001 185TH OF THE GENERAL ASSEMBLY No. 37 HOUSE OF REPRESENTATIVES PLEDGE OF ALLEGIANCE The House convened at 1 p.m., e.d.t. (The Pledge of Allegiance was recited by members and visitors.) THE SPEAKER (MATTHEW J. RYAN) PRESIDING JOURNAL APPROVAL POSTPONED

The SPEAKER. Without objection, the approval of the Journal PRAYER of Wednesday, June 6, 2001, will be postponed until printed. The Chair hears no objection. REV. JULIANN PUGH, Chaplain of the House of Representatives and pastor of Camp Hill Presbyterian Church, Camp Hill, Pennsylvania, offered the following prayer: JOURNAL APPROVED The SPEAKER. The Journal for Wednesday, April 4,200 1, is Let us pray: in print and will stand approved unless objected to. The Chair God of compassion, on this somber morning for our nation we hears no objections. ask for forgiveness for our thirst for retribution. May we realize that showing compassion to those who have wronged us does not make us weak but takes great strength. HOUSE BILLS God of all time, we thank You for weekends, a time of renewal INTRODUCED AND REFERRED spent with family, friends, and in worship of You. May we value that time above all else, and may we remember to bring the smiles, No. 1712 By Representatives SCRIMENTI, BEBKO-JONES, laughter, and silliness with us to our workplaces, remembering that CALTAGIRONE, CAPPELLI, CRUZ, DALEY, GRUCELA, our work when done with a smile can take on a whole new HORSEY, MANN, PALLONE, WALKO, WASHINGTON, dimension. C. WILLIAMS, J. WILLIAMS and YOUNGBLOOD I Lord, we are at home amid old familiar places, faces, lives, An Act amending Title 75 (Vehicles) of the Pennsylvania somewhat at ease in Zion, lulled by the illusion of familiar forever. Consolidated Statutes, further providing for restraint systems. Tip us off balance thls day. Etch in our souls the absolute truth that we are all pilgrims, sojourners, tourists. Referred to Cornniittee on TRANSPORTATION, June 1 1, We take it all for granted, overlook what is right before our 2001. jaded eyes. We have lost the wonder of our calling, of the first time we walked up the Capitol steps grinning and thmking with our 1 No. 1713 By Representatives SCRIMENTI, LEDERER, chests all puffed out in pride that this is where we work. How CAPPELLI, CALTAGIRONE, MELIO, RUBLEY, FRANKEL, many of our friends and associates have we ever seen not with eyes J. EVANS, CORRIGAN, D. EVANS, HORSEY, COLEMAN and that look over, past, beyond, but with the eyes of a photographer, STEELMAN an artist - You. When familiarity evokes a yawn and we settle down to An Act amending the act of April 9, 1929 (P.L.343, No. 176), known blindness, give us the chance and the will to see anew with tourist as The Fiscal Code, expanding provisions relating to cigarette sales and eyes the sheer beauty of a patch of yellow in a field of green, the licensing to include tobacco products; and providing restrictions on swaying of a willow tree as it lightly grazes the ground at its feet, placement and operation of tobacco product vending machines. and fabulous works of art painted all over this building, paintings which have meaning still valid today. Referred to Committee on FINANCE, June 1 1,2001. May we unashamedly notice all the wonderful sights, all the lovely people, the saint beside, the sinner within, and as much of No. 1714 By Representatives ALLEN, PERZEL, DeWEESE, the glory as we can take. PHILLIPS, ARGALL, RAYMOND, S. H. SMITH, CORNELL, To Thine be the power and the glory forever. Amen. LUCYK, FAIRCHILD, HASAY, THOMAS, M. BAKER, BASTIAN, BELFANTI, BOYES, BROWNE, BUNT, CALTAGIRONE, CAPPELLI, COSTA, DALEY, DALLY, EACI-IUS, J. EVANS, FEESE, FLEAGLE, FORCER, GEIST, HARHAI, HARI-IART, HERMAN, HERSHEY, HESS, t LEGISLATIVE JOURNALHOUSE JUNE 11

f LAUGHLIN, LEWIS, MAJOR, McCALL, MELIO, S. MILLER, CALTAGIRONE, C. WILLIAMS, RAYMOND, DIVEN, ' ROBERTS, SAINATO, SATHER, SAYLOR, SCHRODER, MANDERINO, PALLONE, JAMES, L. I. COHEN, PISTELLA, SEMMEL, SHANER, B. SMITH, STABACK, STERN, STEELMAN and STETLER R. STEVENSON, TRICH, WANSACZ, WATSON, WILT, YOUNGBLOOD, ZUG, PRESTON, CREIGHTON, FREEMAN, An Act amending the act of October 27, 1955 (P.L.744, No.222), HENNESSEY, PALLONE, TIGUE, GRUCELA, L. I. COHEN, known as the Pennsylvania Human Relations Act, further providing for findings and declaration of policy, for right to freedom from HORSEY and PETRONE discrimination, housing and public accommodation; defining "marital status"; and further providing for unlawful discriminatory An Act amending the act of March 1, 1988 (P.L.82, No. 16), known practices. as the Pennsylvania infrastructure Investment Authority Act, providing for financial assistance. Referred to Committee on STATE GOVERNMENT, June 11, 200 1. Referred to Committee on ENVIRONMENTAL RESOURCES AND ENERGY, June 11,200 1. No. 1719 By Representatives STEELMAN, BEBKO-JONES, BELARDI, CALTAGIRONE, M. COHEN, COLAFELLA, No.1715 By Representatives FREEMAN, ARGALL, COSTA, COY, DeLUCA, EACHUS, D. EVANS, FRANKEL, HENNESSEY, BELFANTI, BISHOP, CALTAGIRONE, GEORGE, GRUCELA, HALUSKA, HARHAI, HORSEY, L. I. COHEN, COLAFELLA, CRUZ, CURRY, DALEY, JAMES, JOSEPHS, LaGROTTA, LEDERER, LUCYK, MANN, DeWEESE, EACHUS, FRANKEL, GEORGE, GORDNER, McCALL, MELIO, PALLONE, RIEGER, ROONEY, SAINATO, GRUCELA, HORSEY, JAMES, JOSEPHS, KAISER, SANTONI, SHANER, SOLOBAY, STABACK, SURRA, LAUGHLIN, LEDERER, LEVDANSKY, MANN, McCALL, THOMAS, TRAVAGLIO, TRELLO, TRICH, C. WILLIAMS, MELIO, PETRARCA, PISTELLA, PRESTON, ROBERTS, WOJNAROSKI and YUDICHAK SANTONI, SOLOBAY, STABACK, STEELMAN, STURLA, SURRA, THOMAS, TIGUE, TRELLO, TRICH, WALKO, An Act providing for the establishment, implementation and C. WILLIAMS, J. WILLIAMS, . WOJNAROSKI, administration of the Pennsylvania Biomedical Research Authority; YOUNGBLOOD and YUDICHAK imposing powers and duties on a board of trustees; providing for the issuance of notes and bonds; and making an appropriation. An Act amending the act of March 10, 1949 (P.L.30, No. 14), known as the Public School Code of 1949, providing for voter registration forms Referred to Committee on HEALTH AND HUMAN to be given to high school graduates. SERVICES, June 11,200 1.

Referred to Committee on EDUCATION, June 1I, 200 1. No. 1720 By Representatives FORCIER, J. EVANS, HUTCHINSON and WILT No. 1716 By Representatives WILT, CAPPELLI, CLARK, J. EVANS, FLICK, LEH, LEWIS, SATHER and An Act authorizing the Department of General Services, with the R. STEVENSON approval of the Governor, to grant and convey to Crawford-Venango Fire School, certain lands situate in Cambridge Township, Crawford County. An Act regulating professional employer organizations; providing for penalties and remedies; and conferring powers and duties on the Referred to Committee on STATE GOVERNMENT, June 1 1, Department of Labor and Industry. 2001.

Referred to Committee on LABOR RELATIONS, June 11, No. 1721 By Representatives C. WILLIAMS, 2001. BEBKO-JONES, COLEMAN, CREIGHTON, CURRY, FLICK, HORSEY, MANDERINO, MELIO, ROSS, STEIL, No. 1717 By Representatives BARRAR, ARGALL, E. Z. TAYLOR, THOMAS and J. WILLIAMS ARMSTRONG, BASTIAN, BENNINGHOFF, CALTAGIRONE, CLYMER, COLEMAN, CORRIGAN, CREIGHTON, EGOLF, An Act amending Title 75 (Vehicles) of the Pennsylvania FAIRCHILD, FEESE, GABIG, GEIST, GEORGE, HARHAI, Consolidated Statutes, further prohibiting driving under influence of HERSHEY, HUTCHINSON, LAUGHLIN, LEWIS, MELIO, alcohol or controlled substance. S. MILLER, RAYMOND, SAYLOR, SCHRODER, R. STEVENSON, E. Z. TAYLOR, WILT, YOUNGBLOOD, Referred to Committee on JUDICIARY, June 1I, 200 1. DIVEN, GRUCELA and ZUG No. 1722 By Representatives C. WILLIAMS, An Act providing for the use of school district property by the BEBKO-JONES, COLEMAN, CREIGHTON, FLICK, HORSEY, Boy Scouts of America. MELIO, ROSS, STEELMAN, STEIL, E. Z. TAYLOR, THOMAS and J. WILLIAMS Referred to Committee on EDUCATION, June 11,200 1. An Act amending Title 75 (Vehicles) of the Pennsylvania No.1718 By Representatives DALLY, BELFANTI, Consolidated Statutes, further prohibiting driving under influence of alcohol or controlled substance. LAUGHLIN, GEORGE, MANN, SOLOBAY, ROSS, GRUCELA, YOUNGBLOOD, WATSON, GEIST, BROWNE, WILT, Referred to Committee on JUDICIARY, June 11,2001. FRANKEL, THOMAS, ROEBUCK, HORSEY, HARHAI, LEGISLATIVE JOURNAG--HOUSE

No. 1723 By Representatives SCHRODER, ADOLPH, ALLEN, ARMSTRONG, BEBKO-JONES, BELARDI, BELFANTI, BENNINGHOFF, BROWNE, CALTAGIRONE, Referred to Committee on HEALTH AND HUMAN CAPPELLI, CREIGHTON, CURRY, DALEY, DeWEESE, SERVICES, June 11,2001. FREEMAN, GABIG, GEORGE, GRUCELA, I-IARHAI, HENNESSEY, JOSEPHS, LAUGHLIN, McCALL, PALLONE, PETRARCA, READSHAW, ROHRER, RUBLEY, SHANER, B. SMITH, STABACK, STEELMAN, STERN, T. STEVENSON, Referred to Committee on TRANSPORTATION, June 11, E. Z. TAYLOR, J. TAYLOR, THOMAS, TIGUE, 2001. WASHINGTON, WATSON, WILT, YOUNGBLOOD, YUDICHAK and JAMES COMMUNICATIONS FROM GOVERNOR

An Act amending Title 24 (Education) of the Pennsylvania APPROVAL OF HOUSE BILLS Consolidated Statutes, further defining '"maternity leave of absence"; and further providing for creditable nonschool service. The Speaker laid before the House communications in writing Referred to Committee on EDUCATION, June 11,2001. from the office of His Excellency, the Governor of the Commonwealth, advising that the following House bills had been No. 1724 By Representatives ROHRER, CAPPELLI, . approved and signed by the Governor: CLYMER, CREIGHTON, DALEY, FRANKEL, JAMES, READSHAW, B. SMITH, WILT and YOUNGBLOOD HB 23, and HB 103.

An Act amending the act of February I I, 1998 (P.L.58, No.15), WRIT OF SPECIAL ELECTION known as the Combustible and Flammable Liquids Act, providing for unattended self-service stations. The SPEAKER. The Chair submits for the record the writ for special election for the Second Legislative District. Referred to Committee on LABOR RELATIONS, June 11, 2001. The following writ of special election was submitted:

COMMONWEALTH OF PENNSYLVANIA, SS: HOUSE RESOLUTION INTRODUCED AND REFERRED TO THE HONORABLE KIM PIZZINGRILLI, SECRETARY OF THE COMMONWEALTH, AND TO CAROL J. LOLL, JAMES B. TERRILL No. 238 By Representatives METCALFE, ARMSTRONG, AND FlORE LEONE, CONSTITUTING THE BOARD OF ELECTIONS OF ERIE COUNTY. GEIST, BASTIAN, ALLEN, BARRAR, BENNINGHOFF, CLYMER, COLEMAN, EGOLF, J. EVANS, FORCER, GABIG, GREETINGS: WHEREAS, A vacancy exists in the office of HUTCHINSON, JADLOWIEC, LEWIS, MAHER, MAITLAND, Representative of the Commonwealth of Pennsylvania for the McILHINNEY, S. MILLER, ROHRER, SEMMEL, SHANER, Second Legislative District of the County of Erie, caused by reason of the R. STEVENSON, WATSON, WILT, WOGAN and ZUG death of Italo S. Cappabianca, the Representative from said District, on the 28th day of May, two thousand one. A Resolution memorializing the President of the United States and NOW THEREFORE, I, Matthew J. Ryan, Speaker of the House of Congress to fund and deploy a national missile defense system. Representatives, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania, and by the Act of Referred to Committee on INTERGOVERNMENTAL Assembly in such case made and provided, do hereby command you: AFFAIRS, June 11,200 1. That you cause an election to be held in the said County of Erie on the 14th day of August, A.D., two thousand one, to choose a person to represent said Legislative District in the House of Representatives of Pennsylvania, for the remainder of the term expiring November thirtieth, SENATE BILLS FOR CONCURRENCE two thousand two, and that you give due and public notice of said election throughout said District, in the form and manner directed by law. The clerk of the Senate, being introduced, presented the Given under my hand and the seal of the House of Representatives at following bills for concurrence: Harrisburg, Pennsylvania, this 6th day of June, two thousand one. ATTEST: Ted Mazia Chief Clerk of the House of Representatives Referred to Committee on FINANCE, June 11,200 1. (SEAL) Matthew Ryan Speaker of the House of Representatives Referred to Committee on JUDICIARY, June 11,2001. 1262 LEGISLATIVE JOURNAL--HOUSE JUNE 11 r COMMUNICATION FROM LEGISLATIVE BILLS ON SECOND CONSIDERATION BUDGET AND FINANCE COMMITTEE The following bills, having been called up, were considered The SPEAKER. The Chair acknowledges receipt of the report for the second time and agreed to, and ordered transcribed for entitled "A Cost and Benefits Study of Mental Health Insurance third consideration: Coverage Required by Act 1998-150," submitted by the Legislative Budget and Finance Committee. HB 453, PN 488; HB 817, PN 1747; and SB 130, PN 1098.

(Copy of communication is on file with the Journal clerk.) BILLS RECOMMITTED

RESOLUTION REPORTED The SPEAKER. The Chair recognizes the chairman of the FROM COMMITTEE majority Appropriations Committee, Mr. Barley. Mr. BARLEY. Mr. Speaker, I move that the following bills be HR 212, PN 1882 By Rep. RAYMOND recommitted to the Committee on Appropriations:

A Resolution memorializing the President and Congress of the HB 453; United States to support and pass legislation protecting employees and HB 817; and retirees whose health care plans have been terminated by companies as a result of financial difficulties caused in whole or in part by unfairly traded SB 130. foreign imports. On the question, INTERGOVERNMENTAL AFFAIRS. Will the House agree to the motion? Motion was agreed to. LEAVES OF ABSENCE BILL REMOVED FROM TABLE The SPEAKER. The Chair is taking leaves of absence. The majority whip requests leave for the lady from The SPEAKER. The Chair recognizes the majority leader. Chester County for today's session, Mrs. TAYLOR, and for the Mr. PERZEL. Mr. Speaker, I move that HI3 5 be taken from the week, the gentleman from Lancaster, Mr. ZIMMERMAN, and the table. gentleman from Bucks, Mr. McILHINNEY. Without objection, leaves will be granted. The Chair hears no objection. On the question, The gentleman, Mr. Veon, requests for the Democratic Caucus Will the House agree to the motion? a leave for today's session for the lady from Montgomery, Motion was agreed to. Ms. WILLIAMS, and the gentleman from Lackawanna for the week, Mr. BELARDI. Without objection, leaves will be granted. BILL TABLED The Chair hears none. The SPEAKER. The Chair recognizes the majority leader ACTUARIAL NOTES Mr. PERZEL. Mr. Speaker, I now move that HB 5 be placed back upon the table. The SPEAKER. The Chair acknowledges receipt of actuarial notes for amendment 22 10 to HB 1363, PN 1686, and On the question, amendment 2 158 to HB 1362, PN 1685. Will the House agree to the motion? Motion was agreed to. (Copies of actuarial notes are on file with the Journal clerk.) MASTER ROLL CALL BILLS REMOVED FROM TABLE The SPEAKER. The Chair is about to take today's master roll The SPEAKER. The Chair recognizes the majority leader. call. Members will proceed to vote. Mr. PERZEL. Mr. Speaker, I move that the following bills be removed from the table: The following roll call was recorded:

HB 817; and Adolph Evans, D. Maher Sather SB 130. Allen Evans, J. Mait land Saylor Fairchild Major Schroder On the question, hstrong Feese Manderino Schuler Baker, J. Fichter Mann Scrimenti Will the House agree to the motion? Baker, M. Fleagle Markosek Semmel Motion was agreed to. Bard Flick Marsico Shaner Barley Forcier Mayernik Smith, B. Barrar Frankel McCall Smith, S. H. Bastian Freeman McGeehan Solobay LEGISLATIVE JOURNAL--HOUSE

+ Bebko-Jones Gabig McGill Staback members of their family, namely Jody Shockey and Phyllis Ickes. Belfanti Gannon Mcllhattan Stairs Benninghoff Geist McNaughton Steelman Would these guests please rise. Binnelin George Melio Steil Here today as the guest of Representative Eachus, a senior from Bishop Godshall Metcalfe Stem the Hazleton Area School District, Drew Labonoski. Would this Blaum Gordner Michlovic Stetler Boyes Grucela Micozzie Stevenson, R. guest please rise. Browne Gruitza Miller, R. Stevenson, T. Bunt Habay Miller, S. Strittmatter Butkovitz Haluska Mundy Sturla FRANK SARRIS PRESENTED Buxton Hanna Myers Surra Caltagirone Harhai Nailor Tangretti The SPEAKER. Mr. Solobay. Cappelli Harhart Nickol Taylor, J. Casorio Harper O'Brien Thomas Members, please take your seats. Members, please take your Cawley Hasay Oliver Tigue seats. Civera Hennessey Pallone Travaglio Mr. Solobay. Clark Herman Perzel Trello Clymer Hershey Petrarca Trich Mr. SOLOBAY. Thank you, Mr. Speaker. Cohen, L. I. Hess Petrone Tulli It is my pleasure to introduce to you a friend from my Cohen. M. Horsey Phillips Vance hometown who was named Pennsylvania Small Business Person Colafella Hutchinson Pickett Veon Coleman Jadlowiec P~PPY Vitali of the Year and was the first runner-up in the national Cornell James Pistella Walko Small Business Person of the Year competition. Conigan Josephs Preston Wansacz, Over 40 years ago, after making $100 delivering candy for Costa Kaiser Raymond Washington COY Keller Readshaw Waters another candymaker in town, Frank Sarris thought to himself that Creighton Kenney Reinard Watson he could do much better by making his own candy. This was the Cruz Kirkland Rieger Williams, J. birth of a multimillion-dollar business. curry Krebs Roberts Wilt Dailey LaGrotta Robinson Wogan Starting out in his basement with first-year sales of only $600, Daley Laughlin Roebuck Wojnaroski Sarris Candies now encompasses three generations of family, over Dally Lawless Rohrer Wright 350 employees, and now over $16 million in annual sales. The DeLuca Lederer Rooney Yewcic Denody Leh Ross Youngblood Canonsburg complex has a manufacturing center and a distribution De Weese Lescovitz Rubley Yudichak center that sends candy all over the world and to many of their DiGirolamo Levdansky Ruffing zug Diven Lewis Sainato Hallmark retail store outlets. There are also two retail stores in Donatucci Lucyk Samuelson Canonsburg - one for candy and one for their old-fashioned Eachus Lynch Santoni Ryan, homemade ice cream parlor. Egolf Mackereth Speaker In 1997 Mr. Sarris bought Gardners Candies in Tyrone, Pennsylvania, located in Representative Larry Sather's district, and they continue to make candy under the Gardners company name in Tyrone. NOT VOTING4 The samples of candy that you have at your desk today are a far cry from the mistakes of the early years that Frank and his wife would actually bury in their backyard so that no one knew what Belardi Taylor, E. Z. Williams, C. Zimmenan they were doing or what they were not doing. Mcllhinney There are not many children and/or nonprofit groups in southwestern Pennsylvania and the surrounding States that have LEAVES CANCELED- -1 not sold some type of Sarris candy as fundraising projects while Williams. C. they were in school. Frank Sarris and his family have always been there for the community to help and assist in many fundraising activities. GUESTS INTRODUCED The Sarris success story comes with the help of many family and friends, and with Frank today are some of those friends and The SPEAKER. The Chair is pleased to welcome to the hall of family. First off, last week we had a special commemorative the House today as the guest of Representative Herman, resolution for Perry Como, who was from Canonsburg, and Representative Hennessey, and Representative Schroder, seated to Perry Como was not the only person in Canonsburg that had a the left of the Speaker, Kurt Unruh of Pottstown, who is a student great musical background. With us today are George Mantalis and at the Pennsylvania State University. Would this gentleman please his wife, Jeanne. If they would please rise. George was a member rise. of the world-famous Four Coins singing group also out of Here as the guest of Representative Nailor, guest page Canonsburg. Also with Frank are his brother and sister-in-law, Tobi Heike, a German exchange student at Cedar Cliff Dolly and Manuel Pihakas, and one thing unique about Manuel, or High School. Would the guest please rise. as we know him back home as Buns, Buns was one of the very few Here today as the guests of Representative DiGirolamo, four-time PIAA State wrestling champs back in his younger days. Jim Fetch and Heather Sveen and their families. Jim and Heather Buns and Dolly. are winners of the "It Ought To Be a Law" contest sponsored by You know, as the story usually goes, behind every successful the Representative. Would these guests please rise. man stands a woman, but in the case of Frank Sanis, whenever he Representative Bastian has two guest pages from Somerset gave his comments to those of us who were at the awards luncheon County, Dustin and Jordan Shockey, and they are here with some held in Pittsburgh a few weeks ago, he said that his wife, Athena, LEGISLATIVE JOURNAkHOUSE JUNE 11

was not behind him but right beside him, and that just tells you the AGRICULTURE AND RURAL AFFAIRS kind of character that Frank Sarris is. Athena, if you would stand. COMMITTEE MEETING Frank's wife, Athena. We presented Mr. Sarris with a citation along with a letter from The SPEAKER. The House Agriculture and Rural Affairs Governor Ridge at the awards banquet in Pittsburgh a few weeks Committee will meet in the rear of the hall of the House on the ago, so now if you would please join me in recognizing not only declaration of the recess. the national fwst runner-up Small Business Person of the Year, but more importantly, Pennsylvania's Small Business Person of the CALENDAR Year, my friend, Mr. Frank Sarris. RESOLUTIONS PURSUANT TO RULE 35 JEREMY SILVERMAN PRESENTED Mr. BAKER called up HR 233, PN 2111, entitled: The SPEAKER. The Chair recognizes the gentleman, Mr. Krebs. A Resolution designating June 200 1 as "Amateur Radio Awareness Conferences, please. The House will please come to order. Month" in Pennsylvania. The Chair recognizes the gentleman, Mr. Krebs. Mr. KREBS. Thank you, Mr. Speaker. On the question, Today I have the honor of presenting to you a double State Will the House adopt the resolution? champion in track and field. His name is Jeremy Silverman, and I just want to give you some idea of the magnitude of his The following roll call was recorded: accomplishments this year. In the district track meet in District III- The SPEAKER. Will the gentleman, Mr. Krebs, yield. Adolph Evans, D. Maher Sather Mr. Krebs. I am sorry. Allen Evans, J. Maitland Saylor Mr. KREBS. Okay. In the shotput in District I11 this year in the Argall Fairchild Major Schroder Armstrong Feese Manderino Schuler championship, he threw the longest shotput throw in 29 years in Baker, J. Fichter Mann Scnmenti Pennsylvania. He beat the district record by 7 feet, and he beat his Baker, M. Fleagle Markosek Semmel nearest competitor by 12 feet. He also, when he went to the State Bard Flick Marsico Shaner Barley Forcier Mayernik Smith, B. championships, he set a new shotput record for AA of somewhere Bamr Frankel McCall Smith, S. H. over 64 feet. By the way, he has thrown the shotput 69 feet. Just an Bastian Freeman McGeehan Solobay idea of his accomplishments. And as a secondary thought, he said Bebko-Jones Gabig McGill Staback Belfanti Gannon Mcllhattan Stairs it is not his good event. He did win the State charnpionshlp in the Benninghoff Geist McNaughton Steelman discus also. Birmelin George Melio Steil And to further his education, he is going to Virginia Tech. He Bishop Godshall Metcalfe Stem Blaum Gordner Michlovic Stetler is going to be a Hokie next year on a full scholarship. And he is Boyes Grucela Micozzie Stevenson, R ranked number three in the shotput nationally, and he does go to Browne Gruitza Miller, R. Stevenson, T. nationals, I believe it is in North Carolina, later this week. Bunt Habay Miller, S. Strittmatter Butkovitz Haluska Mundy Sturla So I would like to present a citation for his significant Buxton Hanna Myers Surra accomplishments to Jeremy Silverman from my alma mater, Caltagirone Harhai Nailor Tangretti Annville-Cleona High School in Annville, Pennsylvania. Cappelli Harhart Nick01 Taylor. J. Casorio Harper O'Brien Thomas Cawley Hasay Oliver Tigue Civera Hennessey Pallone Travaglio HEALTH AND HUMAN SERVICES Clark Herman Perzel Trello COMMITTEE MEETING Clymer Hershey Petrarca Trich Cohen, L. I. Hess Petrone Tulli The SPEAKER. Mr. O'Brien, do you have an announcement of Cohen, M. Horsey Phillips Vance Colafella Hutchinson Pickett Veon a committee meeting? Coleman Jadlowiec P~PPY Vitali Mr. O'BRIEN. Yes, Mr. Speaker. I would like to call a meeting Comell James Pistella Walko Conigan Josephs Preston Wansacz of the Health and Human Services Committee at the declaration of Costa Kaiser Raymond Washington the recess in the back of the House. COY Keller Readshaw Waters The SPEAKER. The Chair thanks the gentleman. Crelghton Kenney Reinard Watson Cruz Kirkland Rieger Williams, J. curry Krebs Roberts Wilt COMMITTEE MEETING CANCELED Dailey LaGrotta Robinson Wogan Daley Laughlin Roebuck Wojnaroski Dally Lawless Rohrer Wright . The SPEAKER. The Chair has received a communication as DeLuca Lederer Rooney Yewcic follows: The meeting of the Commerce and Economic Dermody Leh Ross Youngblood Development,Committeeoriginally scheduled for today at the call DeWeese Lescovitz Rubley Yudichak DiGirolamo Levdansky Rufing zug of the Chair in room 39 will be canceled. The meeting will be Diven Lewis Sainato rescheduled for a later date. Donatucci Lucyk Samuelson Eachus Lynch Santoni Ryan, Egolf Mackereth Speaker LEGISLATIVE JOURNALPHOUSE

NAYW Diven Lewis Sainato Donatucci Lucyk Samuelson Eachus Lynch Santoni Ryan, NOT VOTING4 Egolf Mackereth Speaker

NAYW

Belardi Taylor, E. Z. Williams, C. Zimmerman NOT VOTING4 Mcllhinney

The majority having voted in the affirmative, the question was Belardi Taylor, E. Z. Williams, C. Zimmerman determined in the aff~rmativeand the resolution was adopted. Mcllhinney

The majority having voted in the affirmative, the question was Mr. MYERS called up HR 236, PN 2113, entitled: determined in the affirmative and the resolution was adopted.

A. Resolution designating the third Saturday of June 2001 as "Juneteenth National Freedom Day" in Pennsylvania. REPUBLICAN CAUCUS

On the question, The SPEAKER. The Chair recognizes the gentleman, Will the House adopt the resolution? Mr. Argall, for the purpose of making an announcement. Mr. ARGALL. Mr. Speaker, the House Republicans will caucus The following roll call was recorded: downstairs beginning at quarter to 2, and we have a lengthy caucus, a special guest. We should return to the floor at 3:30.

DEMOCRATIC CAUCUS Adolph Evans, D. Maher Sather Allen Evans, J. Maitland Saylor Argall Fairchild Major Schroder The SPEAKER. The Chair is advised that the Democrats will Armstrong Feese Manderino Schuler caucus at quarter to 2 in the Democrat caucus room. Baker, J. Fichter Mann Scrimenti Baker, M. Fleagle Markosek Semmel Bard Flick Marsico Shaner TRANSPORTATION COMMITTEE MEETING Barley Forcier Mayernik Smith, B. Barrar Frankel McCall Smith, S. H. Bastian Freeman McGeehan Solobay The SPEAKER. Mr. Geist. Bebko-Jones Gabig McGill Staback Mr. GEIST. Thank you very much, Mr. Speaker. Belfanti Gannon Mcllhattan Stairs May I be recognized to call a committee meeting? Beminghoff Geist McNaughton Steelman Birmelin George Melio Steil The SPEAKER. The gentleman will proceed. Bishop Godshall Metcalfe Stem Mr. GEIST. The Transportation Committee will meet in Blaum Gordner Michlovic Stetler PUC meeting room No. 1 15 minutes before we are to come back Boyes Gmcela Micovie Stevenson, R. Browne Gruitza Miller, R. Stevenson, T. on the floor or, as your announcement, as of 3: 15. Bunt Habay Miller, S. Strittmatter Should I repeat that? Butkovitz Haluska Mundy Sturla The SPEAKER. No; we have it, I think. Buxton Hanna Myers Surra Caltagirone Harhai Nailor Tangretti Cappelli Harhart Nickol Taylor, J. Casorio Harper O'Brien Thomas APPROPRIATIONS COMMITTEE MEETING Cawley Hasay Oliver Tigue Civera Hennessey Pallone Travaglio The SPEAKER. Mr. Barley. Clark Herman Perzel Trello Mr. BARLEY. Thank you, Mr. Speaker. Clymer Hershey Petrarca Trich Cohen, L. I. Hess Petrone Tulli Immediately upon the call of recess, I would llke to have a Cohen, M. Horsey Phillips Vance meeting of the House Appropriations Committee in our committee Colafella Hutchinson Pickett Veon meeting room, 245. Coleman Jadlowiec P~PPY Vitali Cornell James Pistella Walko The SPEAKER. The Chair thanks the gentleman. Corrigan Josephs Preston Wansacz Costa Kaiser Raymond Washington COY Keller Readshaw Waters ENVIRONMENTAL RESOURCES AND ENERGY Creighton Kenney Reinard Watson CNZ Kirkland Rieger Williams, J. COMMITTEE MEETING CUT Krebs Roberts Wilt Dailey LaGrotta Robinson Wogan The SPEAKER. Mr. Hershey. Daley Laughlin Roebuck Wojnaroski Mr. HERSHEY. Thank you, Mr. Speaker. Dally Lawless Rohrer Wright DeLuca Lederer Rooney Yewcic For the purpose of announcement. Dermody Leh Ross Youngblood The SPEAKER. The gentleman may proceed. DeWeese Lescovitz Rubley Yudichak DiGirolamo Levdansky Ruffing Zug 1266 LEGISLATIVE JOURNAL--HOUSE JUNE 11 1

Mr. HERSHEY. After today's session I want to reconvene the BILLS REREPORTED FROM COMMITTEE 1 House Environmental and Energy Committee in the North Office Building in courtroom 2. We had a very, very lively discussion. HB 32, PN 1622 By Rep. BARLEY We have a few more amendments, and we agreed to go back at the end of the voting day and finish the meeting. An Act establishing the Kinship Care Program. At the end of the voting day the Environmental and Energy Committee will return to courtroom 2 in the North Office Building APPROPRIATIONS. to finish the work of the committee. Thank you. The SPEAKER. The Chair thanks the gentleman. HB 43, PN 29 By Rep. BARLEY An Act designating a bridge in the City of Johnstown, ADDITIONS AND DELETIONS OF SPONSORS Cambria County, the Frank J. PasqueriIIa Bridge.

The SPEAKER. The Chair acknowledges receipt of additions APPROPRIATIONS. and deletions for sponsorships of bills, which the clerk will file. HB 204, PN 2051 By Rep. BARLEY (Copy of list is on file with the Journal clerk.) An Act establishing a system for collecting information from school districts and other school entities in a uniform manner; making the RECESS information accessible to the public; imposing duties and responsibilities on the Department of Education and various school entities; and The SPEAKER. Any hrther business? establishing financial penalties for noncompliance. Hearing none, this House will stand in recess until 3:30, unless recalled sooner by the Chair or extended by the Chair. APPROPRIATIONS.

RECESS EXTENDED By Rep. BARLEY I HB3419PN358 The time of recess was extended until 4 p.m. An Act amending Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for general regulations relating to criminal history record information and AFTER RECESS for information relating to prospective child-care personnel.

The time of recess having expired, the House was called to APPROPRIATIONS. order. HB 589, PN 1745 By Rep. BARLEY

THE SPEAKER PRO TEMPORE An Act amending Title 75 (Vehicles) of the Pennsylvania (BRETT FEESE) PRESIDING Consolidated Statutes, further providing for suspension of operating privilege and for maximum gross weight of vehicles; providing for nonreciprocity of operational limitations; and further providing for BILL REPORTED FROM COMMITTEE, refunds. CONSIDERED FIRST TIME, AND TABLED APPROPRIATIONS. By Rep. BUNT I An Act amending the act of December 13, 1999 (P.L.905, No.57), HB 607, PN 2160 (Amended) By Rep. BARLEY known as the Drought, Orchard and Nursery indemnity and Flood Relief Act, further providing for appropriations. An Act amending the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, further providing for the Pennsylvania State Police and for furnishing lists of employees to certain AGRICULTURE AND RURAL AFFAIRS. State officers; providing for the licensing as insurers of public utilities and officers and employees of public utilities and for ambulatory surgical facility extended stay standards; further providing for deputy secretaries BILL REPORTED FROM COMMITTEE, of the Department of Transportation; providing for participation by CONSIDERED FIRST TIME, AND qualified tax-exempt organizations in certain purchase contracts with the RECOMMITTED TO COMMITTEE ON RULES Department of General Services; and making a repeal. HB 1692, PN 2161 (Amended) B~ R~~.O'BMEN I APPROPRIATIONS. An Act amending the act of July 19, 1979 (P.L. 130, No.48), known HB 610, PN 1145 By Rep. BARLEY as the Health Care Facilities Act, requiring ambulatory surgical facility extended stay standards. An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, further providing for Commonwealth HEALTH AND HUMAN SERVICES. reimbursements for vocational-technical programs; and making an appropriation.

APPROPRIATIONS. 200 1 LEGISLATIVE JOURNAkHOUSE 1267 HB 611, PN 1304 By Rep. BARLEY I HB 1431, PN 2081 By Rep. BARLEY An Act amending the act of March 10, 1949 (P.L.30, No. 14), known An Act authorizing the Department of General Services, with the as the Public School Code of 1949, providing an incentive program to approval of the Governor, to grant and convey the David L. Lawrence increase enrollment at area vocational-technical schools; and making an Convention Center and other interests situate in the City of Pittsburgh, appropriation. Allegheny County, to the Sports and Exhibition Authority.

APPROPRIATIONS. I APPROPRIATIONS.

HB 728, PN 812 By Rep. BARLEY HB 1454, PN 1726 By Rep. BARLEY

An Act providing for bed and breakfast establishment safety An Act amending the act of December 13, 1999 (P.L.905, No.57), regulations. known as the Drought, Orchard and Nursery Indemnity and Flood Relief Act, further providing for appropriations. APPROPRIATIONS. APPROPRIATIONS. HB 830, PN 924 By Rep. BARLEY HB 1541, PN 2031 By Rep. BARLEY An Act amending the act of April 9, 1929 (P.L. 177, No.175). known as The Administrative Code of 1929, further providing for energy An Act amending Title 42 (Judiciary and Judicial Procedure) of the development; abolishing the Energy Development Authority; establishing Pennsylvania Consolidated Statutes, krther providing for jurisdiction and the Energy Partnership; and making an appropriation. venue.

APPROPRIATIONS. APPROPRIATIONS. HB 869, PN 968 By Rep. BARLEY I HB 1697, PN 2094 By Rep. BARLEY An Act amending the act of July 28, 1953 (P.L.723, No.230), known An Act amending Title 42 (Judiciary and Judicial Procedure) of the as the Second Class County Code, further providing for monthly Pennsylvania Consolidated Statutes, further providing for the number of retirement allowance increase and for employees eligible for retirement judges of the courts of common pleas in certain judicial districts. allowance. APPROPRIATIONS. APPROPRIATIONS. SB 130, PN 1098 By Rep. BARLEY HB 967, PN 1108 By Rep. BARLEY An Act amending Title 23 (Domestic Relations) of the Pennsylvania An Act amending the act of December 20, 1985 (P.L.457, No.l12), Consolidated Statutes, hrther providing for protection from abuse orders. known as the Medical Practice Act of 1985, further providing for physician assistant licenses. APPROPRIATIONS. APPROPRIATIONS. I SB 215, PN 1040 By Rep. BARLEY HB 1153, PN 1623 By Rep. BARLEY An Act amending Titles 15 (Corporations and Unincorporated Associations) and 54 (Names) of the Pennsylvania Consolidated Statutes, An Act amending Title 23 (Domestic Relations) of the Pennsylvania relating to associations; making revisions, corrections and additions; and Consolidated Statutes, providing for reports of child death where abuse making repeals. is suspected. APPROPRIATIONS. APPROPRIATIONS. SB 235, PN 78 By Rep. BARLEY HB 1242, PN 1816 By Rep. BARLEY An Act designating a portion of Routes 22 and 322 in An Act amending the act of May 28, 1995 (I st Sp.Sess., P.L. 1009, Dauphin County, Pennsylvania as the John J. Shumaker Memorial No. 14), known as the DNA Detection of Sexual and Violent Offenders Highway. Act, further defining "felony sex offense" and "other specified offense." APPROPRIATIONS. APPROPRIATIONS. SB 236, PN 1172 (Amended) By Rep. BARLEY HB 1402, PN 1648 By Rep. BARLEY An Act amending Title 75 (Vehicles) of the Pennsylvania An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, amending definitions; further providing for Consolidated Statutes, further providing for telecommunications services implements of husbandry, for duration of lien recorded on certificate of provided to State correctional institutions. title, for certificate of inspection, for restrictions on use of highways and bridges, for depositing waste and other material on highway, property or APPROPRIATIONS. 1268 LEGISLATIVE JOURNAG--HOUSE JUNE 11 1 water, for powers and responsibilities of local authorities and penalties BILL ON SECOND CONSIDERATION related thereto and for refunds. The following bill, having been called up, was considered APPROPRIATIONS. for the second time and agreed to, and ordered transcribed for third consideration: SB 363, PN 376 By Rep. BARLEY

An Act amending the act of June 10, 1931 (P.L.492, No.156), entitled "An act relating to the trespassing of live stock on improved LEAVE OF ABSENCE CANCELED lands; providing for the taking up, impounding and sale thereof; imposing duties on and fixing the fees of constables, justices of the peace, and The SPEAKER pro tempore. Without objection, the Chair viewers appointed in connection therewith; prescribing the procedure for repossession by the owner thereof; providing for the fixing and taxing of recognizes the lady from Montgomery County, Ms. Williams, on costs, including attorneys' fees; ahd repealing inconsistent legislation," the floor of the House. She will be placed back on the master roll. further defining "live stock" to include goats. Members, please report to the floor. We are about to take up APPROPRIATIONS. today's voting schedule. Members, please report to the floor.

RULES COMMITTEE MEETING By Rep. BARLEY I The SPEAKER pro tempore. The Chair recognizes the An Act amending the act of February 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code, further providing residency majority leader, who calls for an immediate meeting of the requirements for elective office and for vacancy appointments. Rules Committee at the majority leader's desk.

APPROPRIATIONS. RESOLUTION REPORTED FROM COMMITTEE SB 508, PN 850 By Rep. BARLEY I HR31,PN310 By Rep. PERZEL An Act designating a portion of U.S. Route 1 in Chester County as A Concurrent Resolution recognizing the responsibility of the the John H. Ware 111 Memorial Highway. Commonwealth to examine the quality and efficiency of its State highway system within borough communities and establishing a select committee APPROPRIATIONS. to consider these issues. RULES. SB 597, PN 1099 By Rep. BARLEY BILL ON CONCURRENCE An Act amending the act of August 9, 1955 (P.L.323, No. 130), REPORTED FROM COMMITTEE known as The County Code, further providing for assistant county solicitors, for the time for the election of controllers in counties of the sixth, seventh and eighth classes and for authority to sell or lease HB 153, PN 2088 By Rep. PERZEL real property. An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for unlawful activities relating APPROPRIATIONS. to vehicle equipment, for vehicle inspection by police or Commonwealth personnel and for promulgation of rules and regulations by department; and establishing the Motor Carrier Safety Advisory Committee. SB 780, PN 1100 By Rep. BARLEY RULES. An Act amending the act of May 2, 1945 (P.L.382, No.164), known as the Municipality Authorities Act of 1945, further providing for the purposes and powers of an authority and for governing body residency SUPPLEMENTAL CALENDAR B requirements. BILLS ON THIRD CONSIDERATION APPROPRIATIONS. The House proceeded to third consideration of HB 1242, PN 1816, entitled: SB 816, PN 941 By Rep. BARLEY An Act amending the act of May 28, 1995 (I st Sp.Sess., P.L. 1009, An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary No. 14), known as the DNA Detection of Sexual and Violent Offenders and Judicial Procedure) of the Pennsylvania Consolidated Statutes, Act, further defining "felony sex offense" and "other specified offense." providing for assaults with biological agents on animals. On the question, APPROPRIATIONS. Will the House agree to the bill on third consideration? 200 1 LEGISLATIVE JOURNAL-HOUSE 1269 T t Mr. O'BRIEN offered the following amendment No. A1865: The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. Amend Sec. I (Sec. 103), page 2, by inserting between lines 28 and 29 On the question, 18 Pa.C.S. S 2910 (relatine, to luring a child into a Will the House agree to the bill on third consideration as motor vehiclel, amended? Bill as amended was agreed to. On the question, Will the House agree to the amendment? The SPEAKER pro tempore. This bill has been considered on three different days-and agreed to and is now on final passage. The following roll call was recorded: The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. Adolph Evans. D. Maher Saylor Alien Evans, J. Maitland Schroder The following roll call was recorded: Argall Fairchild Major Schuler Armstrong Feese Manderino Scrimenti Baker. J. Fichter Mann Semmel Baker, M. Fleagle Markosek Shaner Bard Flick Marsico Smith, B: Adolph Evans, D. Maher Saylor Barley Forcier Mayemik Smith, S. H. Allen Evans, J. Maitland Schroder Barrar Frankel McCall Solobay Argall Fairchild Major Schuler Bastian Freeman McGeehan Staback Armstrong Feese- Manderino Scrimenti Bebko-Jones Gabig McGill Stairs Baker, J. Fichter Mann Semmel Belfanti Gannon Mcllhattan Steelman Baker, M. Fleagle Markosek Shaner Benninghoff Geist McNaughton Steil Bard Flick Marsico Smith, B. Birmelin George Melio Stem Barley Forcier Mayemik Smith, S. H. Bishop Godshall Metcalfe Stetler Barrar Frankel McCall Solobay Blaum Gordner Michlovic Stevenson, R. Bastian Freeman McGeehan Staback Boyes GNC~~ Micozzie Stevenson, T. Bebko-Jones Gabig McGill Stairs Browne Gmitza Miller, R. Strittmatter Belfanti Gannon Mcllhattan Steelman Bunt Habay Miller, S. Sturla Benninghoff Geist McNaughton Steil Butkovitz Haluska Mundy Surra Birmelin George Melio Stem Buxton Hanna Myers Tangretti Bishop Godshall Metcalfe Stetler Caltagirone Harhai Nailor Taylor, J. Blaum Gordner Michlovic Stevenson, R. Cappelli Harhart Nickol Thomas Boyes Gmcela Micozzie Stevenson, T. Casorio Harper O'Brien Tigue Browne Gmitza Miller. R. Strittmatter Cawley Hasay Oliver Travaglio Bunt Habay Miller, S. Sturla Civera Hennessey Pal lone Trello Butkovitz Haluska Mundy Surra Clark Herman Perzel Trich Buxton Hanna Myers Tangretti Clymer Hershey Petrarca Tulli Caltagirone Harhai Nailor Taylor, J. Cohen, L. I. Hess Petrone Vance Cappelli Harhart Nickol Thomas Cohen, M. Horsey Phillips Veon Casorio Harper O'Brien Tigue Colafella Hutchinson Picken Vitali Cawley Hasay Oliver Travaglio Coleman Jadlowiec P~WY Walko Civera Hennessey Pallone Trello Cornell James Pistella Wansacz Clark Herman Perzel Trich Conigan Josephs Preston Washington Clymer Hershey Petrarca Tulli Costa Kaiser Raymond Waters Cohen, L. I. Hess Petrone Vance COY, Keller Readshaw Watson Cohen, M. Horsey Phillips Veon Cre~ghton Kenney Reinard Williams, C. Colafella Hutchinson Pickett Vitali CNZ Kirkland Rieger Williams, J. Coleman Jadlowiec P~PPY Walko curry Krebs Roberts Wilt Cornell James Pistella Wansacz Dailey LaGrotta Robinson Wogan Conigan Josephs Preston Washington Daley Laughlin Roebuck Wojnaroski Costa Kaiser Raymond Waters Dally Lawless Rohrer Wright COY Keller Readshaw Watson DeLuca Lederer Rooney Yewcic Creighton Kenney Reinard Williams, C. Dermody Leh Ross Youngblood Cruz Kirkland Rieger Williams, J. DeWeese Lescovitz Rubley Yudichak cuw Krebs Roberts Wilt DiGirolamo Levdansky Ruffing zug Dailey LaGrotta Robinson Wogan Diven Lewis Sainato Daley Laughlin Roe buck Wojnaroski Donatucci Lucyk Samuelson Dally Lawless Rohrer Wright Eachus Lynch Santoni Ryan, DeLuca Lederer Rooney Yewcic Egolf Mackereth Sather Speaker Dermody Leh Ross Youngblood De Weese Lescovitz Rubley Yudichak DiGirolamo Levdansky Ruffing zug NAYS-O Diven Lewis Sainato Donatucci Lucvk Samuelson NOT VOTING4 Eac hus ~ynih Santoni Ryan, Egolf Mackereth Sather Speaker

NAYS-O Belardi Mcllhinney Taylor, E. Z. Zimtnerman NOT VOTING4 1270 LEGISLATIVE JOURNAkHOUSE JUNE 11 r EXCUSED4 No ward shall be created containing less than three hundred L registered electors therein, and all wards which now or at any time Belardi Mcllhinney Taylor, E. Z. Zimrnerman hereafter shall contain less than three hundred fifty registered electors therein may, in the discretion of the court, be abolished and if so abolished, the territory thereof shall be distributed among the remaining The majority required by the Constitution having voted in the wards in such manner as the court of quarter sessions shall direct. All affirmative, the question was determined in the affirmative and the other wards as heretofore established shall remain as heretofore, until altered or divided as provided in this article. bill passed finally. In boroughs wherein any ward shall be abolished as herein provided Ordered, That the clerk present the same to the Senate for and the number of wards shall be reduced to less than five. then the concurrence. [councilman] member of council or [councilmen] members of council in the ward or wards abolished shall continue in office for the term for which elected and shall become a [councilman] member of council or [councilmen] members of council at large from such borough. The House proceeded to third consideration of SB 379, If the latest official census of the United States shall disclose that PN 392, entitled: in any borough the population of any ward exceeds by fifty percent or more or is fifty or more less than the average population of all the An Act amending the act of February 1, 1966 (1 965 P.L. 1656, wards of such borough, the court of quarter sessions upon application of No.581), known as The Borough Code, further providing residency the borough council or, in case of failure of the council so to apply, upon requirements for elective office and for vacancy appointments. petition of any citizen of the borough, shall adjust the boundaries of any or all of the wards in such borough, for the purpose of more nearly On the question, equalizing ward populations throughout the said borough. The provisions of sections 602,603 and 604 of this act shall not apply in cases of ward Will the House agree to the bill on third consideration? boundary adjustment as provided for by this paragraph. Section 3. Section 801 of the act, amended June 27, 1991 (P.L.72, Mrs. MILLER offered the following amendment No. A1085: No. l I), is amended to read: Amend Bill, page 1, by inserting after line 19 Amend Title, page 1, line 3, by inserting after "boroughs," " Section 4. Section 805 of the act is amended to read: changing gender-specific references to members of Section 805. Election of Borough Officers When Boroughs the governing body; Created, Etc.-Whenever a borough is incorporated under the provisions Amend Title, page 1, line 5, by removing the period after of sections 201 to 219 inclusive of this act, or whenever two or more "appointments" and inserting boroughs are consolidated under the provisions of sections 22 1 to 228 of ;and making editorial changes. this act, or whenever a borough is created from a city of the third class Amend Bill, page 1, lines 8 through 10, by striking out all of said under the provisions of sections 231 to 235 of this act, the oficers of the lines and inserting borough, provided for in section 806 of this act, shall be elected at the Section 1. Section 234 of the act of February 1, 1966 appropriate municipal election as provided in said sections and such (1965 P.L.1656, No.581), known as The Borough Code, is amended to officers shall take office on the first Monday of January succeeding such read: election. Section 234. Property; Assets; Liabilities; Ordinances; Wards; At any such election, if the borough is not divided into wards, of the Election Districts and Certain Officers.-Upon the formation of the seven [councilmen] members of council to be elected, three or four borough government, all of the property and assets of the city shall [councilmen] members of council, as the case may be, shall be elected for become the property of the borough, and such change of government shall terms of two years each, and three or four [councilmen] members of not in any way affect any liabilities incurred, rights accrued or vested, council, as the case may be, shall be elected for terms of four years each, obligations, issued or contracted, or any suits or prosecutions pending or to coincide with the number of [councilmen] members of council elected instituted to enforce any right or penalty accrued, or punish any offense at such election in existing boroughs under the provisions of section 81 1 committed prior to such change. All ordinances of the former city shall of this act. continue in force in the new borough until altered or repealed in the In the case of the consolidation of two or more boroughs into one manner provided by law. The wards and election districts of the city shall borough, or the creation of a borough from a city of the third class, and become the wards and election districts of the borough until altered or where in either event two [councilmen] members of council are to be changed as may be provided by law. And in the election of [councilmen] elected from each ward, one [councilman] member of council shall be members of council from the several wards, two [councilmen] members elected from each ward for a term of two years and one [councilman] of council shall be elected from each ward, unless thereafter changed as member of council shall be elected from each ward for a term of provided by law. All constables, aldermen and election officers in office four years. in the city, when the borough government is organized, shall remain in In all boroughs coming within the provisions of this section, office until the expiration of their respective terms of office. three auditors shall be elected, one for a term of two years, one for a term Section 2. Section 601 of the act, amended October 9, 1967 of four years, and one for a term of six years. (P.L.399, No. 18 I), is amended to read: All other oficers of the borough shall be elected at such election for Section 601. Power of Court to Erect, Abolish and Change Wards terms of two or four years, as the case may be, to coincide with the terms and to Adjust, Alter and Establish Lines.-The court of quarter sessions, of officers elected under this act at such election in the existing boroughs. upon petition, may divide boroughs into wards, erect new wards out of Section 5. Section 806 of the act, amended March 30, 1988 Goor more adjoining wards or parts thereof, consolidate two or more (P.L.309, No.40), is amended to read: wkds into one ward, divide any ward already erected into two or more Section 806. Officers to be Elected.-It shall be lawful for the wards, alter the lines of any two or more adjoining wards or cause the electors of the borough to elect: lines or boundaries of wards to be ascertained or established, or abolish (I) In boroughs not divided into wards, seven [councilmen] all wards. No borough shall be divided or redivided into more than members of council,,ne mayor, one assessor, except in those boroughs thirteen wards. where, under the applicable county assessment law, the office of elected assessor in boroughs shall have been abolished; a tax collector and 200 1 LEGISLATIVE JOURNAL--HOUSE 1271 I three auditors or one controller except in such boroughs where there shall entire number of [councilmen] members of council, less one, shall, as be an appointed auditor in lieu of elected auditors or controller. In any soon as possible, take their office in a year divisible by four, and the borough with population, as determined by the latest official census, of remaining number of [councilmen] members of council shall take their less than three thousand, the total number of [councilmen] members of office in an even-numbered year not divisible by four. The apportionment council may be reduced from seven to five or to three upon petition to the shall be so made by the court that there shall be equal or as nearly equal court of common pleas, as provided in section 81 8 of this act. as possible, representation by wards in each class. Biennially thereafter, (2) In boroughs divided into wards, at least one, and not more than at each municipal election, a sufficient number of [councilmen] members two [councilmen] members of council in each ward, except in boroughs of council shall be elected, for the term of four years from the first where prior to the passage of this act three [councilmen] members of Monday of January next succeeding, to fill the places of those whose council were elected in each ward. In such boroughs, the number of terms shall expire on the first Monday of the January next following such [councilmen] members of council is fixed at three in each ward until such election. number is reduced in the manner provided by this act. [Councilmen] Section 8 13. Fixing Number of [Councilmen] Members of Council Members of council shall be residents of the ward from which they are When Wards Created.-Whenever upon the division of any borough into elected, and chosen by the electors of the ward; also a mayor, a tax wards, or the creation of a new ward or wards, the number of collector and three auditors or a controller, except in such boroughs where [councilmen] members of council cannot be equally divided among the there shall be an appointed auditor in lieu of elected auditors or controller, wards of the boroughs, it shall be lawful for the court, in decreeing such and an assessor, except in those boroughs where, under the applicable division or creation, to increase the number of council to, and not county assessment law, the office of elected assessor shall have been exceeding, such number as will enable the court to make an equal abolished who shall be chosen by the electors of the boroughs at large. apportionment of the same among the several wards of such borough. But Section 6. The heading of subdivision (b) of Article Vlll of the act where a borough is first divided into wards, the number of [councilmen] is amended to read: members of council provided for a ward shall not exceed two. (b) [Councilmen] Members of Council Section 814. Increase in Number of [Councilmen] Members of Section 7. Section 81 1 of the act, amended February 24, 1967 Council.-The [court of quarter sessions] court of common vleas, having (P.L. I, No.1) and October 9, 1967 (P.L.399, No. 18 I), is amended to read: fixed the number of [councilmen] members of council, as provided in Section 8 1 1. Election of [Councilmen] Members of Council.-At section 812 of this article, may, upon petition of at least five percent of the municipal election to be held in the year 1967, there shall be elected the registered electors of the borough, increase the same to any number in each borough a sufficient number of [councilmen] members of council not exceeding two for each ward. The sufficiency of the number of signers to equal one-half of the entire number of which such council is legally to any such petition shall be ascertained as of the date when the petition composed, to serve for a term of four years from the first Monday of is presented to court. January next succeeding, and, where such entire number is seven, nine, Section 8 16. Election of [Councilmen] Members of Council Where or eleven, then stificient to constitute three, four, or five, as the case may Wards Abolished.-Whenever the [court of quarter sessions] court of be; the aforesaid [councilmen] members of council, to be elected in the common vleas shall abolish all wards in any borough and when the report year 1967, being successors to those elected in the year 1963, whose in such case is confirmed by the court, it shall, at the same time, decree terms, as heretofore provided by law, expire on the first Monday of the election of seven [councilmen] members of council at large for the January, 1968. All [councilmen] members of council whose terms expire borough in such manner as not to interfere with the terms of those ward on the first Monday of January, 1970 shall continue to hold their office [councilmen] members of council theretofore elected. In decreeing such until the first Monday of January, 1970, as now provided, and their election, where there were theretofore: successors shall be elected at the municipal election in the year 1969, to (I) Seven [councilmen] members of council, the decree shall be so serve for a term of four years, from the first Monday of January next made that, at the first municipal election thereafter the electors shall elect succeeding. If for any reason [councilmen] members of council are not three or four [councilmen] members of council, as the case may be, the elected as hereinabove provided, [councilmen] members ofcouncil whose number to be elected to be that which, when added to the number of terms end on the same date shall cast lots to determine who shall serve for [councilmen] members of council already in office whose terms are not a two-year term and who shall serve for a four-year term. The secretary of about to expire, shall bring the membership of the council to seven. Such the borough shall certify the results to the appropriate county board of newly elected [councilmen] members of council shall serve for terms of elections. Biennially thereafter, at the municipal election, a sufficient four years from the first Monday of January next succeeding such first number of [councilmen] members of council shall be elected, for a term municipal election, except that, in any case where the election of of four years from the first Monday of January next succeeding, to fill the four [councilmen] members of council shall be required to bring the places of those whose terms, under the provisions of this act, shall expire membership of council to its full complement of seven, and only on the first Monday of January next following such election. three [councilmen] members of council are elected at such municipal Section 8. Sections 812, 813, 814, 816 and 817 of the act are election in the other boroughs of the State not divided into wards, amended to read: three [councilmen] members of council shall be elected for four-year Section 812. Election of [Councilmen] Members of Council Where terms and one for a two-year term. Thereafter, at every succeeding New Wards Created.-Whenever the [court of quarter sessions] court of municipal election, the electors shall elect three or four [councilmen] common leas shall divide any borough into wards, erect new wards out members of council, as the case may be, each to serve for a term of of two or more wards or parts thereof, divide a ward already erected into four years from the first Monday of January following such municipal two or more wards, or create a new ward out of annexed territory, and election. when the report, in such case, is confirmed by the court, it shall, at the (2) Eight or more [councilmen] members of council, the decree same time, decree the election of an equal number of [councilmen] shall be so made that, at the first municipal election thereafter the electors members of council, in each of the wards, in such manner as not to shall elect a sufficient number of [councilmen] members of council that, interfere with the terms of those theretofore elected. Where a borough is when added to the number of [councilmen] members of council already first divided into wards, the court shall fix the number of [councilmen] in office whose terms are not about to expire, will bring the membership members of council in each ward at not more than two. In decreeing such of the council to seven. Such newly elected [councilmen] members of election, when the entire number of council shall be composed of an even council shall serve for terms of four years from the first Monday of number, the decree shall be so made that one-half of the entire number January next succeeding such first municipal election. At the second shall thereafter be elected at each municipal election. When the entire municipal election after such decree, the electors shall elect a sufficient number .of council shall be an odd number, the court shall divide such number of [councilmen] members of council, that, when added to the council into two classes, and shall make its decrees so that one-half of the number of [councilmen] members of council elected at the previous LEGISLATIVE JOURNAG--HOUSE JUNE 11 municipal election, shall bring the membership of council to its full to the latest official census, had a population of not more than -. complement of seven, some of such [councilmen] members of council three thousand, reduce the total number of [councilmen] members of elected at such second municipal election to serve for a four-year term council for such borough from seven to five or to three. The sufficiency following the first Monday of January next succeeding, the remainder to of the number of signers to any such petition shall be ascertained as of the serve for a two-year term, the number in each case to be that required to date when the petition is presented to court. bring the number of [councilmen] members of council to be elected in The court shall give notice of the filing of such petition by such borough in succeeding municipal elections into conformity with the advertisement in the legal journal of the county, if one is published in the number elected in the other boroughs of the Commonwealth not divided county, and in one newspaper of general circulation in the borough, and into wards. In the third and all subsequent municipal elections following in such notice shall fix a day and time for hearing. After such hearing, the such decree of court, the electors shall elect three or four [councilmen] court may decrease the number of [councilmen] members of council members of council, as the case may be, each to serve for a term of elected in such borough from seven to five or three, as requested in the four years from the first Monday of January following such municipal petition. election. At the municipal election following the decrease in the number of In any such borough where, under the ward system of electing [councilmen]'members of council in such borough, from seven to five, if [councilmen] members of council, the council shall have been so large four [councilmen] members of council would otherwise have been that there shall be seven or more [councilmen] members of council whose elected, there shall instead be elected three [councilmen] members of terms shall not expire on the first Monday of January following the first council; if three [councilmen] members of council would otherwise have municipal election after such decree, no [councilmen] members of council been elected there shall instead be elected two [councilmen] members of shall be elected at such first municipal election, and the [councilmen] council. At the second municipal election following the decrease in the members of council remaining in office shall constitute such borough number of [councilmen] members of council in such borough, if council until the first Monday of January following the second municipal four [councilmen] members of council would otherwise have been election following such decree. At such second municipal election, elected, there shall instead be elected three [councilmen] members of seven [councilmen] members of council shall be elected in such borough, council; if three [councilmen] members of council would otherwise have some to serve for a four-year term of office from the first Monday of been elected, there shall be elected two [councilmen] members of council. January following such second municipal election, the remainder to serve At all following municipal elections, there shall be elected the proper for a two-year term, the number in each case to be such as to bring the number of [councilmen] members of council to correspond to the number number of [councilmen] members of council to be elected in such of [councilmen] members of council whose terms are to expire the borough in succeeding elections into conformity with the number elected first Monday of the following January. in other boroughs of the Commonwealth not divided in towards. At the municipal election following the decrease in the number of Thereafter, at the third and all subsequent municipal elections following [councilmen] members of council in such borough from seven to three, such decree, the electors shall elect three or four [councilmen] members if four [councilmen] members of council would otherwise have been of council, as the case may be, each to serve for a term of four years from elected there shall instead be elected two [councilmen] members of the first Monday of January following such subsequent municipal council; if three [councilmen] members of council would otherwise have election. been elected there shall instead be elected one [councilman] member of (3) Six or fewer [councilmen] members of council, the decree shall council. At the second municipal election following the decrease in the be made so that at the first municipal election thereafter, the electors shall number of [councilmen] members of council in such borough, if elect a sufficient number of [councilmen] members of council that, when four [councilmen] members of council would otherwise have been added to the number of [councilmen] members of council already in elected, there shall instead be elected two [councilmen] members of office whose terms are not about to expire, will bring the membership of council; if three [councilmen] members of council would otherwise have council to its full complement of seven. Of such newly elected been elected, there shall be elected one [councilman] member of council. [councilmen] members of council, either three or four, as necessary to At all the following municipal elections, there shall be elected the proper bring the number of [councilmen] members of council to be elected in number of [councilmen] members of council to correspond to the such borough in succeeding municipal elections into conformity with the number of [councilmen] members of council whose terms are to expire number elected in other boroughs of the Commonwealth not divided into the first Monday of the following January. wards, shall be elected for four-year terms of office, beginning the In any borough where, under the provisions of this section, the first Monday of January following such first municipal election, and the number of [councilmen] members of council shall be reduced, the balance shall be elected for two-year terms. Thereafter, at the second [councilmen] members of council then in office shall remain in office municipal election following such decree and at all subsequent municipal until the end of their respective terms. If any such borough shall thereafter elections, the electors shall elect three or four [councilmen] members of attain a population in excess of three thousand, according to the latest council, as the case may be, to serve for a term of four years from the official census, the number of [councilmen] members of council shall first Monday of January following such subsequent municipal election. automatically be increased from three or five to seven, following the In any case where a vacancy may occur, at any time following such reverse of the procedure set forth in the third or fourth paragraph of this decree, in the office of a [councilman] member of council originally section, as the case may be. elected or appointed from a particular ward, the person appointed to fill Amend Sec. 2, page 2, line 1, by striking out "2" and inserting such vacancy need not be a resident of the area formerly comprising such 10 ward, but need only be a registered elector of the borough. Amend Bill, page 3, by inserting between lines 27 and 28 Section 817. Vacancies Created After a Primary Election.- Section 1 I. Sections 903 and 904 of the act are amended to read: Whenever a decree of court is made after a primary election and, as a Section 903. Right of Council to Declare Seat of [Councilmen] result thereof, a vacancy is created in the office of [councilman] member Member Vacant for Failure to Qualify.-If any person, elected or of council, it may be filled by nomination made by such committee as is appointed as a member of council, who has been notified of [his] election authorized by the rules of the party to make nominations in the event of or appointment, shall refuse or neglect to qualify as such member of vacancies on the party ticket. council within ten days next succeeding the beginning of [his] Section 9. Section 818 of the act, amended March 30, 1988 person's term of ofice, unless prevented by sickness or prevented by (P.L.309, No.40), is amended to read: necessary absence from the borough, the borough council, acting without Section 818. Decrease in Number of [Councilmen] Members of such person, may declare [his] the oerson's office as member of council Council.-The court of common pleas may, upon petition of at least vacant, and may fill such vacancy as provided in section 901 of this act. five percent of the registered electors of any borough, which, according 200 1 LEGISLATIVE JOURNALHOUSE 1273 1 ! For such actions a majority of the remaining members of the council shall council shall take and subscribe an oath or affirmation to support the constitute a quorum. Constitution of the United States and of the Commonwealth of Section 904. Right of Council to Declare Seat of [Councilman] Pennsylvania and to perform the duties of their office with fidelity, Member Vacant for Failure to Attend Meetings, Etc.-If any person, together with such loyalty oath as is prescribed and required by law. The having qualified as a member of council, shall neglect or refuse to attend oath or affirmation may be taken before any judge or justice of the peace two successive regular meetings unless detained by sickness, or prevented of the county, or before the mayor of the borough when he has qualified, by necessary absence from the borough, or if in attendance at any and shall be filed with the borough secretary and be preserved among the meetings shall neglect or refuse to vote or by [his] withdrawal from records of the borough for a period of six years. council or otherwise refuse to act in [his] the verson's official capacity as Section 1003. When the Mayor May Preside Over Council and a member of council, the borough council, acting without such person, Vote; Attendance of Mayor at Council Meetings; Breaking Tie Votes.- may declare [his] the verson's office as a member of council vacant, and The mayor shall preside over the organization of the council, until it is may fill such vacancy as provided in section 901 of this act. For such organized as provided in section 1001, and he shall be deemed a member actions a majority of the remaining members of the council shall of council at the organization meeting if his membership becomes constitute a quorum. necessary to constitute a quorum, but he shall not vote thereat unless his No such office shall be declared vacant for failure to attend vote shall, for any reason whatsoever, be required to effect the meetings of the council until the holder thereof shall have been given organization of council, or to elect any officer who is required to be or opportunity of hearing before the remaining members of the council, at may be elected at the organization meeting. In case of the absence of the which time he shall show cause why he shall not be removed. He shall be mayor at the organization meeting, one of the members of council, chosen given at least ten days' written notice of the time and place of such by the members present at the meeting, shall preside. hearing. The mayor may attend any or all regular and special meetings of Section 12. Section 1001 of the act, amended October 3 1, 1995 council and may take part in the discussions of the council on matters (P.L.346, No.58), is amended to read: pertaining to borough affairs, subject to any restrictions applicable to Section 1001. Organization of Council; Quorum; Compensation; [councilmen] members of council contained in the rules of order or Eligibility.-The borough council shall organize on the first Monday of bylaws of the council. In all cases where, by reason of a tie or split vote, January of each even-numbered year, by electing one of their number as the council of any borough shall be unable to enact or pass any ordinance, president and one of their number as vice-president, who shall hold such resolution, or motion, or to declare or fill any vacancy in its membership, offices at the pleasure of the council. If the first Monday is a legal 1 or in any other borough office, or to take any action on any matter holiday, the meeting and organization shall take place the first day lawhllly brought before it, the mayor, if in attendance at the meeting, may following. Any action taken by any borough council at any time between at his option cast the deciding vote, or request that the matter be tabled 12:Ol o'clock ante meridian on January I of an even-numbered year and until a special meeting of council to be held within not less than five days the organization of council in that year shall be subject to reconsideration or more than ten days at which time the matter shall be reconsidered by by the new council at any time within ten days after such organization. council and, if a tie or split vote still exists, it shall be the duty of the The council may at the organization meeting elect such other officers as mayor at that time to cast the deciding vote. If such a tie or split vote shall may be provided for by law or ordinance, or as may be deemed necessary occur at any meeting when the mayor is not in attendance the matter shall for the conduct of affairs of the borough and may transact such other be tabled to a special meeting to be held within not less than five days or business as may come before the meeting. The president, and during [his] more than ten days as set by the president of council, and the mayor shall the vresident's absence or incapacity the vice-president, shall preside over be given at least five days' notice of such meeting, at which meeting it the meetings of council and perform such other duties as are prescribed shall be the duty of the mayor to cast the tie-breaking vote. by this act or by ordinance. A majority of the membership of council then Section 1004. Failure of Council to Organize.-If the council of any in office shall constitute a quorum. [Councilmen] Members of council borough shall fail to organize within ten days from the time prescribed in may receive compensation to be fixed by ordinance at any time and from this article, the court of [quarter sessions] common vleas, upon the time to time as follows: In boroughs with a population of less than petition of at least ten registered electors of the borough verified by the five thousand, a maximum of eighteen hundred seventy-five dollars affidavit of one of the petitioners, shall issue a rule upon the delinquent ($1 875) a year; in boroughs with a population of five thousand or more [councilmen] members of council to show cause why their seats should but less than ten thousand, a maximum of two thousand five hundred not be declared vacant. The rule shall be returnable not less than five days dollars ($2500) a year; in boroughs with a population of ten thousand from the time of its issue and, after hearing, the court may declare the or more but less than fifteen thousand, a maximum of three thousand seats of such [councilmen] members of council, as are responsible for two hundred fifty dollars ($3250) a year; in boroughs with a population such failure to organize, vacant, and shall thereupon appoint others in of fifteen thousand or more but less than twenty-five thousand, a their stead, who shall hold office for the respective unexpired terms. maximum of four thousand one hundred twenty-five dollars ($4125) a Section 1005. Powers of Council.-The council of the borough shall year; in boroughs with a population of twenty-five thousand or more but have power: less than thirty-five thousand, a maximum of four thousand three hundred *** seventy-five dollars ($4375) a year; and in boroughs with a population of (7) To provide by ordinance passed by a two-thirds vote of the thirty-five thousand or more, a maximum of five thousand dollars ($5000) entire number of [councilmen] members of council elected, for the a year. Such salaries shall be payable monthly or quarterly for the duties appointment of an independent auditor who shall be a certified public imposed by the provisions of this act. accountant, registered in Pennsylvania, a firm of certified public The population shall be determined by the latest available official accountants so registered or a competent public accountant or a competent census figures. In no case shall the compensation for any [councilman] firm of public accountants. Where such an ordinance has been so adopted, member of council exceed that of the mayor in any given borough: an independent auditor shall be appointed, annually, by resolution before Provided, however, That wherever the mayor's compensation exceeds that the close of a fiscal year, to make an independent examination of the authorized by this section for [councilmen] members of council, the accounting records of the borough for such fiscal year and such president of council may receive compensation not to exceed that of the independent auditor shall also perform the other duties and exercise the office of mayor. powers as conferred upon him by subdivision (k) of article XI of this act. Section 13. Sections 1002, 1003, 1004 and 1005(7) of the act are When an independent auditor is appointed as herein provided, the office amended to read: of elected borough auditor or controller, as the case may be, is thereby Section 1002. Oath of (Councilmen] Members of Council.-Before abolished although the borough auditors, or controller, then in ofice shall entering upon the duties of their office, the [councilmen] members of continue to hold their office during the term for which elected and the LEGISLATIVE JOURNALHOUSE JUNE 1I borough auditors or controller shall not audit, settle, or adjust the reasonable diligence could know, shall be interested to any appreciable I accounts audited by such independent auditor but shall perform the other degree either directly or indirectly in any purchase made or contract duties of their office. entered into or expenditure of money made by the borough or relating to Whenever any borough has provided by ordinance for the audit of the business of the borough, involving the expenditure by the borough of its accounts by an appointed auditor, the borough shall have the right at more than one thousand dollars ($1000) in any calendar year, but this any time to repeal said ordinance, and thereupon the office of appointed limitation shall not apply to cases where such officer or appointee of the auditor shall be abolished, as of the date set in such ordinance and said borough is an employe of the person, firm or corporation to which the borough shall have the further right at the next municipal election money is to be paid in a capacity with no possible influence on the following the repeal of said ordinance to elect three auditors, one for a transaction, and in which he cannot be possibly benefited thereby either term of two years, one for a term of four years, and one for a term of financially or otherwise. But in the case of a [councilman] member of six years, frdm the first Monday of January succeeding such election, council or mayor, if he knows that he is within the exception just which auditors so elected shall succeed the appointed auditor and shall mentioned he shall so inform council and shall refrain from voting on the have and possess all the powers and perform all the duties provided in this expenditure or any ordinance relating thereto, and shall in no manner act for elected auditors. If at any time after the effective date of any such participate therein. Any official or appointee who shall knowingly violate ordinance abolishing the office of appointed auditor, there shall be a the provisions of this section shall be subject to surcharge to the extent of vacancy in the office of elected auditor, council shall fill such vacancies the damage shown to be thereby sustained by the borough and to ouster in the manner prescribed in section 901 of this act. from office, and shall be guilty of a misdemeanor, and upon conviction * * * thereof shall be sentenced to pay a fine not exceeding one thousand Section 14. Section 1030 of the act, amended December 17, 1990 dollars ($1 OOO), or not exceeding one hundred eighty days' imprisonment, (P.L.739, No. 184), is amended to read: or both. Section 1030. When President or Vice-President of Council to Section 17. Section 3 103 of the act, amended ~ctober9, 1967 Act as Mayor.-Whenever the mayor is absent or incapacitated, or there (P.L.399, No. 18 I), is amended to read: is a vacancy in the office, the duties of the office shall be discharged by Section 3103. Oaths of Members, Secretary and Health Officer; the president of council, or in the absence or incapacity of the president Organization; Bonds.-The members of the board shall severally take and of council, or where there is a vacancy in the office, by the vice-president subscribe to the oath prescribed for borough [councilmen] members of of council. While discharging the duties of mayor, the president or council together with such loyalty oath as is prescribed and required by vice-president of council shall be entitled to the same salary as the mayor law; and shall annually organize by electing a president from among the would receive, and, during the time such salary is paid to the president or members of the board, a secretary who may or may not be a member of vice-president of council as acting mayor, the mayor shall not be paid the board, and a health officer shall receive such salary as may be fixed compensation. The president or vice-president of council, when acting as by the board, and ratified by the borough council, and shall serve for a mayor, shall have power to veto any proposed ordinance or to break a tie, period until such time as their successors may be elected and qualified. If but shall not have power to vote as [councilman] a member of council. the borough council shall so require, they shall severally give bond to the Section 15. Section 1104 of the act, amended March 28, 1990 borough in such sums as council shall prescribe for the faithful discharge (P.L.82, No. IS), is amended to read: of their duties. They shall take and subscribe to the oaths required of Section 1 104. Appointments; Incompatible Offices.-Unless there members of the board. is incompatibility in fact, any elective or appointive officer of the borough Amend Sec. 3, page 3, line 28, by striking out "3" and inserting shall be eligible to serve on any board, commission, bureau or other 18 agency created by or for the borough, or any borough office created or authorized by statute and may accept appointments thereunder, but no On the question, mayor or [councilman] member of council shall receive compensation Will the House agree to the amendment? therefor. No elected borough official of a borough with a population of 3,000 or more may serve as an employe of that borough. Where there is The following roll call was recorded: no incompatibility in fact, and subject to the foregoing provisions as to 1 compensation, appointees of council may hold two or more appointive borough offices, but. no mayor or member of council may serve as I borough manager or as secretary or treasurer. No person holding the Adolph Evans, D. Maher Saylor office of justice of the peace may at the same time hold the ofice of Allen Evans, J. Maitland Schroder borough treasurer. The offices of secretary and treasurer may be held by Argall . Fairchild Major Schuler the same person when so authorized by ordinance. Nothing herein Armstrong Feese Manderino Scrimenti contained shall affect the eligibility of any borough official to hold any Baker, J. Fichter Mann Semmel Baker, M. Fleagle Markosek Shaner other public office or receive compensation therefor. All appointments to Bard Flick Marsico Smith, B. be made by the council or the corporate authorities shall be made by a Barley Forcier Mayemik Smith, S. H. majority of the members of council attending the meeting at which the Barrar Frankel McCall Solobay appointment is made, unless a different vote is required by statute. Bastian Freeman McGeehan Staback Section 16. Sections 1 194 and 1404 of the act are amended to read: Bebko-Jones Gabig McGill Stairs Section 1 194. Penalty.-Any [councilman] member of council who, Belfanti Gannon Mcllhattan Steelman Bemlinghoff , Geist McNaughton Steil by his vote, causes to be appointed any person to the police force or as a Binnelin George Melio Stem fire apparatus operator contrary to the provisions of this subdivision, or Bishop Godshall Metcalfe Stetler any [councilman] member of council or member of the commission who Blaum Gordner Michlovic Stevenson, R. wilfully refuses to comply with, or conform to, the provisions of Boyes Grucela Micozzie Stevenson, T. (j) Browne Gruitza Miller, R. Strimnatier subdivision of this article, shall be deemed guilty of a misdemeanor, Bunt Habay Miller, S. Sturla and upon conviction thereof, shall be sentenced to pay a fine not Butkovitz Haluska Mundy Surra exceeding one hundred dollars ($loo), or suffer imprisonment not Buxton Hanna Myers Tangretti exceeding three months, or both. Caltagirone Harhai Nailor Taylor, .I. Section 1404. Penalty for Personal Interest in Contracts or Cappelli Harhart Nickol Thomas Tigue Purchases.-Except as otherwise provided in this act, no borough official Casorio Harper O'Brien Cawley Hasay Oliver Travaglio either elected or appointed, who knows or who by the exercise of Civera Hennessey Pallone Trello LEGISLATIVE JOURNAL--HOUSE

Clark Herman Perzel Trich On the question, Clymer Hershey Petrarca Tulli Cohen, L. I. Hess Petrone Vance Will the House agree to the amendment? Cohen, M. Horsey Phillips Veon Colafella Hutchinson Pickett Vitali Coleman Jadlowiec P~PPY Walko POINT OF ORDER Cornell James Pistella Wansacz Corrigan Josephs Preston Washington The SPEAKER pro tempore. For what purpose does the Costa Kaiser Raymond Waters gentleman, Mr. Vitali, rise? COY Keller Readshaw Watson Creighton Kenney Reinard Williams, C. Mr. VITALI. A point of order. Cruz Kirkland Rieger Williams, J. The SPEAKER pro tempore. The House will come to order. cuny Krebs Roberts Wilt Dailey LaGrotta Robinson Wogan The gentleman, Mr. Vitali, will state hls point of order. Daley Laughlin Roebuck Wojnaroski Mr. VITALI. Again, I raised this concern the other day; just Dally Lawless Rohrer Wright having a little problem following the process. I just want the DeLuca Lederer Rooney Yewcic Dermody Leh Ross Y oungblood makers of the amendments to adhere to the rules and give a brief DeWeese Lescovitz Rubley Yudichak description of what they are prior to voting on them. DiGirolamo Levdansky Rufting 2% The SPEAKER pro tempore. The Chair thanks the gentleman. Diven Lewis Sainato Donatucci Lucyk Samuelson The Chair recognizes the gentleman, Mr. Nickol, who offers a Eachus Lynch Santoni Ryan, brief explanation of the amendment. Egolf Mackereth Sather Speaker Mr. VITALI. Thank you. Mr. NICKOL. Thank you, Mr. Speaker. This amendment is the same as legislation that was passed by the House unanimously fairly recently. What it does is it would NOT VOTING4 increase the compensation for auditors in our boroughs. Currently auditors are compensated at the rate of not less than $15 nor more than $30 for a day, and a day consisting of not less than 5 hours, and it would take the compensation to that which is roughly Belardi Mcllhinney Taylor, E. 2. Zimmerrnan equivalent to what is paid auditors in second-class townships, which is $5 an hour but not more than $10 an hour. The majority having voted in the affirmative, the question was Currently our borough auditors are compensated for most days determined in the affirmative and the amendment was agreed to. at less than minimum wage. It is no wonder we have difficulty in filling these positions, getting anybody to run or anybody to On the question, continue serving for the full 6-year tern. This legislation, like I Will the House agree to the bill on third consideration as say, will increase the compensation and hopefully attract better amended? qualified people to these positions. Thank you, Mr. Speaker. Mr. NICKOL offered the following amendment No. A1834: The SPEAKER pro tempore. The Chair thanks the gentleman.

Amend Bill, page 3, by inserting between lines 27 and 28 On the question recumng, Section 3. Section 1053 of the act, amended April 1 1, 1974 Will the House agree to the amendment? (P.L.255, No.64), is amended to read: Section 1053. Compensation of Auditors.-[Each auditor shall The following roll call was recorded: receive no less than fifteen dollars ($1 5) or more than thirty dollars.($30), as council may determine, per day for each day necessarily employed in the discharge of his duties, to be paid by the borough. A day shall consist of not less than five hours in the aggeiate.1 la) ~"biectto the limitations Adolph Evans, D. Maher Saylor set forth in subsection (b), each auditor shall receive no less than Allen Evans, J. Maitland Schroder five dollars ($5) nor more than ten dollars ($101 as council may Argall Fairchild Major Schuler Armstrong Feese Manderino Scrimenti d) d) Baker, J. Fichter Mann Semmel in the discharge of his duties. to be uaid bv the borough. Baker, M. Fleagle Markosek Shaner /b) No auditor in a borough having a uo~ulationof ten thousand or Bard Flick Marsico Smith, B. less shall be entitled to receive more than one thousand dollars ($1.000) Barley ForcKr Mayemik Smith, S. H. for com~letinethe annual audit. settlement and adiustment. No auditor in Barrar Frankel McCall Solobay Bastian Freeman McGeehan Staback a borough having a ~ouulationin excess of ten thousand shall be entitled Bebko-Jones Gabig McGill Stairs to receive more than two thousand dollars ($2.000) for com~letingthe Belfanti Gannon Mcllhattan Steelman annual audit. settlement and adiustment. Benninghoff Geist McNaughton Steil (c) Each auditor shall be reimbursed for travel costs incurred in the Birmelin George Melio Stem performance of the audit in^ duties at the rate established by the borough Bishop Godshall Metcalfe Stetler Blaum Gordner Michlovic Stevenson, R. council under the act of July 20. 1979 (P.L. 156. No.5 I ). referred to as the Boyes Gmcela Micozzie Stevenson, T. Uniform Mileage Fee Law, and for other actual expenses. including Browne Gmitza Miller, R. Strittmatter postage, notary.fees or uublication costs, necessarily incurred during the Bunt Habay Miller, S. Sturla audit. Butkovitz Haluska Mundy Surra Amend Sec. 3, page 3, line 28, by striking out "3" and inserting Buxton Hanna Myers Tangretti Caltagirone Harhai Nailor Taylor, J. 4 Cappelli Harhart Nickol Thomas LEGISLATIVE JOURNAL--HOUSE JUNE 11 - Casorio Harper O'Brien Tigue Barley Forcier Mayemik Smith, S. H. Cawley Hasay Oliver Travaglio Barrar Frankel McCall Solobay Civera Hennessey Pallone Trello Bastian Freeman McGeehan Staback Clark Herman Perzel Trich Bebko-Jones Gabig McGill Stairs Clymer Hershey Petrarca Tulli Belfanti Gannon Mcllhattan Steelman Cohen. L. I. Hess Petrone Vance Benninghoff Geist McNaughton Steil Cohen, M. Horsey Phillips Veon Birmelin George Melio Stem Colafella Hutchinson Pickett Vitali Bishop Godshall Metcalfe Stetler Coleman Jadlowiec P~PPY Walko Blaum Gordner Michlovic Stevenson, R. Comell James Pistella Wansacz Boyes Grucela Micozzie Stevenson, T. Corrigan Josephs Preston Washington Browne Gmitza Miller, R. Strittmatter Costa Kaiser Raymond Waters Bunt Habay Miller, S. Sturla COY. Keller Readshaw Watson Butkovitz Haluska Mundy sum Crelghton Kenney Reinard Williams, C. Buxton Hanna Myers Tangretti Cruz Kirkland Rieger Williams, J. Caltagirone Harhai Nailor Taylor, J. curry Krebs Roberts Wilt Cappelli Harhart Nickol Thomas Dailey LaGrotta Robinson Wogan Casorio Harper O'Brien Tigue Daley Laughlin Roebuck Wojnaroski Cawley Hasay Oliver Travaglio Dally Lawless Rohrer Wright Civera Hennessey Pallone Trello DeLuca Lederer Rooney Yewcic Clark Herman Perzel Trich Dermody Leh Ross Y oungblood Clymer Hershey Petrarca Tulli DeWeese Lescovitz Rubley Yudichak Cohen, L. I. Hess Petrone Vance DiGirolamo Levdansky Ruffing zug Cohen, M. Horsey Phillips Veon Diven Lewis Sainato Colafella Hutchinson Pickett Vitali Donatucci Lucyk Samuelson Coleman Jadlowiec P~PPY Walko Eachus Lynch Santoni Ryan, Comell James Pistella Wansacz Egolf Mackereth Sather Speaker Corrigan Josephs Preston Washington Costa Kaiser Raymond Waters COY Keller Readshaw Watson NAYS4 Crelghton Kenney Reinard Williams, C. Cruz Kirkland Rieger Williams, J. NOT VOTING4 Curry Krebs Roberts Wilt Dailey LaGrotta Robinson Wogan Daley Laughlin Roebuck Wojnaroski EXCUSED4 Dally Lawless Rohrer Wright DeLuca Lederer Rooney Yewcic Ross Youngblood Belardi Mcllhinney Taylor, E. Z. Zimmerman Dermody Leh De Weese Lescovitz Rubley Yudichak DiGirolamo Levdansky Ruffing zug Diven Lewis Sainato The majority having voted in the affirmative, the question was Donatucci Lucyk Samuelson Eachus Lynch Santoni Ryan, determined in the affirmative and the amendment was agreed to. Egolf Mackereth Sather Speaker

On the question recurring, NAYS4 Will the House agree to the bill on third consideration as amended? NOT VOTING-O

The SPEAKER pro tempore. The Chair has been advised that the gentleman, Mr. George, has withdrawn amendment 2427. Belardi Mcllhinney Taylor, E. Z. Zimmerman 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. affirmative, the question was determined in the affirmative and the bill passed finally. The SPEAKER pro tempore. This bill has been considered on Ordered, That the clerk return the same to the Senate with the three different days and agreed to and is now on final passage. information that the House has passed the same with amendment The question is, shall the bill pass finally? in which the concurrence of the Senate is requested. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken.

The following roll call was recorded: The House proceeded to third consideration of HB 1697, PN 2094, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Adolph Evans, D. Maher Saylor Pennsylvania Consolidated Statutes, further providing for the number of Allen Evans, J. Maitland Schroder judges of the courts of common pleas in certain judicial districts. Argall Fairchild Major Schuler Armstrong Feese Manderino Scrimenti Baker, J. Fichter Mann Semmel On the question, Baker, M. Fleagle Markosek Shaner Will the House agree to the bill on third consideration? Bard Flick Marsico Smith, B. Bill was agreed to. 200 1 LEGISLATIVE JOURNAL-HOUSE 1277

The SPEAKER pro tempore. This bill has been considered on Ordered, That the clerk present the same to the Senate for three different days and agreed to and is now on final passage. concurrence. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and * * * nays will now be taken. The House proceeded to third consideration of HB 1402, The following roll call was recorded: PN 1648, entitled:

An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further providing for telecommunications services Adolph Evans, D. Maher Saylor provided to State correctional institutions. Allen Evans. J. Maitland Schroder Argall Fairchild Major Schuler Armstrong Feese Manderino Scrimenti On the question, Baker, J. Fichter Mann Semmel Will the House agree to the bill on third consideration? Baker, M. Fleagle Markosek Shaner Bill was agreed,to. Bard Flick ' Marsico Smith. B. Barley Forcier Mayernik smith; S. H. Barrar Frankel McCall Solobay The SPEAKER pro tempore. This bill has been considered on Bastian Freeman McGeehan Staback three different days and agreed to and is now on final passage. Bebko-Jones Gabig McGill Stairs Belfanti Gannon Mcllhattan Steelman The question is, shall the bill pass finally? Benninghoff Geist McNaughton Steil Agreeable to the provisions of the Constitution, the yeas and Birmelin George Melio Stem nays will now be taken. Bishop Godshall Metcalfe Stetler Blaum Gordner Michlovic Stevenson, R. Boyes Grucela Micozzie Stevenson, T. The following roll call was recorded: Browne Gruitza Miller, R. Strittmatter Bunt Habay Miller, S. Sturla Butkovitz Haluska Mundy ' Surra Buxton Hanna Myers Tangretti Caltagirone Harhai Nailor Taylor, J. Adolph Evans, J. Maher Saylor Cappelli Harhart Nickol Thomas Allen Fairchild Maitland Schroder Casorio Harper O'Brien Tigue Argall Feese Major Schuler Cawley Hasay Oliver Travaglio Armstrong Fichter Manderino Scrimenti Civera Hennessey Pallone Trello Baker, J. Fleagle Mann Semmel Clark Herman Perzel Trich Baker. M. Flick Markosek Shaner Clymer Hershey Petrarca Tulli Bard Forcier Marsico Smith. B. Cohen, L. I. Hess Petrone Vance Barley Frankel Mayemik Sinith. S. H. Cohen, M. Horsey Phillips Veon Barrar Freeman McCall Solobay Colafella Hutchinson Pickett Vitali Bastian Gabig McGeehan Staback Coleman Jadlowiec P~PPY Walko Bebko-Jones Gannon McGill Stairs Comell James Pistella Wansacz Belfanti Geist Mcllhattat~ Steelman Comgan Josephs Preston Washington Benninghoff George McNaughton Steil Costa Kaiser Raymond Waters Birmelin Godshall Melio Stem COY Keller Readshaw Watson Bishop Gordner Metcalfe Stetler Cre~ghton Kenney Reinard Williams, C. Blaum Gmcela Michlovic Stevenson, R. CNZ Kirkland Rieger Williams, J. Boyes Gmitza Micozzie Stevenson, T. CUT Krebs Roberts Wilt Browne Habay Miller, R. Strittmatter Dailey LaGrotta Robinson Wogan Bunt Haluska Miller, S. Sturla Daley Laughlin Roebuck Wojnaroski Butkovitz Hanna Mundy Surra Dally Lawless Rohrer Wright Buxton Harhai Myers Tangretti DeLuca Lederer Rooney Yewcic Caltagirone Harhart Nailor Taylor, J. Dermody Leh Ross Youngblood Cappelli Harper Nickol Thomas DeWeese Lescovitz Rubley Yudichak Cawley Hasay O'Brien Tigue Civera DiGirolamo Levdansky Ruffing Zug Hennessey Oliver Travaglio Diven Lewis Sainato Clark Herman Pallone Trello Donatucci Lucyk Samuelson Clymer Hershey Perzel Trich Eachus Lynch Santoni Ryan, Cohen, L. I. Hess Petrarca Tulli Egolf Mackereth Sather Speaker Cohen, M. Horsey Petrone Vance Colafella Hutchinson Phillips Veon Coleman Jadlowiec Pickett Vitali Comell James P~PPY Walko Conigan Josephs Pistella Wansacz NOT VOTING4 Costa Kaiser Preston Washington COY, Keller Raymond Waters Crelghton Kenney Readshaw Watson CNZ Kirkland Reinard Williams, C. CUT Krebs Rieger Williams, J. Dailey Belardi Mcllhinney Taylor, E. Z. Zimmerman LaGrotta Roberts Wilt Daley Laughlin Robinson Wogan Dally Lawless Roebuck Wojnaroski DeLuca Lederer Rohrer Wright The majority required by the Constitution having voted in the Dermody Leh Rooney Yewcic DeWeese Lescovitz Rubley Youngblood affmtive, the question was determined in the affmtive and the DiGirolamo Levdansky Rufing Yudichak bill passed finally. Diven Lewis Sainato Zug Donatucci Lucyk Samuelson 1278 LEGISLATIVE JOURNALHOUSE JUNE 11 T Eachus Lynch Santoni Ryan, Mr. GEORGE. Thank you, Mr. Speaker. Egolf Mackereth Sather Speaker Evans, D. Mr. Speaker, research proves and supports the argument that smaller class size raises student achievement, so students in NAYS-;! smaller class sizes have higher grades and better education rates and are more likely to attend college. So, Mr. Speaker, HB 204 Casorio Ross simply states that the school districts have to provide overall class-size numbers. The intent of this bill is to encourage greater NOT VOTING4 public understanding of a local school district's educational performance through school profiles. This amendment improves EXCUSED4 the bill by asking the school districts to provide that profile and also include the percentage of elementary school classes Belardi Mcllhinney Taylor, E. Z. Zimmerman categorized. within class size and the percentage of secondary school math and English classes categorized within school class size. The majority required by the Constitution having voted in the Mr. Speaker, we should count what is important and give affitive, the question was determined in the affmtive and the parents as much information about our schools as possible. I ask bill passed finally. for an affirmative vote. Ordered, That the clerk present the same to the Senate for The SPEAKER pro tempore. The Chair thanks the gentleman. concurrence. On the question recumng, Will the House agree to the amendment? 204, The House proceeded to third consideration of HB The following roll call was recorded: PN 2051, entitled:

An Act establishing a system for collecting information from school districts and other school entities in a uniform manner; making the Adolph Evans, J. Major Saylor information accessible to the public; imposing duties and responsibilities Allen Fairchild Manderino Schroder on the Department of Education and various school entities; and Argall Feese Mann Scrimenti establishing financial penalties for noncompliance. Armstrong Fichter Markosek Semmel Baker. M. Fleagle Marsico Shaner On the question, Bard Flick Mayemik Smith, B. Barley Forcier McCall Smith, S. H. Will the House agree to the bill on third consideration? Barrar Frankel McGeehan Solobay Bebko-Jones Freeman Mcllhattan Staback A2428: Belfanti Gannon McNaughton Stairs Mr. GEORGE offered the following amendment No. Bishop Geist Melio Steelman Blaum George Michlovic Stetler Amend Sec. 5, page 17, by inserting between lines 2 and 3 Boyes Godshall Micouie Strittmatter (13.1) The percentage of elementary school classes within Browne Gordner Miller, S. Sturla each of the following categories: Bunt GNcela Mundy Sum Butkovitz Gruitza Myers Tangretti (i) 1 through 20 students. Buxton Haluska Nailor Taylor, J. ' (ii) 2 1 through 23 students. Caltagirone Hanna Nickol Thomas (iii) 24 through 26 students. Cappelli Harhai O'Brien Tigue (iv) 27 through 29 students. Casorio Harhart Oliver Travaglio (v) 30 or more students. Cawley Harper Pallone Trello Civera Hasay Perzel Trich (13.2) The percentage of secondary school, math and Clark Hennessey Petrarca Tulli English classes within each of the following categories: Cohen, L. I. Herman Petrone Vance (i) I through 20 students. Cohen, M. Hershey Phillips Veon (ii) 21 through 23 students. Colafella Horsey Pickett Vitali (iii) 24 through 26 students. Cornell Hutchinson P~PPY Walko Corrigan Jadlowiec Pistella Wansacz (iv) 27 through 29 students. Costa James Preston Washington (v) 30 or more students. COY Josephs Raymond Waters Cruz Kaiser Readshaw Williams. C. Keller Reinard ~illiams;J. On the question, Dailey Kenney Rieger Wilt Will the House agree to the amendment? Dalev Kirkland Roberts Wogan ~all Krebs Robinson ~ojnaroski DeLuca LaGrotta Roebuck Wright The SPEAKER pro tempore. On the amendment, the Chair Dennody Laughlin Rooney Yewcic recognizes the gentleman, Mr. George. Will the gentleman DeWeese Lederer Rubley Youngblood suspend, please. DiGirolamo Lescovitz Ruffing Yudichak Diven Levdansky Sainato 2% Members, please take your seats. Conferences in the aisles, Donatucci Lucyk Samuelson please break up. Eachus Mackereth Santoni Ryan, The gentleman, Mr. George. Evans, D. Maher Sather Speaker LEGISLATIVE JOURNAL-HOUSE

for a longer period of time do quite well on some of those test scores. Baker, J. Egolf Lynch Schuler Thank you, Mr. Speaker. Bastian Gabig Maitland Steil Benninghoff Habay McGill Stem The SPEAKER pro tempore. The Chair thanks the gentleman. Birmelin Hess Metcalfe Stevenson, R. On the amendment, the Chair recognizes the gentleman from Clymer Lawless Miller, R. Stevenson, T. Westmoreland County, Mr. Stairs. Coleman Leh Rohrer Watson Mr. STAIRS. Thank you, Mr. Speaker. Creighton Lewis Ross Representative Sturla offered this amendment, and he has several more amendments that he is going to offer in a few moments. NOT VOTING-O When we debated this legislation in the committee, there were a couple of things that came out very clear and very pointed in the committee meeting, and one was that we did not want to impose any unfunded mandates on our school districts. Resulting from that Belardi McIlhinney Taylor, E. Z. Zirnmerman discussion, we had to alter the bill somewhat, because there were some reporting mechanisms and ideas and things that were being reported that are not being done now. So not to put any burdens or The majority having voted in the affmative, the question was any extra moneys on our school districts, we were very vocal, the determined in the affirmative and the amendment was agreed to. members of the committee were very vocal and outspoken on that issue, and the profiles that are presently being reported through On the question, regulation have not been added, and Representative Sturla would Will the House agree to the bill on third consideration as certainly add some additional reporting mechanisms. amended? I am certainly not opposing the information being accumulated. I think he has some merit in what he is proposing. But we had a Mr. STURLA offered the following amendment No. A2344: very strong feeling that we should not impose additional costs, additional paperwork, additional work upon our school districts Amend Sec. 5, page 20, lines 26 through 28, by striking out all of that would place a burden on them, whether it be small or large. said lines and inserting And the idea I want to impress upon this body, the unhnded (4 1 ) (i) Pennsylvania system of school assessment or mandates, and that is why we opposed the additional reporting the local assessment system aligned with academic items at that time, and I would ask the members today of body standards, data disaggregated at the school level. to oppose any additional costs or reporting to our school districts. (ii) The number of students whose parents requested excusal from the test. And I might add that the Pennsylvania School Boards (iii) The number of special education students who Association concurs with us. They do not want to see any took the test. additional reporting brought about, and they like the bill as is (iv) Data comparing the results of fifth grade because it does require bgsthat are already being done and they students enrolled in the school since the first grade with do not want any additional information to be added. Thank you, other students taking the test at the elementary school. Mr. Speaker. (v) Data comparing the results of eighth grade The SPEAKER pro tempore. The Chair thanks the gentleman. students enrolled in the school since the sixth grade with On the amendment, the Chair recognizes the gentleman from other students taking the test at the middle school. Jefferson County, Mr. Smith. .(vi) Data comparing the results of eleventh grade students enrolled in the school since the ninth grade with Mr. S. SMITH. Thank you, Mr. Speaker. other students taking the test at the high school. I simply would like to ask the members to support the previous speaker. Thank you, Mr. Speaker. On the question, The SPEAKER pro tempore. The Chair thanks the gentleman. Will the House agree to the amendment? On the amendment, the Chair recognizes the lady, Ms. Steelman. The SPEAKER pro tempore. On the amendment, the Chair Ms. STEELMAN. Thank you, Mr. Speaker. recognizes the gentleman, Mr. Sturla. In the debate in the Education Committee to which a previous Mr. STURLA. Thank you, Mr. Speaker. speaker referred, I was one of the most vocal on the issue of not Mr. Speaker, this would simply add that the data that is imposing more unfunded mandates on our school districts. collected be done in such a way that we can determine the test However, I also know that to report statistical data that is scores of students that have been at the school for a period of time inherently inaccurate does not do our school districts any favor nor versus those that are new to the school, and one of the situations does it do the people of the Commonwealth any favor, and a that we see, particularly in urban schools where there are high number of comparisons of data of students who have moved numbers of students moving in and out of the school district, that repeatedly within a school district or across school districts with school district gets labeled in some cases as being distressed as a students who have had continuous attendance in one school result of students that have moved to that school district wihthe district, those studies have regularly demonstrated that there are last 6 months, and those test scores get included with all the other significant differences between mobile students and students students' test scores, and the school is labeled as not being able to in place. Therefore, I believe that the amendment that perform, even though those students that have been at that school Representative Sturla is proposing will. although it will cause more 1280 LEGISLATIVE JOURNAG--HOUSE JUNE 11 r work for the school districts, permit them to provide a more Mr. STURLA. Mr. Speaker, I will withdraw these amendments '* accurate representation of what their students are actually doing at this point in time. Thank you. and what that school district is doing for its students. The SPEAKER pro ternpore. Excuse me. Mr. Sturla, would that I therefore ask members to support the amendment. be this amendment as well as your other amendments? They are The SPEAKER pro tempore. The Chair thanks the lady. withdrawn. The Chair thanks the gentleman. The Chair recognizes the gentleman, Mr. Sturla, for the second time on the amendment. On the question recurring, Mr. STURLA. Thank you, Mr. Speaker. Will the House agree to the bill on third consideration as Mr. Speaker, the schools are already required to report the amended? number of mobile students or students that are moved through their schools. This is simply linking up their test scores with that The SPEAKER pro tempore. Will the lady from Montgomery mobility. County, Ms. Bard, please come to the desk. As was pointed out, and I will cite anecdotal evidence, I have Does the gentleman, Mr. Curry, have an amendment which he a school in my district which is a distressed school district wishes to offer by suspending the rules? The gentleman indicates which has a distressed school in that school district, and of the that he does not. 87 fifth graders that took the test, on average they were in the bottom quartile of statewide averages. But when the principal took On the question recurring, the scores of the 12 out of those 87 students that had been in that Will the House agree to the bill on third consideration as school since first grade, they were in the upper half of statewide amended? averages, or better than average for the State. Now, this is a school Bill as amended was agreed to. that parents, which this report card is supposed to serve, looking at that report card would say, goodness, if I put my child there in The SPEAKER pro tempore. This bill has been considered on first through fifth grades, they are going to end up in the bottom three different days and agreed to and is now on final passage. quartile; they cannot learn. Quite the contrary; they are better off The question is, shall the bill pass finally? there than they are in half the other schools in the State of Agreeable to the provisions of the Constitution, the yeas and Pennsylvania. nays will now be taken. So all it is is trying to get accurate information for parents as opposed to simply information. The following roll call was recorded: The SPEAKER pro tempore. The Chair thanks the gentleman.

PARLIAMENTARY INQUIRY Adolph Evans, J. Maitland Saylor I Allen Fairchild Maior Schroder The SPEAKER pro tempore. The question recurs, will the Argall Feese ~hderino Schuler Armstrong Fichter Mann Scrimenti House agree to the amendment? Those in favor of the amendment Baker, J. Fleagle Markosek Semmel will vote "aye"; those opposed- Baker, M. Flick Marsico Shaner Mr. S. SMITH. Mr. Speaker? Bard Forcier Mayemik Smith, B. Barley Frankel McCall Smith, S. H. The SPEAKER pro tempore. The Chair is in error. Barrar Freeman McGeehan Solobay The Chair recognizes the gentleman, Mr. Smith, for the second Bastian Gabig McGill Staback time on the amendment. Bebko-Jones Gannon Mcllhattan Stairs Belfanti . Geist McNaughton Steelman Mr. S. SMITH. Mr. Speaker, a parliamentary inquiry. Benninghoff George Melio Steil The SPEAKER pro tempore. The gentleman will state his Binnelin Godshall Metcalfe Stem inquiry. Bishop Gordner Michlovic Stetler 1 Blaum Gmcela Micozzie Stevenson, R. Mr. S. SMITH. Has there been a fiscal note prepared for this Boyes Gmitza Miller, R. Stevenson, T. amendment? 1 Browne Habay Miller, S. Strittmatter The SPEAKER pro tempore. The Chair is not aware of a Bunt Haluska Mundy Sturla Butkovitz Hanna Myers Surra fiscal note being prepared. Buxton Harhai Nailor Tangretti Mr. S. SMITH. That is the information I have also, Caltagirone Harhart Nickol Taylor, J. Mr. Speaker, that a fiscal note was not requested, and therefore, Cappelli Harper O'Brien Thomas Casorio Hasay Oliver Tigue I would ask the Chair to rule this amendment out of order because Cawley Hennessey Pallone Travaglio no fiscal note was prepared. Civera Herman Perzel Trello The SPEAKER pro tempore. Will the gentleman, Mr. Sturla, Clark Hershey Petrarca Trich Clymer Hess Petrone Tulli please come to the desk. Cohen, L. I. Horsey Phillips Vance Cohen, M. Hutchinson Pickett Veon Colafella Jadlowiec P~PPY Vitali (Conference held at Speaker's podium.) Coleman James Pistella Walko Cornell Josephs Preston Wansacz AMENDMENT WITHDRAWN Conigan Kaiser Raymond Washington Costa Keller Readshaw Waters COY Kenney Reinard Watson The SPEAKER pro tempore. The Chair recognizes the Cre~ghton Kirkland Rieger Williams, C. gentleman, Mr. Sturla. Cnu: Krebs Roberts Williams, J. Dailey LaGm Robinson Wilt 200 1 LEGISLATIVE JOURNALHOUSE 1281

2 Daley Laughlin Roebuck Wogan Baker, M. Fleagle Markosek Shaner Dally Lawless Rohrer Wojnaroski Bard Flick Marsico Smith, B. DeLuca Leh Rooney Wright Barley Forcier Mayemik Smith, S. H. Dermody Lescovitz Ross Yewcic Barrar Frankel McCall Solobay DeWeese Levdansky Ruhley Youngblood Bastian Freeman McGeehan Staback DiGirolamo Lewis Ruffing Yudichak Bebko-Jones Gabig McGill Stairs Diven Lucyk Sainato zug Belfanti Gannon Mcllhattan Steelman Donatucci Lynch Samuelson Benninghoff Geist McNaughton Steil Eachus Mackereth Santoni Ryan, Birmelin George Melio Stem Egolf Maher Sather Speaker Bishop Godshall Metcalfe Stetler Evans, D. Blaum Gordner Michlovic Stevenson, R. Boyes Grucela Micozzie Stevenson, T. Browne Gruitza Miller, R. Strittmatter NAY S--1 Bunt Habay Miller, S. Sturla Butkovitz Haluska Mundy Surra cuny Buxton Hanna Myers Tangretti Caltagirone Harhai Nailor Taylor, J. NOT VOTING-1 Cappelli Harhart Nickol Thomas Casorio Harper O'Brien Tigue Cawley Hasay Oliver Travaglio Lederer Civera Hennessey Pallone Trello Clark Herman Perzel Trich Clymer Hershey Petrarca Tulli Cohen, L. I. Hess Petrone Vance Cohen, M. Horsey Phillips Veon Belardi McIIhinney Taylor, E. Z. Zimmerman Colafella Hutchinson Pickett Vitali Coleman Jadlowiec pimy Walko Comell James Pistella Wansacz Corrigan Josephs Preston Washington The majority required by the Constitution having voted in the Costa Kaiser Raymond Waters affirmative, the question was determined in the affirmative and the COY, Keller Readshaw Watson bill passed finally. Cre~ghton Kenney Reinard Williams, C. Ordered, That the clerk present the same to the Senate for Cruz Kirkland Rieger Williams, J. cuny Krebs Roberts Wilt concurrence. Dailey LaGrotta Robinson Wogan Daley Laughlin Roebuck Wojnaroski Dally Lawless Rohrer Wright SUPPLEMENTAL CALENDAR A DeLuca Lederer Rooney Yewcic Dermody Leh Ross Youngblood De Weese Lescovitz Rubley Yudichak BILL ON CONCURRENCE . DiGirolamo Levdansk y Ruffing 2% IN SENATE AMENDMENTS Diven Lewis Sainato Donatucci Lucyk Samuelson Eachus Lynch Santoni Ryan, The House proceeded to consideration of concurrence in Egolf Mackereth Sather Speaker Senate amendments to HB 153, PN 2088, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for unlawful activities relating to vehicle equipment, for vehicle inspection by police or Commonwealth NOT VOTING4 personnel and for promulgation of rules and regulations by department; and establishing the Motor Carrier Safety Advisory Committee.

On the question, Belardi Mcllhinney Taylor, E. Z. Zimmerman Will the House concur in Senate amendments?

The SPEAKER pro tempore. It is moved by the gentleman, The majority required by the Constitution having voted in the Mr. Marsico, that the House concur in the amendments inserted by affirmative, the question was determined in the affitive and the the Senate. amendments were concurred in. Ordered, That the clerk inform the Senate accordingly. On the question recurring, Will the House concur in Senate amendments? ENVIRONMENTAL RESOURCES AND ENERGY The SPEAKER pro tempore. Agreeable to the provisions of the COMMITTEE MEETING Constitution, the yeas and nays will now be taken. The SPEAKER pro tempore. The Chair recognizes the The following roll call was recorded: gentleman from Chester County, Mr. Hershey, for purposes of a committee meeting announcement. Mr. HERSHEY. Thank you, Mr. Speaker. Our committee has agreed to finish up the Environmental Adolph Evans, D. Maher Saylor Allen Evans, J. Maitland Schroder meeting that we had this morning at 11 o'clock in hearing room 2 Argall Fairchild Major Schuler in the North Office Building. We have about eight more Armstrong Feese Manderino Scrimenti Baker, J. Fichter Mann Semmel LEGISLATIVE JOURNAL--HOUSE JUNE 11 amendments to decide, and then we will be finished. It will take REMARKS SUBMITTED FOR THE RECORD 'I about a half hour, and I would like all members to come. Thank you very much. Mr. VEON submitted the following remarks for the The SPEAKER pro tempore. The Chair thanks the gentleman. Legislative Journal:

Every once in a while, along comes an individual whose LIQUOR CONTROL COMMITTEE MEETING accomplishments and hard work are so extraordinary that they cannot be overlooked. F. Wallace Gordon, a good friend and true community leader, The SPEAKER pro tempore. The Chair recognizes the is one of those people. gentleman from Bucks County, Mr. Reinard, for purposes of a Publisher of the Beaver County Times since February 6, 1984, committee announcement. Wally Gordon has coordinated nearly every facet of the newspaper's Mr. REINARD. Thank you, Mr. Speaker. operations - news, advertising, circulation, new media, production, Mr. Speaker, I would just like to announce the House accounting, and other administrative activities. His innovations over Liquor Control Committee will be having a meeting tomorrow at 17 years of service literally rebuilt the Beaver County Times, and his 9 o'clock. It is in 40 East Wing. contributions will surely continue to play a role in the newspaper's The SPEAKER pro tempore. The Chair thanks the gentleman. success. There is little doubt that with his retirement, the newspaper loses a fine journalist and businessman who helped to reshape the way Beaver County BILLS REPORTED FROM COMMITTEE, looks at itself. Likewise, there is little doubt that all of us will miss an CONSIDERED FIRST TIME, AND extraordinary private spokesman and one of our most energetic community leaders. RECOMMITTED TO COMMITTEE ON RULES I began my legislative career in 1984, the same year Wally Gordon took over as publisher. We shared the same commitment to make life HB 997, PN 1137 By Rep. GEIST better in Beaver County, and over the years we worked closely on a number of projects to improve the region. It is impossible not to befriend An Act amending Title 75 (Vehicles) of the Pennsylvania Wally Gordon, and it is hard not to admire his devotion to his calling. Consolidated Statutes, requiring compliance with Federal selective service requirements as part of application for learners' permits or Rarely have 1 met an individual who took on so many tasks and performed drivers' licenses. them so well. His record of community service is astonishing: He was president of the Beaver County Chamber of Commerce, president of the United Way TRANSPORTATION. of Beaver County, and president of the Beaver Rotary Club. He also served as a charter member of the Board of Trustees of the Beaver Area HB 1465, PN 1769 By Rep. GEIST ' School District Educational Foundation and held official advisory positions at Penn State Beaver and Geneva College for a number of years, An Act designating a bridge on State Route 33 over the Lehigh River as well as several positions on steering committees for the Salvation Amy in Northampton County as the Gene Hartzell Memorial Bridge. and the Beaver County YMCA. His professional success is just as noteworthy: He has been an TRANSPORTATION. editor and director for newspapers throughout the State, winning the 1988 G. Richard Dew Award for Journalistic Achievement, and an analyst for a national circulation company for consumer magazines. He and BILL REPORTED FROM COMMITTEE, his newspapers won a number of State and national awards. The CONSIDERED FIRST TIME, AND TABLED Beaver county Times alone claimed six Keystone Sweepstakes Awards under his watch. SB 810, PN 1030 By Rep. GEIST Wally Gordon's 17-year tenure as publisher is the longest of any Times publisher since Stanley W. Calkins, the founding publisher An Act amending Title 74 (Transportation) of the Pennsylvania himself. Consolidated Statutes, further defining "local transportation Today, the Beaver County Times is the only daily and Sunday organization." newspaper published in Beaver County, boasting a daily readership estimated at 150,000 people - among the largest of six newspapers owned TRANSPORTATION. by Calkins Newspapers - and logging more than 1 million users each month on the newspaper's Website. EDUCATION COMMITTEE MEETING 1 But his success can be gauged by more than just the ongoing success I of the Beaver County Times. His influence can be felt throughout the 1 county, and his impact is visible each time we look around and take pride The SPEAKER pro tempore. The Chair recognizes the in where we live. gentleman from Westmoreland County, Mr. Stairs, for purposes of I offer my sincerest gratitude and congratulations to F. Wallace a committee announcement. Gordon for a lifetime of hard work and his feats in Beaver County. Not Mr. STAIRS. Thank you, Mr. Speaker. in the least, I appreciate the friendship I gained and wish the greatest An announcement for the Education Committee members. success to a man who surely has planned even more endeavors to occupy Last week we were talking about the science standards and we did his time in the future. noi get finished with our discussion, and as soon as we adjourn, we will reconvene our meeting at the Ryan Office Building in The SPEAKER pro tempore. For the information of the room 205. So Education members, we will be back in a meeting on members, there will be no further votes. the science standards. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman. 200 1 LEGISLATIVE JOURNAG--HOUSE 1283 BILLS AND RESOLUTIONS PASSED OVER I The SPEAKER pro tempore. Without objection, all remaining bills and resolutions on today's calendar will be passed over. The Chair hears no objection. ADJOURNMENT I The SPEAKER pro tempore. The Chair recognizes the gentleman from Mercer County, Mr. Stevenson. Mr. R. STEVENSON. Mr. Speaker, I move that this House do now adjourn until Tuesday, June 12,2001, at 11 a.m., e.d.t., unless sooner recalled by the Speaker.

On the question, Will the House agree to the motion? Motion was agreed to, and at 457 p.m., e.d.t., the House adjourned.