COMMONWEALTH OF PENNSYLVANIA

WEDNESDAY, APRIL 17, 1985

SESSION OF 1985 169TH OF THE GENERAL ASSEMBLY No. 24

HOUSE OF REPRESENTATIVES The following roll call was recorded: The House convened at 10:30 a.m., e.s.t. PRESENT-200

Acorta Diet, Le?cuvilz Riegcr THE SPEAKER (K. LEROY IRVIS) Afflerbach Distlcr Letlerman Robbins IN THE CHAIR Angstadt Dambrowski 1.cvdansky Rudy Areall Donatucci L.evin Ryan PRAYER Arty Ihrr Linton ~ibak Balds in Duify Liveopood Saloarn REV. DR. DAVID R. HOOVER, chaplain of the House Barber Durham Lloyd Saurman Barley €tans Lucyk Schert~ of Representatives, from McConnellsburg, Pennsylvania, Haltisto eargo McCall Schuler offered the following prayer: Helardi Fattah McClatchy Summel Helfanti Fee hIcHalc Serafini Merciful Lord, make us bold to run the way of Thy com- Hirrnelin Fischer McV~rry Seventy mandments and help us to stand still before Thy presence, Black Flick hlackoivski Showers Blaum Foster, Jr., A. Maiale Sirianni that, leading lives of quiet confidence, we may bear witness to Book rox Manderino Srnilh, R. Thy grace and carry Thy power into the world. Let Thy light Borrner rrecrnan klanmiller Srnilh, I.. E. shine through us and our lives that men may see good works Bowley Frrind Markosek Snyder, D. W. Rowrcr Fryer Mayernik Snyder, C. M. in us and all we do and give glory to the Father in heaven. So Boyes Gallagher Merry Staback direct our lives that in the end none may accuse us to whom Hrandt Callrn htichlovic Stairs we have failed to show mercy and love, and may we be Braujai Gamble htico~rie Steighncr Bunt Gannon Miller Stevens received into the eternal habitations, through the only true Uurd Ceist Mochlmann Slewart God, forever and ever. Amen. Bumr Gcorge Morris Stuban Bush Cladeck Mourry Sweet Caltagirone Godshall Mrkonic Swirl PLEDGE OF ALLEGIANCE Cappabianca Greenwood Murphy Taylor, E. Z. Carison <;runno. . Nahill Taylor.. . F. E. (The Pledge of Allegiance was enunciated by members.) Carn Hagany NOye Taylor, I. J. Cawley Haluika O'Rricn Telek Cessar Harper O'Donnell Tigue JOURNALS APPROVED Chadwick Haiay Olarr Trello Cirnini Hayes Oliver Truman The SPEAKER. The Chair is advised that the Journals for Civera Herman Perrel Van Harne Clark blershey Petiarca VCO~ Wednesday, February 27; Monday, March 18; and Wednes- Ciyrner Hunaman Pctione Vroon day, March 20, 1985, are now in print, and if the Chair hears Cohen Hcnlet~ Phillios Wacnbach no objection, and the Chair hears no objection thereto, the Colafella Hutchinson Piccola Wasi Cole llkin Pievlky Weston Journals will be printed as submitted. Jackson Pistella Wiggins Jarolin Pilts Wilson Johnson Poll Wogan JOURNAL APPROVAL POSTPONED Josepi,s Pratt Worniak cay Kaiunic Pressman" Wright, D. R. The SPEAKER. However, the Journal for Tuesday, April I)cI"c~ Kennedy Prer~on Wright. I. L. 16, 1985, not yet being in print, without objection, the 1)eVerter Kenney Pun1 Wright. R. C. approval of that Journal will be postponed until the Journal is IIeWeese Kosinski Raymond Yandriseviti Daley Kukouich Reber in print, and the Chair hears no objection thereto. Da\iei Langlry Reinard Irkis, Dawida Ladlinger Richardson Speaker Ileal MASTER ROLL CALL RECORDED Laughlin ADDITIONS-0 The SPEAKER. The Chair is about to take the master roll NOT VOTING-0 call for the day. Members will proceed to vote. 548 LEGISLATIVE JOURNAL-HOUSE APRIL 17,

Boyei Fryer Mayeinik Snyder, G. M. Brandr Gallagher Merry Staback Dininni Gruitza Biaujos Gallen Michlovic Stairs LEAVES ADDED-3 Bunt Gamble Micozzie Steighner Burd Gannon Miller Stcvens McVerry Vroan R. C. Wright Burns Grist Moehlmann St~wait Bush George Morris Stuban LEAVES OF ABSENCE GRANTED Caltagironr Gladeck Mmrery Sweet Cappabianca God5hall Mikonic Swift The SPEAKER. The Chair now turns to leaves of absence. Carlsan Greenwood Murphy Taylor, E. Z. Carn Gruppo Nahill Taylor, E. E. The Chair recognizes the gentleman from Philadelphia, Mr. Cawley Hagarty Noye Taylor, J. J. Pievsky, who indicated there are no requests. Cessar Haluika O'Hrien Telek The Chair recognizes the minority whip. Mr. Hayes, any Chadwick Harper O'Donnell Tiguc Cimini Hasay Olasr Trello leaves of absence? Civeia Hayes OLivcr Truman Mr. HAYES. Yes, Mr. Speaker. 1 request a leave for the Clark Herman Perrel Van Hornc gentleman from Delaware, Mr. WRIGHT, for the day, and Clyrncr Hershey Petrnrca Veon Cohen Honaman Petronc Wambach thegentleman from Chester, Mr. VROON, for theday. Colafclla Howlet1 Phillips Wass The SPEAKER. The Chair hears no objection thereto, and Colc Hutchinsan Piccola Wcston Cordirco ItLin Picvsky Wiggins the leaves are therefore granted. Cornell Jackson Pistella Wilson Mr. HAYES. And also, Mr. Speaker, the gentleman from Cosleu Jaroiin Pills Wogan Allegheny, Mr. McVERRY, for the day. Coweli Johnson Pot1 Worniak The SPEAKER. The gentleman, Mr. McVerry, will be Coy Jasephs Prart Wright, D. K. Dcluca Kaiunic Prcssmann Wright, J. L. added to the leaves of absence, and his name will be stricken DeVertcr Kcnnedy Preston Yandrisevits from the master roll. DeWeese Kenney Punt The Chair thanks the gentleman. Dalry Koiinski Raymond Inis. Daviei Kukovich Kcber Speaker Dawida Langtry Reinard CALENDAR NAYS-0 BILLS ON THIRD CONSIDERATION NOT VOTING-0

The House proceeded to third consideration of HB 563, PN EXCUSED-5 641, entitled: Dininni McVcrry Vroan Wright, R. C. Gruitza An Act amending the act of May 21, 1943 (P. L. 571, No. 254). known as "The Fourth to Eighth Clars County Assessment The majority required by the Constitution having voted in Law," exempting all property owned by nonprofit fire compa- the affirmative, the question was determined in the affirma- nies, ambulance companies and rescue squads. tive. On the question, Ordered, That the clerk present the same to the Senate for Will the House agree to the bill on third consideration? concurrence. Bill was agreed to. * * *

The SPEAKER. This bill has been considered on three dif- The House proceeded to third consideration of HB 441, PN ferent days and agreed to and is now on final passage. 495, entitled: The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas An Act amending theact of May 22, 1933 (P. L. 853, No. 155), known as "The General County .Assessment Law," further pro- and nays will now be taken. viding for the exemption from taxation of fire and rescue station YEAS-197 property. Acosta Deal Lashinger Kichardson On the question, Aftlerbach Dierz 1-aughlin Kieger Will the House agree to the bill on third consideration? Angitadt Distler Lescoviti Robbins Bill was agreed to. Argall Dombrawski Letlerman Rudy Arty Donatucci 1.cvdansky Kyan The SPEAKER. This bill has been considered on three dif- Baldwin Dorr Levin Kybak ferent days and agreed to and is now on final passage. Barber Dully Linton Saloom Barley Durham Livengood Saurman The question is, shall the bill pass finally? Battbto Evans Lloyd Scheetz Agreeable to the provisions of the Constitution, the yeas Belardi Fargo Lucyk Schuler and nays will now be taken. Belfanti Fattah McCall Semlliel Birmclin Fee McClatchy Serafini YEAS-197 Black Fischcr McHale Seventy Blaum Flick Mackowbki Showers Acosla Deal Larhinger Richardson Book Foster, Jr., A. Maiale Sirianni Afflerhach II~cIL Laughiin Rieger Bartner For Mandcrino Smith, B. Angstadt Diitler Lessovitz Rabbins Bowley Freeman llanmillcr Smith, L. E. Argall Dombrowiki Lettrrman Kud) Bowser mind Markoxk Snyder, D. W. Arty Donatucci Levdaniky Ryan

550 LEGISLATIVE JOURNAL-HOUSE APRIL 17, RESOLUTIONS I * * * Mr. BURD called up HR 43, PN 713, entitled: ( Mr. CLYMER called up HR 45, PN 715, entitled: Designating October 14, William Penn's birthday, as "Penn- Urging the Postmaster General of the United States to issue a sylvania State Flag Day." commemorative stamp honoring the Commonwealth of Pennsyl- I vania as one of the 13 orieinal- states to ratifv the Constitution of On the question, I the United States. Will the House adopt the resolution? On the question, The following roll call was recorded: Will the House adopt the resolution? YEAS-197 The following roll call was recorded:

Acosta Deal Lashinger Richardson Afflerbach Dietr Laughlin Rieger Angstadt Distler Lescavitz Robbins Acasta Diete Laughlin Richardson Argall Dombrowski Letterman Rudy Afflerbach Distler Lescovitr Rieger Arty Donatucci Levdanky Ryan Angstadt Dombrowrki Letterman Robbins Baldwin Darr Levin Rybak Argall Donatucci Levdansky Rudy Barber Duffy Linton Saloom Baldwin Dorr Levin Ryan Barley Durham Livengoad Saurman Barber Duffy Linton Rybak Battisto Evans Lloyd Scheetz Barley Durham Livengoad Saloom Belardi Fargo Lucyk Schuler Battiito Evans Lloyd Saurman Belfanti Fattah McCall Semmel Belardi Fargo Lucyk Scheetz Birmelin Fee McClatchy Serafini Beifanti Fattah McCall Schuler Black Fischer McHale Seventy Birmelin Fcc .McClatchy Semmel Blaum Flick Mackowski Showers Black Fischer McHale Serafini Book Foster, Jr., A. Maiale Sirianni Blaum Flick Mackawski Seventy Bortner Fox Manderino Smith, B. Rook Foster, Jr., A. Maiale Showers Bowley Freeman Manmiller Smith, L. E. Bortner Fox Manderino Sirianni Bowser Freind Markasek Snyder. D. W. Bowiey Freeman Manmiller Smith, B. Boyes Fryer Mayernik Snyder, G. M. Bowser Freind Markasek Smith, L. E. Brandt Gallagher Merry Staback Boyes Fryer Maycrnik Snyder, D. W. Braujas Gallen Michlavic Stairs Brandt Gailagher Merry Snyder, G. M.

Bunt Gamble Micozzie Steighner Gallen Michlovic~ ~~ Staback Burd Cannon Miller Stevens Gamble Micozzie Stairs Burn, Geist Moehlmann Stewart Geist Miller Steighner Bush George Morris Stuban Burns George Mochlmann Stevens Caltagirone Gladeck Mowery Sweet Bush Gladeck Morris Stewart Cappabianca Godshall Mrkonic Swift Caltagiiane Godshall Mouery Stuban Carlson Greenwood Murphy Taylor. E. 7.. Cappabianca Greenwood Mrkanic Sweet Carn Gruppa Nahill Taylor, F. E. Carlson Gruppo Murphy Swift Cawley Hagarty Noye Taylor, J. J. Carn Hagarty Nahill Taylor, E. Z. Cessar Haluska O'Brien Telek Cawley Haluska Noye Taylor, F. E. Chadwick Harper O'Danncll Tigue Ceiiar Harper O'Brien Taylor, J. J. Cimini Hasay Olasz Trello Chadwick Hasay O'Donnell Telek Civera Hayes Oliver Truman Cimini Hayes Olasr Tigue Clark Herman Percel Van Horne Civera Herman Oliver Trella Clymer Hershey Petrarca Veon Clark Hershey Perrel Truman Cahen Honaman Petrone Wambach Clymer Honaman Petrarca Van Horne Colafella Howlett Phillips Wass Cahen Howlett Petrone Veon Cole Hutchinson Piccola Weston Colafella Hutchinson Phillips Wambach Cardisco ltkin Pievsky Wiggins Cole ltkin Piccola Warr Cornell Jackson Pist ella Wilson Cordisco Jackson Picvsky Weston Coslett Jarolin Pittr Wogan Carnell Jarolin Pistella Wiggins Cowell Johnson Pott Worniak Coslett Johnson Pitls Wilson COY Josephs Prart Wright, D. R. Cowell Josephs Pot1 Wagan Deluca Kasunic Pressmann Wright, J. 1. COY Kasunic Pratt Wozniak DeVerter Kennedy Preston Yandriievits Deluca Kennedy Pressmann Wright, D. R. DeWeese Kenney Punt DeVerter Kenney Preston Wright, J. I.. Daley Kosinski Raymond DeWeese Kosinrki Punt Yandrisevits Davies Kukovich Reber Daley Kukobich Raymond Dawida Langtry Reinard Daviei Langtry Reber Irvis, Dawida Lashinger Reinard Speaker NAYS-0 Deal NOT VOTING-0 I NOT VOTING-2 Dininni McVerry Viaon Wright, R. C Cannon Gruirra EXCUSED-5 The question was determined in the affirmative, and the Dininni McVerry Vroan Wright, R. C. resolution was adopted. Cruitza 1985 LEGISLATIVE JOURNAL-HOUSE 551

The question was determined in the affirmative, and the The question was determined in the affirmative, and the resolution was adopted. resolution was adopted. * * * *** Mr. BARBER called up HR 59, PN 925, entitled: Mrs. RUDY called up HR 61, PN 927, entitled: Relating to the observance of "National Nursing Home Week" Memorializing the Congress of the United States to maintain in Pennsylvania. funding for Federal meat inspection. On the question, On the question, Will the House adopt the resolution? Will the House adopt the resolution? The following roll call was recorded: The following roll call was recorded: YEAS-194 YEAS-195

Acasta Dawida I.anhinger Reinard Acosta Dcal Langtry Reinard Afflerbach Deal Laughlin Richardson Afflerbach Difrr Lashinger Richardson Angsladt Dierz Lescoritr Robbins Angstadt Disrler Laughlin Rieger Argall Distl~i Letterman Rudy Argall Dombrowski I.escorilr Robbins Arty Dombrowski Le\,dansky Ryan Arty Donatucci 1.etterman Rudy Baldwin Dorr Levin Rybak Baldwin Dorr Levdaniky Ryan Barber Duffy Linton Saloom Barber Duffy Levin Rybak Barley Durham Likengood Saurman Barlr) I)urham Linton Saloam Ballisto Fargo 1.ioyd Scheerl Bartisfo Evans Likengoad Saurman Belardi Fatlah I.UCY~ Schuler Belardi Fargo Lloyd Scheetz Belfanti Fee McCall Semmel Bclfanti Fauah Lucyk Schuler Birmelin Fischer hlcClatchy Serafini Birmclin Fee McCall Semmrl Black Flick McHalc Sebenry Black Fischri hlcClatchy Serafini Blaum Foster, Jr., A. Mackouski Showerr Blaum rlick McHale Seventy Book Fox Maiale Sirianni Hook Fosrcr, Ji.. A. hlackowrki Shaucrs Bortner Freeman Manderino Smith, B. Borrner Fox Maiale Sirianni Bowley Freind Manmiller Smith. I.. E. Bowley Freeman Manderina Smilh, B. Bowser Pryer Markorek Snyder. D. W. Bourer Freind Manmillcr Smith. L. E. Boyes Gallagher Mayeroik Snydcr, G. M. Bayei Fryer Maikasek Snyder, I). W. Brand1 Gallen Merry Staback Brand1 Gallagher Mayemil, Snyder, G. M. Broujos Gamble Michlovic Stairs Broujo, Gailen hlerr) Staback Bunt Gannon Micorrie Sleighner Bunt Gamblc Michlouic Stairs Burd Geiit Miller Stevens Hurd Gannon Micoz~ic Strighncr Burns George Moehlmann Stexail Bums Gsist Miller Strveni Bush Gladeck Morris Sluban Burh George Moehlmann Slruart Caltagirone (iodshail Mower) Sucet Calraeirone Giadcck Morris Swcel Cappabianca Greenwood Mrkonic Swift Cappabianca Godshall Mower) Swift Carlson Gruppo Murphy Taylor, E. 2. Car lion Grccnuood hlrkonic Taylor, E. Z. Carn Hagarty Nahili Taylor, F. E. Car0 Gruppo Murphy Taylor, F. E. Cawley Haluska Noye Taylor. J. J. Caulcy Hagarty Nahill Taylor, J. J. Ceiiar Harper O'Brien Telek Ceiiai lialuska O'Brien Telek Chadwick Hardy O'Donnrll Tigue Chadaick Harper O'Donnell Tieuc Cimini I

EXCUSED-5 NAYS-0 Dininni McVerry Vroon Wright, R. C. NOT VOTING-0 Gruitza EXCUSED-5 The question was determined in the affirmative, and the resolution was adopted. Dininni McVerry Vroun Wright. R. C. Gruitra * * * The question was determined in the affirmative, and the Mr. BOWLEY called up HR 68, PN 974, entitled: resolution was adopted. Recognizing the Pennsylvania Recreation and Park Society's t * * 50th Anniversary. Mr. KOSINSKI called up HR 57, PN 923, entitled: On the question, Will the House adopt the resolution? Granting honorary status as citizens of Pennsylvania to William and Hannah Penn. The following roll call was recorded: On the question, YEAS-197 Will the House adopt the resolution? Acosta Deal Lashinger Richardson I The following roll call was recorded: Afflerbach Dietz Laughlin Rieger Anestadt Distler Lescavitr Robbins YEAS-196 ~r&l Dornbrawski Letterman Rudy Arty Donatucci Levdansky Ryan Acosta Deal Laughlin Richardson Baldwin Darr Levin Rybak Afflerbach Dietr Lescovitr Rieger Barber Duffy Linton Salaam Angitadt Diitler Letterman Robbinr Barley Durham Livengoad Saurman Argall Dombrowaki Levdansky Rudy Battisto Evans Lloyd SchectL Arty Donatucci Levin Ryan Belardi Fargo Lucyk Schuler Baldirin Dorr Linton Rybak Belfanti Fattah .McCall Semmel Barber Duffy Livcngood Saloom Birmelin Fee McClatchy Serafini Barley Durham Lloyd Saurman Black Fischer McHale Sevcnty Battist0 Evans Lucyk Scheetz Blaum Flick Mackowski Showers Relardi Fargo h1cCall Schuler Book Foster, Ji., A. Maiale Sirianni Belfanti Fattah McClatchy Scmmel Bortncr Fox Manderino Smith, B. Birmelin Fee McHale Serafini Bowlcy Freeman Manmiller Smith, L. E. Black Fixher Mackowrki Seventy Bawser Freind Markasek Snyder, D. W. Blaum Flick Maiale Showers Boyei Fryer Mayernik Snyder, G. M. Book Foster, Jr., A. Manderino Sirianni Brandt Gallagher Merry Staback Bortner Fox Manmiller Smith, B. Broujos Gallen Michloric Stairs Bowiey Freeman Markosek Smith, L. E. Bunt Gamble Micorrie Sreighner Bowser Freind Mayernik Snyder. D. W. Burd Cannon Miller Ste\,ens Boyei Fryer ,Merry snider, G. M. Burns Geist Moehlmann Stewart Brandt Gallagher Michlovic Staback Bush George Morris Sruban Broujos Gallrn Micozric Stairs Caltagirone Gladeck Moweiy Sweet Bunt Gamble Miller Steighner Cappabianca Godshall Mrkonic Sm,iR Burd Cannon Moehlmann Stevens Cailson Greenwood Murphy Taylor. E. Z. Burns Geist Morris Stswart Carn Gruppo Nahill Taylor, F. E. Bush George Mawery Stuban Cawley Hagarty Naye Taylor, J. J. Caltagirone Gladeck Mrkonic swcct C~SS~T Haluska O'Brien Tclek Cappabianca Godshall Murphy Swift Chadwick Harper O'Donnell Tigue Carlion Greenwood Nahill Taylor, E. Z. Cimini Hasay Olasr Trello Carn Gruppo Noye Taylor, F. E. Civera Hayes Oliver Truman Cabley Hagarty O'Brien Taylor, J. J. Clark Herman Perzel Van Horne Cessar Haluska O'Donncll Telek Clymer Hershcy Petrarca Vcan Chadwick Harper Olasz Tigue Cohcn Honaman Petrone Wambach Cimini Hasay Oliver Trello Colafella Howlett Phillips Wasi Civera Hayes Pcrzel Truman Cole Hutchinson Piccola Weston Clark Herman Petrarca Van Horne Cardisco ltkin Pievsky Wiggins Clymer Hershey Petrone Veon Cornell Jackson Pist clla Wilson Cohen Honaman Phillips Wambach Caslett Jarolin Pilts Wogan Colafella Howlett Piccola Wass Cowell Johnson Pott Worniak Cole ltkin Pieviky Weston Cov Jasephi Pratt Wright, D. R. Cardisco Jackson Pistella Wiggins Deluca Kasunic Pressmann Wright, J. L. Cornell Jarolin Pitts Wilson DeVerter Kennedy Preston Yandrisevit, Coslett lohnson Pott Wagan DeWeese Kenney Punt Coaell Josephs Pratt Worniak Daley Kosinski Raymond COY Kasunic Pressman" Wright. D. R. Davies Kukovich Reber Deluca Kennedy Preston Wright, J. L. Dawida L.angtry Rcinard DeVcrter Kenney Punt Yandriseviti DeWeese Kosinski Raymond Daley Kukovich Reber Irvis, Davies Langlry Reinard Speaker Dawida Lashinger LEGISLATIVE JOURNAL-HOUSE

Daviet Larlgtry Rrinard Speaker NOT VOTING-1 NAYS-I Hutchinson Fryer EXCUSED-5 NOT VOTING-2

Dininn, McVcrry Vroon Wrieht, R. C Cruirra The question was determined in the affirmative, and the I)ininni McVcrry Vmon Wriglil, R. C. resolution was adopted. Gruitra Ordered, That the clerk present the same to the Senate for The question was determined in the affirmative, and the concurrence. resolution was concurred in. *** Ordered, That the clerk inform the Senate accordingly.

Mr. MANDERINO called up SR 18, PN 624, entitled: WELCOMES A Concurrent Resolution memorializing Congress to permit the continuation of Amtrak as a federally subsidized entity. The SPEAKER. The Chair is delighted to welcome to the hall of the House a group of senior citizens of the Common- On the question, wealth of Pennsylvania, part of that group which those of us Will the House concur in the resolution of the Senate? in this House owe our Commonwealth to for the work that The following roll call was recorded: they have done during their lifetimes. They are the guests of YEAS-194 Representative Hershey. They are the friends of all of us. Welcome to the hall of the House. Acostd Dawida 1.aihinger Richardson Afflerbach Deal Laughlirt Kicger The Chair welcome7 to the hall of the House the candidate Angitadt Dietr Leicovilr Robbins from the 188th 1.egislative District. That is the district which Argall Disllcr L.ctterman Rudy was represented by the late James Williams, whom we lost Arty Dombrowski Levdansky Ryan Baldwin llonatucci Levin Rybak tragically only a few weeks ago. This gentleman is named Barber Dorr Linton Saloom James Roebuck. He is here as the guest of the Philadelphia Barley Duffy I.i\,cngood Saurman delegation. Welcome to the hall of the House, Mr. Roebuck. Batrirto Durham Lloyd Scheru Belardi Evans Lucyk Schuler And the Lebanon-Berks delegation has invited-and he has Belfanti Fargo McCali Seinrnel accepted the invitation to be here-Judge Robert Eby, Birmclin Farrah McClstchy Serarini Lebanon County court of common pleas. Welcome to the hall Black Fee hlcHale Seventy Blaum Fiicher Mackowski Showers of the House. Book Flick Maiale Sirianni Bortner Foiler, Jr., A. hlanderino Smith, H. MR. RYAN REQUESTED TO PRESIDE Rawley Fox blanmiller Smith. L. E. Bowrer Freeman Markosck Snider, D. W. Boyes Freind Llayernik Snyder, C. Ll. The SPEAKER. The Chair requests that the distinguished Brandt Gallagher Merry Staback friend of the Chair, the number one Villanovan, at least in the Broujos Callen Michlovic Slairr hall of the House, the gentleman, Mr. Ryan, come to the Bunt Gamble Micozzie Sleighncr Buid Cannon Miller Stcvens podium and preside. Burns Geisl Moehlmann Srcuart Bush George Morris Sruban Caltagirone Cladeck \lowery S*'cct THE SPEAKER PRO TEMPORE Cappabianca Gadshall hlrkonic S~ifr (MATTHEW J. RYAN) IN THE CHAIR Carlson Greenwood Murplly Taylor, E. Z. Carn Cruppo Nahill Taylor, F. F. The SPEAKER pro tempore. Talk about a win. Cawlev Haearrv NDYC Taler, 1. 1. Cessar ~ahka ~'Hrien ~elek Chadwick Harpcr O'l)onneli Tigvc FILMING PERMISSION GRANTED Cimini Hasay Olaz Ticllo Oliver Truman I Civera Hayes The SPEAKER pro tempore. The Chair wishes to advise Clark Hermall Pcrzel \'an Home Clymer Hershey Pctrarca Vron the members that permission has been granted to Mr. Kelly of Cohen Honarnan Petrone \Vambach to take still photographs on the floor for Colaklla klowlett Phillips Maw a period of 10 minutes. Cole ltkin Piccola \Veilon Cordisco Jackson Pievrky Wiggins Cornell Jarolin Piblrlla Wilron VILLANOVA UNIVERSITY Coslert Johnson Pills Wogan Cowell Josephs P~tt Wozniak TEAM PRESENTED COY Kasunic Pratt \Vrlght, U. K, I Deluca Kennedy Prersmann Wright, J. 1~. The SPEAKER pro tempore. The Chair invites to the DeVerler Kenney Preston Yaodrisevits rostrum the three other members of the House who are gradu- DeWeese Kohinski Punt Dales Kukovich Raymond Irvii, LEGISLATIVE JOURNAL-HOUSE APRIL 17, ales of Villanova University's undergraduate school -the gen- I work and effort, talent and perseverance of team tleman, Mr. Gallen; the gentleman, Mr. Flick; and the gentle- members ...head coach ... and assistant coaches ...man- man, Mr. Freind. agers ... head trainer ...assistant trainer ...and chaplain. Now therefore, the House of Representatives of the There are a number of our members who are graduates of Cnmrnonwralth~~ nf.. .Pennwlvanla ~~~~~.,..~~~~~~ exrend?. ~..~~~~ -,~.~qnecial ~~~ con-~-~~ Villanova University School of Law. They were not invited 1 gratulations to the Villanova Wildcats, their coaches because there just was not room on the rostrum. I and staff for their fine season and national champion- I would ask the gentleman, Mr. Flick, to come to the ship; wishes Villanova University and its team contin- ued success; and Surther directs that a copy of this rostrum for the purpose of handing out citations to the citation be presented to Reverend John M. various members. We are going to ask the members of the nri~rnll Pr~cident~.~.... of.~ Villanova ~~ Ilniverqitv.~~~~~ 2. and to team to come to the rostrum for the purpose of receiving cita- 1 IheVillanova Wildcats, their Coaches and Staff. tions. This is going to take a little bit of time, but I do not And this is submitted by myself, the Honorable Matthew think there is anyone in this hall who begrudges that time to Ryan, the Honorable Stephen Freind, and the ~~~~~~bl~ the team that really has made each Pennsylvanian, and really James Gallen, each sports enthusiast throughout the Nation, extremely I would like to call the names of those who have shared in proud of not only their record but also themselves as real this NCAA championship: ~~d p.ceto, director of athlet. . men. It shows once again what hard work can do - a ~cs;Mr. , assistant coach; the Reverend Cinderella team. Bernie Lazor, team chaplain; Mr. Fran Raggarino, assistant Now, those of us from Villanova knew that that 9 1/2-point Victor D,Ascenro, senior manager; Mr. Bob spread was silly. We took all the money we could get, and a Wilson, junior Neil Mc~lleaand M~,~~h~ number of us probably will retire this year because of the Lindblad, freshman managers. Georgetown enthusiasts and their betting practices. For the balance of the presentations, I would like to yield to The Chair, for the purpose of introducing the team, invites the Honorable Stephen Freind, the gentleman, Mr. Flick, to preside temporarily. Mr. FREIND. Thank you. Mr. FLICK. Thank you. Of course, as a legislator and a citizen of Pennsylvania, I It is an honor for me to 'land here before you and am proud of this accomplishment, but darn, as a graduate of Villanova University to the House of Representatives. We are Villanova and who has followed the team for 30 all very proud of them. 1 think we all recognize the talent that years, who still goes to the games, despite his advancing years, they displayed during the tournament on the floor. But more and makes a fool out of himself . screaming, yelling, ques. importantly, I have been impressed, as 1 am Sure many of you tioning the parentage of the referees - to be down and many other people across the country, with the class, the in to it come true is indescribable, ~h~ only character that the team and the staff and the coaches have way to describe it is to steal a line from ,hat marvelous coach exhibited all throughout the tournament. This is a classy of Saint John,s, Louie When they are lowering bunch of guys, and 1 am proud that we are in a position where me in my grave, I will think ahout this, and 1 will smile. so to we can recognize them and show them the respect and the Rollie and his Cats, not only do say congratulations, but honor that they have brought to the Commonwealth of Penn- thank you, sylvania. It is now an honor to introduce each member of the team, Members traveling with the team on a regular basis are also starting with the being honored today, because they are as much a Part of the A h.foot.l.inch freshman guard from ~i~hl~~dpark, victory as are the 14 players who are on the floor. I think it is Illinois, an accounting major, "elIra Dawson, Veltra has important, and I would like the team, as I call their names, to more years, and Iam sure he is going to keep to get come to the area here to my left to receive a citation. more playing time, as Dick Vitale pointed out during the tele- Let me read part of the citation. I am not going to read the vised Boston game. Veltra Dawson, whole citation. We have a citation for each member, and it A h-foot-7-inch forward from Wakefield, states: an electrical engineering major, played a tre- WHEREAS, The Villanova University Wildcats mendous amount oS ball this year. Ln very important times he men's basketball team, in the NCAA tournament, came into the -game and was never afraid to take the .iump . defeated the University of Dayton, University of shot when it was open, and most of the time made it. He was a Michigan, University of Maryland and North Car- olina University to win the Southeast Regional and tremendous contribution to the Cats' success - Mark Plansky. A 6-font-7-inch sophomore forward from Orange, Texas, advance~~ ~ to~ ~ the "Final Four" in Lexington.-. Kentuckv: . . and Connally Brown is a liberal arts major. In addition to being a WHEREAS, Villanova defeated Memphis State fine basketball player, he is a former track star. He held the University in the tournament semi-finals, and in one Texas record for the 440. It is an honor to introduce Connally of the finest college basketball games ever played, defeated number-one ranked Grorgetown University Brown. by a score of sixtv-six to sixty-four to win the NCAA One of the "Twin Towers" of Villanova, a 6-foot-l I-inch National Champibnship; and sophomore center from Salinas, California, and a communi- WHEREAS, This outstanding feat by the cations major, 1 have been told the strongest member of the Villanova Wildcats is a tribute to the teamwork, hard team, Wyatt Maker. 1985 LEGISLATIVE J( URNAL-HOUSE 555

A 6-foot-5-inch sophomore forward from Wethersfield, the ball you never worried, even in the face of the Georgetown Connecticut, a finance major, a walk-on, and an individual press, which he handled so well. I think we are also impressed who is continuing a tremendous Villanova basketball tradi- by the way he was interviewed and by the fact that the Presi- tion following in the steps of his brother, John, Steve Pinone. dent of the United States saw fit to quote the quote from Gary With this next fellow all I can say to Syracuse is, you can McLain. have "the Pearl"; we have . Harold Jensen is a Now, 1 do not know, maybe Gary McLain is going to play 6-foot-5-inch sophomore guard from Trumbull, Connecticut. in the NBA and maybe he is not, but one thing I will predict: 1 think you all saw what he did during the season, coming in whatever he does, he will be an absolute success. He is also the as a sixth man, particularly devastating during the NCAA one whom all the women just want to hug - Gary McLain. tournament in the North Carolina game with his outside For 4 years Dwayne McClain has thrilled all of us with his shooting and his steals that ignited the second-half spark that aerial acrobatics - his two-handed dunks, his behind-the-head carried us to the regional championship, and he was perfect dunks -and also the fact that he is a money ballplayer, consis- from the floor in the championship game against tently making a career of winning the games with the shots at Georgetown. The nicest thing is we have 2 more years with the buzzer; just for example, last year against Syracuse, last him - Harold Jensen. year against Arkansas, and this year against Saint Joe's, and The other "Twin Tower," a 7-foot-1-inch junior from let me say one thing about that. To a Villanovan, this has been Brentwood, New York, a marketing major, Chuck Everson a perfe~3 season. To a Villanovan from Philadelphia, a came in a number of times during the season and made a tre- perfect season is when you win the national championship and mendous contribution. He also was one of the stars of the you beat the Hawks, and Dwayne made sure of that. But you Georgetown game last year at the Spectrum. Fortunately, he know, for all of his activities over the top of the hoop, maybe will be back for one more year - Chuck Everson. the image we will remember the most of Dwayne McClain is A 5-foot-10-inch junior guard from Villanova, Pennsyl- stretched on the court, reaching out to catch that pass, vania, and civil engineering major, he came in a number of holding it for the 2 seconds he had to hold it for, and then times during the season, and I think we will always remember putting his hand up to signify a national championship. An the picture of him hugging his father after the Cats defeated individual who has been fantastic for Villanova and has a North Carolina - R. C. Massimino. great NBA career in front of him, the "D Train," Dwayne is a 6-foot-7-inch junior forward. He is a 3- McClain. year starter from Mystic, Connecticut, and an administrative Eddie Pinckney, 6 feet 9 1/2 inches, a center, a 4-year science major. He has been a tremendously important part of starter from the Bronx, a communications major. He has Villanova's team - a great defensive ballplayer, as he showed been absolutely everything to Villanova. You could go on and in the Maryland game and all through the tournament; a great on with the things that he has dotie over his 4-year career - the offensive ballplayer - a member oS the Southeast Regional 27 points and 22 rebounds against Georgetown, everything he All-Star Team, a man whose contribulion has bccn fantastic has meant to the team. He just got better and better as his and will be back for another year to continue the Villanova career went on, particularly in the NCAA tournament - winning ways - Harold Pressley. devastating in shutting down in Maryland; sick as a A 6-foot senior guard, a walk-on who played 4 years For dog against Memphis State, but you would not know it the Villanova, from Pound Ridge, New York. He is an English way he played. And then the capper was against Georgetown major, so we are going to commission him to wrile the book when he went eyeball to eyeball with , and on this championship season. He also wants to be a coach - Patrick blinked first. A surefire first-round pick in the NBA - Brian Harrington. Eddie Pinckney. We have to skip back for a second. This was absolutely You know, when you go through the proud tradition of unintentional. Before we go to the seniors, we went to Brian, Villanova University, the names of a lot of legends come to but we have one more junior. I do not know how I forgot mind - Paul Arizin, Larry Hennessy, Wally Jones, Jimmy him. I just skipped a space. He is a 6-foot-2-inch junior Washington, Billy Melchionni, Billy Joe, Al Atkinson, Ron guard. He started all during the season for Villanova; tremen- Delaney, Don Bragg - hut when you are talking about dous contribution. If you pick people around here, it was his Villanova legends, it hegins and it ends with one man, the outside shooting that beat Pitt down at the Palestra. He will heart and the soul of Villanova University, Jake Nevin. be back next year for one more year. He is a communications That leaves just one, does it not? Not only is Rollie Massi- major from Paterson, New Jersey - Dwight Wilbur. And 1 mino a good coach but he is a good teacher. If it had not been apologize for skipping you, Dwight. I am sorry about that, for Rollie, we might have gur~rtllrough our entire lives still Dwight. When you get old, your eyesight goes. grasping for the answer to that ancient mystery, what does A 6-foot senior guard, a 3-year starter from Hempstead, "Hoya" mean? And Rollie taught us that "Hoya" means New York, a communications major. I think we have a11 loved number two. watching Gary McLain play. His contributions have been fan- Everybody knows Rollie Mas~iminoiz a great coach. No tastic. He has been the gentle and the spark plug of the team. one prepares a team any better than . No And, you know, you got the feeling that whenever Gary had Rollic Massimino team has ever lost an NCAA tournament LEGISLATIVE JOURNAL-HOUSE APRIL 17, game when he has had at least 3 days to prepare. But I think To conclude the ceremonies-and I would like to thank the there are two other points about Rollie that are significant. Speaker for having convened the House and thank you for Bobby Flick made reference to the fact of how the team pres- coming earlier today than usual-we have the Honorable ents itself both on and off the court, and that just does not James Gallen, who has written a song which he will now happen. It is part of the Villanova family, that closeness that perform. I am dying to hear it. Rollie has developed with his players, and he cares about what Mr. GALLEN. Representative Gallen will not just do the happens to them, not just as athletes but as students and as performance. I am accompanied by Representative Steve men. It is no accident that in Rollie Massimino's tenure, 38 Seventy. out of 38 of his players have graduated, and you have seen the On many occasions this House has been entertained by majors of these individuals. The other thing is, in Rollie's tre- various singing groups. Today we are going to change that mendous career Villanova has had their great games, and like tradition. We, the House of Representatives, are going to any team they have had their bad games, too. There have been entertain and honor the Villanova team. You have the words games when they have kicked the ball around, turned the ball to the chorus of this song on your desks. It is very simple. The over, but one thing about a Rollie Massimino team: a Rollie tune is "Ja Da." Representative Seventy, let us go. I want you

Massimino team never rives up. You can be sure they are guys- ~ to ioin in. always going to give you 110 percent for 40 minutes. (Mr. Gallen sang a song, accompanied by Mr. Seventy on So with no further ado, the maestro of the orchestra, the piano,) architect of the masterpiece, the quiet, low-key, unemotional coach of the national champion Villanova Wildcats, Rollie THE SPEAKER (K. LEROY IRVIS) Massimino. IN THE CHAIR

Mr. MASSIMINO. Thank you very much. Am 1 supposed~ ~ to pound this gavel? The SPEAKER. The Chair wishes to thank the gentleman, It truly is a pleasure and an honor to be a part of this great Mr. Ryan, for temporarily presiding, and if the team and the ceremony. I am sure those of you who are Villanovans and coach will wait for a moment, there are some photographers those of you who wish you were are extremely elated, but 1 who want to take still pictures. know-in jest, obviously-that this is a very, very great day. We will hold the House in recess, and the photographers, if This is a wonderful group of young men who worked very, you wish to arrange the team or those people who want to very hard, and once again, what came out of it is truly suc- have pictures with them, either in the front of the House or at cessful in every which way. I think each and every one of these the rear, if that is better for you. We will stay in recess for 10 people will go on to be very, very successful people, and as a minutes. lot of people knew, but not everyone, they not only are good basketball players but they are good people. After going WELCOMES through six very, very trying games in the NCAA tournament, and if one can stop and analyze that, in every single game we The SPEAKER. The Chair recognizes the gentleman from played in that NCAA tournament we were the underdog, Dauphin, Mr. Wambach. which is almost a true impossibility to withstand such great Mr. WAMBACH. Mr. Speaker, could you introduce guests odds. But again, it is just as the President said when we visited that I have in the gallery in relationship to this event? Washington, that is what America is all about, and hopefully The SPEAKER. The gentleman, Mr. Wambach, has in the the young people of today can just sort of regroup, relive gallery observing the Villanova team, Coach Joe Bressi; the some of the things that hard work is all about, and these kids assistant coach, Beth Paules; and the players, Terri Mitchell, certainly symbolize that. Sheila Borne, Rachelle Coleman, and Chris Breski of the Thank you very much. 1 really appreciate being here. Bishop McDevitt High School girls basketball program. The Mr. FLICK. I would also like to mention, when we started team has been four times Eastern Slate Girls AAA champions the ceremony I failed to note that there were other individuals and have come here to share in the festivities honoring the who did travel with the team and who were responsible for Villanova Wildcats. Welcome to the hall of the House. this great win, the national championship. I would like to We have also from the Pennsylvania Medical Society Dr. mention their names; we have included them in our citation. Wilma Light, who is the president-elect of thar society, Dr. We have assistant coaches Martin Marbach, Steven Lappas, Richard Troiano, and Dr. Gilbert Friday. They are here as the and Harry Booth, and we have sophomore manager John guests of the Beaver and Allegheny County delegations. Branca, who is, unfortunately, in the infirmary. So these gen- Welcome to the hall of the House. tlemen also made a great contribution. And the Chair wishes to take uote that the distinguished And now we have with us an individual whom I also would Altorney General of the Commonwealth of Pennsylvania, like to recognize, would have done it in the appropriate order LeRoy Zimmerman, was in attendance. He is a graduate of - Father Driscoll, the president of Villanova University. Villanova. Before everyone leaves, I would like him to wave and say hi. 1985 LEGISLATIVE JOURNAL-HOUSE 557

RECESS An Act amending the act of June 3, 1937 (P. 1.. 1333, No. 320), kno\rn as the "Pennsylvania Elect~onCode," providing notices The SPEAKER. The House will stand in recess for 10 of polling place changes to elcctor~. minutes. Referred to Committee on STATE GOVERNMENT, April 17, 1985. AFTER RECESS No. 948 Bv, Renresentatives. BUNT. ITKIN. The time of recess having expired, thc House was called to BROUJOS, NOYE, PERZEL, SAURMAN, order. BOWSER, SIRIANNI, ANGSTADT, SEMMEL, LASHINGER, DORR, HOUSE BILLS E. Z. TAYLOR, PETRONE. FOX, INTRODUCED AND REFERRED 1 PETRARCA and RICHARDSON An Act amending Title 23 (Domestic Relations) of the Pennsyl- No. 944 By Representatives MOEHLMANN, vania Consolidated Statutes, adding provisions relating to visita- DeWEESE, A. C. FOSTER, JR., HASAY, tion. JACKSON, KUKOVLCH, NOYE, Referred to Committee on JUDICIARY, April 17, 1985. O'DONNELL, PERZEL, MORRIS, MURPHY and BOWSER No. 949 By Repre~entativeHUTCHINSON An Act amending the act of August 31. 1971 (P. L. 398. No. An Act amending ~i~l~75 (vehicles) or the pennsylvania c~,,. solidated statutes, exempting certain persons from the require. 96). known as the "County Pension I.aw," rurther providing for ment that motorcycle riders wcar protective headgear. the county retirement board. ~~f~~~~dto committee on TRANSPORTATION, Referred to Committee on LOCAL GOVERNMENT, April 17, 1985. April 17, 1985. By Representative HUTCHINSON No. 945 Bv. Reoresentatives. MRKONIC. DALEY and 950 KUKOVICH An Act amending the act of July 31, 1968 (P. L. 769, No. 240). referred to as the "Commonwealth Documents Law," elimi- A Joint Resolution proposing an amendment to the Constitu- nating provisions relating to omission of proposed rulemaking tion of the Commonwealth of Pennsylvania, providing for a notices; and making an editorial change. unicameral General Assembly composed of 125 members. Referred to Committee on STATE GOVERNMENT, Referred to Committee on STATE GOVERNMENT, April 17, 1985. April 17, 1985. Nu. 951 By Representatives BLAUM, HASAY, No. 946 By Representatives BELFANTI, ITKIN, BELARDI, STUBAN, COSLETT and MICOZZIE, BELARDI, LASHINGER, STEVENS CIMINI, ARTY, ANGSTADT, E. Z. TAYLOR, MARKOSEK, STABACK, An Act amending Title 75 (Vehiclcs) of the Pennsylvania Con- RYBAK, NAHILL, DALEY, KOSINSKI, solidated Statutes, providing for public inspection of certain reports. SWEET, FOX, SEMMEL, J. L. WRIGHT, CIVERA, JOHNSON, PERZEL, COY, Referred to Committee on TRANSPORTATION, PRATT, PISTELLA, RUDY, RAYMOND, April 17, 1985. CANNON, PETRONE, PRESSMANN, No. 952 By Representatives DeLUCA, COHEN, DeLUCA, HERMAN, KASUNIC, KASUNIC, POTT, COWELL, ITKIN, HOWLETT, ACOSTA, J. J. TAYLOR, ACOSTA, HALUSKA, BOWSER, TELEK, FISCHER, RICHARDSON and J. J. TAYLOR, KUKOVICH, PETRONE, LUCYK BELFANTI, MILLER, KOSINSKI, An Act relating to the protection of the abused, neglected, GAMBLE, AFFLERBACH, STABACK, exploited or abandoned elderly; establishing a uniform Statewide SHOWERS, VAN HORNE, MORRIS, reporting and investigative system lor suspected abuse, neglect, SWEET, LEVDANSKY, MAYERNIK, exploitation or abandonment of the elderly; providing protective DALEY, TRELLO, TELEK, SEVENTY, services; providing for funding; and making repeals. BALDWIN, E. Z. TAYLOR, PISTELLA, Referred to Committee on HEALTH AND WELFARE, MAIALE, HOWLETT, FOX, MARKOSEK April 17, 1985. and WOGAN No. 947 By Representatives BUNT, PUNT, CESSAR, GODSHALL, MACKOWSKL, BATTISTO, NAHILL, FATTAH, FLICK, PETRARCA, FOX, HERMAN, DeLUCA, E. Z. TAYLOR, CORNELL, PISTELLA, LASHINGER, BOWSER and SAURMAN LEGISLATIVE JOURNAL-HOUSE APRIL 17,

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An Act amending the act of A~ril9.1929 (P. L. 177. No. 175)., . 1 No. 959 Bv. Reoresentative. ~ HUTCHINSON~- known as "The ~dministrative~ode of 1929," furthe; providing for workmen's compensation referees. An Act amending the act of July 23, 1970 (P. L. 563, No. 195), known as the "Public Employe Relations Act," further provid- Referred to Committee on LABOR RELATIONS, ing for collective bargaining~ agreements;- and providing for arbi- April 17, 1985. tration in certain cases. No. 953 By Representatives DeLUCA, COHEN, Referred to Committee on LABOR RELATIONS, KASUNIC, POTT, COWELL, ITKIN, April 17, 1985. ACOSTA, HALUSKA, BOWSER, No. 960 By Representative HUTCHINSON J. J. TAYLOR, KUKOVICH, PETRONE, BELFANTI, MILLER, KOSINSKI, An Act amending the act of October 4, 1978 (P. L. 876, No. 169), known as the "Pennsylvania Crime Commission Act," GAMBLE, AFFLERBACH, STABACK, making the commission a part of the Office of Attorney General SHOWERS, VAN HORNE, MORRIS, and suhiect to the Attorney General's administration and suoer- SWEET, LEVDANSKY, WOGAN, vision; and changing certain powers and duties of the commission MARKOSEK, DALEY, TRELLO, TELEK, andof rheGovernoraccordingly. SEVENTY, BALDWIN, E. Z. TAYLOR, Referred to Committee on JUDICIARY, April 17, 1985 PISTELLA, MAIALE, HOWLETT and No. 961 By Representative HUTCHINSON FOX .. . I An Act amendine Title 42 (Judiciarv and Judicial Procedure)

Referred to Committee on JUDICIARY, April 17, 1985 Referred to Committee on LABOR RELATIONS, April 17, 1985. No. 962 By Representative HUTCHINSON No. 954 By Representative HUTCHINSON An Act amending Title 71 (State Government) of the Pennsyl- vania Consolidated Statutes, adding certain employees to the An Act amending the act of May I, 1933 (P. L. 103, No. 69), State Employees' Retirement System. known as "The Second Class Township Code," requiring town- ships and authorities using private roads for access to maintain Referred to Committee on STATE GOVERNMENT, the roads. I April 17, 1985. Referred to Committee on LOCAL GOVERNMENT, No. 963 By Representative HUTCHINSON April 17, 1985. An Act amending Title 75 (Vehicles) of the Pennsylvania Con- No. 955 By Representative HUTCHINSON solidated Statutes, further providing for reweighing of vehicles on request, for the calibrat~onof portable scales and the reducing An Act amending the act of March 4, 1971 (P. L. 6, No. 2). or readjusting of load*. known as the "Tax Reform Code of 1971," deleting references to insurance in the definition of "purchase price." Referred to Committee on TRANSPORTATION, April 17, 1985. Referred to Committee on FINANCE, April 17, 1985. No. 964 By Representative HUTCHINSON No. 956 BY Representative HUTCHINSON An Act making an appropriation to the Department of Educa- An Act amending the act of March 4, 1971 (P. L. 6, No. 2), tion to reimburse the Pennsylvania State University for expenses known as the "Tax Reform Code of 1971," further providing for incurred in fiscal year 1985.1986 for the Conservatory Leadership the disposition of a portion of the revenues received from the tax- School. ation of certain insurance comnanv. .. oremiums. Referred to Committee on APPROPRIATIONS, April 17, Referred to Committeeon FINANCE, April 17, 1985. 1 1985. No. 957 By Representative HUTCHINSON No. 965 By Representative HUTCHINSON An Act amending the act of March 4, 1971 (P. L. 6, No. 2), known as the "Tax Reform Code of 1971," increasing the gross An Act amending Title 75 (Vehicles) of the Pennsylvania Con- premiums tax assessed on insurance companies. solidated Statutes, repealing provisions relating to homicide by vehicle. Referred to Committee on FINANCE, April 17, 1985 Referred to Committee on TRANSPORTATION, No. 958 By Representative HUTCHINSON April 17, 1985. An Act amending the act of March 4, 1971 (P. L. 6, No. 2). No. 966 By Representatives JACKSON, known as the "Tax Reform Code of 1971," imposing an insur- HUTCHINSON, MOEHLMANN, ance gross premiums tax for emergency medical services systems. SCHULER, WESTON, FOX, WOZNIAK, Referred lo Committee on FINANCE, April 17, 1985 BELARDI, COHEN, NOYE, HONAMAN, SCHEETZ, BARLEY and LETTERMAN 1985 LEGISLATIVE J(

An Act amending the act of May 17, 1921 (P. L. 682, No. 284). Referred to Committee on LABOR RELATIONS, known as "The Insurance Company Law of 1921," requiring April 17, 1985. stock fire insurance companies to provide coverage for sinkhole damage. No. 970 By Representatives SALOOM, LETTERMAN, DIETZ, GODSHALL, Referred to Committee on INSURANCE, April 17, 1985. STABACK, CIMINI, FARGO, DISTLER, No. 967 By Representatives BALDWIN, McCALL, PHILLIPS, GRUPPO, GRUITZA, LUCYK, STUBAN, SHOWERS, CARL-SON and ARTY MRKONIC, KUKOVICH, PERZEL, An Act amending theact of June 25, 1982(P. L. 633, No. 181), SCHULER, DALEY, TIGUE, BLAUM, known as the "Regulatory Review Act," rederining the term SWEET, STABACK, PETRARCA, "agency" to eliminate the exclusion granted the Fish and Game ANGSTADT, J. L. WRIGHT, KOSINSKI, Commissions. CAWLEY, GRUPPO, HERMAN, BOOK, Referred to Committee on GAME AND FISHERIES, TRELLO, BELFANTI, TELEK and April 17, 1985. PISTELLA No. 971 By Representatives LEVIN, IRVIS, An Act designating Route 22 as AMVETS Memorial Highway. MANDERINO, HAYES, COLAFELLA, Referred to Committee on TRANSPORTATION, JOSEPHS, McCLATCHY, CESSAR, April 17, 1985. PIEVSKY, D. R. WRIGHT, No. 968 By Representatives BALDWIN, LUCYK, GALLAGHER, FREIND, ITKIN, FRYER, SHOWERS, LIVENGOOD, FREEMAN, COHEN, HARPER, MILLER, JAROLIN, VEON, U'OZNIAK, DUFFY, FOX, PISTELLA and HAGARTY YANDRISEVITS, BROUJOS, BELFANTI, An Act requiring the disclosure of gifts to institutions of higher TELEK, MRKONIC, SCHULER, DALEY, education made by foreign governments, foreign legal entities TLGUE, BLAUM, HALUSKA, STABACK, and foreign persons. JOHNSON, ANGSTADT, J. L. WRIGHT, Referred to Committee on EDUCATION, April 17, 1985. NOYE, CAWLEY, B. SMITH, GRUPPO. No. 972 By Representatives MOWERY and TRELLO and PRATT HUTCHINSON An Act amending the act of August 9, 1955 (P. L. 323. No. 130), known as "The County Code," further regulating flags An Act amending the act of A~ril12, 1951 (P. L. 90, No. 21), placed on graves. known as the "Liquor Code," authorizing special occasion permits for volunteer ambulance associations. Referred to Committee on LOCAL GOVERNMENT, Referred to Committee on LIQUOR CONTROL, April 17, April 17, 1985. 1985. No. 969 By Representatives MARKOSEK, MAYERNIK, GEORGE, DeWEESE, No. 973 By Representatives SHOWERS, ITKIN, N'AMBACH, HALUSKA, JACKSON, PRATT, ITKIN, PRESSMANN, KUKOVICH, D. R. WRIGHT, STEIGHNER, ACOSTA, J. L. WRIGHT, BELFANTI, MICHLOVIC, KOSINSKI, CIVERA, PETRONE, BELFANTI, COY, PETRONE, SWEET, BATTISTO, MICHLOVIC, .I.J. TAYLOR, BELARDI, JOHNSON, BALDWIN and KUKOVICH, JACKSON, KOSINSKI, PISTELLA BUSH, NAHILL, HALUSKA, E. Z. TAYLOR, BELARDL, BALDWIN, An Act amending the act of December 8, 1959 (P. L. 1718, No. OLASZ, BOOK, WOZNIAK, RAYMOND, 632). entitled, as amended, "An act providing for the payment of VAN HORNE, STABACK, CANNON, the salary, medical and hospital expenses of employes of State penal and correctional institutions, State mental hospitals, Youth SEMMEL, DEAL, SWEET, FREEMAN, Development Centers, County Boards of Assistance, and under DeLUCA, LASHINGER, PRESTON, certain conditions other employes of the Department of Public CARLSON, COHEN, SEVENTY, DALEY, Welfare, who are injured in the performance of their duties; and TRELLO, TELEK, B. SMITH, PISTELLA, providing benefit to their widows and dependents in cerrair~ BLAUM, PHILLIPS, FOX, LUCYK and cases," providing for additional supplemental benelirs. DAWIDA Referred to Committee on LABOR RELATIONS, An Act amending the act of December 1, 1977 (P. L. 249, No. April 17, 1985. 83), entitled "An act prohibiting employers from firing employ- No. 974 By Representatives SHOWERS, ITKIN, ees who lose time from employment in the line of duty as volun- JACKSON, GODSHALL, D. R. WRIGHT, teer firemen and providing penalties," further providing for actions to enforce the provisions of this act; and providing for BELFANTI, KOSINSKI, COY, PETRONE, damages. SWEET, BATTISTO, SCHEETZ, DeLUCA, BELARDI, JOHNSON, 560 LEGISLATIVE JOURNAL-HOUSE APRIL 17,

PRESTON, DISTLER, DALEY, Referred to Committee on JUDICIARY, April 17, 1985. WOZNIAK, BALDWIN, PISTELLA and No. 979 By Representatives STEVENS, FATTAH, BORTNER NOYE, B. SMITH, GODSHALL, An Act amending Title 18 (Crimes and Offenses) of the Penn- BOWSER, ANGSTADT, WOGAN, sylvania Consolidated Statutes, increasing theft offense grading. MORRIS, PRESTON, BELARDI, RYBAK, Referred to Committeeon JUDICIARY, April 17, 1985. BIRMELIN, CORDISCO, TELEK, DlETZ and MRKONIC No. 975 By Representatives SHOWERS, ITKIN, HALUSKA, KUKOVICH, D. R. WRIGHT, An Act amend~ngthe act of May 2, 1945 (P. L. 382, No. 164). BELFANTI, COY, SWEET, MORRIS, known as the "Munic~palityAuthorities Act of 1945," prohibit- ing certain person5 from serving on the board of an authority. BATTISTO, DISTLER, DALEY, TRELLO, WOZNIAK, BALDWIN, E. Z. TAYLOR Referred to Committee on LOCAL GOVERNMENT, and PISTE1,LA April 17, 1985. An Act amending the act of May 1, 1933 (P. L. 103, No. 69), No. 980 By Representatives OLIVER, O'DONNELL, known as "The Second Class Township Code," furthcr provid- BOOK, HAGARTY, REBER, NAHILL, ing for the composition of park or recreation boards. FOX, SEMMEL, KENNEY, PERZEL, Referred to Committee on LOCAL GOVERNMENT, WOGAN, GLADECK, CARN, LINTON, April 17, 1985. LEVIN, DEAL, RICHARDSON, HARPER, GALLEN, WESTON, No. 976 By Representatives BROUJOS, HAYES, WIGGINS, FLICK, RIEGER, NOYE, COLE, BATTISTO, DONATUCCI, ACOSTA, J. J. TAYLOR, G. M. SNYDER, WASS, CAPPABIANCA, CORNELL, FATTAH, TRUMAN, SHOWERS, BELFANTI, COY, COHEN, BARBER, EVANS, BURNS and GALLAGHER, LLOYD, PRESTON, O'BRIEN DAWIDA, McCALL. A. C. FOSTER. JR.. MORRIS, FARGO, GREENWOOD, An Act making an appropriation to the Philadelphia Zoologi- CALTAGIRONE, LUCYK, SCHEETZ and cal Garden; and providing for the duties of the Department of Community Affairs. JACKSON Referred to Committee on APPROPRIATIONS, April 17, An Act providing for the provisions of poultry and egg con- tracts; and imposing civil penalties. 1985. Referred to Committee on AGRICULTURE AND No. 981 By Representatives GEORGE, RURAL AFFAIRS, April 17, 1985. HUTCHINSON, KUKOVICH, MRKONIC, GREENWOOD, POTT, E. Z. TAYLOR, No. 977 By Representatives GREENWOOD, FOX, PISTELLA, COHEN, FISCHER, FARGO, J. L. WRIGHT, JOHNSON, BELARDI, GANNON, CIVERA, BARLEY McVERRY, BATTISTO, TRELLO and and LUCYK COLE An Act amending Title 75 (Vehicles) of thc Pennsylvania Con- An Act repealing the act of June 17, 1913 (P. L. 507, No. 335), solidated Statutes, requiring a stationary rearview mirror on the entitled "An act to provide revenue for State and county pur- right side of certain vehicles. poses, and, in cities coextensive with counties, for city and county purposes; imposing taxes upon certain classes of personal prop- Referred to Committee on TRANSPORTATION, erty; providing for the assessment and collection of the same; April 17, 1985. providing for the duties and compensation of prothonotaries and recorders in connection therewith; and modifying existing legisla- No. 982 By Representatives GEORGE, tion which provided for raising revenue for State purposes." HUTCHINSON, KUKOVICH, MRKONIC, JOHNSON, E. Z. TAYLOR, FOX, Referred to Committee on FINANCE, April 17, 1985. PISTELLA, COHEN, FISCHER, No. 978 By Representatives STEVENS, MORRIS, BELARDI, GANNON, CIVERA and GEIST, J. L. WRIGHT, POTT, DORR, LUCYK PERZEL, PITTS, FISCHER, GANNON, An Act amending Title 75 (Vehicles) of the Pennsylvania Con- CIMINI, CIVERA, OLASZ, KOSINSKI, solidated Statutes, requiring rear window defrosters in certain PETRARCA, GODSHALL, BELARDI and vehicles; and further providing for rear lighting equipment. TELEK Referred to Committee on TRANSPORTATION, An Act amending Title 18 (Crimes and Offenses) of the Penn- April 17, 1985. sylvania Consolidated Statutes, providing for double restitution in certain cases. No. 983 By Representatives FLICK, PRATT, HAYES. BLAUM, HERMAN, MANMILLER, DORR, GREENWOOD, 1985 LEGISLATIVE JOURNAL-HOUSE 561

VROON, NOYE, FARGO, PITTS, ARTY, An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), COY, SCHEETZ, HERSHEY, known as the "Pennsylvania Election Code," further providing DONATUCCI, PETRARCA, BELFANTI, for the creation of new election districts in townships and horoughs. COWELL, E. 2. TAYLOR,CLYMER, SIRIANNI, WOGAN, REINARD, Referred to Committee on STATE GOVERNMENT, BATTISTO, POTT, J. L. WRIGHT, April 17, 1985. CIVERA, JAROLIN, DISTLER, DeLUCA, No. 987 By Representatives WIGGINS, HARPER, NAHILL, G. M. SNYDER, RYBAK, TRUMAN, LEVIN, ACOSTA, KOSINSKI, MICHLOVIC, BEI.ARD1, FISCHER, BARBER, COWELL, GALLAGHER, MILLER, BUSH, AFFLERBACH, CAPPABIANCA, EVANS, DONATUCCI, PHILLIPS, GEIST, GODSHALL, RIEGER, OLIVER, CARN, LINTON and BARLEY, DAWIDA, COLAFELLA, FATTAH JOHNSON, MACKOWSKI, MRKONIC, DIETZ, STABACK, PRESTON, An Act amending the act of March 10, 1949 (P. L. 30, No. 14), known as the "Public School Code of 1949," mandating accep- CARLSON, TELEK, OLASZ, BIRMELIN, tance or accrued credits by educational institutions from other BURD, LANGTRY, GRUPPO, PERZEL educational institutions within the State System of Higher Educa- and RICHARDSON tion. An Act amending Title 42 (Judiciary and Judicial Procedure) Referred to Comn~itteeon EDUCATION, April 17, 1985. of the Pennsylvania Consolidated Statutes, providing for notifi- cation to parents in certain cases. No. 988 By Representatives COSLETT, LETTERMAN, CALTAGIRONE, DIETZ, Referred to Committeeon JUDICIARY. April 17. 1985. BOWSER, PETRONE, PHILLIPS, No. 984 By Representatives CLYMER, MACKOWSKI, BRANDT, DISTLER, HUTCHINSON, SERAFINI, BURNS, TRELLO, BIRMELIN, DAVIES, PHILLIPS, JOHNSON, MERRY, SEVENTY, WICGINS, MAYERNIK, G. M. SNYDER, NOYE, REINARD, TELEK, MARKOSEK, McCALL, ARGALL, JACKSON, SWIFT, FOX, JAROLIN, GODSHALL, KENNEY, SEMMEL, COSLETT, D. W. SNYDER, HALUSKA, PUNT, BELARDI, O'BRIEN, BATTISTO, GEORGE and STEVENS HASAY, LANGTRY, BOOK, MERRY, CLYMER, SEMMEI., A. C. FOSTER, JR., An Act amending Title 75 (Vehicles) ol the Pennsylvania Con- solidated Statutes, providing for the issuance of linlited drivcr'r NOYE, BLAUM, TIGUE, HOWLETT, license in certain cases; and providing penalties. BATTISTO, OLASZ, STEVENS, HERMAN, MANMILLER, FARGO, Referred to Commirtee on TRANSPORTATION, CIMINI, HONAMAN, LLOYD, STAIRS, April 17, 1985. McVERRY, FOX, POTT, ARGALL, No. 985 By Representatives FRYER, GALLAGHER, CESSAR, JACKSON, 1-UCYK, BURNS and LIVENGOOD CHADWICK, WASS, MOEHLMANN, An Act amending [he act of March 10, 1949 (P. L. 30, No. 14). BLACK and CARI.SON known as the "Public School Code of 1949," providing for the An Act amending thc act of June 3, 1937 (P. L. 1225, No. 31h), enrollment of nonresident students placed in thc homes of reii- known as "The Game Law," providing for a definition of dents. "issuing authority"; and further providing for the identification Referred to Committee on EDUCATION, April 17, 1985. of certain hunters. Nn. 986 By Representatives GEORGE, Referred to Committee on GAME AND FISHERIES, MANDERINO, IRVIS, PISTELLA, April 17, 1985. LETTERMAN, AFFI.ERBACH, ho. 989 By Representative5 HAGARTY, FREIND, STABACK, SIRIANNI, D. R. WRIGHT, NAHILL, BUNT, SAURMAN, REBER, COHEN, VEON, HALUSKA, DALEY, FOX and LASHINGER MORRIS, KUKOVICH, TRELLO, DUFFY, An Acr declaring and adopting the song "Pennsylvania - Gee! PRESTON, ITKIN, BATTISTO, It's GreatShaffer, as thc State song of [he Commonwealth of MRKONIC, PRATT, LASHINGER, Pennsylvania. CAWLEY, PIEVSKY, GALLAGHER, Referred to Committee on STATE GOVERNMENT, HUTCHINSON, LIVENGOOD, April 17, 1985. LEVDANSKY, DAWIDA, COLE, LUCYK, VAN HORNE, CALTAGIRONE, No. 990 By Representatives COWELL, BUSH, CI.YMER, REBER and FREEMAN GALLAGHER, COLAFELLA, IRVIS, E. Z. TAYLOR, NOYE, ARTY, ITKIN, 562 LEGISLATIVE JOURNAL-HOUSE APRIL 17,

WAMBACH, MICOZZIE, CIMINI, Referred to Committee on RULES, April 17, 1985 PETRONE, KUKOVICH, RAYMOND, DeLUCA, CESSAR, AFFLERBACH, 1 SENATE BILL FOR CONCURRENCE PETRARCA, CLYMER, FATTAH, NAHILL, BURD, CHADWICK, The clerk of the Senate, being introduced, presented the SHOWERS, FOX, TRELLO, GRUPPO, following bill for concurrence: POTT, HERMAN, HUTCHINSON, SB 282, PN 296 RYBAK, WILSON, GALLEN, HASAY, KENNEY, JAROLIN, HARPER, BURNS, Referred to Committee on JUDICIARY, April 17, 1985 WESTON, SEMMEL, SALOOM, BUNT, TIGUE, PICCOLA, PRATT, BILL REPORTED FROM COMMITTEE, J. L. WRIGHT, LASHINGER, CONSIDERED FIRST TIME, AND TABLED RICHARDSON, McVERRY, FLICK, 1 HB 356, PN 386 By Rep. RICHARDSON DAWIDA, FREEMAN, STEIGHNER, An Act providing authority for urban homesteading and the GREENWOOD, BOOK, FREIND, procedure for establishing an urban homesteading program; J. J. TAYLOR, SAURMAN, GAMBLE, expanding local government's authority in dealing with urban MAYERNIK, McHALE, PISTELLA, blight and decay; and providing exclusions from certain statutes. CIVERA, FARGO, DALEY, ARGALL, URBAN AFFAIRS. D. W. SNYDER, REINARD, D. R. WRIGHT, MILLER, LINTON, ANNOUNCEMENT BY MR. PHILLIPS KOSINSKI, McCALL, BELFANTI, 1 VAN HORNE, LEVDANSKY, The SPEAKER. The Chair recognizes the gentleman from PRESSMANN, HAGARTY, BELARDI, Northumberland, Mr. Phillips, for purposes of making an MARKOSEK, MICHLOVIC, PRESTON, announcement. LANGTRY, SEVENTY, DUFFY, OLASZ, Mr. PHILLIPS. Thank you, Mr. Speaker. YANDRISEVITS, CARLSON, BATTISTO, Mr. Speaker, 1 would like to make an announcement on the LIVENGOOD, WIGGINS, LESCOVITZ, Commonwealth prayer breakfast, which will be held next MRKONIC, DEAL and EVANS Tuesday, April 23, at 7:30 in the morning at the Sheraton at An Act amending the act of August 24, 1963 (P. L. 1132, No. Union Deposit. The main speaker will be Pat Williams of the 484), known as the "Community College Act of 1963," further Philadelphia 76'ers. He is general manager. Those who have providing for payments by the Commonwealth. not received their tickets can do so by contacting my office at Referred to Committee on EDUCATION, April 17, 1985. the Capitol Annex, room I. Thank you very much. The SPEAKER. The Chair thanks the gentleman. HOUSE RESOLUTIONS INTRODUCED AND REFERRED 1 COMMITTEE MEETING CANCELED No. 76 The SPEAKER. The Chair recognizes the gentleman from (Concurrent) By Representatives DIETZ, MICHLOVIC, Westmoreland, Mr. Hutchinson. For what purpose does the PISTELLA, MARKOSEK, COWELL, gentleman rise? OLASZ, SEVENTY and ITKIN Mr. HUTCHINSON. I would like to make an announce- ment, Mr. Speaker. Memorializing the Congress of the United Stares to request the United States Postal Service to issue commemorative stamps to The Transportation Committee meeting in Philadelphia honor George Westinghouse. with Conrail Thursday and Friday is canceled until a later date. Thank you very much. Referred to Committeeon RULES, April 17, 1985. The SPEAKER. The Chair thanks the gentleman. No. 77 By Representative COLAFELLA Directing the Transportation Committee of the House of Rep- CALENDAR CONTINUED resentatives to conduct public hearings relating to the use of seat BILL ON THIRD CONSIDERATION belts on school buses. Referred to Committee on RULES, April 17, 1985. The House proceeded to third consideration of SB 83, PN 321, entitled: No. 79 By Representatives GODSHALL, STEVENS, CHADWICK, FOX, PUNT, An Act amending theact of July 20. 1974 (P. L. 551, No. 190), WASS, BUNT, HAGARTY and CORNELL entitled "Medical Practice Act of 1974," further providing for revocation or suspension of the license to practice medicine; and Recognizing the week of May 12, 1985, as "Law Enforcement authorizing temporary suspensions of licenses. Week." LEGISLATIVE JOURNAL-HOUSE

On the question, As I indicated, this amendment was negotiated and 'Will the House agree to the bill on third consideration? approved by Senator Bell, the prime sponsor of the bill, and I Mr. LLOYD offered the following amendments No. would ask for a "yes" vote on the amendment. A0802: On the question recurring, Amend Sec. 1 (Sec. 15). Dage 4, lines 5 through 9, by qtriking Will the House agree to the amendments? out all of lines 5 through 8 and"the public health or ~afety."in line 9 and inserting ( The following roll call was recorded:

Acosta Dswida Lashinger Richardson Afflerbach Deal Laughlin Rieger Angrladt Dinz I.escovilz Robbins Argali Uistlrr Letterman Rudy Arty Dombrowski Levdansky Ryan Baldbin Donatucci Lcvin Rybak and 14 Barber Dorr Linton Saloom Within thirty days following the issuance of an order temporarily Barley Duffy Livengood Saurman Bat tist0 Durham Lloyd Scheetr Belardi Evan5 Lucyk Schuler Helfanti Fargo McCall Sernmel Birmelin Fattah McClalchy Serafini Black Fee McHale Seventy Blaum Fischer Mackowrki Showers Book Flick Maiale Sirianni Hoitner Foster. Jr., A. Manderina Smith, B. Howley For Manmiller Smith. L. E. Bowser Frcernan Markorek Snyder, D. W. ,.. - Boyes Freind Mayernik Snydcr, G. M. ing out "ninety days unless" in line 15, all of lines 16 and 17 and Brand1 Fryer Merry Staback insertine Broujoi Gallagher Michlovic Stairs one hundred eighty days. Bun1 Gallen Micorrie Steighner Burd Gamble Miller Stevens On the question, Burns Gannon Moehlmann Stewart Will the House agree to the amendments? Bush Geiat Morris Stuban Caltagiione George Mo\*ery The SPEAKER. The Chair recognizes the gentleman from Cappabianca Gladeck Mrkonic Swift Carlion Godshall Murphy Taylor, E. Z. Somerset, Mr. Lloyd. Carn Greenwood Nahill Taylor. F. E. Mr. LLOYD. Thank you, Mr. Speaker. Cawley Gruppo Noye Taylor. J. J. Mr. Speaker, to refresh the memories of the members, Cessar Hagart) O'Brien Trlek~ ~~~~~ Chadwick Halurka O'Donnell Tigue when this bill came over from the Senate it would have given Cimini Harper Olasz Trello to the medical licensing hoard the authority to summarily Cirera Hasay Oliver Truman suspend a license in the case of a potential violation or alleged Clark Hayes Perrcl Van Hornc Clyrner Herman Peirarca Veon violation which posed an immediate and clear danger to Cohen Hershey Petrane Wambach public health and safety. An amendment has been worked out Colafella Hanaman Phillips Wars in negotiations with Senator Bell and with Representative Cole Howlett Piccola Westan Cordiico ltkin Pievsky Wiggins Miller to try to resolve some of the potential due process prob- Cornell Jackson Pirtella Wilson lems, and that is amendment A0802, which is before you. Coslctt Jarolin Pitts Wogan This amendment basically does three things. First, it makes Cau'cll Josephs Pot1 Worniak Cay Kasunic Piessmann Wrighl, D. R. clear that the person who is being charged and whose license Dcluca Kennedy Preston Wright, J. L. could possibly be summarily suspended is entitled to know up DeVertcr Kenney Punt Yandrisevits front what the charges are against him. DeWecsc Koiiniki Raymond Dale). Kukovich Rcber lrvis, Secondly, it says that if a license is summarily suspended- Davies Langlry Reinard Speaker and by "summarily suspending" we mean suspending without NAYS-0 a hearing-that within 30 days of that summary suspension the medical licensing board or a hearing examiner of the NOT VOTING-3 medical licensing board must hold a hearing to determine if Hiilchinson Johnson Piat1 there is adequate evidence to justify the summary suspension. EXCUSED-5 Finally, under the bill the temporary or summary suspen- Dininni McV~rry Vroon Wright, R. C sion could continue ad infinitum. Under this amendment Gruilza there would be a limitation of 180 days. So within that 180- The question was determined in the affirmative, and the day period the board would have to litigate and resolve finally amendments were agreed to. what the status of the license should be. LEGISLATIVE JOURNAL-HOUSE APRIL 17,

On the question, Mr. O'DONNELL. There are three other circumstances Will the House agree to the bill on third consideration as that I would like to raise with you. One is fraud in the applica- amended? tion for the license - some deliberate misstatement in the docu- Bill as amended was agreed to. ments that are submitted for a doctor to be licensed; secondly, a history substantiated by a judicial finding or an arbitration The SPEAKER. This bill has been considered on three dif- finding of malpractice on the part of a doctor; or a judicial ferent days and agreed to and is now on final passage. determination of substance abuse or dependency - drugs or The question is, shall the bill pass finally? alcohol. Would any of those three either constitute in your On final passage, the Chair recognizes the majority whip. opinion an immediate and clear danger or unequivocally Mr. O'DONNELL. Mr. Speaker, I would like to inter- warrant an investigation by the board with circumstances rogate the gentleman, Mr. Lloyd. determining the outcome? The SPEAKER. The gentleman, Mr. Lloyd, indicates he Mr. I.LOYD. Let me go in reverse order. With regard to will stand for interrogation. The gentleman, Mr. O'Donnell, allegations of drug dependency, in my opinion the answer is is in order, and he may proceed. that the board should immediately begin an investigation and, Mr. O'DONNELL. Mr. Speaker, my concern is that this probably in 99 percent of the cases, should summarily bill, especially as improved by your amendment, is a worth- suspend. while attempt hut it may not go anywhere near dealing with In the first one you talked about fraud in getting the license. the problem which has generated it, and maybe we will have I think that would have to depend upon what the fraud was. If to come back and look at this board on sunset. the person says that he has a medical diploma and he does This bill, as I understand it, turns on a finding by the board not, then 1 think the answer is he should he summarily sus- of an immediate and clear danger to public health and safety. pended. If it is, once again, some technicality about maybe his Now, 1 frankly do not know what that is, and my first ques- residency-how long he lived in a particular State or some- tion-at least for purposes of the record and for purposes of thing like that-l am not sure that that would justify a guiding this board in making determinations-is, is the lan- summary suspension. That is something that would not guage "immediate and clear danger to the public health or appear to be any clear and immediate danger. safety" found anywhere else in this law or in statute in Penn- Your second category, I do not recall what that was. sylvania, to the best of your knowledge? Mr. O'DONNELL. Finding of malpractice. Mr. LLOYD. To the best of my knowledge, the answer to Mr. LLOYD. Finding of malpractice, I think, would also that is no. 1 guess the analogy would be to the first-amend- turn on the facts of the case. If it is a finding of malpractice as ment cases involving clear and present danger. a result of arbitration or some court case, I think probably Mr. O'DONNELL. 1 am afraid that is not going to be a usually that would not warrant a summary suspension. If, very illuminating analogy for the board. however, the malpractice involved some egregious act, such as I would like to cover with you a couple of circumstances, sexual assault or such as operating on the wrong patient or and 1 would like your opinion as to whether or not the lan- such as operating on a patient for one thing and actually guage of the statute would cover those cases. Would the board doing the other, something that would shock the conscience, or should the board under this act find an immediate and clear then I think a summary suspension would be in order. danger in cases of a conviction of crime by a physician? Mr. O'DONNELL. Thank you, Mr. Speaker. Mr. LLOYD. Absolutely. In fact, one of the reasons why MI. Speaker? this particular legislation was proposed was because of evi- The SPEAKER. The Chair recognizes the majority whip. dence that in some instances in which people had been either Mr. O'DONNELL. Mr. Speaker, I would urge the passage indicted or convicted of drug offenses, this particular board of this bill, especially with the meaning of it being fleshed out and other boards had not acted quickly to take away the prac- by Representative Lloyd. Whenever we have a problem that I titioner's license. we have to deal with, the temptation is to pass a law and to Mr. O'DONNELL. How about if the licensee, the doctor, pass it so specifically by language that legislators try to antici- had lost his or her medical license in another State? ! pate every fact situation and to cope with it. I am not sure that Mr. LLOYD. It would depend upon the circumstances. If can be done, and it certainly should not be done where we that information were brought to the attention of the board, 1 have an administrative agency that is empowered to follow up the hoard should, as a matter of course, investigate to find oul and make decisions and make rules and regulations imple- why. And a question would be whether this was because of menting our legislative intent. There is evidence in the public some technical violation, or whether the fact situation were forum at this point that this agency has not fulfilled previous sufficiently murky that there ought to be full-blown hearings, mandates. We are not urging any kind of witch hunt, hut I or whether this was of some potential violation such as a 1 think that the legislative history is clear that this board now at sexual assault on a patient or child abuse or killing someone least, if this bill becomes law, has the tools necessary to cope because of improper use of drugs, that there would be a clear with the situations that we have just discussed, and if they fail threat that this particular violation would be repeated in to do so, then I think we ought to be coming back either in the Pennsylvania if the person were not immediately prevented context of sunset review or otherwise to look at a whole new from practicing. legislativescheme here. Thank you. 1985 LEGISLATIVE JOURNAL-HOUSE 565

The SPEAKER. The Chair thanks the gentleman. clear danger to the public health or safety? What do you The Chair recognizes, on final passage, the gentleman from envision, or what would be the details of a board to make Beaver, Mr. Laughlin. such a determination? Mr. LAUGI-1LIN. Mr. Speaker, would the gentleman, Mr. Mr. LLOYD. What would have to happen is the invest- Lloyd, please stand for interrogation? igators who work for the Bureau of Occupational and Profes- The SPEAKER. The gentleman indicates he will stand for sional Affairs would have been notified of some complaint or further interrogation. You are in order, Mr. I.aughlin, and some conviction and would then investigate, and the board you may proceed. prosecutor would come to the board with a recommendation Mr. LAUGHLIN. Mr. Speaker, on page 2, line 9, (3): and with the evidence the prosecutor has been able to compile. "Being convicted of a felony in the courts of this Common- A notice would then be sent to the doctor with the allegations wealth or any other state, territory or country. Conviction as that are being madc against him, but the board, because of the used in this paragraph shall include a finding or verdict of gravity of the situation, would have the power to announce guilt, an admission of guilt or a plea of nolo contendere." Mr. the suspension prior to a hearing, similar to, in civil law, the Speaker, 1 am a little bit at a loss to envision circumstances situation that occurs when you go to courl seeking a Lempo- sometime where a medical practitioner might conceivably rary restraining order which can be granted sometime7 in an commit a felony and still have it not impact at all on the prac- ex parte fashion without the other side being present, but lice of his profession. Are you making any separate determi- before that can be madc permanent, there has to be a full- nation in that regard? blown hearing at which both parties put on their case before Mr. LLOYD. No: we are not. A felony conviction, in my the judge. This would be a similar kind of preceding. opinion, would warrant a summary suspension of a license. Mr. DAVIES. Am 1 to understand that in that interim then, The amendment that you are referring to I think was added the individual would be able to prepare, after that notifica- probably on the Senate floor, and 1 think it is unrelated to the [ion, his side of the preparation for your second step, the 30- summary suspension issue. day period before the hearing? Mr. LAUGHI-IN. Well, Mr. Speaker, since the Senate saw Mr. LLOYD. That is correct. In fact, that 30 days is the fit to make the amendment, I guess 1 cannot continue that absolute maximum. The hearing could occur much faster than interrogation with you. that if the person were ready for it. Mr. LLOYD. I would be happy to try to give you my view, Mr. DAVIES. And there is no guarantee, though, that that if you would like to have it. period could be shortened other than the fact that you are Mr. LAUGHLIN. Mr. Speaker, I have no further inter- putting that maximum in as somewhat of a guarantee on the rogation of the gentleman. upper end of that scale? The SPEAKER. Does the gentleman wish ro speak on final Mr. LLOYD. That is right. The purpose of that portion of passage? rhe amendment was when the bill came over from the Senate, Mr. LAUGHLIN. Mr. Speaker, I am going to vote for this there was no guarantee of any kind of hearing at all for 90 legislation because of my concern, along with my colleagues days. We felt on the Professional Licensure Committee that in the House, about the inadequacy of the board's action with that was not appropriate, and so we coinpromised on 30 days regard to suspensions of license. 1 know that in our own area at the outside. we had difficulty in this area, and we ended up with a gentle- Mr. DAVIES. And the individual thus charged with the man moving to Florida and then trying to practice his training specifics in preparing for that particular hearing process, that and his skills in that area. So I can welcome Lhe legislation. evidence and those findings would be made available to However, the portion dealing with the felony that might be himself and his attorney? outside the practice of his medical profession does give me Mr. LLOYD. That is right. He would be entitled under the some concern, and I imagine, as Representative O'Donnell amendment to examine all the evidence, to examine witnesses had mentioned earlier, possibly we can look at that when we against him, to present evidence and witnesses on his own deal with the sunset legislation. Thank you, Mr. Speaker. behalf. The SPEAKER. The Chair thanks thegentleman.. Mr. DAVIES. Thank you, Mr. Speaker. The Chair recognizes the gentleman from Berks, Mr. On the question recurring, Davies, on final passage. Shall the bill pass finally? Mr. DAVIES. MI. Speaker, I was remiss in not inter- ~h~ SPEAKER. A~~~~~~I~to the provisions of the Consti- rogating the maker of the amendment. 1 would like to inter tution, yeas and nays will now be taken, rogate the maker of the amendment in relation to final passage. YEAS-195 The SPEAKER. The gentleman, Mr. Lloyd, will stand for ,~,,,r, Dcal Langtiy Kict~ardson interrogation. You may proceed, Mr. Davies. Afflerhach Diclr Lashinger Kicger Mr. DAVIES. Mr. Speaker, what kind of deliberation Distler Laughlit, Robbins ~~~$~drI~ornhrauski Leicovitz Rudy would take place in number (7) of your amendment A0802 to ~~l~ I)O~BIIICCI Let~eiman Kyan make that detern~inationfor the issuaiice of an immediate and Ratdain Don I.e\dao\ky Kybak Barber Doily Leiin Saloorn Bnrlr) I)urharn Linlun Saorman

1985 LEGISLATIVE JOURNAL-HOUSE 567

The SPEAKER. The Chair thanks the gentleman. The Chair cannot conceive of anyone in the House who would not be proud to have his name affixed, and the Chair directs the clerk to affix the names of all preFent members of the House of Representatives to that particular resolution. BILLS AND RESOLUTIONS PASSED OVER I The SPEAKER. Without objection, all remaining bills and resolutions on today's calendar will be passed over. The Chair hears no objection. ADJOURNMENT I The SPEAKER. There being no further business to be brought before this day's session of the House, the Chair rec- ognizes the gentleman from York, Mr. Bortner. Mr. BORTNER. Mr. Speaker, I move that this House do now adjourn until Monday, April 22, 1985, at 1 p.m., e.s.t., unless sooner recalled by the Speaker. On the question, Will the House agree to the motion?