COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

WEDNESDAY, SEPTEMBER 21, 2016

SESSION OF 2016 200TH OF THE GENERAL ASSEMBLY No. 56

HOUSE OF REPRESENTATIVES BILLS REPORTED FROM COMMITTEES, The House convened at 11 a.m., e.d.t. CONSIDERED FIRST TIME, AND TABLED HB 564, PN 1222 By Rep. METCALFE THE SPEAKER (MIKE TURZAI) PRESIDING An Act selecting, designating and adopting celestine as the official State mineral of the Commonwealth of Pennsylvania.

PRAYER STATE GOVERNMENT.

HON. WILL TALLMAN, member of the House of HB 1473, PN 2074 By Rep. BARRAR Representatives, offered the following prayer: An Act amending Title 51 (Military Affairs) of the Pennsylvania I am going to go outside of protocol just a bit. I am fighting a Consolidated Statutes, providing for the exclusion of veterans' benefit payments from income for Commonwealth programs. head cold, so if you guys want to pray for me, that is fine. We live in the greatest nation in the world, and I am going to VETERANS AFFAIRS AND EMERGENCY read a brief piece from the fourth stanza of our "Star-Spangled PREPAREDNESS. Banner" as a prayer, and then I am going to just continue on with a few more words. HB 1663, PN 3882 (Amended) By Rep. BAKER So can we bow our heads in prayer. An Act providing for the use of certain credentialing applications, Blest with victory and peace, may the heav'n rescued land for credentialing requirements for health insurers and for protections Praise the Power that hath made and preserved us a nation. for enrollees of health insurers; imposing penalties; and conferring Then conquer we must, when our cause it is just, powers and imposing duties on the Insurance Department and And this be our motto: 'In God is our trust.' Department of Health.

And the star-spangled banner in triumph shall wave O'er the land of the free and the home of the brave! HEALTH.

Lord, You say in Your Word, "Blessed is the nation whose HB 1968, PN 3881 (Amended) By Rep. METCALFE

God is the LORD," and, Lord, we sometimes forget about You An Act authorizing the Department of General Services, with the in our day-to-day activities here in Harrisburg. So, Lord, we just approval of the Pennsylvania Historical and Museum Commission and ask You to have Your wisdom. In James 1:5 You say to let us the Governor, to grant and convey to the Bradford House Historical ask for wisdom, so I am asking You for wisdom for all of us Association certain lands situate in the City of Washington, Washington County; and to grant and convey, at a price to be here in the Pennsylvania House that we can do the work of the determined through a competitive bid process, certain lands, buildings Commonwealth to Your glory. and improvements situate in South Strabane Township, Washington We ask this in Your son's name. Amen. County.

STATE GOVERNMENT. PLEDGE OF ALLEGIANCE HB 2134, PN 3483 By Rep. BAKER (The Pledge of Allegiance was recited by members and visitors.) An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, in licensing of health care facilities, further providing for definitions; and abrogating regulations. JOURNAL APPROVAL POSTPONED HEALTH. The SPEAKER. Without objection, the approval of the Journal of Tuesday, September 20, 2016, will be postponed HB 2232, PN 3679 By Rep. BAKER until printed. An Act amending the act of June 29, 1953 (P.L.304, No.66), Representative Tallman, thank you very much. Outstanding known as the Vital Statistics Law of 1953, in death and fetal death registration, further providing for information for certificates and for job. coroner referrals.

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HEALTH. Referred to Committee on LABOR AND INDUSTRY, September 21, 2016. HB 2304, PN 3806 By Rep. BARRAR

An Act amending Titles 51 (Military Affairs) and 75 (Vehicles) of LEAVES OF ABSENCE the Pennsylvania Consolidated Statutes, in Department of Military and Veterans Affairs, further providing for Pennsylvania Veterans' The SPEAKER. The Chair is going to turn to leaves of Memorial Trust Fund; in State Veterans' Commission and Deputy absence. Adjutant General for Veterans' Affairs, further providing for Veterans' Trust Fund; in Pennsylvania Veterans' Memorial Commission, The Chair recognizes the majority whip, Bryan Cutler, who repealing provisions relating to the Pennsylvania Veterans' Memorial has indicated that the following members have requested leaves Trust Fund and to expiration; and, in registration of vehicles, further of absence for today: Representative Tarah TOOHIL of Luzerne providing for Pennsylvania monument registration plate. County for the day, Representative Stan SAYLOR of York County for the day, Representative Chris ROSS of Chester VETERANS AFFAIRS AND EMERGENCY County for the day, Representative Matt GABLER of Clearfield PREPAREDNESS. County for the day, and Representative Mark MUSTIO of Allegheny County for the day. Without objection, those will be HB 2337, PN 3837 By Rep. GROVE granted.

An Act amending the act of January 25, 1966 (1965 P.L.1546, The minority whip, Mike Hanna, has indicated that the No.541), referred to as the Higher Education Scholarship Law, further following members have requested leaves of absence: providing for eligibility for scholarship. Representative Leslie ACOSTA of Philadelphia County for the day, Representative Vanessa BROWN of Philadelphia County EDUCATION. for the day, Representative Tony DeLUCA of Allegheny County for the day, Representative Dan FRANKEL of HB 2338, PN 3838 By Rep. GROVE Allegheny County for the day, and Representative Ed GAINEY

An Act providing for student protection during the transition of a of Allegheny County for the day. Without objection, those postsecondary education institution to new accreditation. requests for leave will be granted.

EDUCATION. MASTER ROLL CALL

HOUSE BILLS The SPEAKER. The Chair is going to turn now to the master INTRODUCED AND REFERRED roll. Members will proceed to vote.

No. 2353 By Representatives PAYNE, MUSTIO, (Members proceeded to vote.) DIAMOND, D. PARKER and MILLARD

An Act amending Title 4 (Amusements) of the Pennsylvania LEAVE OF ABSENCE Consolidated Statutes, in licensees, further providing for Category 2 slot machine license, for number of slot machine licenses and for The SPEAKER. Representative Kerry BENNINGHOFF has multiple slot machine license prohibition. requested to be placed on leave of absence. Without objection, that will be granted. Referred to Committee on GAMING OVERSIGHT, September 21, 2016. MASTER ROLL CALL CONTINUED

No. 2355 By Representatives MOUL, CAUSER, PICKETT, The following roll call was recorded: TALLMAN, B. MILLER, ZIMMERMAN and CUTLER

An Act amending the act of June 25, 1982 (P.L.633, No.181), PRESENT–191 known as the Regulatory Review Act, further providing for definitions, for final-form regulations and final-omitted regulations and procedures Adolph Everett Lawrence Rapp for review, for procedures for disapproval of final-form and final- Artis Fabrizio Lewis Ravenstahl omitted regulations and emergency-certified regulations, for Baker Farina Longietti Readshaw procedures for subsequent review of disapproved final-form or final- Barbin Farry Mackenzie Reed omitted regulations and for changes in final-form and final-omitted Barrar Fee Maher Reese regulations. Bizzarro Flynn Mahoney Regan Bloom Freeman Major Roae Boback Galloway Maloney Roebuck Referred to Committee on STATE GOVERNMENT, Boyle Gergely Markosek Rothman September 21, 2016. Bradford Gibbons Marshall Rozzi Briggs Gillen Marsico Saccone Brown, R. Gillespie Masser Sainato No. 2356 By Representatives DONATUCCI and BULLOCK Bullock Gingrich Matzie Samuelson Burns Godshall McCarter Sankey An Act amending the act of December 17, 1959 (P.L.1913, Caltagirone Goodman McClinton Santarsiero No.694), known as the Equal Pay Law, further providing for Carroll Greiner McGinnis Santora definitions and for wage rates, providing for additional violations and Causer Grove McNeill Savage for reports and further providing for collection of unpaid wages and for Christiana Hahn Mentzer Schemel penalties. Cohen Hanna Metcalfe Schlossberg Conklin Harhai Metzgar Schreiber 2016 LEGISLATIVE JOURNAL—HOUSE 1731

Corbin Harhart Miccarelli Schweyer Representative Irvin has an important guest. Keith Black – Costa, D. Harkins Millard Simmons where is Keith? – is the district office manager, and he is Costa, P. Harper Miller, B. Sims Cox Harris, A. Miller, D. Snyder retiring after 15 years of service to the House Republican Cruz Harris, J. Milne Sonney Caucus and the Commonwealth of Pennsylvania. Sir, thank you Culver Heffley Moul Staats so much for your service. You have always been great. You run Cutler Helm Mullery Stephens an outstanding office, and thank you so much for your service. Daley, M. Hennessey Murt Sturla Daley, P. Hickernell Neilson Tallman We really appreciate it, Keith. Davidson Hill Nelson Taylor Davis Irvin Nesbit Thomas Dawkins James Neuman Tobash UNCONTESTED CALENDAR Day Jozwiak O'Brien Toepel Dean Kampf O'Neill Topper RESOLUTIONS PURSUANT TO RULE 35 Deasy Kaufer Oberlander Truitt DeLissio Kauffman Ortitay Vereb Delozier Kavulich Parker, D. Vitali Mr. KINSEY called up HR 972, PN 3773, entitled: Dermody Keller, F. Pashinski Ward Diamond Keller, M.K. Payne Warner A Resolution designating the week of September 25 through DiGirolamo Keller, W. Peifer Wentling October 1, 2016, as "Direct Support Professionals Week" in Donatucci Kim Petrarca Wheatley Pennsylvania. Driscoll Kinsey Petri Wheeland Dunbar Kirkland Pickett White * * * Dush Klunk Pyle Youngblood Ellis Knowles Quigley Zimmerman Emrick Kortz Quinn, C. Mrs. BULLOCK called up HR 977, PN 3782, entitled: English Kotik Quinn, M. Turzai, Evankovich Krueger Rader Speaker A Resolution recognizing September 11, 2016, as "National Evans Grandparents Day" in Pennsylvania.

ADDITIONS–0 * * *

NOT VOTING–0 Mr. FARINA called up HR 986, PN 3801, entitled:

EXCUSED–12 A Resolution designating the month of September 2016 as "Pulmonary Fibrosis Awareness Month" in Pennsylvania. Acosta DeLuca Gainey Saylor Benninghoff Frankel Mustio Toohil Brown, V. Gabler Ross Watson * * *

LEAVES ADDED–3 Mrs. GINGRICH called up HR 991, PN 3841, entitled:

Cruz Santarsiero Wheatley A Resolution designating the week of September 11 through 17, 2016, as "Assisted Living Week" in Pennsylvania.

The SPEAKER. One hundred and ninety-one members * * * having voted, a quorum is present. Mr. CRUZ called up HR 993, PN 3843, entitled:

Members, please take your seats. A Resolution designating the month of September 2016 as "Krabbe Disease Awareness Month" in Pennsylvania. GUESTS INTRODUCED * * * The SPEAKER. Located to the left of the rostrum, the Chair welcomes guests of Representative Marcia Hahn: Michael Mr. CRUZ called up HR 994, PN 3844, entitled: Israel, Anna Atiyeh, and Meijong Li. These fine young A Resolution designating the month of September 2016 as individuals are here visiting us from the Bethlehem area. "Leukodystrophy Awareness Month" in Pennsylvania. Thanks so much for being with us today. Great to have you. Two very good friends of Representative Steve Barrar are * * * here, Mike and Jeannie Spillane, and Mike and Jeannie are from West Chester. Thanks so much for joining us today. Mr. CRUZ called up HR 995, PN 3845, entitled: Tom Caltagirone, one of our chairs, has guests with him, Jeffrey and Debra Bitting and their daughters, Hanna and A Resolution observing September 2016 as "Newborn Screening Marissa. It is so wonderful having you here today. They have Awareness Month" in Pennsylvania. been really strong supporters in the fight against childhood cancer. God bless you, and thank you so much for being with us * * * today. It is great to have you. Representative Savage has a very special guest with us Mr. KORTZ called up HR 1005, PN 3859, entitled: today. It is his son, Lynwood Savage. Will you please stand. A Resolution designating September 25, 2016, as "Gold Star Great to have you here today, sir. Mother's Day" in Pennsylvania. 1732 LEGISLATIVE JOURNAL—HOUSE SEPTEMBER 21

On the question, The SPEAKER. We have a number of members who wish to Will the House adopt the resolutions? speak.

The following roll call was recorded: STATEMENT BY MR. MURT

YEAS–191 The SPEAKER. Representative Kinsey will start us off.

Adolph Everett Lawrence Rapp Representative Tom Murt and Representative Kinsey together Artis Fabrizio Lewis Ravenstahl on the same resolution? Yes; on HR 972. Baker Farina Longietti Readshaw Representative Murt, the floor is yours. Barbin Farry Mackenzie Reed Mr. MURT. Thank you, Mr. Speaker. Barrar Fee Maher Reese Bizzarro Flynn Mahoney Regan And thank you to the members for their unanimous approval Bloom Freeman Major Roae of HR 972. I also want to thank the prime sponsor, my Boback Galloway Maloney Roebuck colleague, my friend, Representative Kinsey. Boyle Gergely Markosek Rothman Mr. Speaker, direct support professionals and support Bradford Gibbons Marshall Rozzi Briggs Gillen Marsico Saccone coordinators assist individuals by helping to improve daily Brown, R. Gillespie Masser Sainato lives. Direct support professionals and support coordinators are Bullock Gingrich Matzie Samuelson the people who help individuals with intellectual disabilities to Burns Godshall McCarter Sankey have real choices to work, to live and socialize in their Caltagirone Goodman McClinton Santarsiero Carroll Greiner McGinnis Santora communities, to realize their dreams, to transform their lives, Causer Grove McNeill Savage and to be included in the everyday lives of their communities. Christiana Hahn Mentzer Schemel Mr. Speaker, these professionals work directly with Cohen Hanna Metcalfe Schlossberg consumers in residential, day, employment services, and support Conklin Harhai Metzgar Schreiber Corbin Harhart Miccarelli Schweyer programs throughout the Commonwealth of Pennsylvania. They Costa, D. Harkins Millard Simmons provide skilled and compassionate services and supports for Costa, P. Harper Miller, B. Sims seniors, people with developmental disabilities, people with Cox Harris, A. Miller, D. Snyder mental illness, and those with chronic medical conditions. Cruz Harris, J. Milne Sonney Culver Heffley Moul Staats Direct support professionals and support coordinators Cutler Helm Mullery Stephens support thousands of individuals across this Commonwealth and Daley, M. Hennessey Murt Sturla inspire us with their ability to work with individuals with Daley, P. Hickernell Neilson Tallman developmental disabilities and assist them with securing Davidson Hill Nelson Taylor Davis Irvin Nesbit Thomas meaningful jobs, finding appropriate housing arrangements, Dawkins James Neuman Tobash learning to navigate public transportation systems, and engaging Day Jozwiak O'Brien Toepel in social activities throughout their communities. These efforts Dean Kampf O'Neill Topper allow those in need to live with dignity and comfort in our Deasy Kaufer Oberlander Truitt DeLissio Kauffman Ortitay Vereb communities, and their efforts should be lauded. Delozier Kavulich Parker, D. Vitali Mr. Speaker, 1 day is not enough to properly thank our direct Dermody Keller, F. Pashinski Ward support professionals for the skillful and unselfish work they do Diamond Keller, M.K. Payne Warner 365 days a year. To that end, it is for these reasons and more DiGirolamo Keller, W. Peifer Wentling Donatucci Kim Petrarca Wheatley that I am very proud to offer this resolution, along with Driscoll Kinsey Petri Wheeland Representative Kinsey, recognizing the important work these Dunbar Kirkland Pickett White professionals provide to our neediest and most vulnerable Dush Klunk Pyle Youngblood citizens. Ellis Knowles Quigley Zimmerman Emrick Kortz Quinn, C. Thank you, Mr. Speaker. English Kotik Quinn, M. Turzai, Evankovich Krueger Rader Speaker Evans STATEMENT BY MR. KINSEY

NAYS–0 The SPEAKER. Representative Kinsey, the floor is yours, sir. NOT VOTING–0 Mr. KINSEY. Thank you, Mr. Speaker. And I, too, want to thank all of my colleagues here this EXCUSED–12 morning. I also want to thank Representative Murt for cosponsoring this important House resolution. Acosta DeLuca Gainey Saylor Benninghoff Frankel Mustio Toohil Mr. Speaker, my first job out of college was working as Brown, V. Gabler Ross Watson direct-care support staff. I worked with individuals who had intellectual disabilities, Mr. Speaker, and I just want to say that through my experience, I learned the appreciation and the The majority having voted in the affirmative, the question utmost respect for these individuals who give of themselves. was determined in the affirmative and the resolutions were Mr. Speaker, direct support staff do not do their jobs for the adopted. money. They do not do it for the glory. They do it simply because they care about the quality of life for other individuals,

2016 LEGISLATIVE JOURNAL—HOUSE 1733

Mr. Speaker. And there was a time when this particular title was The SPEAKER. Please stand. It is so great to have you here. relegated to just folks who work with intellectual disabilities, Thank you. but, Mr. Speaker, as Pennsylvania gets older, we now find that Mrs. GINGRICH. I would like to recognize and thank our senior citizens also are in need of support. These Columbia Cottage, but also the fine communities across the individuals, direct support workers, are there to support our State, and encourage them to keep our seniors as cared for and seniors as well. independent as they can be. So, Mr. Speaker, I want to again thank this House, I want to Thank you, Mr. Speaker. again thank my good friend, Representative Murt, for voting The SPEAKER. Thank you, Representative. unanimously for this House resolution. And, Christine, it is so great to have you here. Thanks for Thank you, Mr. Speaker. making the trip to see us today.

STATEMENT BY MRS. GINGRICH LEAVE OF ABSENCE

The SPEAKER. Representative Mauree Gingrich is The SPEAKER. Representative Jake WHEATLEY has recognized to speak on HR 991. indicated that he would like to be placed on leave for the Mrs. GINGRICH. Thank you, Mr. Speaker. remainder of the day. Without objection, that will be granted. I want to thank you and the membership for the unanimous vote on HR 991 and do want to acknowledge the interesting UNCONTESTED SUPPLEMENTAL CALENDAR A placement with the prior resolution dealing with direct workers and our appreciation and recognition of them, because the resolution that we just passed as well, HR 991, is a celebration RESOLUTIONS PURSUANT TO RULE 35 of the National Assisted Living Week here in Pennsylvania, Mr. TAYLOR called up HR 1009, PN 3878, entitled: which we all joined them in last week. It was September 11 through 17. A Resolution designating October 2, 2016, as "Pulaski Day" and The theme of this year was "Keep Connected," which the month of October 2016 as "Polish American Heritage Month" in encourages our assisted living communities to support Pennsylvania, commemorating the 237th anniversary of Brigadier General Casimir Pulaski's death and recognizing the important opportunities for their residents to take advantage of the latest contributions of Polish Americans to this nation's history, and communication tools and engage with the world around them. extending best wishes to the Polish American community in the City of And I was happy to have the privilege of kicking off that week Philadelphia on the 83rd anniversary of the Pulaski Day Parade. in a facility, a residence, assisted living residence in my area, where the people wanted to keep connected with government. * * * So we had the opportunity to kick off the week and talk to them about communicating with the government, the services we Ms. CULVER called up HR 1014, PN 3879, entitled: provide, and how to help each other along the way. So this A Resolution designating the week of September 26 through year's theme is just that – to encourage the communities to help October 2, 2016, as "Prehospital Services Week" in Pennsylvania. and assist their residents in dispelling the myth that older seniors are not interested in or capable of advancing in * * * technology and communication with their loved ones and their friends, wherever they are around the country or world. Mr. NEUMAN called up HR 1018, PN 3880, entitled: Many of you know that in a previous role I was in administration in long-term care, so this is both critical and A Resolution designating the week of September 18 through 24, personal to me, as well, since both my mother and my 2016, as "Child Passenger Safety Week" in Pennsylvania. stepfather-in-law have chosen to reside in an assisted living facility in Lebanon County. The lifestyle and the care that they On the question, provide to people at the residence is outstanding. They can be Will the House adopt the resolutions? and are assisted with any care needs they may have during the day, and any day, but they have the customers' choice of living The following roll call was recorded: as independently as they can, or they choose to be with all the supports in the neighboring community as well. YEAS–190

I just want to point out that there are 38, currently 38 assisted Adolph Evans Krueger Rader living facilities in the Commonwealth, and speaking as one who Artis Everett Lawrence Rapp knows, and it was referenced in the speakers before me, as the Baker Fabrizio Lewis Ravenstahl baby boomers reach age 65 and beyond, they are going to need Barbin Farina Longietti Readshaw Barrar Farry Mackenzie Reed and we want them to play a much larger role in our continuum Bizzarro Fee Maher Reese of care. Bloom Flynn Mahoney Regan I am also privileged to have with me today the managing Boback Freeman Major Roae director of one of those fine licensed assisted living facilities – Boyle Galloway Maloney Roebuck Bradford Gergely Markosek Rothman and the one that my own mother happened to choose – the Briggs Gibbons Marshall Rozzi managing director, Christine Horn, is with me today, and Brown, R. Gillen Marsico Saccone I would like an opportunity for her to rise and be recognized, Bullock Gillespie Masser Sainato Mr. Speaker.

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Burns Gingrich Matzie Samuelson CHILDREN AND YOUTH. Caltagirone Godshall McCarter Sankey Carroll Goodman McClinton Santarsiero Causer Greiner McGinnis Santora HB 1530, PN 2300 By Rep. MOUL Christiana Grove McNeill Savage Cohen Hahn Mentzer Schemel An Act amending Title 23 (Domestic Relations) of the Conklin Hanna Metcalfe Schlossberg Pennsylvania Consolidated Statutes, in petition for adoption, further Corbin Harhai Metzgar Schreiber providing for consents necessary to adoption. Costa, D. Harhart Miccarelli Schweyer Costa, P. Harkins Millard Simmons CHILDREN AND YOUTH. Cox Harper Miller, B. Sims Cruz Harris, A. Miller, D. Snyder Culver Harris, J. Milne Sonney COMMERCE COMMITTEE MEETING Cutler Heffley Moul Staats Daley, M. Helm Mullery Stephens The SPEAKER. Chairman Adam Harris needs recognized Daley, P. Hennessey Murt Sturla Davidson Hickernell Neilson Tallman with respect to a committee announcement. Davis Hill Nelson Taylor Mr. A. HARRIS. Thank you, Mr. Speaker. Dawkins Irvin Nesbit Thomas There will be an immediate meeting of the Commerce Day James Neuman Tobash Committee in G-50 Irvis Office Building to consider HBs 2290 Dean Jozwiak O'Brien Toepel Deasy Kampf O'Neill Topper and 2291. Again, immediate meeting of the Commerce DeLissio Kaufer Oberlander Truitt Committee in G-50 Irvis Office Building. Delozier Kauffman Ortitay Vereb The SPEAKER. There will be an immediate meeting of the Dermody Kavulich Parker, D. Vitali Commerce Committee in G-50 Irvis Office Building. Diamond Keller, F. Pashinski Ward DiGirolamo Keller, M.K. Payne Warner Donatucci Keller, W. Peifer Wentling REPUBLICAN CAUCUS Driscoll Kim Petrarca Wheeland Dunbar Kinsey Petri White Dush Kirkland Pickett Youngblood The SPEAKER. Representative Sandra Major is recognized Ellis Klunk Pyle Zimmerman for a caucus announcement. Emrick Knowles Quigley Ms. MAJOR. Thank you, Mr. Speaker. English Kortz Quinn, C. Turzai, I would like to announce that Republicans will caucus today Evankovich Kotik Quinn, M. Speaker at 11:45. I would ask our members to please report to our NAYS–0 caucus room at 11:45. We would be prepared to come back on the floor, Mr. Speaker, at 12:15. Thank you. NOT VOTING–0 The SPEAKER. Thank you.

EXCUSED–13 DEMOCRATIC CAUCUS Acosta Frankel Mustio Toohil Benninghoff Gabler Ross Watson The SPEAKER. Representative Dermody, for a caucus Brown, V. Gainey Saylor Wheatley announcement. DeLuca Mr. DERMODY. Thank you, Mr. Speaker.

Mr. Speaker, the Democrats will also caucus at 11:45; 11:45.

Thank you, Mr. Speaker. The majority having voted in the affirmative, the question was determined in the affirmative and the resolutions were adopted. RECESS

The SPEAKER. Members, the House will stand in recess BILLS REPORTED FROM COMMITTEE, until 12:15. CONSIDERED FIRST TIME, AND TABLED

HB 1525, PN 2345 By Rep. MOUL AFTER RECESS

An Act amending Title 23 (Domestic Relations) of the The time of recess having expired, the House was called to Pennsylvania Consolidated Statutes, in adoption, further providing for order. definitions, for hearing and for petition for involuntary termination, providing for notice if identity or whereabouts of parent or putative father unknown, further providing for consents necessary to adoption BILLS REPORTED FROM COMMITTEES, and repealing provisions relating to consents not naming adopting parents. CONSIDERED FIRST TIME, AND TABLED

CHILDREN AND YOUTH. HB 1715, PN 3892 (Amended) By Rep. PETRI

An Act amending the act of April 6, 1951 (P.L.69, No.20), known HB 1528, PN 2298 By Rep. MOUL as The Landlord and Tenant Act of 1951, in recovery of possession, further providing for hearing, judgment, writ of possession and An Act amending the act of June 13, 1967 (P.L.31, No.21), known payment of rent by tenant. as the Public Welfare Code, in children and youth, further providing for adoption opportunity payments and reimbursement. URBAN AFFAIRS. 2016 LEGISLATIVE JOURNAL—HOUSE 1735

HB 2239, PN 3702 By Rep. PETRI CALENDAR

An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in neighborhood blight BILLS ON SECOND CONSIDERATION reclamation and revitalization, establishing a grant program for municipalities to establish code enforcement programs and hire code The House proceeded to second consideration of HB 365, enforcement personnel, providing for powers and duties of the PN 2634, entitled: Department of Community and Economic Development and for imposition of a fee and establishing the Municipal Property An Act designating a portion of Byberry Road between Maintenance Code Assistance Fund. Warminster Road and Orangemen's Road in Montgomery County as the Major Jeffrey Toczylowski Memorial Highway. URBAN AFFAIRS. On the question, HB 2290, PN 3893 (Amended) By Rep. A. HARRIS Will the House agree to the bill on second consideration?

An Act amending the act of March 29, 1803 (P.L.542, No.156), Bill was agreed to. entitled "An act to establish a Board of Wardens for the port of Philadelphia, and for the regulation of pilots and pilotages, and for * * * other purposes therein mentioned," further providing for fees.

The House proceeded to second consideration of HB 1996, COMMERCE. PN 3191, entitled:

HB 2291, PN 3769 By Rep. A. HARRIS An Act designating a portion of State Route 1010 in Berks County as the DeLight Breidegam, Jr., Memorial Highway. An Act amending the act of May 11, 1889 (P.L.188, No.210), entitled "A further supplement to an act, entitled 'An act to establish a board of wardens for the Port of Philadelphia, and for the regulation of On the question, pilots and pilotage, and for other purposes,' approved March twenty- Will the House agree to the bill on second consideration? ninth, one thousand eight hundred and three, and for regulating the Bill was agreed to. rates of pilotage and number of pilots," further providing for rates of pilotage and computation, for pilotage fees and unit charge and for charges for services. * * *

COMMERCE. The House proceeded to second consideration of HB 29, PN 34, entitled: SB 482, PN 2064 (Amended) By Rep. PETRI An Act amending the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code, in district election officers, An Act amending the act of July 7, 1947 (P.L.1368, No.542), further providing for appointment of watchers. known as the Real Estate Tax Sale Law, further providing for the title of the act; and, in sale of property, providing for Optional County Demolition and Rehabilitation Fund. On the question, Will the House agree to the bill on second consideration? URBAN AFFAIRS. The SPEAKER. Now, the gentleman, Representative Cohen, SB 486, PN 2065 (Amended) By Rep. PETRI offers many amendments. I do not see him on the House floor.

An Act amending the act of April 8, 1982 (P.L.310, No.87), referred to as the Recorder of Deeds Fee Law, authorizing an additional On the question recurring, fee to be imposed and used for demolition; and making an editorial Will the House agree to the bill on second consideration? change. Mr. HARHAI offered the following amendment URBAN AFFAIRS. No. A09759:

SB 1282, PN 2066 (Amended) By Rep. PETRI Amend Bill, page 1, line 12, by striking out the period after "watchers" and inserting An Act amending Title 68 (Real and Personal Property) of the ; and, in preparation for and conduct of primaries and elections, further Pennsylvania Consolidated Statutes, in creation, alteration and termination of condominiums, further providing for amendment of providing for regulations in force at polling places. declaration; in creation, alteration and termination of cooperatives, Amend Bill, page 3, by inserting between lines 6 and 7 further providing for amendment of declaration; and, in creation, Section 2. Section 1220(d) of the act is amended to read: alteration and termination of planned communities, further providing Section 1220. Regulations in Force at Polling Places.–* * * for amendment of declaration. (d) All persons, except election officers, clerks, machine inspectors, overseers, watchers, persons in the course of voting, URBAN AFFAIRS. persons lawfully giving assistance to voters, and peace and police officers, when permitted by the provisions of this act, must remain at least [ten (10)] twenty-five (25) feet distant from the polling place during the progress of the voting. * * * Amend Bill, page 3, line 7, by striking out "2" and inserting 3

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On the question, Davidson James Nesbit Tallman Will the House agree to the amendment? Day Jozwiak O'Neill Taylor Delozier Kampf Oberlander Tobash DiGirolamo Kaufer Ortitay Toepel The SPEAKER. On the question, the Chair recognizes Dunbar Kauffman Parker, D. Topper Representative Harhai. Dush Keller, M.K. Payne Truitt Mr. HARHAI. Thank you, Mr. Speaker. Ellis Klunk Peifer Vereb Emrick Knowles Petri Vitali My amendment, 09759, just simply states that we are going Evankovich Krueger Pickett Wentling to move the setback at polling places from 10 feet to 25 feet. It Everett Lawrence Pyle Wheeland just reads as follows: "All persons, except election officers, Farry Maher Quigley White clerks, machine inspectors, overseers, watchers, persons in the Fee Major Quinn, M. Zimmerman Gillen Maloney Rader course of voting, persons lawfully giving assistance to voters, Gingrich Marshall Rapp Turzai, and peace and police officers, when permitted…" would be Godshall Marsico Reed Speaker required to "remain at least twenty-five (25) feet…from the Greiner polling place during the progress of the voting." This came about from numerous complaints of people going NOT VOTING–6 in to vote, exercising their personal right to do so, and getting English Savage Sims Thomas blocked by tons and tons of people handing them literature, etc. Lewis Schemel Thank you very much, Mr. Speaker. The SPEAKER. Thank you, sir. EXCUSED–13 Representative Saccone, on the amendment. Acosta Frankel Mustio Toohil Mr. SACCONE. Thank you, Mr. Speaker. Benninghoff Gabler Ross Watson This would offer an undo encumbrance on our volunteers, Brown, V. Gainey Saylor Wheatley many of them who would be out in the weather if you increase DeLuca it to 25 feet. The 10 feet has worked well for many, many years. I encourage a "no" vote from my colleagues. Thank you very much. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment On the question recurring, was not agreed to. Will the House agree to the amendment? On the question recurring, The following roll call was recorded: Will the House agree to the bill on second consideration?

YEAS–81 Mr. CRUZ offered the following amendment No. A09773:

Artis Deasy Kavulich Neuman Amend Bill, page 1, line 11, by inserting after "elections,"" Barbin DeLissio Keller, F. O'Brien in the Secretary of the Commonwealth, further providing for powers Boyle Dermody Keller, W. Pashinski and duties of the Secretary of the Commonwealth; and, Bradford Diamond Kim Petrarca Amend Bill, page 1, lines 15 through 23; page 2, lines 1 through Briggs Donatucci Kinsey Quinn, C. Brown, R. Driscoll Kirkland Ravenstahl 30; page 3, lines 1 through 7; by striking out all of said lines on said Bullock Evans Kortz Readshaw pages and inserting Burns Fabrizio Kotik Roebuck Section 1. Section 201 of the act of June 3, 1937 (P.L.1333, Caltagirone Farina Longietti Rozzi No.320), known as the Pennsylvania Election Code, is amended by Carroll Flynn Mackenzie Sainato adding a subsection to read: Cohen Freeman Mahoney Samuelson Section 201. Powers and Duties of the Secretary of the Conklin Galloway Markosek Santarsiero Commonwealth.–The Secretary of the Commonwealth shall exercise in Costa, D. Gergely Masser Schlossberg the manner provided by this act all powers granted to him by this act, Costa, P. Gibbons Matzie Schreiber Cruz Gillespie McCarter Schweyer and shall perform all the duties imposed upon him by this act, which Culver Goodman McClinton Snyder shall include the following: Daley, M. Hanna McNeill Sturla * * * Daley, P. Harhai Miller, D. Ward (f.3) To develop a mandatory professional certification and poll Davis Harkins Mullery Warner watcher training program for use by county election officials in Dawkins Harris, J. Neilson Youngblood consultation with county boards. Each poll watcher shall attend at least Dean one training class provided by the county of residence before each election at which the watcher will serve. A certificate of training shall NAYS–103 be provided to a poll watcher at the successful completion of training. The certificate must be presented by the poll watcher at the polling Adolph Grove McGinnis Reese Baker Hahn Mentzer Regan place before poll watching to verify training. Barrar Harhart Metcalfe Roae * * * Bizzarro Harper Metzgar Rothman Section 2. Section 417(b) of the act, amended October 8, 2004 Bloom Harris, A. Miccarelli Saccone (P.L.807, No.97), is amended to read: Boback Heffley Millard Sankey Section 417. Appointment of Watchers.– Causer Helm Miller, B. Santora * * * Christiana Hennessey Milne Simmons (b) Each watcher so appointed must be a qualified registered Corbin Hickernell Moul Sonney elector of the county in which the election district for which the Cox Hill Murt Staats Cutler Irvin Nelson Stephens watcher was appointed is located. Each watcher so appointed shall be 2016 LEGISLATIVE JOURNAL—HOUSE 1737 authorized to serve only in the election district for which the watcher The SPEAKER. Representative Vitali, are you seeking an was appointed [and, when the watcher is not serving in the election interrogation? district for which the watcher was appointed, in any other election Mr. VITALI. My mistake. Yes. district in the county in which the watcher is a qualified registered The SPEAKER. Okay. And whom do you wish to elector]: Provided, That only one watcher for each candidate at interrogate, sir? primaries, or for each party or political body at general, municipal or special elections, shall be present in the polling place at any one time Mr. VITALI. The maker of the amendment. from the time that the election officers meet prior to the opening of the The SPEAKER. Okay. Representative Moul, do you stand polls under section 1208 until the time that the counting of votes is for interrogation? He does. complete and the district register and voting check list is locked and You may proceed, but be precise about the question, please. sealed, and all watchers in the room shall remain outside the enclosed Mr. VITALI. Could you just review what provisions would space. [It shall not be a requirement that a watcher] A watcher must be be effective immediately? a resident of the election district for which the watcher is appointed. Mr. MOUL. The gist of the bill is the appointment of poll After the close of the polls and while the ballots are being counted or watchers, and rather than having it effective date 60 days, which voting machine canvassed, all the watchers shall be permitted to be in would be after this year's election, some of us need poll the polling place outside the enclosed space. Each watcher shall be provided with a certificate from the county board of elections, stating watchers and would like to appoint them, and this would make his name and the name of the candidate, party or political body he the bill become effect immediately. It is very simple. represents. Watchers shall be required to show their certificates when Mr. VITALI. Have the counties weighed in on this issue, the requested to do so. Watchers allowed in the polling place under the county commissioners? provisions of this act, shall be permitted to keep a list of voters and Mr. MOUL. Actually, I came up with this bill yesterday right shall be entitled to challenge any person making application to vote and before 2 o'clock, this amendment, so CCAP (County to require proof of his qualifications, as provided by this act. During Commissioners Association of Pennsylvania) did not have an those intervals when voters are not present in the polling place either opportunity to weigh in. I cannot imagine that there would be voting or waiting to vote, the judge of elections shall permit watchers, anyone against having legitimate poll watchers in our election upon request, to inspect the voting check list and either of the two numbered lists of voters maintained by the county board: Provided, areas, in our election polls to make sure everything is up to That the watcher shall not mark upon or alter these official election snuff, so to speak. records. The judge of elections shall supervise or delegate the Mr. VITALI. Okay. Thank you. inspection of any requested documents. * * * On the question recurring, Section 3. This act shall take effect in 60 days. Will the House agree to the amendment?

On the question, (Members proceeded to vote.) Will the House agree to the amendment?

AMENDMENT PASSED OVER TEMPORARILY LEAVE OF ABSENCE

The SPEAKER. Representative CRUZ has requested to be The SPEAKER. On that question, the Chair recognizes placed on leave for the remainder of the day. At this time that Representative Cruz. will be granted. The Chair will go over the amendment until he is here.

On the question recurring, CONSIDERATION OF HB 29 CONTINUED Will the House agree to the bill on second consideration? On the question recurring, Mr. MOUL offered the following amendment No. A09785: Will the House agree to the amendment?

Amend Bill, page 3, line 7, by striking out "in 60 days" and The following roll call was recorded: inserting immediately YEAS–105

On the question, Adolph Greiner Marsico Regan Baker Grove McGinnis Roae Will the House agree to the amendment? Barrar Hahn Mentzer Rothman Bloom Harhart Metcalfe Saccone The SPEAKER. On the question, the Chair recognizes Boback Harris, A. Metzgar Sankey Representative Moul. Brown, R. Heffley Miccarelli Santora Causer Helm Millard Schemel Mr. MOUL. Thank you, Mr. Speaker. Christiana Hennessey Miller, B. Simmons My amendment simply makes this bill become effective Corbin Hickernell Milne Sonney immediately. Thank you, Mr. Speaker. Cox Hill Moul Staats The SPEAKER. Representative Vitali. Culver Irvin Murt Stephens Cutler James Nelson Tallman Mr. VITALI. I am just trying to get in my own mind what Delozier Jozwiak Nesbit Taylor provisions the counties and various local election bureaus would Diamond Kampf Oberlander Tobash have to implement immediately? Just so I understand that. Tell DiGirolamo Kaufer Ortitay Topper me – just review. Dunbar Kauffman Parker, D. Truitt

1738 LEGISLATIVE JOURNAL—HOUSE SEPTEMBER 21

Dush Keller, F. Payne Vereb Amend Bill, page 3, by inserting between lines 6 and 7 Ellis Keller, M.K. Peifer Ward Section 2. Section 1847 of the act, amended February 13, 1998 Emrick Klunk Petri Warner (P.L.72, No.18), is amended to read: English Knowles Pickett Wentling Section 1847. Prohibiting Duress and Intimidation of Voters and Evankovich Lawrence Pyle Wheeland Everett Lewis Quigley White Interference with the Free Exercise of the Elective Franchise.–Any Farry Mackenzie Quinn, C. Zimmerman person or corporation who, directly or indirectly–(a) uses or threatens Fee Maher Rader to use any force, violence or restraint, or inflicts or threatens to inflict Gillen Major Rapp Turzai, any injury, damage, harm or loss, or in any other manner practices Gillespie Maloney Reed Speaker intimidation or coercion upon or against any person, in order to induce Gingrich Marshall Reese or compel such person to vote or refrain from voting at any election, or to vote or refrain from voting for or against any particular person, or NAYS–84 for or against any question submitted to voters at such election, or to place or cause to be placed or refrain from placing or causing to be Artis Deasy Keller, W. Pashinski placed his name upon a register of voters, or on account of such person Barbin DeLissio Kim Petrarca Bizzarro Dermody Kinsey Quinn, M. having voted or refrained from voting at such election, or having voted Boyle Donatucci Kirkland Ravenstahl or refrained from voting for or against any particular person or persons Bradford Driscoll Kortz Readshaw or for or against any question submitted to voters at such election, or Briggs Evans Kotik Roebuck having registered or refrained from registering as a voter; or (b) by Bullock Fabrizio Krueger Rozzi abduction, duress or coercion, or any forcible or fraudulent device or Burns Farina Longietti Sainato contrivance, whatever, impedes, prevents, or otherwise interferes with Caltagirone Flynn Mahoney Samuelson the free exercise of the elective franchise by any voter, or compels, Carroll Freeman Markosek Santarsiero induces, or prevails upon any voter to give or refrain from giving his Cohen Galloway Masser Savage Conklin Gergely Matzie Schlossberg vote for or against any particular person at any election; or (c) being an Costa, D. Gibbons McCarter Schreiber employer, pays his employes the salary or wages due in "pay Costa, P. Godshall McClinton Schweyer envelopes" upon which or in which there is written or printed any Daley, M. Goodman McNeill Sims political motto, device, statement or argument containing threats, Daley, P. Hanna Miller, D. Snyder express or implied, intended or calculated to influence the political Davidson Harhai Mullery Sturla opinions or actions of such employes, or within ninety days of any Davis Harkins Neilson Thomas election or primary puts or otherwise exhibits in the establishment or Dawkins Harper Neuman Toepel place where his employes are engaged in labor, any handbill or placard Day Harris, J. O'Brien Vitali Dean Kavulich O'Neill Youngblood containing any threat, notice, or information that if any particular ticket or candidate is elected or defeated work in his place or establishment NOT VOTING–0 will cease, in whole or in part, his establishment be closed up, or the wages of his employes reduced, or other threats, express or implied, EXCUSED–14 intended or calculated to influence the political opinions or actions of his employes, shall be guilty of a misdemeanor of the [second] first Acosta DeLuca Mustio Toohil degree. Any person or corporation, convicted of a violation of any of Benninghoff Frankel Ross Watson the provisions of this section, shall be sentenced to pay a fine not Brown, V. Gabler Saylor Wheatley exceeding [five thousand ($5,000)] ten thousand ($10,000) dollars, or Cruz Gainey such person or the officers, directors or agents of such corporation responsible for the violation of this section, shall be sentenced to undergo an imprisonment of not more than [two (2)] five (5) years, or The majority having voted in the affirmative, the question both, in the discretion of the court. was determined in the affirmative and the amendment was Amend Bill, page 3, line 7, by striking out "2" and inserting agreed to. 3

On the question, On the question, Will the House agree to the bill on second consideration as Will the House agree to the amendment? amended? The SPEAKER. On the question, the Chair recognizes AMENDMENT WITHDRAWN Representative Cohen. Mr. COHEN. Thank you, Mr. Speaker. The SPEAKER. Representative Cruz's amendment, 9773, Mr. Speaker, this bill deals with the problems of finding will be withdrawn. Amendment 9773 will be withdrawn. minority inspectors in some places. There are also problems with finding majority inspectors in some places, even if the On the question recurring, district is heavily of one party. It may be heavily ridden with Will the House agree to the bill on second consideration as senior citizens or heavily filled with people who have very busy amended? schedules and are not available to work. This would treat majority inspectors the same. Mr. COHEN offered the following amendment No. A09725: I am sorry, Mr. Speaker. I am sorry. I was talking about the wrong amendment, Mr. Speaker. Amend Bill, page 1, line 12, by striking out the period after Mr. Speaker, this increases the penalties for duress and "watchers" and inserting intimidation of voters. It would increase the grading of the ; and, in penalties, further prohibiting duress and intimidation of voters offense to a misdemeanor of the first degree with a fine not and interference with the free exercise of the elective franchise. exceeding $10,000.

2016 LEGISLATIVE JOURNAL—HOUSE 1739

My staff member has confirmed that I accurately described The following roll call was recorded: what the amendment does. I urge everybody's support of this amendment. YEAS–55 The SPEAKER. Thank you, sir. Representative Harper. Artis DeLissio Keller, W. Roebuck Barbin Dermody Kim Rozzi Ms. HARPER. Thank you, Mr. Speaker. Boyle Donatucci Kinsey Sainato May I ask the maker of the amendment a question? Briggs Driscoll Kirkland Samuelson The SPEAKER. The gentlelady from Montgomery County Bullock Evans Longietti Santarsiero has requested interrogation with respect to the maker of the Caltagirone Fabrizio Mahoney Savage Cohen Farina Markosek Schlossberg amendment from Philadelphia County. He has agreed that he Conklin Flynn McClinton Schreiber will stand for interrogation. Costa, D. Freeman McNeill Schweyer Ms. HARPER. Thank you. Costa, P. Gibbons Neilson Sims In reading your amendment on the screen on rolling session, Daley, M. Goodman O'Brien Sturla Daley, P. Hanna Pashinski Thomas it appears to make it a crime for an employer to put something Davidson Harhai Petrarca Youngblood in an employees' paycheck regarding the election or a question Dawkins Harkins Readshaw on the ballot. Is that true? It makes it a crime for an employer to do that? NAYS–134 Mr. COHEN. That is not my understanding, Mr. Speaker. Adolph Gillen Major Rader Ms. HARPER. Well, I understand what your intent is, but Baker Gillespie Maloney Rapp can you please tell me if I am reading that correctly in your Barrar Gingrich Marshall Ravenstahl amendment? Bizzarro Godshall Marsico Reed Mr. COHEN. Mr. Speaker, the only change it makes, it Bloom Greiner Masser Reese Boback Grove Matzie Regan makes no change in existing law other than, the pay envelope Bradford Hahn McCarter Roae law to which you refer is existing law. The only thing that this Brown, R. Harhart McGinnis Rothman bill does is it says, if you violate provisions of this section the Burns Harper Mentzer Saccone fine will go from $5,000 to $10,000 and there is a maximum Carroll Harris, A. Metcalfe Sankey Causer Harris, J. Metzgar Santora imprisonment of 5 years. That is all it does. It has got nothing Christiana Heffley Miccarelli Schemel whatever to do with pay envelopes. Corbin Helm Millard Simmons Ms. HARPER. So if the House approves your amendment, Cox Hennessey Miller, B. Snyder we are making it a $5,000 or a $10,000 crime for each employee Culver Hickernell Miller, D. Sonney Cutler Hill Milne Staats who receives something in his or her paycheck that is construed Davis Irvin Moul Stephens by somebody to be political? Day James Mullery Tallman Mr. COHEN. Mr. Speaker, I do not share that interpretation. Dean Jozwiak Murt Taylor I do not think that is a reasonable interpretation at all. Deasy Kampf Nelson Tobash Delozier Kaufer Nesbit Toepel Ms. HARPER. On the amendment, Mr. Speaker? On the Diamond Kauffman Neuman Topper amendment, Mr. Speaker? DiGirolamo Kavulich O'Neill Truitt The SPEAKER. Yes; I apologize. On the amendment, Dunbar Keller, F. Oberlander Vereb please. Dush Keller, M.K. Ortitay Vitali Ellis Klunk Parker, D. Ward Ms. HARPER. Okay. I think that provision of the law, and Emrick Knowles Payne Warner particularly the heightened penalties – let us just assume you English Kortz Peifer Wentling had a dozen employees – violates the First Amendment, but Evankovich Kotik Petri Wheeland beyond that, I do not think the House should endorse such a Everett Krueger Pickett White Farry Lawrence Pyle Zimmerman view with a vote "yes" on this amendment. Fee Lewis Quigley Thank you, Mr. Speaker. Galloway Mackenzie Quinn, C. Turzai, The SPEAKER. Thank you. Gergely Maher Quinn, M. Speaker Representative Saccone, on the amendment. Mr. SACCONE. Thank you, Mr. Speaker. NOT VOTING–0

For my colleagues' information, the concerns raised by the EXCUSED–14 good gentleman from Philadelphia are taken care of in a bill that is coming up right behind this, HB 148, and he did not approach Acosta DeLuca Mustio Toohil me about this or I would have mentioned that to him. Benninghoff Frankel Ross Watson So I ask that you vote "no" on this amendment. Thank you Brown, V. Gabler Saylor Wheatley Cruz Gainey very much.

On the question recurring, Less than the majority having voted in the affirmative, the Will the House agree to the amendment? question was determined in the negative and the amendment was not agreed to.

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On the question recurring, Mr. SACCONE. Thank you, Mr. Speaker. Will the House agree to the bill on second consideration as Yes, we have not had a chance to talk to any of the counties amended? about this yet, but also that would be cost prohibitive. And I ask that all the members vote "no" on this amendment. Thank you. Mr. NEILSON offered the following amendment The SPEAKER. Representative Neilson, for the second time No. A09790: on the amendment. Mr. NEILSON. Yes, Mr. Speaker. As I pointed out, this is— Amend Bill, page 1, line 11, by inserting after "providing" We are talking about minimum dollars in a time where we for compensation of district election officers and spend thousands and thousands and thousands of dollars to do Amend Bill, page 1, lines 15 through 17, by striking out all of special elections. This is not cost prohibitive. This is not money said lines and inserting wasted. This is people with fixed incomes that come out and Section 1. Section 412.2(a) of the act of June 3, 1937 (P.L.1333, volunteer their time, volunteer their time for much under the No.320), known as the Pennsylvania Election Code, amended May 12, 2006 (P.L.178, No.45), is amended and the section is amended by minimum wage. They get paid less than minimum wage now to adding a subsection to read: the current legislation. This has not been raised in more than Section 412.2. Compensation of District Election Officers.–(a) 10 years. There is not a person sitting in this room getting ready [In] Prior to January 1, 2017, and thereafter for the purposes of to push a red or a green button here that has not gotten a raise calculations in subsection (c), in all counties regardless of class, the every year in those last 10. compensation of judges of election, inspectors of election, clerks and I ask again, with all due respect to the previous speaker, that machine operators shall be fixed by the county board of elections for we approve this measure. each election in accordance with the following: Thank you, Mr. Speaker. Election Officers Minimum Maximum The SPEAKER. Representative Dave Parker. Compensation Compensation Judges of election $75 $200 Mr. PARKER. Mr. Speaker, will the maker of the Inspectors of election $75 $195 amendment stand for interrogation? Clerks and machine operators $70 $195 The SPEAKER. Representative Neilson, will you please (a.1) Beginning January 1, 2017, in all counties regardless of stand for interrogation? He will so do. class, the compensation of judges of election, inspectors of election, Mr. PARKER. Okay. Mr. Speaker, is there anything that clerks and machine operators shall be established at the discretion of prevents a county from paying these rates right now if they the county board of elections under subsection (c) or shall be fixed by desire to? the county board of elections for each election in accordance with the Mr. NEILSON. Yes, sir. What they can do is, it raises the following, whichever is greater: minimum. What we do is we tell them, this is the minimum that Election Officers Minimum Maximum Compensation Compensation you can pay people, so we would like to increase those Judges of election $150 $200 minimums. Inspectors of election $150 $195 Mr. PARKER. But there is no maximum, right, Mr. Speaker? Clerks and machine operators $140 $195 Mr. NEILSON. Pardon? * * * Mr. PARKER. A county can pay these rates if they desire to. Section 2. Section 417(b) of the act, amended October 8, 2004 Mr. NEILSON. The law says that this is the minimum they (P.L.807, No.97), is amended to read: can pay, and I would like to raise that minimum, because Amend Bill, page 3, line 7, by striking out "2" and inserting currently the law states that they can pay the judge of elections a 3 minimum of $75. A lot of them do that, and that is under

minimum wage when you put 16 hours' worth of work. And On the question, I think with the times, we should just adjust that to make certain Will the House agree to the amendment? that the wages are current with our current times. That is why

I did not put as part of my amendment, I did not say raise the The SPEAKER. On the question, the Chair recognizes maximum. I just think the minimum should be raised. Representative Ed Neilson. Mr. PARKER. Mr. Speaker, on the bill? Mr. NEILSON. Thank you, Mr. Speaker. The SPEAKER. Representative Parker, you may proceed. Many of us in this House started our careers in a much Mr. PARKER. Okay. Mr. Speaker, I believe counties that different way – working the polls, working as a judge of wish to pay these higher rates can pay those rates if they desire elections – and what I have noticed is, the volunteers that do to. Many of our counties have members of their county who this are very underpaid. They work 14 hours on election day. want to serve and enjoy serving. Some might even be willing to They set up the polling places 2 nights before, 2 hours before. volunteer for nothing just to participate in the process. But They close them, it takes 2 hours. So they work up to 20 hours. certainly any county that wants to pay more can and I do not What this amendment will do, Mr. Speaker, is raise the think we need this law. Thank you. minimum compensation that they are to be paid, which would The SPEAKER. Representative McCarter. raise the rate from $75 to $150. And $150 for 16 to 18 hours' Mr. McCARTER. Thank you, Mr. Speaker. worth of work is well within the means. I would asked I am just a little bit confused because I heard a minute ago everybody to please support the workers – the poll workers, the that the rationale to be against this was we have not had time to judges, all those volunteers that make certain everybody in this consult with the counties on where they would be on this House gets elected. particular amendment, but I did not hear that same rationale for Thank you, Mr. Speaker. making the immediacy on the prior amendment. And I think The SPEAKER. Representative Saccone, on the amendment. that is a little disingenuous as to what the real rationale for this

bill is if we are trying to move it forward. 2016 LEGISLATIVE JOURNAL—HOUSE 1741

There is a need for all of this to be conferred with the a lot of time to talk about those amendments, they just put them counties. This bill has the possibility of creating chaos on on there in the last 24 hours. So that argument does not hold. election day instead of helping the situation, so I would use, and There is a different impact from this one from the other I would hope that we use, a little logic here. Thank you. amendment that my good colleague made. This amendment The SPEAKER. Representative Samuelson, on the would change from a daily rate to an hourly rate. And the daily amendment. rate maximum right now which counties can employ is Mr. SAMUELSON. Thank you, Mr. Speaker. $200, which divided by 16, in the hypothetical that you talk I echo the comment of the gentleman from Montgomery about, is $12.50. That is far above the minimum wage. County. Yes, we just had an amendment that would make the So I would just tell you that this is changing the way we effective date immediately for this bill, and the sponsor of that actually calculate this, and I do not think this is to the benefit of amendment said he had not had time to check with the counties. the Commonwealth or the process right now. I ask my Now, in this amendment, the prime sponsor of this bill, the colleagues for a "no" vote on this amendment. gentleman from Allegheny and Washington Counties said, we The SPEAKER. Representative Mark Gillen, on the do not have time to check with the counties; you better vote amendment. "no." Mr. GILLEN. Thank you, Mr. Speaker. Well, I looked on my computer screen, and this bill has been I took this little pause here from voting to call the director of introduced since January of 2015. This bill has been out there election services in my home county. I think it is important to for 21 months. Now all of a sudden, 48 days before an election, hear from people in the trenches how this is going to affect their all of a sudden we are discussing this. So it is not correct for the budget. And though this particular county does not pay the majority party to say we should vote "yes" on one amendment minimum – it goes beyond that – if we had a mandatory even without checking with the counties, and vote "no" on minimum to raise the ceiling, she calculated, with the another amendment because we could not check with the 1200 workers and the additional money, it would be counties. Why was this bill not discussed in a thorough and 48,000 additional dollars for that county. And so very simply, if deliberative manner over the last 21 months? Why are you this were implemented, it would blow her budget or result in a rushing this into action 48 days from an election? tax increase for the county. Thank you, Mr. Speaker. Thank you, Mr. Speaker. The SPEAKER. Representative Knowles, on the The SPEAKER. Representative McCarter, for the second amendment. time. Mr. KNOWLES. Thank you, Mr. Speaker. Mr. McCARTER. Thank you, Mr. Speaker. Mr. Speaker, will the maker of the amendment stand for Again I want to reiterate, going back to what we said a few interrogation? seconds ago, we cannot continually say that we did not have The SPEAKER. He has indicated he will. enough time for one and had enough time for another. The Mr. KNOWLES. Mr. Speaker, my understanding is that this amendment that was passed dealing with making it immediate is going to be a substantial increase to counties. Can you tell me also came yesterday – or actually, as the maker of the what the source of the revenue is going to be for what you are amendment said, he just thought about it. So we did not have asking? time to go to the counties, and that has the same impact. Mr. NEILSON. Mr. Speaker, it comes out of the general You have funding issues related to this, and during special operating budget. elections we can make the case very easily that we are spending Mr. KNOWLES. I am sorry; would that be the general an awful lot of money on special elections that does not need to operating budget of the county? be spent, but we do that. So this amendment surely has the same Mr. NEILSON. That is correct, Mr. Speaker. effect of it giving the opportunity of just raising the minimum. It Mr. KNOWLES. Mr. Speaker, on the bill? does not change and make sure that they have to do it. Thank Mr. NEILSON. It is the same thing when they pay for you. special elections, Mr. Speaker. It comes out of that same budget. The SPEAKER. Have you concluded interrogation, sir? MOTION TO POSTPONE Mr. KNOWLES. Yes; if I may speak on the bill? The SPEAKER. On the bill. The SPEAKER. Representative Conklin. Mr. KNOWLES. Mr. Speaker, as a former county Mr. CONKLIN. I want to thank you, Mr. Speaker. commissioner, I can tell you that our counties do an excellent Mr. Speaker, listening to the dialogue today I must tell you, job in terms of running elections. It is their responsibility. Let us it is great democracy to hear both sides talk about how this bill let them do their job. And what you are asking us to do here is can move forward, but I see that both sides have a lot of to vote for an unfunded mandate. It is an unfunded mandate – concern, especially listening to the maker of the bill, about the that woke them up – and I would ask for a "no" vote on the time limits that have been put in that these new amendments amendment. have brought in and folks have not had a chance to talk to their The SPEAKER. Representative Saccone, on the amendment. counties, folks have not had a chance to really digest the true Mr. SACCONE. Thank you, Mr. Speaker. essence of what is going on. In response to my colleague from the Lehigh Valley, first of So, Mr. Speaker, I would like to make a motion. all, the bill has been out there for a long time, yes, but these The SPEAKER. You may proceed, sir. amendments were put on there yesterday, so to say that we had What is your motion?

1742 LEGISLATIVE JOURNAL—HOUSE SEPTEMBER 21

Mr. CONKLIN. I would like to make a motion to go over Cox Hennessey Miller, B. Schemel this bill for the day and not bring it up before September 28. Culver Hickernell Milne Simmons Cutler Hill Moul Sonney The SPEAKER. Okay. So my understanding is, you are Day Irvin Murt Staats doing a motion to postpone until September 28. Delozier James Nelson Stephens Mr. CONKLIN. Yes, sir. Diamond Jozwiak Nesbit Tallman DiGirolamo Kampf O'Neill Tobash Dunbar Kaufer Oberlander Toepel On the question, Dush Kauffman Ortitay Topper Will the House agree to the motion? Ellis Keller, F. Parker, D. Truitt Emrick Keller, M.K. Payne Vereb The SPEAKER. On the motion, you may proceed. English Klunk Peifer Ward Evankovich Knowles Petri Warner Mr. CONKLIN. Thank you, Mr. Speaker. Everett Lawrence Pickett Wentling You know, this is a very important bill and I am listening to Farry Lewis Pyle Wheeland both sides, the maker of the bill, the maker of the amendments, Fee Mackenzie Quigley Zimmerman and I can see something this important to our election process, Gillen Maher Quinn, C. Gillespie Major Quinn, M. Turzai, everything from we have to speed it up that had concerns on our Gingrich Maloney Rader Speaker side, to on the other side where they said, well, these are new amendments, we just have to do them today. I think there is a NOT VOTING–0 great deal of concern that something this important should be rushed through this quickly, and that is the reason I am asking EXCUSED–14 for this postponement, just to give us as a body a chance to look Acosta DeLuca Mustio Toohil at these amendments, see what is best, talk to our home Benninghoff Frankel Ross Watson counties, see exactly what we can do, Mr. Speaker. Thank you. Brown, V. Gabler Saylor Wheatley The SPEAKER. Representative Rick Saccone, on the Cruz Gainey motion, please. Mr. SACCONE. Thank you, Mr. Speaker. I ask my colleagues to vote "no" on the motion. Less than the majority having voted in the affirmative, the question was determined in the negative and the motion was not On the question recurring, agreed to. Will the House agree to the motion? On the question recurring, The following roll call was recorded: Will the House agree to the amendment?

YEAS–79 The SPEAKER. Representative Bradford, on the amendment. He withdraws. Artis Deasy Kim Ravenstahl Barbin DeLissio Kinsey Readshaw On the question recurring, Bizzarro Dermody Kirkland Roebuck Boyle Donatucci Kortz Rozzi Will the House agree to the amendment? Bradford Driscoll Kotik Sainato Briggs Evans Krueger Samuelson The following roll call was recorded: Bullock Fabrizio Longietti Santarsiero Burns Farina Mahoney Savage Caltagirone Flynn Markosek Schlossberg YEAS–84 Carroll Freeman Matzie Schreiber Cohen Galloway McCarter Schweyer Artis DeLissio Kim Petrarca Conklin Gergely McClinton Sims Barbin Dermody Kinsey Ravenstahl Costa, D. Gibbons McNeill Snyder Bizzarro DiGirolamo Kirkland Readshaw Costa, P. Goodman Miller, D. Sturla Boyle Donatucci Kortz Roebuck Daley, M. Hanna Mullery Taylor Bradford Driscoll Kotik Rozzi Daley, P. Harhai Neilson Thomas Briggs Evans Krueger Sainato Davidson Harkins Neuman Vitali Bullock Fabrizio Longietti Samuelson Davis Harris, J. O'Brien White Burns Farina Mahoney Santarsiero Dawkins Kavulich Pashinski Youngblood Caltagirone Flynn Markosek Santora Dean Keller, W. Petrarca Carroll Freeman Matzie Savage Cohen Galloway McCarter Schlossberg NAYS–110 Conklin Gergely McClinton Schreiber Costa, D. Gibbons McNeill Schweyer

Costa, P. Goodman Miccarelli Sims Adolph Godshall Marshall Rapp Daley, M. Hanna Miller, D. Snyder Baker Greiner Marsico Reed Daley, P. Harhai Mullery Sturla Barrar Grove Masser Reese Davidson Harkins Murt Taylor Bloom Hahn McGinnis Regan Davis Harper Neilson Thomas Boback Harhart Mentzer Roae Dawkins Harris, J. Neuman Vitali Brown, R. Harper Metcalfe Rothman Dean Kavulich O'Brien White Causer Harris, A. Metzgar Saccone Deasy Keller, W. Pashinski Youngblood Christiana Heffley Miccarelli Sankey

Corbin Helm Millard Santora

2016 LEGISLATIVE JOURNAL—HOUSE 1743

NAYS–105 class, the compensation of judges of election, inspectors of election, clerks and machine operators shall be established at the discretion of Adolph Godshall Marshall Reed the county board of elections under subsection (c) or shall be fixed by Baker Greiner Marsico Reese the county board of elections for each election in accordance with the Barrar Grove Masser Regan following, whichever is greater: Bloom Hahn McGinnis Roae Election Officers Hourly Wage Boback Harhart Mentzer Rothman Brown, R. Harris, A. Metcalfe Saccone Judges of election $10.10 per hour Causer Heffley Metzgar Sankey Inspectors of election $10.10 per hour Christiana Helm Millard Schemel Clerks and machine operators $10.10 per hour Corbin Hennessey Miller, B. Simmons * * * Cox Hickernell Milne Sonney Section 2. Section 417(b) of the act, amended October 8, 2004 Culver Hill Moul Staats (P.L.807, No.97), is amended to read: Cutler Irvin Nelson Stephens Amend Bill, page 3, line 7, by striking out "2" and inserting Day James Nesbit Tallman 3 Delozier Jozwiak O'Neill Tobash Diamond Kampf Oberlander Toepel Amend Bill, page 3, line 7, by striking out "in 60 days." and Dunbar Kaufer Ortitay Topper inserting Dush Kauffman Parker, D. Truitt as follows: Ellis Keller, F. Payne Vereb (1) The amendment of section 417(b) of the act shall Emrick Keller, M.K. Peifer Ward take effect in 60 days. English Klunk Petri Warner (2) The remainder of this act shall take effect Evankovich Knowles Pickett Wentling immediately. Everett Lawrence Pyle Wheeland Farry Lewis Quigley Zimmerman Fee Mackenzie Quinn, C. On the question, Gillen Maher Quinn, M. Turzai, Will the House agree to the amendment? Gillespie Major Rader Speaker Gingrich Maloney Rapp The SPEAKER. On that question, the Chair recognizes NOT VOTING–0 Representative Dawkins. Mr. DAWKINS. Thank you, Mr. Speaker. EXCUSED–14 I rise today to obviously ask my colleagues to support the amendment, 09794. Interestingly enough, I have heard some Acosta DeLuca Mustio Toohil comments today that I think we need to talk about a little bit. Benninghoff Frankel Ross Watson Brown, V. Gabler Saylor Wheatley One of the comments was made around how dare we increase Cruz Gainey the pay for the election board members because it is considered an unfunded mandate. Now, that is the first time I heard anyone describe an individual who helps you get elected to office, Less than the majority having voted in the affirmative, the whereas we get $184 per day, the per diem, but we are not question was determined in the negative and the amendment willing to give that same pay to individuals who work 14 to was not agreed to. 16 hours a day on election day. I think that is hypocritical of us. I think, you know, we need to take a strong look at the small On the question recurring, folks back home who do this job not because they necessarily Will the House agree to the bill on second consideration as want to do this job, but because some of them need the money amended? to meet their needs in their households. So we sit here on our comfortable salaries and our comfortable per diems and our Mr. DAWKINS offered the following amendment comfortable State-funded cars and vehicles, but we have the No. A09794: audacity— The SPEAKER. Please suspend. Sir, please suspend. Amend Bill, page 1, line 11, by inserting after "providing" Representative Dawkins. Representative Dawkins, on two for compensation of district election officers and points. First of all, you are off subject by far, and any remarks Amend Bill, page 1, lines 15 through 17, by striking out all of are supposed to be to the underlying amendment or bill itself – said lines and inserting by far. And, sir, secondly, I am not sure— You are also Section 1. Section 412.2(a) of the act of June 3, 1937 (P.L.1333, questioning motives and also not, I would say, setting forth facts No.320), known as the Pennsylvania Election Code, amended May 12, with respect to those motives that are not even accurate. So 2006 (P.L.178, No.45), is amended and the section is amended by adding a subsection to read: I would just tell you that if you want to talk about the Section 412.2. Compensation of District Election Officers.–(a) amendment, talk about the amendment, but you are far afield [In] Prior to January 1, 2017, and thereafter for the purposes of here. calculations in subsection (c), in all counties regardless of class, the Mr. DAWKINS. Thank you, Mr. Speaker. compensation of judges of election, inspectors of election, clerks and Again, back to the point at hand, we are asking for the hard machine operators shall be fixed by the county board of elections for worker, individuals back in our districts who work up to each election in accordance with the following: 16 hours on election day, twice a year, that they are not worth, Election Officers Minimum Maximum they are not worth a decent pay. We are talking $10.10; Compensation Compensation $10.10 that we are asking these individuals be paid for a hard Judges of election $75 $200 Inspectors of election $75 $195 day's work. Clerks and machine operators $70 $195 (a.1) Beginning January 1, 2017, in all counties regardless of 1744 LEGISLATIVE JOURNAL—HOUSE SEPTEMBER 21

At some point in our Commonwealth we should pay English Knowles Petri Warner individuals a fair pay for fair work. It seems we have gotten Evankovich Lawrence Pickett Wentling Everett Lewis Pyle Wheeland away from that theory or away from that priority when it comes Farry Mackenzie Quigley Zimmerman to individuals who in our districts or back in our counties. We Fee Maher Quinn, C. make up this story that, where are we going to find the money? Gillen Major Quinn, M. Turzai, I do not remember us asking where we were going to find the Gillespie Maloney Rader Speaker Gingrich Marshall Rapp money when it comes in respect to increase the pay or the COLA (cost-of-living adjustment) that we get every year that NOT VOTING–2 one of my members— The SPEAKER. Please suspend. Please suspend. Please Kinsey O'Brien suspend. You may conclude. EXCUSED–14

Mr. DAWKINS. I ask for affirmative support in this Acosta DeLuca Mustio Toohil amendment. Thank you. Benninghoff Frankel Ross Watson The SPEAKER. Representative John Maher. Brown, V. Gabler Saylor Wheatley Mr. MAHER. This is very simple: Any county that wishes to Cruz Gainey pay the amount proposed in this amendment can do so. Thank you. Less than the majority having voted in the affirmative, the On the question recurring, question was determined in the negative and the amendment Will the House agree to the amendment? was not agreed to.

The following roll call was recorded: On the question recurring, Will the House agree to the bill on second consideration as YEAS–74 amended?

Artis Deasy Keller, W. Ravenstahl The SPEAKER. Amendments 9743, 9744, 9747, 9750, 9753, Barbin DeLissio Kim Readshaw 9765, 9770, 9776, and 9787 to HB 29 have been ruled out of Bizzarro Dermody Kirkland Roebuck order, violating the single-subject requirement contained in Boyle Donatucci Kortz Rozzi Bradford Driscoll Kotik Samuelson House rule 20 and Article III, section 3, of the Pennsylvania Briggs Evans Krueger Santarsiero Constitution. Bullock Fabrizio Longietti Savage As the Supreme Court held in Commonwealth v. Neiman , the Caltagirone Farina Mahoney Schlossberg mere fact that a piece of legislation amends a particular title of a Carroll Flynn Markosek Schreiber Cohen Freeman Matzie Schweyer statute does not mean it fulfills the requirements of Article III, Conklin Galloway McCarter Sims section 3. The subject matter of proposed amendments must Costa, D. Gergely McClinton Snyder relate to the same subject as that contained in the underlying Costa, P. Gibbons McNeill Sturla bill, and the Supreme Court has held that there must be a single Daley, M. Goodman Miller, D. Taylor Daley, P. Hanna Mullery Thomas subject to which all the provisions of the act are relevant. Davidson Harkins Neilson Vitali The subject matter of HB 29 deals with officials at polling Davis Harper Neuman White places, and the amendments must relate to that particular Dawkins Harris, J. Pashinski Youngblood subject. Dean Kavulich

NAYS–113 VOTE CORRECTION

Adolph Godshall Marsico Reed Baker Greiner Masser Reese The SPEAKER. Representative Kinsey, you may be Barrar Grove McGinnis Regan recognized, sir. Bloom Hahn Mentzer Roae Mr. KINSEY. Mr. Speaker, on the last amendment, 09794, Boback Harhai Metcalfe Rothman my button malfunctioned and it did not register a vote. I wanted Brown, R. Harhart Metzgar Saccone Burns Harris, A. Miccarelli Sainato to be noted in the affirmative for that vote. Causer Heffley Millard Sankey The SPEAKER. Yes, sir. That will be so noted. Christiana Helm Miller, B. Santora Corbin Hennessey Milne Schemel Cox Hickernell Moul Simmons CONSIDERATION OF HB 29 CONTINUED Culver Hill Murt Sonney Cutler Irvin Nelson Staats On the question recurring, Day James Nesbit Stephens Will the House agree to the bill on second consideration as Delozier Jozwiak O'Neill Tallman Diamond Kampf Oberlander Tobash amended? DiGirolamo Kaufer Ortitay Toepel Bill as amended was agreed to. Dunbar Kauffman Parker, D. Topper Dush Keller, F. Payne Truitt The SPEAKER. The bill as amended will be reprinted. Ellis Keller, M.K. Peifer Vereb Emrick Klunk Petrarca Ward * * *

2016 LEGISLATIVE JOURNAL—HOUSE 1745

The House proceeded to second consideration of HB 148, Mr. LEWIS. Mr. Speaker, I rise to correct the record also on PN 129, entitled: amendment 9759 on HB 29. I was not recorded and would like to be recorded as negative. An Act amending the act of June 3, 1937 (P.L.1333, No.320), The SPEAKER. The record will so reflect. known as the Pennsylvania Election Code, in penalties, further prohibiting duress and intimidation of voters and interference with the Representative Schemel, you are recognized on unanimous free exercise of the elective franchise. consent. Mr. SCHEMEL. Mr. Speaker, I would also like to correct the On the question, record as to amendment 09759. I was not recorded as having Will the House agree to the bill on second consideration? voted. I would like to be recorded in the negative. The SPEAKER. Yes, sir. You will be recorded. The SPEAKER. Amendments 9715, 9718, 9720, 9721, 9722, Representative Hal English is recognized. 9763, 9768, 9772, and 9788 – all those amendments that I just Mr. ENGLISH. Thank you, Mr. Speaker. identified are out of order because they violate the I, too, rise to correct the record on HB 29, amendment 9759. single-subject requirement contained in House rule 20 and I was not recorded as a "yea" or "nay" and would like to correct Article III, section 3, of the Pennsylvania Constitution. the record and be voted in the negative. As the Pennsylvania Supreme Court has held in The SPEAKER. Representative Savage, you are recognized. Commonwealth v. Neiman , the mere fact that a piece of Mr. SAVAGE. Thank you, Mr. Speaker. legislation amends a particular title of a Pennsylvania statute I, too, would like to correct the record on amendment 9759. does not mean it fulfills the requirements of Article III, section That was a "yes" vote. 3, and the subject matter of the proposed amendments must The SPEAKER. Yes, sir. relate to the same subject as that contained in the underlying bill. STATEMENT BY MR. THOMAS The Supreme Court in City of Philadelphia v. Commonwealth held there must be a single subject to which all The SPEAKER. Representative Curtis Thomas is the provisions of the act are relevant. The subject matter of recognized. HB 29 is election officials at polling places, and thus Mr. THOMAS. Thank you, Mr. Speaker. amendments must relate to that particular subject. Mr. Speaker, I rise to express my disappointment with some Now, there are other amendments. Some were voted down in actions that were taken today. Mr. Speaker, as you know, I have the previous vote and they would not be eligible to be voted been here for 25 years, and in that period of time, Mr. Speaker, upon again because they have already been voted down. Those I have never witnessed a situation where a committee chairman would include House amendment 0129 and that would include was moved from one committee to another with less than amendment 09778 and that would include amendment 09792 10 days before this term comes to an end, and, Mr. Speaker, nor and it would include amendment 09795. have I witnessed a situation where a chairman was moved from Now, amendment 9775 was offered by Representative Cruz. one committee— I know he is absent. Does anybody wish to offer amendment The SPEAKER. Sir, please, is this under unanimous 9775 or should that be withdrawn? That should be withdrawn. consent? That was withdrawn. Mr. THOMAS. Yes. The amendment at this time that I think— There are no And so, Mr. Speaker, secondly, I have never witnessed a other amendments. situation where a chairman has been moved from one committee— On the question recurring, The SPEAKER. Representative, at this time please suspend. Will the House agree to the bill on second consideration? If you want to please approach with the minority leader, that Bill was agreed to. would be appreciated.

LEAVE OF ABSENCE (Conference held at Speaker's podium.)

The SPEAKER. Representative SANTARSIERO requests to REMARKS SUBMITTED FOR THE RECORD be placed on leave for the remainder of the day. Without objection, that will be granted. The SPEAKER. Representative Stephens, you are recognized on unanimous consent. VOTE CORRECTIONS Mr. STEPHENS. Thank you, Mr. Speaker. I just have some remarks to submit for the record, please. The SPEAKER. Representative Sims is recognized on The SPEAKER. Those will be accepted. Thank you. unanimous consent. You may proceed, sir. Mr. STEPHENS submitted the following remarks for the Mr. SIMS. Thank you, Mr. Speaker. Legislative Journal: On HB 29, amendment 9759, I am listed as not voting. I would like to correct the record and be listed in the Mr. Speaker, it is my privilege to bring to the attention of the affirmative, please, Mr. Speaker. Speaker and the members of the Pennsylvania House of The SPEAKER. That will be so noted in the record. Representatives the name of Brandon McMorrow, who has been Representative Harry Lewis, on unanimous consent. awarded Scouting's highest honor – Eagle Scout. 1746 LEGISLATIVE JOURNAL—HOUSE SEPTEMBER 21

Mr. Speaker, I would like to read to the members of the House of boss, Mr. James Fata, also known as Jimmy the Mace, a happy Representatives the following citation of merit honoring Brandon 70th birthday. McMorrow. Thank you, Mr. Speaker. Whereas, Brandon McMorrow earned the Eagle Award in Scouting. The SPEAKER. Representative Miccarelli, thank you. This is the highest award that Boy Scouts can bestow and as such We celebrated with a cake on the 39th birthday yesterday. represents great sacrifice and tremendous effort on the part of this young man. Brandon is a member of Troop 542. Thank you very much. Now therefore, Mr. Speaker and the members of the House of James, happy birthday to you, buddy. Representatives, it is my privilege to congratulate and place in the Legislative Journal the name of Brandon McMorrow. BILL ON SECOND CONSIDERATION

* * * The House proceeded to second consideration of HB 1179,

Mr. Speaker, it is my privilege to bring to the attention of the PN 1524, entitled:

Speaker and the members of the Pennsylvania House of An Act amending the act of June 3, 1937 (P.L.1333, No.320), Representatives the name of William Snow, who has been awarded known as the Pennsylvania Election Code, in district election officers, Scouting's highest honor – Eagle Scout. further providing for qualifications of election officers and for Mr. Speaker, I would like to read to the members of the House of vacancies in election boards. Representatives the following citation of merit honoring William Snow. On the question, Whereas, William Snow earned the Eagle Award in Scouting. This Will the House agree to the bill on second consideration? is the highest award that Boy Scouts can bestow and as such represents great sacrifice and tremendous effort on the part of this young man. William is a member of Troop 152. Mr. COHEN offered the following amendment No. A08377: Now therefore, Mr. Speaker and the members of the House of Representatives, it is my privilege to congratulate and place in the Amend Bill, page 2, line 16, by inserting after "of" Legislative Journal the name of William Snow. majority or

On the question, REMARKS SUBMITTED FOR THE RECORD Will the House agree to the amendment?

Mr. FARRY submitted the following remarks for the The SPEAKER. On the question, the Chair recognizes Legislative Journal: Representative Cohen.

Mr. COHEN. Thank you, Mr. Speaker. Mr. Speaker, it is my privilege to bring to the attention of the Speaker and the members of the Pennsylvania House of Mr. Speaker, this amendment authorizes filling vacancies of Representatives the name of Nicholas John Doan, who has been majority inspectors in the same way as the bill authorizes filling awarded Scouting's highest honor – Eagle Scout. them for minority inspectors. There are many election divisions Mr. Speaker, I would like to read to the members of the House of where there is, for one reason or another, a disengaged voting Representatives the following citation of merit honoring Nicholas John population, either they are too old or too young or too busy, and Doan. it is very difficult to fill vacancies for either majority or Whereas, Nicholas John Doan earned the Eagle Award in Scouting. minority inspectors. And this allows the expansion that this bill This is the highest award that Boy Scouts can bestow and as such provides of possible ways to get minority inspectors there. It represents great sacrifice and tremendous effort on the part of this also allows those expansions to be used for majority inspectors. young man. Nicholas is a member of Troop 19. Now therefore, Mr. Speaker and the members of the House of I urge support of this amendment. Thank you, Mr. Speaker. Representatives, it is my privilege to congratulate and place in the The SPEAKER. Representative Barrar, on the amendment. Legislative Journal the name of Nicholas John Doan. Mr. BARRAR. Thank you, Mr. Speaker. Mr. Speaker, I would ask the members to vote against this bill. I think we all have experienced the problem of getting a VOTE CORRECTION minority inspector at our polling places on election day, but The SPEAKER. Representative Mike O'Brien is recognized. I have never heard of anyone or no one has ever come to me in Mr. O'BRIEN. Thank you, Mr. Speaker. the past and identified a problem with getting the majority It seems like we are just having a terrible day with inspector in there. I come from a district that is heavily technology, but on HB 29, amendment 09794, my vote failed to Republican. I know the maker of the amendment comes from a be recorded. I wish it to be recorded as a "yes." district that is heavily Democrat. I just cannot imagine that there The SPEAKER. Yes, sir. That will be noted in the record. is an actual problem of getting a majority inspector. I would ask the members to vote "no." Thank you.

STATEMENT BY MR. MICCARELLI On the question recurring, Will the House agree to the amendment? The SPEAKER. Representative Miccarelli, on unanimous consent. Mr. MICCARELLI. Thank you, Mr. Speaker. My uncle, Michael Miccarelli, called me this morning to reprimand me for not standing up yesterday to wish his former

2016 LEGISLATIVE JOURNAL—HOUSE 1747

The following roll call was recorded: The SPEAKER. Members, amendments 9724, 9761, 9793, and 9796 had been offered previously but were defeated. They YEAS–76 will not be offered here. Amendments 9742, 9745, 9746, 9751, 9754, 9766, 9771, Artis Dean Harris, J. O'Brien 9777, and 9789 have been ruled out of order consistent with the Barbin Deasy Kavulich Pashinski Bizzarro DeLissio Keller, W. Petrarca two earlier rulings on the prior bills. Boyle Dermody Kim Ravenstahl Bradford Donatucci Kinsey Readshaw On the question recurring, Briggs Driscoll Kirkland Roebuck Will the House agree to the bill on second consideration? Bullock Evans Kortz Rozzi Burns Fabrizio Kotik Sainato Bill was agreed to. Caltagirone Farina Krueger Samuelson Carroll Flynn Longietti Savage Cohen Freeman Mahoney Schlossberg BILLS RECOMMITTED Conklin Galloway Markosek Schreiber Costa, D. Gergely Matzie Schweyer The SPEAKER. The Chair recognizes the majority leader, Costa, P. Gibbons McCarter Sims who moves that the following bills be recommitted to the Daley, M. Goodman McClinton Snyder Daley, P. Hanna Miller, D. Sturla Committee on Appropriations: Davidson Harhai Mullery Thomas Davis Harkins Neilson Vitali HB 29; Dawkins Harper Neuman Youngblood HB 148; HB 365; NAYS–111 HB 1179; and Adolph Greiner Masser Reese HB 1996. Baker Grove McGinnis Regan Barrar Hahn Mentzer Roae On the question, Bloom Harhart Metcalfe Rothman Boback Harris, A. Metzgar Saccone Will the House agree to the motion? Brown, R. Heffley Miccarelli Sankey Motion was agreed to. Causer Helm Millard Santora Christiana Hennessey Miller, B. Schemel Corbin Hickernell Milne Simmons STATEMENT BY MR. VITALI Cox Hill Moul Sonney Culver Irvin Murt Staats The SPEAKER. Representative Greg Vitali is recognized on Cutler James Nelson Stephens unanimous consent. Day Jozwiak Nesbit Tallman Delozier Kampf O'Neill Taylor Mr. VITALI. Thank you, Mr. Speaker. Diamond Kaufer Oberlander Tobash I would just like to note for the record that my good friend DiGirolamo Kauffman Ortitay Toepel from the Lehigh Valley, Steve Samuelson, is celebrating his Dunbar Keller, F. Parker, D. Topper 56th birthday today. Happy birthday, Steve. Dush Keller, M.K. Payne Truitt Ellis Klunk Peifer Vereb The SPEAKER. Happy birthday, Representative Samuelson, Emrick Knowles Petri Ward sir. English Lawrence Pickett Warner Evankovich Lewis Pyle Wentling Everett Mackenzie Quigley Wheeland BILLS REMOVED FROM TABLE Farry Maher Quinn, C. White Fee Major Quinn, M. Zimmerman The SPEAKER. The Chair recognizes the majority leader, Gillen Maloney Rader who moves that the following bills be removed from the tabled Gillespie Marshall Rapp Turzai, Gingrich Marsico Reed Speaker calendar and placed on the active calendar: Godshall HB 616; NOT VOTING–1 HB 782; HB 1313; McNeill HB 2241; EXCUSED–15 HB 2290; HB 2291; Acosta DeLuca Mustio Toohil HB 2303; Benninghoff Frankel Ross Watson HB 2308; and Brown, V. Gabler Santarsiero Wheatley Cruz Gainey Saylor SB 737.

On the question, Less than the majority having voted in the affirmative, the Will the House agree to the motion? question was determined in the negative and the amendment Motion was agreed to. was not agreed to.

On the question recurring, Will the House agree to the bill on second consideration? 1748 LEGISLATIVE JOURNAL—HOUSE SEPTEMBER 21

BILL ON SECOND CONSIDERATION RESOLUTION TABLED

The House proceeded to second consideration of HB 30, The SPEAKER. The Chair recognizes the majority leader, PN 3572, entitled: who moves that HR 502 be removed from the active calendar and placed on the tabled calendar. An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in health care, further providing for example; in anatomical gifts, further providing for On the question, definitions, for persons who may execute anatomical gift, for persons Will the House agree to the motion? who may become donees and purposes for which anatomical gifts may Motion was agreed to. be made, for manner of executing anatomical gifts, for amendment or revocation of gift, for rights and duties at death, for requests for anatomical gifts, for use of driver's license or identification card to RESOLUTION REMOVED FROM TABLE indicate organ or tissue donation, for the Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund contributions, for the Governor Robert P. Casey Memorial Organ and The SPEAKER. The Chair recognizes the majority leader, Tissue Donation Awareness Trust Fund, for confidentiality requirement who moves that HR 502 be removed from the tabled calendar and for prohibited activities; providing for promotion of organ and and placed on the active calendar. tissue donation; establishing the Donate Life PA Registry; providing for facilitation of anatomical gift from decedent whose death is under investigation, for collaboration among departments and organ On the question, procurement organizations, for information relative to organ and tissue Will the House agree to the motion? donation, for Department of Transportation, for Department of Motion was agreed to. Corrections, for requirements for physician and nurse training relative to organ and tissue donation and recovery, for uniformity of application and construction and for relation to Electronic Signatures in Global and COMMITTEE APPOINTMENTS National Commerce Act; and repealing provisions relating to corneal transplants. The SPEAKER. The clerk will read appointments with respect to committee chairs. On the question, Will the House agree to the bill on second consideration? The following committee appointments were read:

BILL TABLED Speaker Appointments:

The SPEAKER. The Chair recognizes the majority leader, Representative Chris Ross, Chester County, resigned as Chairman of who moves that HB 30 be removed from the active calendar and the Liquor Control Committee, and is appointed as Chairman of the Commerce Committee. placed on the tabled calendar.

Representative Adam Harris, Juniata, Franklin and Mifflin Counties, is On the question, appointed as Chairman of the Liquor Control Committee. Will the House agree to the motion? Motion was agreed to. BILLS AND RESOLUTIONS PASSED OVER

BILL REMOVED FROM TABLE The SPEAKER. Without objection, all remaining bills and resolutions on today's calendar will be passed over. The Chair The SPEAKER. The Chair recognizes the majority leader, hears no objection. who moves that HB 30 be removed from the tabled calendar and placed on the active calendar. ADJOURNMENT On the question, The SPEAKER. Representative Sue Helm moves that the Will the House agree to the motion? House now be adjourned until Monday, September 26, 2016, at Motion was agreed to. 1 p.m., e.d.t., unless sooner recalled by the Speaker.

RESOLUTION On the question, Will the House agree to the motion? Mr. REED called up HR 502, PN 2208, entitled: Motion was agreed to, and at 1:16 p.m., e.d.t., the House adjourned. A Resolution adopting a temporary rule of the House of Representatives relating solely to amendments to the General Appropriation Bill for the fiscal year 2015-2016, Senate Bill 1000 (2015).

On the question, Will the House adopt the resolution?