COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

WEDNESDAY, APRIL 17, 2002

SESSION OF 2002 186TH OF THE GENERAL ASSEMBLY No. 31

HOUSE OF REPRESENTATIVES PLEDGE OF ALLEGIANCE The House convened at 11 a.m., e.d.t. (The Pledge of Allegiance was recited by members and

visitors.) THE SPEAKER (MATTHEW J. RYAN) JOURNAL APPROVAL POSTPONED PRESIDING The SPEAKER. Without objection, the approval of the Journal of Tuesday, April 16, 2002, will be postponed until printed. PRAYER The Chair hears no objection.

REV. JULIANN PUGH, Chaplain of the House of HOUSE BILLS Representatives, offered the following prayer: INTRODUCED AND REFERRED Let us pray: No. 2500 By Representatives LEVDANSKY, B. SMITH, Blessed is the nation whose God is the Lord. Lord of the STEELMAN, STEIL, FREEMAN, LYNCH, TANGRETTI, nations, grant us Your blessing here. We give hearty thanks for our CURRY, WILT, STABACK, McNAUGHTON, VEON, HESS, nation, our Commonwealth of Pennsylvania, and for all that in SURRA, M. COHEN, DAILEY, WANSACZ, STURLA, State and nation which has been good. We are humbly grateful for J. TAYLOR, THOMAS, HALUSKA, CREIGHTON, DeWEESE, those who have unselfishly given their lives, their skills, their GRUCELA, WASHINGTON, BASTIAN, MANDERINO, devotion, both recently and in the past, to the causes of freedom, SCRIMENTI, YOUNGBLOOD, CORRIGAN, T. STEVENSON, justice, liberty, and security for all. For those families who have PRESTON, MELIO, YUDICHAK, BEBKO-JONES, recently lost loved ones in Operation Enduring Freedom, we pause McILHATTAN, McCALL, G. WRIGHT, PALLONE, JOSEPHS, and offer our silent prayers. COSTA, TRAVAGLIO, EACHUS, PISTELLA, HANNA, (A moment of silent prayer was observed.) SANTONI, VITALI, CRUZ, RUFFING, HARHAI, HORSEY, If we have grown prideful in our freedoms – to choose, to McGEEHAN, PETRONE, TRICH, J. WILLIAMS, speak, to initiate our causes – help us to understand, O Lord, that WOJNAROSKI, CAWLEY, KIRKLAND, DALLY and MAJOR in being free of the domination of others, the responsibility for ourselves is strong upon us. When we are haunted by our own An Act amending the act of July 28, 1988 (P.L.556, No.101), known fears and struggling with our own compulsions, save us from weak as the Municipal Waste Planning, Recycling and Waste Reduction Act, resignation and put iron in our spines that we may be adequate to providing for purpose of act, for recycling fee and for the Recycling our tasks. Fund; and establishing the Community Renewal Account and the Save us all from the freedom of mere independence. Enable us Conservation Heritage Account. to employ responsibility in our every decision. Keep us from every secret prejudice and guide us away from narrow loyalties, that Referred to Committee on ENVIRONMENTAL RESOURCES when we stand before this body, we may stand behind our cause. AND ENERGY, April 17, 2002. In a time when some still surrender easily, give us the convictions worthy of the courage we profess. Make us able to bear rule, to No. 2573 By Representatives ZUG, FEESE, ALLEN, wear the name “Representative” not as a cloak of power but as the ARMSTRONG, BELFANTI, CALTAGIRONE, CAPPELLI, seamless robe of integrity, knowing that while all fail, yet it CLARK, L. I. COHEN, CORRIGAN, CREIGHTON, CRUZ, remains so that our first call is to our own selves that we must be DALEY, DeLUCA, FICHTER, FORCIER, FREEMAN, GEIST, true. We would ask that we may dare to challenge injustice, to GEORGE, GRUCELA, HANNA, HARHAI, HASAY, HERMAN, champion unpopular causes, and to buck the status quo. HERSHEY, HESS, HORSEY, KIRKLAND, LEWIS, LUCYK, For this day, this place, our life, strength and health, we praise MAHER, MAITLAND, MAJOR, MANN, MARKOSEK, You, O God. For good fellowship and honest disagreement in MARSICO, McCALL, McILHATTAN, McNAUGHTON, freedom, and for those who make it possible, we give thanks. METCALFE, S. MILLER, PETRARCA, PIPPY, READSHAW, Praise be to You, O God, now and forevermore. Amen. RUBLEY, SATHER, SAYLOR, SCHRODER, SOLOBAY, STABACK, R. STEVENSON, T. STEVENSON, E. Z. TAYLOR, TRELLO, TURZAI, WASHINGTON, WATSON, WILT, WOJNAROSKI, YOUNGBLOOD, SHANER and J. TAYLOR 684 LEGISLATIVE JOURNAL—HOUSE APRIL 17

An Act amending the act of March 4, 1971 (P.L.6, No.2), known as Referred to Committee on COMMERCE AND ECONOMIC the Tax Reform Code of 1971, further providing for certain inheritance DEVELOPMENT, April 17, 2002. tax rates.

Referred to Committee on FINANCE, April 17, 2002. No. 2578 By Representatives G. WRIGHT, THOMAS, BELFANTI, BEBKO-JONES, COLAFELLA, CORRIGAN, COY, CREIGHTON, CURRY, DeLUCA, J. EVANS, No. 2574 By Representatives DONATUCCI, REINARD, FAIRCHILD, FREEMAN, HARHAI, HORSEY, KELLER, LEDERER, MANDERINO, SATHER, THOMAS, CLYMER, McGEEHAN, MUNDY, READSHAW, SANTONI, SEMMEL, MELIO, KELLER, JAMES, PISTELLA, CASORIO, SHANER, SOLOBAY, STABACK, STEELMAN, TANGRETTI, SCRIMENTI, CORRIGAN, CREIGHTON, WASHINGTON, TIGUE, WALKO, WANSACZ, WASHINGTON, WATERS, YOUNGBLOOD, SHANER, J. WILLIAMS, CRUZ, HORSEY, WOJNAROSKI, GEORGE, HENNESSEY, JAMES, McCALL, JOSEPHS and ROEBUCK MELIO, PISTELLA, RUBLEY and J. TAYLOR

An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, providing for the entering into agreements by the An Act amending the act of May 26, 1947 (P.L.318, No.140), known board and license applicants regarding the pending application. as the CPA Law, further providing for discipline.

Referred to Committee on LIQUOR CONTROL, April 17, Referred to Committee on PROFESSIONAL LICENSURE, 2002. April 17, 2002.

No. 2575 By Representatives GANNON, BARRAR, No. 2579 By Representatives G. WRIGHT, THOMAS, BELFANTI, BENNINGHOFF, CAPPELLI, L. I. COHEN, BELFANTI, BEBKO-JONES, COLAFELLA, CORRIGAN, COSTA, CREIGHTON, DeLUCA, DONATUCCI, FRANKEL, COY, CREIGHTON, CURRY, DeLUCA, J. EVANS, HORSEY, KIRKLAND, McGEEHAN, MICOZZIE, PERZEL, FAIRCHILD, FREEMAN, GEORGE, HARHAI, HENNESSEY, RAYMOND, READSHAW, ROBINSON, SANTONI, HORSEY, JAMES, KELLER, McCALL, McGEEHAN, SCHRODER, SEMMEL, SHANER, SOLOBAY, STERN, McILHATTAN, MELIO, MUNDY, PISTELLA, READSHAW, THOMAS, TRELLO, WALKO, WASHINGTON, ADOLPH, RUBLEY, SANTONI, SEMMEL, SHANER, SOLOBAY, MACKERETH, SAINATO and J. TAYLOR STABACK, TANGRETTI, TIGUE, WALKO, WANSACZ, WATERS, WOJNAROSKI, YOUNGBLOOD, YUDICHAK and An Act establishing a loan program to install safety devices and J. TAYLOR improve safety at convenience stores; providing for additional duties of the Attorney General; establishing the Community Convenience Store An Act amending the act of December 5, 1972 (P.L.1280, No.284), Protection Fund; and making an appropriation. known as the Pennsylvania Securities Act of 1972, further providing for sales and purchases. Referred to Committee on JUDICIARY, April 17, 2002. Referred to Committee on COMMERCE AND ECONOMIC No. 2576 By Representatives PRESTON, E. Z. TAYLOR, DEVELOPMENT, April 17, 2002. BARRAR, BENNINGHOFF, CAPPELLI, M. COHEN, CREIGHTON, CRUZ, DALEY, DIVEN, HARHAI, HORSEY, No. 2580 By Representatives G. WRIGHT, THOMAS, KIRKLAND, LEH, McCALL, ROBINSON, RUFFING, BELFANTI, BEBKO-JONES, COLAFELLA, CORRIGAN, STABACK, THOMAS, WALKO, WASHINGTON, COY, CREIGHTON, CURRY, DeLUCA, J. EVANS, J. WILLIAMS and YOUNGBLOOD FAIRCHILD, FREEMAN, GEORGE, HENNESSEY, HORSEY, JAMES, KELLER, McCALL, McGEEHAN, McILHATTAN, An Act amending the act of June 22, 1964 (Sp.Sess., P.L.84, No.6), MELIO, MUNDY, PISTELLA, READSHAW, RUBLEY, known as the Eminent Domain Code, further providing for measure of SANTONI, SEMMEL, SHANER, SOLOBAY, STABACK, damages. TANGRETTI, TIGUE, WALKO, WANSACZ, WATERS,

WOJNAROSKI, YOUNGBLOOD, YUDICHAK, J. TAYLOR Referred to Committee on JUDICIARY, April 17, 2002. and HARHAI

No. 2577 By Representatives G. WRIGHT, THOMAS, An Act amending the act of December 5, 1972 (P.L.1280, No.284), BELFANTI, BEBKO-JONES, COLAFELLA, CORRIGAN, known as the Pennsylvania Securities Act of 1972, further providing for COY, CREIGHTON, CURRY, DeLUCA, J. EVANS, assessments. FAIRCHILD, FREEMAN, GEORGE, HARHAI, HENNESSEY, HORSEY, JAMES, KELLER, McCALL, McGEEHAN, Referred to Committee on COMMERCE AND ECONOMIC McILHATTAN, MELIO, MUNDY, PISTELLA, READSHAW, DEVELOPMENT, April 17, 2002. RUBLEY, SANTONI, SEMMEL, SHANER, SOLOBAY, STABACK, STEELMAN, TANGRETTI, TIGUE, WALKO, No. 2581 By Representatives G. WRIGHT, THOMAS, WANSACZ, WASHINGTON, WATERS, WOJNAROSKI, BELFANTI, BEBKO-JONES, COLAFELLA, CORRIGAN, YOUNGBLOOD, YUDICHAK and J. TAYLOR COY, CREIGHTON, CURRY, DeLUCA, J. EVANS, FAIRCHILD, FREEMAN, GEORGE, HARHAI, HORSEY, An Act amending the act of December 5, 1972 (P.L.1280, No.284), KELLER, McGEEHAN, MELIO, PISTELLA, READSHAW, known as the Pennsylvania Securities Act of 1972, further providing for RUBLEY, SANTONI, SEMMEL, SHANER, SOLOBAY, criminal penalties. STABACK, STEELMAN, TANGRETTI, TIGUE, WALKO, 2002 LEGISLATIVE JOURNAL—HOUSE 685

WANSACZ, WASHINGTON, WATERS, WOJNAROSKI, SHANER, SOLOBAY, CORRIGAN, CREIGHTON, DeLUCA, YOUNGBLOOD, YUDICHAK, HENNESSEY, JAMES, FAIRCHILD, GEORGE, HENNESSEY, JAMES, McCALL, McCALL, McILHATTAN, MUNDY and J. TAYLOR McILHATTAN, MUNDY, READSHAW, SANTONI, STEELMAN, WALKO, WASHINGTON, YOUNGBLOOD and An Act amending the act of May 26, 1947 (P.L.318, No.140), known J. TAYLOR as the CPA Law, further providing for privileged communications; and providing for obligation to report wrongdoing, for protection of certified A Resolution urging the Attorney General to take appropriate legal public accountants and accountants, for enforcement and for penalties. action on behalf of the Commonwealth and its political subdivisions.

Referred to Committee on PROFESSIONAL LICENSURE, Referred to Committee on RULES, April 17, 2002. April 17, 2002. No. 540 By Representatives G. WRIGHT, THOMAS, No. 2583 By Representatives COLAFELLA, DeWEESE, BELFANTI, BEBKO-JONES, COLAFELLA, CORRIGAN, THOMAS, CURRY, GRUCELA, MUNDY, ROEBUCK, CREIGHTON, DeLUCA, TANGRETTI, WALKO, SCHULER, STEELMAN, BEBKO-JONES, BUNT, DALEY, WASHINGTON, WOJNAROSKI, YUDICHAK, FAIRCHILD, DeLUCA, DIVEN, GEORGE, HARHART, HORSEY, JAMES, GEORGE, HENNESSEY, JAMES, McCALL, McILHATTAN, JOSEPHS, LAUGHLIN, LESCOVITZ, MICOZZIE, R. MILLER, MUNDY, READSHAW, RUBLEY, SANTONI, SATHER, NICKOL, SAINATO, SATHER, SHANER, SURRA, TIGUE, SEMMEL, SHANER, SOLOBAY, STABACK, STEELMAN, TRELLO, WANSACZ, J. WILLIAMS and YOUNGBLOOD COY, CURRY, SURRA, TIGUE, WANSACZ, WATERS, YOUNGBLOOD, J. EVANS, FREEMAN, HARHAI, HORSEY, An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, further providing for the tax credit KELLER, McGEEHAN, MELIO, PISTELLA and J. TAYLOR scholarship program. A Resolution requesting the Joint State Government Commission to create a task force to review Pennsylvania law governing pension fund Referred to Committee on EDUCATION, April 17, 2002. investments.

HOUSE RESOLUTIONS Referred to Committee on RULES, April 17, 2002. INTRODUCED AND REFERRED

No. 510 By Representatives O’BRIEN, PERZEL, ADOLPH, SENATE MESSAGE M. BAKER, BARD, BARRAR, BEBKO-JONES, BELARDI, BELFANTI, BISHOP, BOYES, BUTKOVITZ, CAPPELLI, HOUSE BILL COLEMAN, CORNELL, CORRIGAN, COSTA, COY, CONCURRED IN BY SENATE CREIGHTON, CRUZ, CURRY, DAILEY, DeWEESE, DiGIROLAMO, D. EVANS, FAIRCHILD, FICHTER, FLICK, The clerk of the Senate, being introduced, returned HB 2048, GABIG, GODSHALL, GORDNER, GRUCELA, GRUITZA, PN 2698, with information that the Senate has passed the same HABAY, HARHAI, HENNESSEY, HERMAN, HERSHEY, without amendment. HUTCHINSON, JAMES, KENNEY, LAUGHLIN, LESCOVITZ, LEVDANSKY, MAHER, MANDERINO, MANN, MARKOSEK, MARSICO, McCALL, McGEEHAN, McNAUGHTON, MELIO, MICOZZIE, R. MILLER, MUNDY, NAILOR, OLIVER, SENATE MESSAGE PICKETT, PIPPY, READSHAW, ROEBUCK, RUBLEY, HOUSE AMENDMENTS SAMUELSON, SANTONI, SATHER, SCHRODER, SCHULER, CONCURRED IN BY SENATE SCRIMENTI, SHANER, STABACK, STEELMAN, STERN,

T. STEVENSON, STURLA, TANGRETTI, E. Z. TAYLOR, The clerk of the Senate, being introduced, informed that the J. TAYLOR, TIGUE, TRAVAGLIO, TURZAI, VITALI, Senate has concurred in the amendments made by the House of WASHINGTON, WATSON, WILT, WOJNAROSKI, G. WRIGHT, YOUNGBLOOD, ZIMMERMAN, Representatives to the Senate amendments to HB 1289, PN 3678. R. STEVENSON, PETRARCA, BASTIAN, FEESE, BROWNE, FREEMAN, CLYMER, SAINATO, GEIST, CLARK and ALLEN SENATE MESSAGE A Resolution memorializing the Governor to support maintenance of the current eligibility rules for medical assistance for children with AMENDED HOUSE BILL RETURNED disabilities including the disregard of parental income. FOR CONCURRENCE AND REFERRED TO COMMITTEE ON RULES Referred to Committee on RULES, April 17, 2002. The clerk of the Senate, being introduced, returned HB 2087, No. 539 By Representatives G. WRIGHT, THOMAS, PN 3684, with information that the Senate has passed the same BELFANTI, COLAFELLA, COY, CURRY, J. EVANS, with amendment in which the concurrence of the House of FREEMAN, HARHAI, HORSEY, KELLER, McGEEHAN, Representatives is requested. MELIO, PISTELLA, RUBLEY, STABACK, TANGRETTI, TIGUE, WANSACZ, WOJNAROSKI, YUDICHAK, SEMMEL, 686 LEGISLATIVE JOURNAL—HOUSE APRIL 17

SENATE MESSAGE BILL TABLED

HOUSE AMENDMENTS The SPEAKER. The Chair recognizes the majority leader. CONCURRED IN BY SENATE Mr. PERZEL. Mr. Speaker, I now move that HB 8 be placed back upon the table. The clerk of the Senate, being introduced, informed that the Senate has concurred in the amendments made by the House of On the question, Representatives to SB 705, PN 1860. Will the House agree to the motion? Motion was agreed to.

BILLS SIGNED BY SPEAKER GUESTS INTRODUCED Bills numbered and entitled as follows having been prepared for presentation to the Governor, and the same being correct, the titles The SPEAKER. The Chair is pleased to welcome to the hall of were publicly read as follows: the House today, as the guests of Merle Phillips, John Moore and his aunt, Beth Tessier, and his uncle, Ray Tessier. They are from HB 1289, PN 3678 Tampa, Florida. They are up visiting, apparently with Mr. Phillips. Would the guests please rise. An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for approval of unfunded debt in certain distressed school districts, for educational assessment centers and for notification of pesticide treatments at schools. REPORT OF COMMITTEE ON COMMITTEES

HB 2048, PN 2698 The SPEAKER. Supplemental report of the Committee on Committees, which the clerk will now read. An Act amending the act of June 25, 1999 (P.L.205, No.27), entitled, as amended, “An act authorizing the Department of General Services, with the approval of the Governor, to convey to East Allen Township, The following report was read: Northampton County, certain land situate in East Allen Township, Northampton County, and to convey to the trustees of the University of April 17, 2002 Pittsburgh certain land situate in the City of Pittsburgh, Allegheny County; authorizing and directing the State Armory Board of the SUPPLEMENTAL REPORT OF Department of Military and Veterans Affairs and the Department of COMMITTEE ON COMMITTEES General Services, with the approval of the Governor, to convey to the Historical and Genealogical Society of Indiana County a tract of land situate in the Borough of Indiana, County of Indiana, Pennsylvania; APPROPRIATIONS authorizing and directing the Department of General Services, with the Representative John Maher is appointed to fill the vacancy on the approval of the Governor and Department of Transportation, to sell and House Standing Committee on Appropriations created by the resignation convey to the Borough of Hollidaysburg certain land situate in the of Representative John Taylor. Borough of Hollidaysburg, Blair County, Pennsylvania; authorizing the Department of General Services, with the approval of the Governor, to Respectfully submitted, convey a tract of land in the Borough of Selinsgrove, Snyder County, to George C. Hasay, Chairman the Eastern Snyder County Regional Authority in exchange for another Committee on Committees tract of land in the Borough of Selinsgrove, Snyder County; and authorizing and directing the Department of General Services, with the approval of the Governor, to grant and convey to Snyder County certain On the question, lands situate in Penn Township,” further providing for reversion of Will the House adopt the resolution? property. Resolution was adopted.

Whereupon, the Speaker, in the presence of the House, signed the same. COMMUNICATION FROM PENNSYLVANIA COMMISSION ON BILL REMOVED FROM TABLE CRIME AND DELINQUENCY

The SPEAKER. The Chair recognizes the majority leader. The SPEAKER. The Chair acknowledges receipt of the Mr. PERZEL. Mr. Speaker, I move that HB 8 be taken from the sixth annual report of the Constables’ Education and Training table. Board of the Pennsylvania Commission on Crime and Delinquency. On the question, Will the House agree to the motion? (Copy of communication is on file with the Journal clerk.) Motion was agreed to. LEAVES OF ABSENCE

The SPEAKER. The Chair turns to leaves of absence. 2002 LEGISLATIVE JOURNAL—HOUSE 687

The Republican whip requests no leaves. The gentleman, Mr. Veon, requests a leave for the gentleman, Levdansky Myers Yudichak Zimmerman Mr. YUDICHAK, for today’s session. Without objection, the leave will be granted. The Chair hears no objection. LEAVES ADDED–4

Harper Kirkland Roberts Washington MASTER ROLL CALL

The SPEAKER. The Chair is about to take today’s master roll CALENDAR call. Members will proceed to vote. Members, report to the floor for the master roll call. RESOLUTIONS PURSUANT TO RULE 35 The following roll call was recorded: Mrs. HARHART called up HR 531, PN 3685, entitled:

PRESENT–197 A Resolution designating May 18 and 19, 2002, as “Military Appreciation Weekend” in Pennsylvania. Adolph Egolf Maher Saylor Allen Evans, D. Maitland Schroder Argall Evans, J. Major Schuler On the question, Armstrong Fairchild Manderino Scrimenti Will the House adopt the resolution? Baker, J. Feese Mann Semmel Baker, M. Fichter Markosek Shaner The following roll call was recorded: Bard Fleagle Marsico Smith, B. Barrar Flick Mayernik Smith, S. H. Bastian Forcier McCall Solobay YEAS–197 Bebko-Jones Frankel McGeehan Staback Belardi Freeman McGill Stairs Adolph Egolf Maher Saylor Belfanti Gabig McIlhattan Steelman Allen Evans, D. Maitland Schroder Benninghoff Gannon McIlhinney Steil Argall Evans, J. Major Schuler Birmelin Geist McNaughton Stern Armstrong Fairchild Manderino Scrimenti Bishop George Melio Stetler Baker, J. Feese Mann Semmel Blaum Godshall Metcalfe Stevenson, R. Baker, M. Fichter Markosek Shaner Boyes Gordner Michlovic Stevenson, T. Bard Fleagle Marsico Smith, B. Brooks Grucela Micozzie Strittmatter Barrar Flick Mayernik Smith, S. H. Browne Gruitza Miller, R. Sturla Bastian Forcier McCall Solobay Bunt Habay Miller, S. Surra Bebko-Jones Frankel McGeehan Staback Butkovitz Haluska Mundy Tangretti Belardi Freeman McGill Stairs Buxton Hanna Nailor Taylor, E. Z. Belfanti Gabig McIlhattan Steelman Caltagirone Harhai Nickol Taylor, J. Benninghoff Gannon McIlhinney Steil Cappelli Harhart O’Brien Thomas Birmelin Geist McNaughton Stern Casorio Harper Oliver Tigue Bishop George Melio Stetler Cawley Hasay Pallone Travaglio Blaum Godshall Metcalfe Stevenson, R. Civera Hennessey Perzel Trello Boyes Gordner Michlovic Stevenson, T. Clark Herman Petrarca Trich Brooks Grucela Micozzie Strittmatter Clymer Hershey Petrone Tulli Browne Gruitza Miller, R. Sturla Cohen, L. I. Hess Phillips Turzai Bunt Habay Miller, S. Surra Cohen, M. Horsey Pickett Vance Butkovitz Haluska Mundy Tangretti Colafella Hutchinson Pippy Veon Buxton Hanna Nailor Taylor, E. Z. Coleman Jadlowiec Pistella Vitali Caltagirone Harhai Nickol Taylor, J. Cornell James Preston Walko Cappelli Harhart O’Brien Thomas Corrigan Josephs Raymond Wansacz Casorio Harper Oliver Tigue Costa Kaiser Readshaw Washington Cawley Hasay Pallone Travaglio Coy Keller Reinard Waters Civera Hennessey Perzel Trello Creighton Kenney Rieger Watson Clark Herman Petrarca Trich Cruz Kirkland Roberts Williams, J. Clymer Hershey Petrone Tulli Curry Krebs Robinson Wilt Cohen, L. I. Hess Phillips Turzai Dailey LaGrotta Roebuck Wojnaroski Cohen, M. Horsey Pickett Vance Daley Laughlin Rohrer Wright, G. Colafella Hutchinson Pippy Veon Dally Lawless Rooney Wright, M. Coleman Jadlowiec Pistella Vitali DeLuca Lederer Ross Yewcic Cornell James Preston Walko Dermody Leh Rubley Youngblood Corrigan Josephs Raymond Wansacz DeWeese Lescovitz Ruffing Zug Costa Kaiser Readshaw Washington DiGirolamo Lewis Sainato Coy Keller Reinard Waters Diven Lucyk Samuelson Creighton Kenney Rieger Watson Donatucci Lynch Santoni Ryan, Cruz Kirkland Roberts Williams, J. Eachus Mackereth Sather Speaker Curry Krebs Robinson Wilt Dailey LaGrotta Roebuck Wojnaroski ADDITIONS–0 Daley Laughlin Rohrer Wright, G. Dally Lawless Rooney Wright, M. NOT VOTING–0 DeLuca Lederer Ross Yewcic Dermody Leh Rubley Youngblood EXCUSED–4 DeWeese Lescovitz Ruffing Zug 688 LEGISLATIVE JOURNAL—HOUSE APRIL 17

DiGirolamo Lewis Sainato Cruz Kirkland Roberts Williams, J. Diven Lucyk Samuelson Curry Krebs Robinson Wilt Donatucci Lynch Santoni Ryan, Dailey LaGrotta Roebuck Wojnaroski Eachus Mackereth Sather Speaker Daley Laughlin Rohrer Wright, G. Dally Lawless Rooney Wright, M. NAYS–0 DeLuca Lederer Ross Yewcic Dermody Leh Rubley Youngblood DeWeese Lescovitz Ruffing Zug NOT VOTING–0 DiGirolamo Lewis Sainato Diven Lucyk Samuelson EXCUSED–4 Donatucci Lynch Santoni Ryan, Eachus Mackereth Sather Speaker Levdansky Myers Yudichak Zimmerman NAYS–0

The majority having voted in the affirmative, the question was NOT VOTING–0 determined in the affirmative and the resolution was adopted. EXCUSED–4 * * * Levdansky Myers Yudichak Zimmerman

Mr. PETRONE called up HR 533, PN 3686, entitled:

A Resolution honoring Carol Spizzirri on her accomplishments The majority having voted in the affirmative, the question was with the Save A Life Foundation and supporting the expansion of the determined in the affirmative and the resolution was adopted. Save A Life Foundation in Pennsylvania. SUPPLEMENTAL CALENDAR A On the question,

Will the House adopt the resolution? RESOLUTIONS PURSUANT TO RULE 35 The following roll call was recorded: Mr. SURRA called up HR 535, PN 3705, entitled:

YEAS–197 A Resolution designating May 1, 2002, as “School Bus Drivers Day” in Pennsylvania. Adolph Egolf Maher Saylor Allen Evans, D. Maitland Schroder Argall Evans, J. Major Schuler On the question, Armstrong Fairchild Manderino Scrimenti Will the House adopt the resolution? Baker, J. Feese Mann Semmel Baker, M. Fichter Markosek Shaner Bard Fleagle Marsico Smith, B. The following roll call was recorded: Barrar Flick Mayernik Smith, S. H. Bastian Forcier McCall Solobay YEAS–197 Bebko-Jones Frankel McGeehan Staback Belardi Freeman McGill Stairs Adolph Egolf Maher Saylor Belfanti Gabig McIlhattan Steelman Allen Evans, D. Maitland Schroder Benninghoff Gannon McIlhinney Steil Argall Evans, J. Major Schuler Birmelin Geist McNaughton Stern Armstrong Fairchild Manderino Scrimenti Bishop George Melio Stetler Baker, J. Feese Mann Semmel Blaum Godshall Metcalfe Stevenson, R. Baker, M. Fichter Markosek Shaner Boyes Gordner Michlovic Stevenson, T. Bard Fleagle Marsico Smith, B. Brooks Grucela Micozzie Strittmatter Barrar Flick Mayernik Smith, S. H. Browne Gruitza Miller, R. Sturla Bastian Forcier McCall Solobay Bunt Habay Miller, S. Surra Bebko-Jones Frankel McGeehan Staback Butkovitz Haluska Mundy Tangretti Belardi Freeman McGill Stairs Buxton Hanna Nailor Taylor, E. Z. Belfanti Gabig McIlhattan Steelman Caltagirone Harhai Nickol Taylor, J. Benninghoff Gannon McIlhinney Steil Cappelli Harhart O’Brien Thomas Birmelin Geist McNaughton Stern Casorio Harper Oliver Tigue Bishop George Melio Stetler Cawley Hasay Pallone Travaglio Blaum Godshall Metcalfe Stevenson, R. Civera Hennessey Perzel Trello Boyes Gordner Michlovic Stevenson, T. Clark Herman Petrarca Trich Brooks Grucela Micozzie Strittmatter Clymer Hershey Petrone Tulli Browne Gruitza Miller, R. Sturla Cohen, L. I. Hess Phillips Turzai Bunt Habay Miller, S. Surra Cohen, M. Horsey Pickett Vance Butkovitz Haluska Mundy Tangretti Colafella Hutchinson Pippy Veon Buxton Hanna Nailor Taylor, E. Z. Coleman Jadlowiec Pistella Vitali Caltagirone Harhai Nickol Taylor, J. Cornell James Preston Walko Cappelli Harhart O’Brien Thomas Corrigan Josephs Raymond Wansacz Casorio Harper Oliver Tigue Costa Kaiser Readshaw Washington Cawley Hasay Pallone Travaglio Coy Keller Reinard Waters Civera Hennessey Perzel Trello Creighton Kenney Rieger Watson Clark Herman Petrarca Trich 2002 LEGISLATIVE JOURNAL—HOUSE 689

Clymer Hershey Petrone Tulli Buxton Hanna Nailor Taylor, E. Z. Cohen, L. I. Hess Phillips Turzai Caltagirone Harhai Nickol Taylor, J. Cohen, M. Horsey Pickett Vance Cappelli Harhart O’Brien Thomas Colafella Hutchinson Pippy Veon Casorio Harper Oliver Tigue Coleman Jadlowiec Pistella Vitali Cawley Hasay Pallone Travaglio Cornell James Preston Walko Civera Hennessey Perzel Trello Corrigan Josephs Raymond Wansacz Clark Herman Petrarca Trich Costa Kaiser Readshaw Washington Clymer Hershey Petrone Tulli Coy Keller Reinard Waters Cohen, L. I. Hess Phillips Turzai Creighton Kenney Rieger Watson Cohen, M. Horsey Pickett Vance Cruz Kirkland Roberts Williams, J. Colafella Hutchinson Pippy Veon Curry Krebs Robinson Wilt Coleman Jadlowiec Pistella Vitali Dailey LaGrotta Roebuck Wojnaroski Cornell James Preston Walko Daley Laughlin Rohrer Wright, G. Corrigan Josephs Raymond Wansacz Dally Lawless Rooney Wright, M. Costa Kaiser Readshaw Washington DeLuca Lederer Ross Yewcic Coy Keller Reinard Waters Dermody Leh Rubley Youngblood Creighton Kenney Rieger Watson DeWeese Lescovitz Ruffing Zug Cruz Kirkland Roberts Williams, J. DiGirolamo Lewis Sainato Curry Krebs Robinson Wilt Diven Lucyk Samuelson Dailey LaGrotta Roebuck Wojnaroski Donatucci Lynch Santoni Ryan, Daley Laughlin Rohrer Wright, G. Eachus Mackereth Sather Speaker Dally Lawless Rooney Wright, M. DeLuca Lederer Ross Yewcic NAYS–0 Dermody Leh Rubley Youngblood DeWeese Lescovitz Ruffing Zug DiGirolamo Lewis Sainato NOT VOTING–0 Diven Lucyk Samuelson Donatucci Lynch Santoni Ryan, EXCUSED–4 Eachus Mackereth Sather Speaker

Levdansky Myers Yudichak Zimmerman NAYS–0

The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted. NOT VOTING–0

* * * EXCUSED–4 Mr. McCALL called up HR 536, PN 3706, entitled: Levdansky Myers Yudichak Zimmerman A Resolution proclaiming May 18, 2002, as “James Francis Thorpe Day” in Pennsylvania. The majority having voted in the affirmative, the question was On the question, determined in the affirmative and the resolution was adopted. Will the House adopt the resolution? The SPEAKER. The gentleman, Mr. Dally. The following roll call was recorded: THE SPEAKER PRO TEMPORE YEAS–197 (CRAIG A. DALLY) PRESIDING Adolph Egolf Maher Saylor Allen Evans, D. Maitland Schroder CALENDAR CONTINUED Argall Evans, J. Major Schuler Armstrong Fairchild Manderino Scrimenti Baker, J. Feese Mann Semmel BILL ON THIRD CONSIDERATION Baker, M. Fichter Markosek Shaner Bard Fleagle Marsico Smith, B. The House proceeded to third consideration of HB 2296, Barrar Flick Mayernik Smith, S. H. Bastian Forcier McCall Solobay PN 3317, entitled: Bebko-Jones Frankel McGeehan Staback Belardi Freeman McGill Stairs An Act designating a portion of the Mon/Fayette Expressway, Belfanti Gabig McIlhattan Steelman State Route 43, as the Yohogania County Courthouse Highway. Benninghoff Gannon McIlhinney Steil Birmelin Geist McNaughton Stern On the question, Bishop George Melio Stetler Blaum Godshall Metcalfe Stevenson, R. Will the House agree to the bill on third consideration? Boyes Gordner Michlovic Stevenson, T. Brooks Grucela Micozzie Strittmatter Mr. MICHLOVIC offered the following amendment No. Browne Gruitza Miller, R. Sturla A1330: Bunt Habay Miller, S. Surra Butkovitz Haluska Mundy Tangretti 690 LEGISLATIVE JOURNAL—HOUSE APRIL 17

Amend Title, page 1, line 2, by removing the period after the Medal of Honor Highway, to name that small section of about “Highway” and inserting a mile or 2 miles the “Yohogania Courthouse Highway,” and the ; and designating the Mon/Fayette Expressway interchange connecting to historical society in that portion of Allegheny County has asked Commonwealth Avenue and State Route 837 in the City of Duquesne as that this name be preserved on the road, because Yohogania was the First Sergeant Leonard Funk, Jr., Interchange. the name that this area and region were called when it was a part Amend Sec. 1, page 1, line 5, by striking out all of said line and inserting of the State of Virginia. Mr. Speaker, the legislation does that. Section 1. Yohogania County Courthouse Highway. The amendment that I am about to offer is an important one, (a) Designation.–The Mon/Fayette Expressway, State Route 43, and it is in keeping with the amendments that we approved when Amend Sec. 2, page 1, line 9, by striking out “Section 2.” and we passed legislation naming the highway “Barry Stout” and the inserting upper end of the highway the “Medal of Honor Highway.” If you (b) Signs.– recall, we named the interchanges after Medal of Honor recipients, Amend Bill, page 1, lines 11 and 12, by striking out all of said lines and we decided in this legislation to continue that process and and inserting name the interchanges in Allegheny County on the Medal of Section 2. First Sergeant Leonard Funk, Jr. Interchange. Honor Highway after Medal of Honor recipients in keeping with (a) Findings.– that tradition. (1) First Sergeant Leonard Funk, born in Braddock Hills, Mr. Speaker, those recipients are very few in number. There distinguished himself by gallant, intrepid actions against the enemy at Holzheim, Belgium, on January 29, 1945. were only 3,427 Medals of Honor awarded in our nation’s history. (2) After advancing 15 miles in a driving snowstorm, the Of that number, I am pleased to say 13 of those recipients were American force prepared to attack through waist-deep drifts. The born or lived in the Mon Valley. There are a whole other group company executive officer became a casualty, and Sergeant Funk that also were native to the city of Pittsburgh, and by naming this immediately assumed his duties, forming headquarters soldiers into highway the “Medal of Honor Highway,” we have really a combat unit for an assault in the face of direct artillery shelling emblazoned in history their honor and what they did for this and harassing fire from the right flank. nation. (3) Under his skillful and courageous leadership, this The interchange that I am going to offer an amendment miscellaneous group and the Third Platoon attacked 15 houses, to name is an interchange between Commonwealth Avenue and cleared them and took 30 prisoners without suffering a casualty. State Route 837 in the city of Duquesne near the town of Braddock (4) Sergeant Funk’s bold action and heroic disregard for his own safety were directly responsible for the recapture of a where 1st Sgt. Leonard Funk lived, and his military citation reads, vastly superior enemy force, which, if allowed to remain free, could and I would hope that the members of the House listen with some have taken the widespread units of Company C by surprise and attention to this citation. It is a citation for somebody who really endangered the entire attack plan. risked all so that we could live in freedom. (5) For his heroic efforts Sergeant Funk received the “Findings.– Medal of Honor from President Harry Truman at the White House. “…First Sergeant Leonard Funk, born in Braddock Hills, (b) Designation.–The Mon/Fayette Expressway interchange distinguished himself by gallant, intrepid actions against the connecting to Commonwealth Avenue and State Route 837 in the enemy at Holzheim, Belgium, on January 29, 1945. City of Duquesne is hereby designated and shall hereafter be known as “…After advancing 15 miles in a driving snowstorm, the the First Sergeant Leonard Funk, Jr., Interchange in recognition of the American force prepared to attack through waist-deep drifts. The Medal of Honor recipient. (c) Signs.–The Pennsylvania Turnpike Commission shall erect company executive officer became a casualty, and Sergeant Funk appropriate signs at the interchange displaying the designation under immediately assumed his duties, forming headquarters soldiers subsection (b). into a combat unit for an assault in the face of direct artillery Section 3. Effective date. shelling and harassing fire from the right flank. This act shall take effect immediately. “…Under his skillful and courageous leadership, this miscellaneous group and the Third Platoon attacked 15 houses, On the question, cleared them and took 30 prisoners without suffering a casualty. Will the House agree to the amendment? “…Sergeant Funk’s bold action and heroic—” Mr. Speaker, may we have some order? The SPEAKER pro tempore. On that question, the Chair The SPEAKER pro tempore. The House will please come to recognizes Mr. Michlovic. order. Members, please take your seats. Mr. MICHLOVIC. Thank you, Mr. Speaker. Representative Michlovic. Mr. Speaker, this legislation— Mr. MICHLOVIC. Thank you, Mr. Speaker. The SPEAKER pro tempore. Will the gentleman yield for a “…Sergeant Funk’s bold action and heroic disregard for his second? own safety were directly responsible for the recapture of a vastly The House will come to order, please. superior enemy force, which, if allowed to remain free, could have Now the Chair recognizes Mr. Michlovic. taken the widespread units of Company C by surprise and Mr. MICHLOVIC. Thank you, Mr. Speaker. endangered the entire attack plan. This legislation was offered by my colleague, Dave Levdansky, “…For his heroic efforts Sergeant Funk received the Medal of who had to take leave for purposes of a funeral this morning. He Honor from President Harry Truman at the White House.” asked me to briefly describe or to put on the record that the Mr. Speaker, I knew Leonard Funk before he passed away 4 or purpose of the legislation is to name a short section of what was 5 years ago, and I want to tell you, he was one of the most heretofore known as the Mon/Fayette Expressway, that section unassuming gentlemen that you would ever have the honor to between the Washington County line, below which is now called meet, and the people in his own neighborhood did not even know the Barry Stout Highway, and Route 51, beyond which is called that this was the 82d Airborne’s most distinguished soldier. He is 2002 LEGISLATIVE JOURNAL—HOUSE 691 the most honored soldier in the history of the 82d Airborne NAYS–0 Division. His neighbors did not even know that. That is why we are naming this interchange after him, so forever people will pass NOT VOTING–0 that highway, see that name on that intersection, and know that Leonard Funk is truly one of this nation’s greatest heroes. EXCUSED–4 I ask for support of the amendment. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair recognizes Levdansky Myers Yudichak Zimmerman Representative Walko on the amendment. Mr. WALKO. Thank you. I have another amend— Oh, I am sorry, Mr. Speaker. The majority having voted in the affirmative, the question was I am sorry, Mr. Speaker. I have another amendment. determined in the affirmative and the amendment was agreed to.

On the question recurring, On the question, Will the House agree to the amendment? Will the House agree to the bill on third consideration as amended? The following roll call was recorded: Mr. MARKOSEK offered the following amendment No. YEAS–197 A1322:

Adolph Egolf Maher Saylor Amend Title, page 1, line 2, by removing the period after Allen Evans, D. Maitland Schroder “Highway” and inserting Argall Evans, J. Major Schuler ; and designating the interchange with Business Armstrong Fairchild Manderino Scrimenti Route 22 in Wilkins Township, Allegheny County, Baker, J. Feese Mann Semmel as the Staff Sergeant John Minick Interchange. Baker, M. Fichter Markosek Shaner Amend Sec. 1, page 1, line 5, by striking out all of said line and Bard Fleagle Marsico Smith, B. Barrar Flick Mayernik Smith, S. H. inserting Bastian Forcier McCall Solobay Section 1. Yohogania County Courthouse Highway. Bebko-Jones Frankel McGeehan Staback (a) Designation.–The Mon/Fayette Expressway, State Route 43, Belardi Freeman McGill Stairs Amend Sec. 2, page 1, line 9, by striking out “Section 2.” and Belfanti Gabig McIlhattan Steelman inserting Benninghoff Gannon McIlhinney Steil (b) Signs.– Birmelin Geist McNaughton Stern Amend Bill, page 1, lines 11 and 12, by striking out all of said lines Bishop George Melio Stetler and inserting Blaum Godshall Metcalfe Stevenson, R. Boyes Gordner Michlovic Stevenson, T. Section 2. Staff Sergeant John Minick Interchange. Brooks Grucela Micozzie Strittmatter (a) Findings.– Browne Gruitza Miller, R. Sturla (1) Staff Sergeant John Minick displayed conspicuous Bunt Habay Miller, S. Surra gallantry and intrepidity at the risk of his own life above and Butkovitz Haluska Mundy Tangretti beyond the call of duty, in action involving combat with the enemy Buxton Hanna Nailor Taylor, E. Z. on November 21, 1944. Caltagirone Harhai Nickol Taylor, J. (2) Staff Sergeant Minick’s battalion was halted in its Cappelli Harhart O’Brien Thomas advance by extensive minefields, exposing troops to heavy Casorio Harper Oliver Tigue Cawley Hasay Pallone Travaglio concentrations of enemy artillery and mortar fire. Further delay in Civera Hennessey Perzel Trello the advance would result in numerous casualties and a movement Clark Herman Petrarca Trich through the minefield was essential. Clymer Hershey Petrone Tulli (3) Voluntarily, Staff Sergeant Minick led four men Cohen, L. I. Hess Phillips Turzai through hazardous barbed wire and debris, finally making his way Cohen, M. Horsey Pickett Vance through the minefield. When an enemy machine gun opened fire, Colafella Hutchinson Pippy Veon he signaled his men to take cover and he edged his way toward the Coleman Jadlowiec Pistella Vitali flank of the weapon and opened fire, killing two, and capturing Cornell James Preston Walko three others. Corrigan Josephs Raymond Wansacz Costa Kaiser Readshaw Washington (4) Moving forward again, he encountered and engaged Coy Keller Reinard Waters single-handedly an entire company, killing 20 Germans and Creighton Kenney Rieger Watson capturing 20. Cruz Kirkland Roberts Williams, J. (5) Again moving ahead and spearheading his battalion’s Curry Krebs Robinson Wilt advance, he again encountered machine gun fire. Crawling forward Dailey LaGrotta Roebuck Wojnaroski he reached a point from which he knocked the weapon out of Daley Laughlin Rohrer Wright, G. action. Dally Lawless Rooney Wright, M. (6) While advancing forward a third time under constant DeLuca Lederer Ross Yewcic Dermody Leh Rubley Youngblood enemy fire, Staff Sergeant Minick detonated a land mine and was DeWeese Lescovitz Ruffing Zug instantly killed. DiGirolamo Lewis Sainato (7) Staff Sergeant John Minick was posthumously awarded Diven Lucyk Samuelson the last Medal of Honor for World War II. Donatucci Lynch Santoni Ryan, (b) Designation authorized.–The interchange with Business Eachus Mackereth Sather Speaker Route 22 in Wilkins Township, Allegheny County, is hereby designated and shall hereafter be known as the Staff Sergeant John Minick 692 LEGISLATIVE JOURNAL—HOUSE APRIL 17

Interchange in recognition of the Medal of Honor recipient. Boyes Gordner Michlovic Stevenson, T. (c) Signs.–The Pennsylvania Turnpike Commission shall erect Brooks Grucela Micozzie Strittmatter appropriate signs at the interchange displaying the designation under Browne Gruitza Miller, R. Sturla subsection (b). Bunt Habay Miller, S. Surra Butkovitz Haluska Mundy Tangretti Section 3. Effective date. Buxton Hanna Nailor Taylor, E. Z. This act shall take effect immediately. Caltagirone Harhai Nickol Taylor, J. Cappelli Harhart O’Brien Thomas On the question, Casorio Harper Oliver Tigue Will the House agree to the amendment? Cawley Hasay Pallone Travaglio Civera Hennessey Perzel Trello Clark Herman Petrarca Trich The SPEAKER pro tempore. On that question, the Chair Clymer Hershey Petrone Tulli recognizes Mr. Markosek. Cohen, L. I. Hess Phillips Turzai Mr. MARKOSEK. Thank you, Mr. Speaker. Cohen, M. Horsey Pickett Vance Mr. Speaker, I rise to offer this amendment which would name Colafella Hutchinson Pippy Veon Coleman Jadlowiec Pistella Vitali the interchange connecting the so-called Mon Valley Expressway, Cornell James Preston Walko the Medal of Honor Highway, with the Business Route 22, Corrigan Josephs Raymond Wansacz Wilkins Township area, of Allegheny County the “Sergeant John Costa Kaiser Readshaw Washington Minick Interchange.” Coy Keller Reinard Waters Creighton Kenney Rieger Watson Sergeant Minick, of Wall, Pennsylvania, which is now soon to Cruz Kirkland Roberts Williams, J. be in my legislative district, displayed gallantry and risked his own Curry Krebs Robinson Wilt life when his battalion came under heavy artillery and mortar fire Dailey LaGrotta Roebuck Wojnaroski near Hurtgen, Germany, on November 21, 1944. Sergeant Minick Daley Laughlin Rohrer Wright, G. Dally Lawless Rooney Wright, M. led four troop members through a barbed wire and debris-filled DeLuca Lederer Ross Yewcic minefield when an enemy machine gun opened fire. Dermody Leh Rubley Youngblood Sergeant Minick signaled his men to take cover. He moved DeWeese Lescovitz Ruffing Zug forward, killing two members of the guncrew and capturing three DiGirolamo Lewis Sainato others. He then encountered and engaged an entire company of Diven Lucyk Samuelson Donatucci Lynch Santoni Ryan, German soldiers, capturing 20 of them and killing 20 other ones. Eachus Mackereth Sather Speaker The bravery Sergeant Minick displayed on that day in November is a demonstration of selflessness and patriotism. It is NAYS–0 only fitting that we should recognize such a brave man and a Medal of Honor winner by naming the interchange on the NOT VOTING–0 Medal of Honor Highway located in Monroeville the “Sergeant Minick Interchange.” EXCUSED–4 I will also mention that Sergeant Minick was offered and awarded the Congressional Medal of Honor, and he was as such Levdansky Myers Yudichak Zimmerman the last United States military personnel to be awarded the Medal of Honor for World War II. I would request the members to support the amendment. The majority having voted in the affirmative, the question was Thank you, Mr. Speaker. determined in the affirmative and the amendment was agreed to. The SPEAKER pro tempore. The Chair thanks the gentleman. On the question recurring, On the question recurring, Will the House agree to the bill on third consideration as Will the House agree to the amendment? amended?

The following roll call was recorded: Mr. COSTA offered the following amendment No. A1323:

YEAS–197 Amend Title, page 1, line 2, by removing the period after “Highway” and inserting Adolph Egolf Maher Saylor ; and designating the Mon/Fayette Expressway interchange with Allen Evans, D. Maitland Schroder East Pittsburgh-McKeesport Boulevard in North Versailles as the Argall Evans, J. Major Schuler Captain Michael John Estocin Interchange. Armstrong Fairchild Manderino Scrimenti Amend Sec. 1, page 1, line 5, by striking out all of said line and Baker, J. Feese Mann Semmel inserting Baker, M. Fichter Markosek Shaner Section 1. Yohogania County Courthouse Highway. Bard Fleagle Marsico Smith, B. Barrar Flick Mayernik Smith, S. H. (a) Designation.–The Mon/Fayette Expressway, State Route 43, Bastian Forcier McCall Solobay Bebko-Jones Frankel McGeehan Staback Amend Bill, page 1, line 9, by striking out all of said line and Belardi Freeman McGill Stairs inserting Belfanti Gabig McIlhattan Steelman (b) Signs.–Appropriate signs shall be posted and maintained Benninghoff Gannon McIlhinney Steil Amend Bill, page 1, lines 11 and 12, by striking out all of said lines Birmelin Geist McNaughton Stern and inserting Bishop George Melio Stetler Section 2. Captain Michael John Estocin Interchange. Blaum Godshall Metcalfe Stevenson, R. 2002 LEGISLATIVE JOURNAL—HOUSE 693

(a) Findings.– Capt. Michael John Estocin is the only Navy jet pilot to receive (1) Born April 27, 1931 in Turtle Creek, Captain Estocin the Medal of Honor for a combat role. While the Medal of Honor graduated from the State Teachers College, Slippery Rock, and was not normally given for a combination of missions, an entered the naval service as an aviation cadet in June 1954. exception was made for this very intense 2-day strike mission, and (2) Captain Estocin, leading a three-plane group of aircraft according to those who flew with Estocin, the honor was well in support of a coordinated strike against two thermal power plants in Haiphong, North Vietnam on April 20, 1967, provided deserved. continuous warnings to the strike group leaders of the surface-to-air Mr. Speaker, as a personal friend of the Estocin family, it gives threats, and personally neutralized three SAM sites. me great pleasure and honor to offer this amendment, and I ask (3) On April 26, 1967, in the support of a coordinated that all members support this amendment. Thank you. strike against the vital fuel facilities in Haiphong, he led an attack The SPEAKER pro tempore. The Chair thanks the gentleman. on a threatening SAM site, during which an exploding SAM seriously damaged his aircraft. Nevertheless, he regained control of On the question recurring, his burning aircraft and courageously launched his STRIKE Will the House agree to the amendment? missiles before departing the area. (4) Captain Michael John Estocin is the only Navy jet pilot The following roll call was recorded: to receive the Medal of Honor for a combat role. While the

Medal of Honor was not normally given for a combination of missions, an exception was made for this very intense two-day YEAS–197 STRIKE mission and, according to those who flew with Estocin, Adolph Egolf Maher Saylor the honor was well-deserved. Allen Evans, D. Maitland Schroder (b) Designation authorized.–The Mon/Fayette Expressway Argall Evans, J. Major Schuler interchange with East Pittsburgh-McKeesport Boulevard in Armstrong Fairchild Manderino Scrimenti North Versailles, is hereby designated and shall hereafter be known Baker, J. Feese Mann Semmel as the Captain Michael John Estocin Interchange in recognition of the Baker, M. Fichter Markosek Shaner Medal of Honor recipient. Bard Fleagle Marsico Smith, B. (c) Signs.–The Pennsylvania Turnpike Commission shall erect Barrar Flick Mayernik Smith, S. H. appropriate signs at the interchange displaying the designation under Bastian Forcier McCall Solobay Bebko-Jones Frankel McGeehan Staback subsection (b). Belardi Freeman McGill Stairs Section 3. Effective date. Belfanti Gabig McIlhattan Steelman This act shall take effect immediately. Benninghoff Gannon McIlhinney Steil Birmelin Geist McNaughton Stern On the question, Bishop George Melio Stetler Will the House agree to the amendment? Blaum Godshall Metcalfe Stevenson, R. Boyes Gordner Michlovic Stevenson, T. Brooks Grucela Micozzie Strittmatter The SPEAKER pro tempore. The Chair recognizes Browne Gruitza Miller, R. Sturla Representative Costa. Bunt Habay Miller, S. Surra Mr. COSTA. Thank you, Mr. Speaker. Butkovitz Haluska Mundy Tangretti Buxton Hanna Nailor Taylor, E. Z. Mr. Speaker, I am asking with this amendment that the Caltagirone Harhai Nickol Taylor, J. Mon/Fayette Expressway interchange with East Pittsburgh- Cappelli Harhart O’Brien Thomas McKeesport Boulevard in North Versailles be hereby designated Casorio Harper Oliver Tigue and shall hereafter be known as the “Captain Michael John Estocin Cawley Hasay Pallone Travaglio Civera Hennessey Perzel Trello Interchange” in recognition of the Medal of Honor recipient. Clark Herman Petrarca Trich The SPEAKER pro tempore. Representative Costa, would you Clymer Hershey Petrone Tulli please yield, please? Cohen, L. I. Hess Phillips Turzai Mr. COSTA. Sure. Cohen, M. Horsey Pickett Vance The SPEAKER pro tempore. Will the House please come to Colafella Hutchinson Pippy Veon Coleman Jadlowiec Pistella Vitali order? Please show some respect to Representative Costa. Cornell James Preston Walko Mr. COSTA. Thank you, Mr. Speaker. Corrigan Josephs Raymond Wansacz Capt. Michael John Estocin, born on April 27, 1931, in Costa Kaiser Readshaw Washington Turtle Creek, graduated from the State Teachers College, Coy Keller Reinard Waters Creighton Kenney Rieger Watson Slippery Rock, and entered the naval service as an aviation cadet Cruz Kirkland Roberts Williams, J. in June of 1954. Curry Krebs Robinson Wilt Captain Estocin, leading a three-plane group of aircraft in Dailey LaGrotta Roebuck Wojnaroski support of a coordinated strike against two thermal powerplants in Daley Laughlin Rohrer Wright, G. Dally Lawless Rooney Wright, M. Haiphong, North Vietnam, on April 20, 1967, provided continuous DeLuca Lederer Ross Yewcic warnings to the strike group leaders of the surface-to-air threats Dermody Leh Rubley Youngblood and personally neutralized three SAM (surface-to-air missile) sites. DeWeese Lescovitz Ruffing Zug On April 26, 1967, in support of the coordinated strike against DiGirolamo Lewis Sainato the vital fuel facilities in Haiphong, he led an attack on a Diven Lucyk Samuelson Donatucci Lynch Santoni Ryan, threatening SAM site, during which an exploding SAM seriously Eachus Mackereth Sather Speaker damaged his aircraft. Nevertheless, he regained control of his burning aircraft and courageously launched his strike missiles NAYS–0 before departing the area. 694 LEGISLATIVE JOURNAL—HOUSE APRIL 17

On the question, NOT VOTING–0 Will the House agree to the amendment?

EXCUSED–4 The SPEAKER pro tempore. Could we have some order, please. Levdansky Myers Yudichak Zimmerman On the amendment, the Chair recognizes Mr. Preston. Mr. PRESTON. Thank you very much, Mr. Speaker. I am deeply honored today to offer this amendment to provide a The majority having voted in the affirmative, the question was permanent tribute to one of Wilkinsburg’s fallen heroes, determined in the affirmative and the amendment was agreed to. Capt. James A. Graham, who served in the United States Marine Corps, Company F, 2d Battalion, 5th Marines, On the question recurring, 1st Marine Division. Will the House agree to the bill on third consideration as Captain Graham, who was born in Wilkinsburg in 1940, amended? displayed conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. Mr. PRESTON offered the following amendment No. A1324: On June 2, 1967, in the Republic of Vietnam, as leader of the 2d Platoon of Company F, Graham was leading his platoon across Amend Title, page 1, line 2, by removing the period after a paddy area 1,000 meters wide when it came under fire from “Highway” and inserting ; and designating an interchange of the mortars and small arms that immediately inflicted a large number Mon/Fayette Expressway with I-376 in of casualties. Forming an assault unit, Captain Graham assaulted Monroeville, Westmoreland County, as the one machine gun nest, relieving pressure on his platoon, allowing Captain James A. Graham Interchange. the wounded to be evacuated. Despite being twice wounded, Amend Sec. 1, page 1, line 5, by striking out all of said line and Captain Graham accounted for 15 enemy kills. inserting With the enemy position remaining invincible, Captain Graham Section 1. Yohogania County Courthouse Highway. chose to remain at the side of a wounded comrade rather than to (a) Designation.–The Mon/Fayette Expressway, State Route 43, withdraw. Captain Graham died while protecting himself and the Amend Sec. 2, page 1, line 9, by striking out “Section 2.” and wounded man he chose not to abandon. inserting Captain Graham’s outstanding courage, superb leadership, and (b) Signs.– indomitable fighting spirit undoubtedly saved the 2d Platoon from Amend Bill, page 1, lines 11 and 12, by striking out all of said lines and inserting annihilation and reflected the great credit placed upon himself, the Section 2. Captain James A. Graham Interchange. Marine Corps, and the United States Naval Service. (a) Findings.– Mr. Speaker, I ask for the support of this amendment that would (1) On June 2, 1967, in the Republic of Vietnam, designate the interchange with I-376 in Monroeville as the Captain James A. Graham, Wilkinsburg, displayed conspicuous “Captain James A. Graham Interchange” in recognition of the gallantry and intrepidity at the risk of his life above and beyond the Medal of Honor recipient. call of duty. I would entertain a motion for approval. (2) As the leader of 2nd Platoon of Company F, Captain Graham was leading his platoon across a paddy area On the question recurring, 1,000 meters wide, when it came under fire from mortars and Will the House agree to the amendment? small arms that immediately inflicted a large number of casualties. (3) Forming an assault unit, Captain Graham assaulted one machine gun nest, relieving pressure on his platoon, allowing the The following roll call was recorded: wounded to be evacuated. Despite being twice wounded, Captain Graham accounted for 15 enemy kills. YEAS–197 (4) With the enemy position remaining invincible, Captain Graham chose to remain at the side of a wounded comrade, Adolph Egolf Maher Saylor rather than withdraw. Captain Graham died while protecting Allen Evans, D. Maitland Schroder Argall Evans, J. Major Schuler himself and the wounded man he chose not to abandon. Armstrong Fairchild Manderino Scrimenti (5) Captain Graham’s outstanding courage, superb Baker, J. Feese Mann Semmel leadership and indomitable fighting spirit undoubtedly saved the Baker, M. Fichter Markosek Shaner 2nd Platoon from annihilation and reflected the great credit upon Bard Fleagle Marsico Smith, B. himself, the Marine Corps and the United States Naval Service. Barrar Flick Mayernik Smith, S. H. (b) Designation authorized.–The interchange with I-376 in Bastian Forcier McCall Solobay Monroeville is hereby designated and shall hereafter be known as Bebko-Jones Frankel McGeehan Staback the Captain James A. Graham Interchange in recognition of the Belardi Freeman McGill Stairs Belfanti Gabig McIlhattan Steelman Medal of Honor recipient. Benninghoff Gannon McIlhinney Steil Birmelin Geist McNaughton Stern Bishop George Melio Stetler (c) Signs.–The Pennsylvania Turnpike Commission shall erect Blaum Godshall Metcalfe Stevenson, R. appropriate signs at the interchange displaying the designation under Boyes Gordner Michlovic Stevenson, T. subsection (b). Brooks Grucela Micozzie Strittmatter Section 3. Effective date. Browne Gruitza Miller, R. Sturla This act shall take effect immediately. Bunt Habay Miller, S. Surra Butkovitz Haluska Mundy Tangretti

2002 LEGISLATIVE JOURNAL—HOUSE 695

Buxton Hanna Nailor Taylor, E. Z. came under an intense automatic weapons fire and grenade attack. Caltagirone Harhai Nickol Taylor, J. (2) Lance Corporal Prom immediately assumed control of Cappelli Harhart O’Brien Thomas one of his machine guns and began to deliver return fire Casorio Harper Oliver Tigue disregarding his own safety. Cawley Hasay Pallone Travaglio Civera Hennessey Perzel Trello (3) Realizing that the enemy would have to be destroyed Clark Herman Petrarca Trich before the injured marines could be evacuated, Lance Corporal Clymer Hershey Petrone Tulli Prom moved forward and delivered a heavy volume of fire Cohen, L. I. Hess Phillips Turzai permitting his men to regroup and resume their march. Cohen, M. Horsey Pickett Vance (4) Shortly thereafter, the platoon again came under heavy Colafella Hutchinson Pippy Veon fire in which one man was critically wounded. Reacting instantly, Coleman Jadlowiec Pistella Vitali Lance Corporal Prom moved forward to protect his injured Cornell James Preston Walko comrade. Corrigan Josephs Raymond Wansacz (5) Unable to continue his fire because of his severe Costa Kaiser Readshaw Washington Coy Keller Reinard Waters wounds, he continued to advance to within a few yards to the Creighton Kenney Rieger Watson enemy positions. There, standing in full view of the enemy, he Cruz Kirkland Roberts Williams, J. directed the fire of his support elements until he was mortally Curry Krebs Robinson Wilt wounded. Inspired by his heroic actions, the marines launched an Dailey LaGrotta Roebuck Wojnaroski assault that destroyed the enemy. Daley Laughlin Rohrer Wright, G. (6) Lance Corporal Prom’s indomitable courage, inspiring Dally Lawless Rooney Wright, M. initiative and selfless devotion to duty upheld the highest traditions DeLuca Lederer Ross Yewcic of the Marine Corps and the U.S. Naval Service. Dermody Leh Rubley Youngblood DeWeese Lescovitz Ruffing Zug (b) Designation authorized.–The half interchange, including only DiGirolamo Lewis Sainato westbound Mon/Fayette to I-376 and eastbound I-376 to Mon/Fayette, in Diven Lucyk Samuelson the City of Pittsburgh is hereby designated and shall hereafter be known Donatucci Lynch Santoni Ryan, as the Lance Corporal William R. Prom Interchange in recognition of the Eachus Mackereth Sather Speaker Medal of Honor recipient. (c) Signs.–The Pennsylvania Turnpike Commission shall erect NAYS–0 appropriate signs at the interchange displaying the designation under subsection (b). NOT VOTING–0 Section 3. Effective date. This act shall take effect immediately. EXCUSED–4 On the question, Levdansky Myers Yudichak Zimmerman Will the House agree to the amendment?

The SPEAKER pro tempore. On that question, the Chair The majority having voted in the affirmative, the question was recognizes Mr. Habay. determined in the affirmative and the amendment was agreed to. Mr. HABAY. Thank you, Mr. Speaker. I rise to offer amendment 1325 to designate a portion of the On the question recurring, Mon Valley Expressway the “Lance Corporal William R. Prom Will the House agree to the bill on third consideration as Interchange.” amended? On February 9, 1969, near An Hoa, Republic of Vietnam, while returning from a reconnaissance operation during Mr. HABAY offered the following amendment No. A1325: Operation TAYLOR COMMON, two platoons of Company 1 came under intense automatic weapons fire and grenade attack. Amend Title, page 1, line 2, by removing the period after Lance Corporal Prom immediately assumed control of one of “Highway” and inserting his machine guns and began to deliver return fire, disregarding his ; and designating the half interchange, including only the westbound own safety. Mon/Fayette Expressway to I-376 and eastbound I-376 to Mon/Fayette in Realizing that the enemy would have to be destroyed before the the City of Pittsburgh as the Lance Corporal William R. Prom injured marines could be evacuated, Lance Corporal Prom moved Interchange. Amend Sec. 1, page 1, line 5, by striking out all of said line and forward and delivered a heavy volume of fire, permitting his men inserting to regroup and resume their march. Section 1. Yohogania County Courthouse Highway. Shortly thereafter, the platoon again came under heavy fire in (a) Designation.–The Mon/Fayette Expressway, State Route 43, which one man was critically wounded. Reacting instantly, Amend Sec. 2, page 1, line 9, by striking out “Section 2.” and Lance Corporal Prom moved forward to protect his injured inserting comrade. (b) Signs.– Unable to continue his fire because of his severe wounds, he Amend Bill, page 1, lines 11 and 12, by striking out all of said lines continued to advance to within a few yards of the enemy positions. and inserting There, standing in full view of the enemy, he directed the fire of Section 2. Lance Corporal William R. Prom Interchange. (a) Findings.– his support elements until he was mortally wounded. Inspired by (1) On February 9, 1969, near An Hoa, Republic of his heroic actions, the marines launched an assault and destroyed Vietnam, while returning from a reconnaissance operation during the enemy. Operation TAYLOR COMMON, two platoons of Company One Lance Corporal Prom’s indomitable courage, inspiring 696 LEGISLATIVE JOURNAL—HOUSE APRIL 17 initiative, and selfless devotion to duty upheld the highest traditions in the Marine Corps and the U.S. Naval Service. EXCUSED–4 Therefore, Lance Corporal Prom served his country with outstanding bravery and courage, and it is only appropriate that Levdansky Myers Yudichak Zimmerman we name this interchange in the Mon Valley Expressway the “William Prom Interchange.” Thank you, Mr. Speaker. The majority having voted in the affirmative, the question was The SPEAKER pro tempore. The Chair thanks the gentleman. determined in the affirmative and the amendment was agreed to.

On the question recurring, On the question recurring, Will the House agree to the amendment? Will the House agree to the bill on third consideration as amended? The following roll call was recorded: Mr. PISTELLA offered the following amendment No. A1326: YEAS–197 Amend Title, page 1, line 2, by removing the period after Adolph Egolf Maher Saylor “Highway” and inserting Allen Evans, D. Maitland Schroder ; and designating the half interchange with access Argall Evans, J. Major Schuler road connecting to Thompson Run Road in Armstrong Fairchild Manderino Scrimenti Penn Hills Township as the Chief Warrant Officer Baker, J. Feese Mann Semmel Michael J. Novosel Interchange. Baker, M. Fichter Markosek Shaner Amend Sec. 1, page 1, line 5, by striking out all of said line and Bard Fleagle Marsico Smith, B. inserting Barrar Flick Mayernik Smith, S. H. Bastian Forcier McCall Solobay Section 1. Yohogania County Courthouse Highway. Bebko-Jones Frankel McGeehan Staback (a) Designation.–The Mon/Fayette Expressway, State Route 43, Belardi Freeman McGill Stairs Amend Sec. 2, page 1, line 9, by striking out “Section 2.” and Belfanti Gabig McIlhattan Steelman inserting Benninghoff Gannon McIlhinney Steil (b) Signs.– Birmelin Geist McNaughton Stern Amend Bill, page 1, by inserting between lines 10 and 11 Bishop George Melio Stetler Section 2. Chief Warrant Officer Michael J. Novosel Interchange. Blaum Godshall Metcalfe Stevenson, R. (a) Findings.– Boyes Gordner Michlovic Stevenson, T. Brooks Grucela Micozzie Strittmatter (1) On October 2, 1969, in the Kien Tuong Province, Browne Gruitza Miller, R. Sturla Republic of Vietnam, Chief Warrant Officer Michael J. Novosel, Bunt Habay Miller, S. Surra with conspicuous gallantry and intrepidity in action at the risk of Butkovitz Haluska Mundy Tangretti his life above and beyond the call of duty, distinguished himself Buxton Hanna Nailor Taylor, E. Z. while serving as commander of a medical evacuation helicopter. Caltagirone Harhai Nickol Taylor, J. (2) Chief Warrant Officer Novosel unhesitatingly Cappelli Harhart O’Brien Thomas maneuvered his helicopter into a heavily fortified and defended Casorio Harper Oliver Tigue enemy training area where a group of wounded Vietnamese soldiers Cawley Hasay Pallone Travaglio Civera Hennessey Perzel Trello were pinned down by a large enemy force. Clark Herman Petrarca Trich (3) On six occasions, while flying without gunship or other Clymer Hershey Petrone Tulli cover and exposed to intense machine gun fire, Chief Warrant Cohen, L. I. Hess Phillips Turzai Officer Novosel returned to the area in order to extract friendly Cohen, M. Horsey Pickett Vance troops. Colafella Hutchinson Pippy Veon (4) Near the end of the mission, a wounded soldier was Coleman Jadlowiec Pistella Vitali spotted close to an enemy bunker. Fully realizing that he would Cornell James Preston Walko attract enemy fire, Chief Warrant Officer Novosel attempted and Corrigan Josephs Raymond Wansacz extracted the soldier while being injured himself. Costa Kaiser Readshaw Washington Coy Keller Reinard Waters (5) In all, 15 extractions were performed in order to Creighton Kenney Rieger Watson remove wounded personnel. As a direct result of his selfless Cruz Kirkland Roberts Williams, J. conduct, the lives of 29 soldiers were saved. Curry Krebs Robinson Wilt (6) The extraordinary heroism displayed by Chief Warrant Dailey LaGrotta Roebuck Wojnaroski Officer Novosel was an inspiration to his comrades in arms and Daley Laughlin Rohrer Wright, G. reflect great credit on him, his unit and the United States Army. Dally Lawless Rooney Wright, M. (b) Designation authorized.–The half interchange with access road DeLuca Lederer Ross Yewcic connecting to Thompson Run Road in Penn Hills Township, including Dermody Leh Rubley Youngblood DeWeese Lescovitz Ruffing Zug only the northbound off and southbound on movements, is hereby DiGirolamo Lewis Sainato designated and shall hereafter be known as the Chief Warrant Officer Diven Lucyk Samuelson Michael J. Novosel interchange in recognition of the Medal of Honor Donatucci Lynch Santoni Ryan, recipient. Eachus Mackereth Sather Speaker (c) Signs.–The Pennsylvania Turnpike Commission shall erect appropriate signs at the interchange displaying the designation under NAYS–0 subsection (b).

NOT VOTING–0 On the question, Will the House agree to the amendment? 2002 LEGISLATIVE JOURNAL—HOUSE 697

Caltagirone Harhai Nickol Taylor, J. The SPEAKER pro tempore. On that question, the Chair Cappelli Harhart O’Brien Thomas Casorio Harper Oliver Tigue recognizes Mr. Pistella. Cawley Hasay Pallone Travaglio Mr. PISTELLA. Thank you, Mr. Speaker. Civera Hennessey Perzel Trello Mr. Speaker, it is my distinct pleasure and honor to offer Clark Herman Petrarca Trich amendment A1326 to honor the memory of a son of Etna Borough, Clymer Hershey Petrone Tulli Cohen, L. I. Hess Phillips Turzai a small industrial community that sits on the northern shore of the Cohen, M. Horsey Pickett Vance Allegheny River in Allegheny County. But it was far from there on Colafella Hutchinson Pippy Veon October 2, 1969, in the Kien Tuong Province, Republic of Coleman Jadlowiec Pistella Vitali Vietnam, that CWO Michael J. Novosel, with conspicuous Cornell James Preston Walko gallantry and intrepidity in action, at the risk of his life above and Corrigan Josephs Raymond Wansacz Costa Kaiser Readshaw Washington beyond the call of duty, distinguished himself while serving as Coy Keller Reinard Waters commander of a medical evacuation helicopter. Creighton Kenney Rieger Watson Chief Warrant Officer Novosel unhesitatingly maneuvered his Cruz Kirkland Roberts Williams, J. helicopter into a heavily fortified and defended enemy training Curry Krebs Robinson Wilt Dailey LaGrotta Roebuck Wojnaroski area, where a group of wounded South Vietnamese soldiers were Daley Laughlin Rohrer Wright, G. pinned down by a large enemy force. Dally Lawless Rooney Wright, M. On six occasions, while flying without gunship or other cover DeLuca Lederer Ross Yewcic and exposed to intense machine gun fire, Chief Warrant Officer Dermody Leh Rubley Youngblood DeWeese Lescovitz Ruffing Zug Novosel returned to the area in order to extract these friendly DiGirolamo Lewis Sainato troops. Diven Lucyk Samuelson Toward the end of the mission, a wounded soldier was spotted Donatucci Lynch Santoni Ryan, close to an enemy bunker. Fully realizing that he would attract Eachus Mackereth Sather Speaker enemy fire, Chief Warrant Officer Novosel attempted and extracted the soldier while himself being injured. NAYS–0 In all, 15 extractions were performed in order to remove wounded personnel. As a direct result of his selfless conduct, the NOT VOTING–0 lives of 29 soldiers were saved. The extraordinary heroism displayed by Chief Warrant Officer EXCUSED–4 Novosel was an inspiration to his comrades in arms and reflect Levdansky Myers Yudichak Zimmerman great credit on him, his unit, and the United States Army. Mr. Speaker, it is for this reason that I offer this amendment to name the Thompson Run Road in Penn Hills Township The majority having voted in the affirmative, the question was interchange on behalf of CWO Michael J. Novosel. Thank you. determined in the affirmative and the amendment was agreed to. The SPEAKER pro tempore. The Chair thanks the gentleman. On the question recurring, On the question recurring, Will the House agree to the bill on third consideration as Will the House agree to the amendment? amended?

The following roll call was recorded: Mr. READSHAW offered the following amendment No.

A1327: YEAS–197

Adolph Egolf Maher Saylor Amend Title, page 1, line 2, by removing the period after Allen Evans, D. Maitland Schroder “Highway” and inserting Argall Evans, J. Major Schuler ; and designating the interchange with Second Avenue at the north end of Armstrong Fairchild Manderino Scrimenti Glenwood Bridge in the City of Pittsburgh as the Private First Class Baker, J. Feese Mann Semmel John “Jack” Kelly Interchange. Baker, M. Fichter Markosek Shaner Amend Sec. 1, page 1, line 5, by striking out all of said line and Bard Fleagle Marsico Smith, B. inserting Barrar Flick Mayernik Smith, S. H. Section 1. Yohogania County Courthouse Highway. Bastian Forcier McCall Solobay Bebko-Jones Frankel McGeehan Staback (a) Designation.–The Mon/Fayette Expressway, State Route 43, Belardi Freeman McGill Stairs Belfanti Gabig McIlhattan Steelman Benninghoff Gannon McIlhinney Steil Amend Sec. 2, page 1, line 9, by striking out “Section 2.” and Birmelin Geist McNaughton Stern inserting Bishop George Melio Stetler (b) Signs.– Blaum Godshall Metcalfe Stevenson, R. Amend Bill, page 1, lines 11 and 12, by striking out all of said lines Boyes Gordner Michlovic Stevenson, T. and inserting Brooks Grucela Micozzie Strittmatter Browne Gruitza Miller, R. Sturla Section 2. Private First Class John “Jack” Kelly Interchange. Bunt Habay Miller, S. Surra (a) Findings.– Butkovitz Haluska Mundy Tangretti (1) “Jack” Kelly was born July 8, 1928, and graduated Buxton Hanna Nailor Taylor, E. Z. from Homestead High School in 1947. He enlisted in the 698 LEGISLATIVE JOURNAL—HOUSE APRIL 17

United States Marine Corps after the start of the Korean War, and valor, inspired his comrades to sweep on, overrun, and secure the served with Company C, 1st Batallion, 7th Marines, 1st Marine objective. Division (Reinforced). Private First Class Kelly was awarded the Medal of Honor (2) On May 28, 1952, in Korea, PFC Kelly showed posthumously. conspicuous gallantry and intrepidity at the risk of his life above To Private First Class Kelly, semper fi, and I ask for an and beyond the call of duty while serving as a radio operator in action against enemy aggressor forces. affirmative vote. Thank you. (3) With his platoon pinned down by a numerically The SPEAKER pro tempore. The Chair thanks the gentleman. superior enemy force employing intense mortar, artillery, small-arms and grenade fire, PFC Kelly left his radio in the care of On the question recurring, another man and participated in an assault on enemy key positions. Will the House agree to the amendment? (4) Fearlessly charging forward in the face of a murderous hail of machine gun fire and hand grenades, he initiated a daring The following roll call was recorded: attack against a hostile strong point and personally neutralized the position, killing two of the enemy. YEAS–197 (5) Although painfully wounded, PFC Kelly bravely charged a machine gun bunker. Mortally wounded by enemy fire Adolph Egolf Maher Saylor while carrying out this heroic action, PFC Kelly, by his great Allen Evans, D. Maitland Schroder personal valor, inspired his comrades to sweep on, overrun and Argall Evans, J. Major Schuler secure the objective. Armstrong Fairchild Manderino Scrimenti (6) Private First Class Kelly was awarded the Medal of Baker, J. Feese Mann Semmel Honor posthumously. Baker, M. Fichter Markosek Shaner Bard Fleagle Marsico Smith, B. (b) Designation authorized.–The interchange with Second Avenue Barrar Flick Mayernik Smith, S. H. at the north end of the Glenwood Bridge in the City of Pittsburgh is Bastian Forcier McCall Solobay hereby designated and shall hereafter be known as the Private First Class Bebko-Jones Frankel McGeehan Staback John “Jack” Kelly Interchange in recognition of the Medal of Honor Belardi Freeman McGill Stairs recipient. Belfanti Gabig McIlhattan Steelman (c) Signs.–The Pennsylvania Turnpike Commission shall erect Benninghoff Gannon McIlhinney Steil appropriate signs at the interchange displaying the designation under Birmelin Geist McNaughton Stern subsection (b). Bishop George Melio Stetler Blaum Godshall Metcalfe Stevenson, R. Section 3. Effective date. Boyes Gordner Michlovic Stevenson, T. This act shall take effect immediately. Brooks Grucela Micozzie Strittmatter Browne Gruitza Miller, R. Sturla On the question, Bunt Habay Miller, S. Surra Will the House agree to the amendment? Butkovitz Haluska Mundy Tangretti Buxton Hanna Nailor Taylor, E. Z. Caltagirone Harhai Nickol Taylor, J. The SPEAKER pro tempore. On that question, the Chair Cappelli Harhart O’Brien Thomas recognizes Mr. Readshaw. Casorio Harper Oliver Tigue Mr. READSHAW. Thank you, Mr. Speaker. Cawley Hasay Pallone Travaglio This amendment designates the interchange with Civera Hennessey Perzel Trello Clark Herman Petrarca Trich Second Avenue at the north end of the Glenwood Bridge in the Clymer Hershey Petrone Tulli city of Pittsburgh as the “Private First Class John ‘Jack’ Kelly Cohen, L. I. Hess Phillips Turzai Interchange.” Cohen, M. Horsey Pickett Vance Pfc. John “Jack” Kelly was born July 8, 1928, and graduated Colafella Hutchinson Pippy Veon Coleman Jadlowiec Pistella Vitali from Homestead High School in 1947. He enlisted in the Cornell James Preston Walko United States Marine Corps after the start of the Korean War and Corrigan Josephs Raymond Wansacz served with Company C, 1st Battalion, 7th Marines, 1st Marine Costa Kaiser Readshaw Washington Division. Coy Keller Reinard Waters On May 28, 1952, in Korea, Pfc. Kelly showed conspicuous Creighton Kenney Rieger Watson Cruz Kirkland Roberts Williams, J. gallantry and intrepidity at the risk of his life above and beyond Curry Krebs Robinson Wilt the call of duty while serving as a radio operator in action against Dailey LaGrotta Roebuck Wojnaroski enemy aggressor forces. Daley Laughlin Rohrer Wright, G. With his platoon pinned down by a numerically superior enemy Dally Lawless Rooney Wright, M. DeLuca Lederer Ross Yewcic force employing intense mortar, artillery, and small arms and Dermody Leh Rubley Youngblood DeWeese Lescovitz Ruffing Zug grenade fire, Pfc. Kelly left his radio in the care of another man DiGirolamo Lewis Sainato and participated in an assault on enemy key positions. Diven Lucyk Samuelson Donatucci Lynch Santoni Ryan, Fearlessly charging forward in the face of a murderous hail of Eachus Mackereth Sather Speaker machine gun fire and hand grenades, he initiated a daring attack against a hostile strongpoint and personally neutralized the NAYS–0 position, killing two of the enemy. Although painfully wounded, Pfc. Kelly bravely charged a NOT VOTING–0 machine gun bunker. Mortally wounded by enemy fire while carrying out this heroic action, Pfc. Kelly, by his great personal 2002 LEGISLATIVE JOURNAL—HOUSE 699

EXCUSED–4 this Medal of Honor winner, and just Sunday I had the distinct pleasure of being in the company of two true heroes of our Levdansky Myers Yudichak Zimmerman country’s history at the Medal of Honor dinner that was hosted by Representative Michlovic. These two men were Col. Mitchell Paige, a hero of the Battle of Guadalcanal, and The majority having voted in the affirmative, the question was Col. Walter Marm, a hero of one of the major battles of the determined in the affirmative and the amendment was agreed to. Vietnam war. What a thrill to be in the personal company of these two true heroes of our country’s history. On the question recurring, Ens. Henry Clay Drexler, born in Braddock on August 7, 1901, Will the House agree to the bill on third consideration as graduated from the United States Naval Academy in 1924. amended? At 3:35 on the afternoon of October 20, 1924, while the USS Trenton was preparing to fire trial installation shots from Mr. PETRONE offered the following amendment No. A1328: two 6-inch guns in the forward twin mount of the vessel, two charges of powder ignited, trapping 20 men in the twin mount. Amend Title, page 1, line 2, by removing the period after Ensign Drexler, without thought for his own safety, on seeing “Highway” and inserting ; and designating the Mon/Fayette Expressway interchange with that the charge of powder for the left gun was ignited, jumped for Sixth Street in Braddock as the Ensign Henry Clay Drexler Interchange. the right charge and endeavored to put it in the immersion tank. Amend Sec. 1, page 1, line 5, by striking out all of said line and The left charge burst into flames and ignited the right charge inserting before Ensign Drexler could accomplish his purpose. He fell on Section 1. Yohogania County Court House Highway. the spot where he was making a supreme effort to save his (a) Designation.–The Mon/Fayette Expressway, State Route 43, shipmates. Amend Sec. 2, page 1, line 9, by striking out “Section 2.” and Ensign Drexler was awarded the Medal of Honor by a special inserting act of Congress on February 3, 1933, one of the few Medals of (b) Signs.– Honor ever bestowed on an individual not in a combat theater. Amend Bill, page 1, lines 11 and 12, by striking out all of said lines The Mon/Fayette Expressway interchange with Sixth Street in and inserting Braddock is hereby designated and shall hereafter be known as the Section 2. Ensign Henry Clay Drexler Interchange. (a) Findings.– “Ensign Henry Clay Drexler Interchange” in recognition of this (1) Born in Braddock, on August 7, 1901, he graduated Medal of Honor recipient. And let us keep in mind that as we from the United States Naval Academy in 1924. speak, our Armed Forces are doing these very same things to (2) At 3:35 on the afternoon of October 20, 1924, while the protect our freedom. USS Trenton was preparing to fire trial installation shots from the Thank you, Mr. Speaker. two six-inch guns in the forward twin mount of the vessel, The SPEAKER pro tempore. The Chair thanks the gentleman. two charges of powder ignited, trapping 20 men in the twin mount. (3) Ensign Drexler, without thought for his own safety, on On the question recurring, seeing that the charge of powder for the left gun was ignited, Will the House agree to the amendment? jumped for the right charge and endeavored to put it in the

immersion tank. The left charge burst into flames and ignited the right charge before Ensign Drexler could accomplish his purpose. The following roll call was recorded: He fell on the spot where he was making a supreme effort to save his shipmates. YEAS–197 (4) Ensign Drexler was awarded the Medal of Honor by a Special Act of Congress on February 3, 1933, one of the few Adolph Egolf Maher Saylor Allen Evans, D. Maitland Schroder Medals of Honor ever bestowed on an individual not in a combat Argall Evans, J. Major Schuler theater. Armstrong Fairchild Manderino Scrimenti (b) Designation.–The Mon/Fayette Expressway interchange with Baker, J. Feese Mann Semmel Sixth Street in Braddock is hereby designated and shall hereafter be Baker, M. Fichter Markosek Shaner known as the Ensign Henry Clay Drexler Interchange in recognition of Bard Fleagle Marsico Smith, B. the Medal of Honor recipient. Barrar Flick Mayernik Smith, S. H. (c) Signs.–The Pennsylvania Turnpike Commission shall erect Bastian Forcier McCall Solobay appropriate signs at the interchange displaying the designation under Bebko-Jones Frankel McGeehan Staback Belardi Freeman McGill Stairs subsection (b). Belfanti Gabig McIlhattan Steelman Section 3. Effective date. Benninghoff Gannon McIlhinney Steil This act shall take effect immediately. Birmelin Geist McNaughton Stern Bishop George Melio Stetler On the question, Blaum Godshall Metcalfe Stevenson, R. Will the House agree to the amendment? Boyes Gordner Michlovic Stevenson, T. Brooks Grucela Micozzie Strittmatter Browne Gruitza Miller, R. Sturla The SPEAKER pro tempore. On that question, the Chair Bunt Habay Miller, S. Surra recognizes Mr. Petrone. Butkovitz Haluska Mundy Tangretti Mr. PETRONE. Thank you, Mr. Speaker. Buxton Hanna Nailor Taylor, E. Z. Caltagirone Harhai Nickol Taylor, J. Before I read my remarks about Ensign Drexler, I would just Cappelli Harhart O’Brien Thomas like to comment that I had the pleasure of being on board the Casorio Harper Oliver Tigue USS Estocin the year before last when we honored the family of Cawley Hasay Pallone Travaglio 700 LEGISLATIVE JOURNAL—HOUSE APRIL 17

Civera Hennessey Perzel Trello in a storehouse window and rained effective fire on the enemy Clark Herman Petrarca Trich throughout the day. When the position was about to be overrun, Clymer Hershey Petrone Tulli Corporal Kelly voluntarily maintained his position, using mortars to Cohen, L. I. Hess Phillips Turzai hold the enemy at bay, while the remainder of his detachment Cohen, M. Horsey Pickett Vance Colafella Hutchinson Pippy Veon withdrew. Coleman Jadlowiec Pistella Vitali (4) As the detachment moved out, Corporal Kelly was Cornell James Preston Walko observed deliberately loading and firing a rocket launcher from the Corrigan Josephs Raymond Wansacz window. He was successful in covering the withdrawal of the unit, Costa Kaiser Readshaw Washington and later in joining his own organization. Coy Keller Reinard Waters (5) Corporal Kelly’s fighting determination and intrepidity Creighton Kenney Rieger Watson in battle exemplify the highest traditions of the United States Cruz Kirkland Roberts Williams, J. Armed Forces. Curry Krebs Robinson Wilt (6) The United States Army Base at Oakdale is named Dailey LaGrotta Roebuck Wojnaroski Daley Laughlin Rohrer Wright, G. for Kelly and he is buried in the Highwood Cemetery on Dally Lawless Rooney Wright, M. Brighton Road in Pittsburgh. DeLuca Lederer Ross Yewcic (b) Designation authorized.–The half interchange, including only Dermody Leh Rubley Youngblood westbound off and eastbound on movements, with Second Avenue in the DeWeese Lescovitz Ruffing Zug City of Pittsburgh is hereby designated and shall hereafter be known as DiGirolamo Lewis Sainato the Corporal Charles E. Kelly Interchange in recognition of the Diven Lucyk Samuelson Medal of Honor recipient. Donatucci Lynch Santoni Ryan, (c) Signs.–The Pennsylvania Turnpike Commission shall erect Eachus Mackereth Sather Speaker appropriate signs at the interchange displaying the designation under subsection (b). NAYS–0 Section 3. Effective date. This act shall take effect immediately. NOT VOTING–0 On the question, EXCUSED–4 Will the House agree to the amendment?

Levdansky Myers Yudichak Zimmerman The SPEAKER pro tempore. Before I recognize Mr. Walko, could we have some order, please. I do not want to break the gavel The majority having voted in the affirmative, the question was on my first appearance up here. determined in the affirmative and the amendment was agreed to. The gentleman, Mr. Walko. Mr. WALKO. Thank you, Mr. Speaker. On the question recurring, I rise to name a portion of the Mon Valley, an interchange on Will the House agree to the bill on third consideration as the Mon/Fayette Expressway, after a native North Sider, amended? Commando Charles E. Kelly. On September 13, 1943, near Altavilla, Italy, Corporal Kelly Mr. WALKO offered the following amendment No. A1331: voluntarily joined a patrol that located and neutralized enemy machine gun positions. Amend Title, page 1, line 2, by removing the period after Later, Corporal Kelly again voluntarily traversed more than a “Highway” and inserting mile through enemy-held territory to gather information about ; and designating the half interchange of the Mon/Fayette Expressway, enemy placements. including only westbound off and eastbound on movements, with The following day, Corporal Kelly positioned himself in a Second Avenue in the City of Pittsburgh as the Corporal Charles E. Kelly storehouse window and rained effective fire on the enemy Interchange. throughout the day. When the position was about to be overrun, Amend Sec. 1, page 1, line 5, by striking out all of said line and Corporal Kelly voluntarily maintained his position, using mortars inserting to hold the enemy at bay, while the remainder of his detachment Section 1. Yohogania County Courthouse Highway. withdrew. (a) Designation.–The Mon/Fayette Expressway, State Route 43, As the detachment moved out, Corporal Kelly was observed Amend Sec. 2, page 1, line 9, by striking out “Section 2.” and inserting deliberately loading and firing a rocket launcher from the window. (b) Signs.– He was successful in covering the withdrawal of the unit and later in joining his own organization. Amend Bill, page 1, lines 11 and 12, by striking out all of said lines Corporal Kelly’s fighting determination and intrepidity in and inserting battle exemplify the highest traditions of the United States Section 2. Corporal Charles E. Kelly Interchange. Armed Forces. (a) Findings.– The United States Army Base at Oakdale is named (1) On September 13, 1943, near Altavilla, Italy, for Kelly, and he is buried back at his North Side home in Corporal Kelly voluntarily joined a patrol that located and Highwood Cemetery. neutralized enemy machine gun positions. I deeply appreciate your positive vote on this amendment. (2) Later, Corporal Kelly again voluntarily traversed more than a mile through enemy held territory to gather information Thank you, Mr. Speaker. about enemy placements. The SPEAKER pro tempore. The Chair thanks the gentleman. (3) The following day, Corporal Kelly positioned himself 2002 LEGISLATIVE JOURNAL—HOUSE 701

On the question recurring, Will the House agree to the bill on third consideration as Will the House agree to the amendment? amended?

The following roll call was recorded: Mr. RUFFING offered the following amendment No. A1332:

YEAS–197 Amend Title, page 1, line 2, by removing the period after “Highway” and inserting Adolph Egolf Maher Saylor ; and designating the interchange connecting Camp Hollow Road in Allen Evans, D. Maitland Schroder West Mifflin and Pittsburgh McKeesport Boulevard (Richland Avenue) in Argall Evans, J. Major Schuler Dravosburg as the Private Franklin J. Phillips Interchange. Armstrong Fairchild Manderino Scrimenti Amend Sec. 1, page 1, line 5, by striking out all of said line and Baker, J. Feese Mann Semmel Baker, M. Fichter Markosek Shaner inserting Bard Fleagle Marsico Smith, B. Section 1. Yohogania County Courthouse Highway. Barrar Flick Mayernik Smith, S. H. (a) Designation.–The Mon/Fayette Expressway, State Route 43, Bastian Forcier McCall Solobay Amend Sec. 2, page 1, line 9, by striking out “Section 2.” and Bebko-Jones Frankel McGeehan Staback inserting Belardi Freeman McGill Stairs (b) Signs.– Belfanti Gabig McIlhattan Steelman Amend Bill, page 1, lines 11 and 12, by striking out all of said lines Benninghoff Gannon McIlhinney Steil and inserting Birmelin Geist McNaughton Stern Bishop George Melio Stetler Section 2. Private Franklin J. Phillips Interchange. Blaum Godshall Metcalfe Stevenson, R. (a) Findings.– Boyes Gordner Michlovic Stevenson, T. (1) Franklin Phillips enlisted in the United States Brooks Grucela Micozzie Strittmatter Marine Corps on May 19, 1899, and was assigned to The Browne Gruitza Miller, R. Sturla Battleship Oregon, which was transporting marines to the Bunt Habay Miller, S. Surra Boxer Rebellion in Peking, China. Butkovitz Haluska Mundy Tangretti (2) Phillips’ unit was part of the American Legation Guard Buxton Hanna Nailor Taylor, E. Z. that was charged with protecting American citizens in Peking. It Caltagirone Harhai Nickol Taylor, J. was while serving with the detachment ashore that Private Phillips Cappelli Harhart O’Brien Thomas Casorio Harper Oliver Tigue was killed on July 16, 1900, the last day of the uprising. Cawley Hasay Pallone Travaglio (3) For distinguished conduct in the presence of the Civera Hennessey Perzel Trello enemy under heavy fire in Peking, China, on July 16, 1900, Clark Herman Petrarca Trich Franklin Phillips was awarded the Medal of Honor by Clymer Hershey Petrone Tulli John D. Long, Secretary of the Navy, on July 19, 1901. Cohen, L. I. Hess Phillips Turzai (b) Designation authorized.–The interchange connecting Cohen, M. Horsey Pickett Vance Camp Hollow Road in West Mifflin and Pittsburgh McKeesport Colafella Hutchinson Pippy Veon Boulevard (Richland Avenue) in Dravosburg is hereby designated and Coleman Jadlowiec Pistella Vitali Cornell James Preston Walko shall hereafter be known as the Private Franklin J. Phillips Interchange in Corrigan Josephs Raymond Wansacz recognition of the Medal of Honor recipient. Costa Kaiser Readshaw Washington (c) Signs.–The Pennsylvania Turnpike Commission shall erect Coy Keller Reinard Waters appropriate signs at the interchange displaying the designation under Creighton Kenney Rieger Watson subsection (b). Cruz Kirkland Roberts Williams, J. Section 3. Effective date. Curry Krebs Robinson Wilt This act shall take effect immediately. Dailey LaGrotta Roebuck Wojnaroski Daley Laughlin Rohrer Wright, G. Dally Lawless Rooney Wright, M. On the question, DeLuca Lederer Ross Yewcic Will the House agree to the amendment? Dermody Leh Rubley Youngblood DeWeese Lescovitz Ruffing Zug The SPEAKER pro tempore. On that question, the Chair DiGirolamo Lewis Sainato Diven Lucyk Samuelson recognizes Mr. Ruffing. Donatucci Lynch Santoni Ryan, Mr. RUFFING. Mr. Speaker, my amendment is similar to the Eachus Mackereth Sather Speaker other ones sent off before. It is going to name the interchange between Camp Hollow Road in West Mifflin and Pittsburgh NAYS–0 McKeesport Boulevard in Dravosburg after Pvt. Franklin Phillips. Franklin Phillips enlisted in the United States Marine Corps on NOT VOTING–0 May 19, 1899, and was assigned to the Battleship Oregon, which was transporting marines to the Boxer Rebellion in Peking, China. EXCUSED–4 Phillips’ unit was part of the American Legation Guard that was charged with protecting American citizens in Peking. It was while Levdansky Myers Yudichak Zimmerman serving with the detachment ashore that Private Phillips was killed

on July 16, 1900, the last day of the uprising.

For distinguished conduct in the presence of the enemy under The majority having voted in the affirmative, the question was heavy fire in Peking, China, on July 16, 1900, Franklin Phillips determined in the affirmative and the amendment was agreed to. was awarded the Medal of Honor by John D. Long, Secretary of

the Navy, on July 19, 1901. On the question recurring, 702 LEGISLATIVE JOURNAL—HOUSE APRIL 17

Designation authorized: The interchange connecting EXCUSED–4 Camp Hollow Road in West Mifflin and Pittsburgh McKeesport Boulevard in Dravosburg is hereby designated and shall hereafter Levdansky Myers Yudichak Zimmerman be known as the “Private Franklin J. Phillips Interchange” in recognition of the Medal of Honor recipient. Thank you, and I would ask for an affirmative vote. The majority having voted in the affirmative, the question was The SPEAKER pro tempore. The Chair thanks the gentleman. determined in the affirmative and the amendment was agreed to.

On the question recurring, On the question recurring, Will the House agree to the amendment? Will the House agree to the bill on third consideration as amended? The following roll call was recorded: Mr. SURRA offered the following amendment No. A1416: YEAS–197 Amend Title, page 1, line 2, by removing the period after Adolph Egolf Maher Saylor “Highway” and inserting Allen Evans, D. Maitland Schroder and a section of State Route 1011 in Clearfield, Argall Evans, J. Major Schuler Cameron and Elk Counties as the Quehanna Armstrong Fairchild Manderino Scrimenti Highway. Baker, J. Feese Mann Semmel Amend Sec. 1, page 1, line 5, by striking out all of said line and Baker, M. Fichter Markosek Shaner inserting Bard Fleagle Marsico Smith, B. Section 1. Yohogania County Courthouse Highway. Barrar Flick Mayernik Smith, S. H. Bastian Forcier McCall Solobay (a) Designation.–The Mon/Fayette Expressway, State Route 43, Bebko-Jones Frankel McGeehan Staback Amend Sec. 2, page 1, line 9, by striking out “Section 2.” and Belardi Freeman McGill Stairs inserting Belfanti Gabig McIlhattan Steelman (b) Signs.– Benninghoff Gannon McIlhinney Steil Amend Bill, page 1, lines 11 and 12, by striking out all of said lines Birmelin Geist McNaughton Stern and inserting Bishop George Melio Stetler Section 2. Quehanna Highway. Blaum Godshall Metcalfe Stevenson, R. (a) Designation.–The section of State Route 1011 that runs Boyes Gordner Michlovic Stevenson, T. Brooks Grucela Micozzie Strittmatter from Route 879 near Karthaus, in Clearfield County through the Browne Gruitza Miller, R. Sturla Quehanna Wild Area in Cameron and Elk Counties and ends at Bunt Habay Miller, S. Surra State Route 555 at Medix Run in Elk County, is designated and shall be Butkovitz Haluska Mundy Tangretti known as the Quehanna Highway. Buxton Hanna Nailor Taylor, E. Z. (b) Signs.–The Department of Transportation shall erect and Caltagirone Harhai Nickol Taylor, J. maintain appropriate signs at each end of the section of highway Cappelli Harhart O’Brien Thomas identifying the portion of road described in subsection (a) as the Casorio Harper Oliver Tigue Quehanna Highway. Cawley Hasay Pallone Travaglio Civera Hennessey Perzel Trello Section 3. Effective date. Clark Herman Petrarca Trich This act shall take effect immediately. Clymer Hershey Petrone Tulli Cohen, L. I. Hess Phillips Turzai On the question, Cohen, M. Horsey Pickett Vance Will the House agree to the amendment? Colafella Hutchinson Pippy Veon Coleman Jadlowiec Pistella Vitali Cornell James Preston Walko The following roll call was recorded: Corrigan Josephs Raymond Wansacz Costa Kaiser Readshaw Washington YEAS–197 Coy Keller Reinard Waters Creighton Kenney Rieger Watson Adolph Egolf Maher Saylor Cruz Kirkland Roberts Williams, J. Allen Evans, D. Maitland Schroder Curry Krebs Robinson Wilt Argall Evans, J. Major Schuler Dailey LaGrotta Roebuck Wojnaroski Armstrong Fairchild Manderino Scrimenti Daley Laughlin Rohrer Wright, G. Baker, J. Feese Mann Semmel Dally Lawless Rooney Wright, M. Baker, M. Fichter Markosek Shaner DeLuca Lederer Ross Yewcic Bard Fleagle Marsico Smith, B. Dermody Leh Rubley Youngblood Barrar Flick Mayernik Smith, S. H. DeWeese Lescovitz Ruffing Zug Bastian Forcier McCall Solobay DiGirolamo Lewis Sainato Bebko-Jones Frankel McGeehan Staback Diven Lucyk Samuelson Belardi Freeman McGill Stairs Donatucci Lynch Santoni Ryan, Belfanti Gabig McIlhattan Steelman Eachus Mackereth Sather Speaker Benninghoff Gannon McIlhinney Steil Birmelin Geist McNaughton Stern NAYS–0 Bishop George Melio Stetler Blaum Godshall Metcalfe Stevenson, R. Boyes Gordner Michlovic Stevenson, T. NOT VOTING–0 Brooks Grucela Micozzie Strittmatter Browne Gruitza Miller, R. Sturla 2002 LEGISLATIVE JOURNAL—HOUSE 703

Bunt Habay Miller, S. Surra Staff Sergeant Taylor, while serving at night as a company gunnery Butkovitz Haluska Mundy Tangretti sergeant during Operation Meade River, exhibited conspicuous Buxton Hanna Nailor Taylor, E. Z. gallantry and intrepidity at the risk of his life above and beyond the Caltagirone Harhai Nickol Taylor, J. call of duty. Cappelli Harhart O’Brien Thomas Casorio Harper Oliver Tigue (2) Staff Sergeant Taylor, when informed that the Cawley Hasay Pallone Travaglio commander of the lead platoon had been mortally wounded, Civera Hennessey Perzel Trello crawled forward to the beleaguered unit through a hail of hostile Clark Herman Petrarca Trich fire, shouted encouragement and instructions to the men and Clymer Hershey Petrone Tulli deployed them to covered positions. Cohen, L. I. Hess Phillips Turzai (3) Staff Sergeant Taylor repeatedly maneuvered across an Cohen, M. Horsey Pickett Vance open area to rescue those marines who were too seriously wounded Colafella Hutchinson Pippy Veon to move themselves. Coleman Jadlowiec Pistella Vitali (4) When confronted with devastating fire, Staff Sergeant Cornell James Preston Walko Corrigan Josephs Raymond Wansacz Taylor took his grenade launcher and in full view of the enemy, Costa Kaiser Readshaw Washington charged across the open rice paddy toward the machine gun Coy Keller Reinard Waters position, firing his weapon as he ran. Creighton Kenney Rieger Watson (5) Although wounded several times, Staff Sergeant Taylor Cruz Kirkland Roberts Williams, J. succeeded in reaching the machine gun bunker and silenced the fire Curry Krebs Robinson Wilt moments before he was mortally wounded. Dailey LaGrotta Roebuck Wojnaroski (6) Directly instrumental in saving the lives of several of Daley Laughlin Rohrer Wright, G. his fellow marines, Staff Sergeant Taylor, by his indomitable Dally Lawless Rooney Wright, M. DeLuca Lederer Ross Yewcic courage, inspiring leadership and selfless dedication, upheld the Dermody Leh Rubley Youngblood highest traditions of the Marine Corps and of the United States DeWeese Lescovitz Ruffing Zug Naval Service. DiGirolamo Lewis Sainato (b) Designation authorized.–The interchange, Exit 44, at Route 136 Diven Lucyk Samuelson and Dry Run Road in Washington County is hereby designated and shall Donatucci Lynch Santoni Ryan, hereafter be known as the Staff Sergeant Karl Gorman Taylor, Sr., Eachus Mackereth Sather Speaker Interchange in recognition of the Medal of Honor recipient. (c) Signs.–The Pennsylvania Turnpike Commission shall erect NAYS–0 appropriate signs at the interchange displaying the designation under subsection (b). NOT VOTING–0 On the question, EXCUSED–4 Will the House agree to the amendment?

Levdansky Myers Yudichak Zimmerman The SPEAKER pro tempore. On that question, the Chair recognizes Mr. Lescovitz. Mr. LESCOVITZ. Thank you, Mr. Speaker. The majority having voted in the affirmative, the question was Mr. Speaker, last Friday afternoon at the dedication of part of determined in the affirmative and the amendment was agreed to. the Mon/Fayette Expressway in Washington County and Allegheny County, I had the pleasure of presenting a citation and On the question recurring, meeting with the family of S. Sgt. Karl Gorman Taylor to Will the House agree to the bill on third consideration as designate an interchange, No. 44 on that highway, in his name. amended? Mr. Taylor was a Vietnam veteran and died on December 8, 1968, helping to save the lives of many of the men in his company. Mr. LESCOVITZ offered the following amendment No. I would appreciate an affirmative vote in recognition of A1450: Staff Sergeant Taylor in designating this intersection in his name. Thank you. Amend Title, page 1, line 2, by removing the period after The SPEAKER pro tempore. The Chair thanks the gentleman. “Highway” and inserting ; and designating the interchange, Exit 44, at Route 136 and Dry Run Road in Washington County as the Staff Sergeant Karl Gorman Taylor, On the question recurring, Sr., Interchange. Will the House agree to the amendment? The following roll call was recorded: Amend Sec. 1, page 1, line 5, by striking out all of said line and inserting YEAS–197 Section 1. Yohogania County Courthouse Highway. (a) Designation authorized.–The Mon/Fayette Expressway, Adolph Egolf Maher Saylor State Route 43, Allen Evans, D. Maitland Schroder Amend Sec. 2, page 1, line 9, by striking out “Section 2.” and Argall Evans, J. Major Schuler inserting Armstrong Fairchild Manderino Scrimenti Baker, J. Feese Mann Semmel (b) Signs.– Baker, M. Fichter Markosek Shaner Amend Bill, page 1, by inserting between lines 10 and 11 Bard Fleagle Marsico Smith, B. Section 2. Staff Sergeant Karl Gorman Taylor, Sr., Interchange. Barrar Flick Mayernik Smith, S. H. (a) Findings.– Bastian Forcier McCall Solobay (1) On December 8, 1968, in the Republic of Vietnam, Bebko-Jones Frankel McGeehan Staback 704 LEGISLATIVE JOURNAL—HOUSE APRIL 17

Belardi Freeman McGill Stairs in both Washington County and the Allegheny County and Belfanti Gabig McIlhattan Steelman Washington County line, Tom had set up a program for Benninghoff Gannon McIlhinney Steil Birmelin Geist McNaughton Stern 10 Congressional Medal of Honor winners. Tom was the emcee of Bishop George Melio Stetler that program. He had prepared our scripts, and he then on Sunday Blaum Godshall Metcalfe Stevenson, R. had a dinner for the families. Boyes Gordner Michlovic Stevenson, T. I think it is a wonderful thing that Representative Michlovic has Brooks Grucela Micozzie Strittmatter Browne Gruitza Miller, R. Sturla done. Tom Michlovic is our hero from Vietnam in the House, even Bunt Habay Miller, S. Surra though he does not like to acknowledge the fact of his efforts, that Butkovitz Haluska Mundy Tangretti he was decorated during the Vietnam war, and I wanted to make Buxton Hanna Nailor Taylor, E. Z. those comments on the record, Mr. Speaker, as part of the Caltagirone Harhai Nickol Taylor, J. final passage of HB 2296, and I think the House owes Cappelli Harhart O’Brien Thomas Casorio Harper Oliver Tigue Tom Michlovic a round of applause. Cawley Hasay Pallone Travaglio The SPEAKER pro tempore. The Chair thanks the gentleman. Civera Hennessey Perzel Trello Clark Herman Petrarca Trich On the question recurring, Clymer Hershey Petrone Tulli Cohen, L. I. Hess Phillips Turzai Shall the bill pass finally? Cohen, M. Horsey Pickett Vance The SPEAKER pro tempore. Agreeable to the provisions of the Colafella Hutchinson Pippy Veon Constitution, the yeas and nays will now be taken. Coleman Jadlowiec Pistella Vitali Cornell James Preston Walko Corrigan Josephs Raymond Wansacz The following roll call was recorded: Costa Kaiser Readshaw Washington Coy Keller Reinard Waters YEAS–197 Creighton Kenney Rieger Watson Cruz Kirkland Roberts Williams, J. Adolph Egolf Maher Saylor Curry Krebs Robinson Wilt Allen Evans, D. Maitland Schroder Dailey LaGrotta Roebuck Wojnaroski Argall Evans, J. Major Schuler Daley Laughlin Rohrer Wright, G. Armstrong Fairchild Manderino Scrimenti Dally Lawless Rooney Wright, M. Baker, J. Feese Mann Semmel DeLuca Lederer Ross Yewcic Baker, M. Fichter Markosek Shaner Dermody Leh Rubley Youngblood Bard Fleagle Marsico Smith, B. DeWeese Lescovitz Ruffing Zug Barrar Flick Mayernik Smith, S. H. DiGirolamo Lewis Sainato Bastian Forcier McCall Solobay Diven Lucyk Samuelson Bebko-Jones Frankel McGeehan Staback Donatucci Lynch Santoni Ryan, Belardi Freeman McGill Stairs Eachus Mackereth Sather Speaker Belfanti Gabig McIlhattan Steelman Benninghoff Gannon McIlhinney Steil NAYS–0 Birmelin Geist McNaughton Stern Bishop George Melio Stetler Blaum Godshall Metcalfe Stevenson, R. NOT VOTING–0 Boyes Gordner Michlovic Stevenson, T. Brooks Grucela Micozzie Strittmatter EXCUSED–4 Browne Gruitza Miller, R. Sturla Bunt Habay Miller, S. Surra Levdansky Myers Yudichak Zimmerman Butkovitz Haluska Mundy Tangretti Buxton Hanna Nailor Taylor, E. Z. Caltagirone Harhai Nickol Taylor, J. Cappelli Harhart O’Brien Thomas The majority having voted in the affirmative, the question was Casorio Harper Oliver Tigue determined in the affirmative and the amendment was agreed to. Cawley Hasay Pallone Travaglio Civera Hennessey Perzel Trello Clark Herman Petrarca Trich On the question recurring, Clymer Hershey Petrone Tulli Will the House agree to the bill on third consideration as Cohen, L. I. Hess Phillips Turzai amended? Cohen, M. Horsey Pickett Vance Bill as amended was agreed to. Colafella Hutchinson Pippy Veon Coleman Jadlowiec Pistella Vitali The SPEAKER pro tempore. This bill has been considered on Cornell James Preston Walko three different days and agreed to and is now on final passage. Corrigan Josephs Raymond Wansacz The question is, shall the bill pass finally? Costa Kaiser Readshaw Washington Coy Keller Reinard Waters (The bill analysis was read.) Creighton Kenney Rieger Watson Cruz Kirkland Roberts Williams, J. Curry Krebs Robinson Wilt The SPEAKER pro tempore. On the question of final passage, Dailey LaGrotta Roebuck Wojnaroski the Chair recognizes the gentleman, Mr. Daley. Daley Laughlin Rohrer Wright, G. Mr. DALEY. Thank you, Mr. Speaker. Dally Lawless Rooney Wright, M. DeLuca Lederer Ross Yewcic I just want at this time for all the members to publicly Dermody Leh Rubley Youngblood acknowledge the efforts of Representative Tom Michlovic. DeWeese Lescovitz Ruffing Zug Last Friday when we dedicated the Mon/Fayette Expressway DiGirolamo Lewis Sainato 2002 LEGISLATIVE JOURNAL—HOUSE 705

Diven Lucyk Samuelson THE SPEAKER (MATTHEW J. RYAN) Donatucci Lynch Santoni Ryan, Eachus Mackereth Sather Speaker PRESIDING

NAYS–0 LEAVES OF ABSENCE

NOT VOTING–0 The SPEAKER. The Chair returns to leaves of absence and recognizes the majority whip, who requests that the lady, EXCUSED–4 Ms. HARPER, be placed on leave for the balance of today’s session. Levdansky Myers Yudichak Zimmerman The minority whip is recognized. He requests that Representative WASHINGTON and Representative ROBERTS be placed on leave for the balance of the day’s session. The majority required by the Constitution having voted in the Without objection, leaves will be granted. The Chair hears affirmative, the question was determined in the affirmative and the none. bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence. COMMUNICATIONS FROM GOVERNOR

BILL REPORTED FROM COMMITTEE, APPROVAL OF HOUSE BILLS CONSIDERED FIRST TIME, AND TABLED The Speaker laid before the House communications in writing HB 2402, PN 3721 (Amended) By Rep. STAIRS from the office of His Excellency, the Governor of the Commonwealth, advising that the following House bills had been An Act amending Title 24 (Education) of the Pennsylvania approved and signed by the Governor: Consolidated Statutes, providing for certain employment by annuitants.

HB 1536, HB 1923, and HB 2129. EDUCATION.

REPUBLICAN CAUCUS ACTUARIAL NOTE The SPEAKER pro tempore. The Chair recognizes the caucus The SPEAKER. The Chair acknowledges receipt of an chairman, Representative Feese. actuarial note for amendment 1770 to HB 27, PN 616. Mr. FEESE. Thank you, Mr. Speaker.

Mr. Speaker, the Republicans will caucus this afternoon. (Copy of actuarial note is on file with the Journal clerk.) We are not sure of the exact time. We expect it will be around

2 o’clock. However, we will announce it over the intercom system as well as through e-mail. We are waiting for some legislation from the Senate, and we also anticipate that we will have a late SENATE MESSAGE afternoon or possibly into the early evening hours. AMENDED HOUSE BILL RETURNED FOR CONCURRENCE AND DEMOCRATIC CAUCUS REFERRED TO COMMITTEE ON RULES

The SPEAKER pro tempore. Any other announcements? The The clerk of the Senate, being introduced, returned HB 1935, Chair recognizes Representative Cohen. PN 3725, with information that the Senate has passed the same Mr. COHEN. Mr. Speaker, the Democrats will caucus with amendment in which the concurrence of the House of immediately upon the call of recess. We will have one or two bills Representatives is requested. to go over plus informal discussions.

SENATE MESSAGE RECESS AMENDED SENATE BILL RETURNED The SPEAKER pro tempore. This House will stand in recess FOR CONCURRENCE AND until the call of the Chair, but we do not anticipate coming back REFERRED TO COMMITTEE ON RULES until 4 or 5 o’clock this afternoon.

The clerk of the Senate, being introduced, informed that the Senate has concurred in the amendments made by the House of AFTER RECESS Representatives by amending said amendments to SB 907, PN 1907. The time of recess having expired, the House was called to Ordered, That the clerk present the same to the House of order. Representatives for its concurrence.

706 LEGISLATIVE JOURNAL—HOUSE APRIL 17

LEAVE OF ABSENCE An Act designating a portion of SR 11 in Salem Township, Luzerne County, as Salem Boulevard; a portion of US Route 119 in Indiana County as the Patrick J. Stapleton Memorial Highway; a portion The SPEAKER. The Chair returns to leaves of absence. of State Route 413 between its intersection with State Route 13 The minority whip requests the gentleman from Delaware, and US Route 1 in Middletown Township, Bucks County, as Mr. KIRKLAND, be placed on leave for the balance of today’s Veterans Highway; a section of SR 1011 in Clearfield, Cameron and Elk session. Without objection, the leave is granted. The Chair hears Counties as the Quehanna Highway; the North George Street Bridge in the City of York, York County, as the Governor George M. Leader no objection. Bridge; and the ramp from the I-279S HOV lane to Anderson Street in Allegheny County as Cigna’s Way. BILL SIGNED BY SPEAKER RULES. Bill numbered and entitled as follows having been prepared for presentation to the Governor, and the same being correct, the title SUPPLEMENTAL CALENDAR D was publicly read as follows:

SB 705, PN 1860 BILL ON CONCURRENCE IN SENATE AMENDMENTS An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for integrated pest The House proceeded to consideration of concurrence in management programs in schools. Senate amendments to HB 2545, PN 3726, entitled:

Whereupon, the Speaker, in the presence of the House, signed An Act apportioning this Commonwealth into congressional districts the same. in conformity with constitutional requirements; providing for the nomination and election of Congressmen; requiring publication of notice of the establishment of congressional districts following the Federal SENATE MESSAGE decennial census; imposing duties on the Secretary of the Commonwealth and the Legislative Reference Bureau; and making repeals. AMENDED HOUSE BILL RETURNED FOR CONCURRENCE AND On the question, REFERRED TO COMMITTEE ON RULES Will the House concur in Senate amendments?

The clerk of the Senate, being introduced, returned HB 2545, PARLIAMENTARY INQUIRY PN 3726, with information that the Senate has passed the same with amendment in which the concurrence of the House of The SPEAKER. On the question, Mr. Vitali, do you desire Representatives is requested. recognition? Mr. VITALI. Parliamentary inquiry. The SPEAKER. State your parliamentary inquiry. RULES COMMITTEE MEETING Mr. VITALI. The length of time the rules require for the House The SPEAKER. The Chair recognizes the majority leader, who to consider a bill which has come over from the Senate on calls for an immediate meeting of the Rules Committee. concurrence, is that an hour? The SPEAKER. It is 1 hour, and the hour is up in 15 minutes, and I thought there would be 15 minutes’ worth of debate before BILLS ON CONCURRENCE we run it on final roll call. If there is not and you request it, REPORTED FROM COMMITTEE I will move to suspend the rules, or we will go in recess for 5 or 10 minutes. HB 1935, PN 3725 By Rep. PERZEL Mr. VITALI. My concern is, I do not know when it— I would suspect around 10 o’clock the Senate passed this, and I have no An Act providing for a commercial downtown enhancement program to be administered by the Department of Community and Economic problems with waiting. I do not need to wait the full hour. I have Development. an amendment drafted to the previous printer’s number. I just want RULES. to make sure I have enough time for it to come down to this printer’s number so I can make argument on that. That is my only HB 2545, PN 3726 By Rep. PERZEL real concern here. The SPEAKER. That is a concern that is worth having. An Act apportioning this Commonwealth into congressional districts Mr. Vitali, would you come to the desk. in conformity with constitutional requirements; providing for the nomination and election of Congressmen; requiring publication of notice (Conference held at Speaker’s podium.) of the establishment of congressional districts following the Federal decennial census; imposing duties on the Secretary of the Commonwealth and the Legislative Reference Bureau; and making repeals. The SPEAKER. On the question of concurrence, Mr. DeWeese, on concurrence. There is no one standing up but you, and— Oh, I RULES. am sorry. Ms. Josephs. Forgive me. Ms. Josephs. Ms. JOSEPHS. Mr. Speaker, when I stand up, I am practically SB 907, PN 1907 By Rep. PERZEL the same height as when I sit down, so you are forgiven. The SPEAKER. Thank you. 2002 LEGISLATIVE JOURNAL—HOUSE 707

Ms. JOSEPHS. You are welcome. “Dr. Memmi testified that he was in charge of drawing up the map I am standing up here, Mr. Speaker, at this late hour to urge a that became Act 1. He further stated that he drew the map under “no” vote from all of us on the concurrence of HB 2545. the direct supervision of the Republican leadership. He began I am speaking because I have urged this before upon the manipulating the map...to get the deviations lower. However, once members of the State Government Committee and before you as he reached the point of a nineteen-person deviation, he was told to well. The days have now all merged together. I do not remember stop manipulating the map....” Now, here I am skipping some text, when the last time it was that I stood up here and urged a in the interest of time. “no” vote, but I remember doing it. “No other witnesses,” the court goes on, “no other witnesses The SPEAKER. Ms. Josephs, please suspend for a moment. were called by the Defendants” – Republicans – “to explain why There are entirely too many conversations going on on the Dr. Memmi was told to stop manipulating the map. floor. Ms. Josephs has the floor. The conversations taking place “We find this testimony to be in clear violation of the between the third and fourth section, please cease. Supreme Court’s” – U.S. Supreme Court’s – “express goal of Ms. Josephs. getting as close as possible to zero deviation when drawing Ms. JOSEPHS. Thank you, Mr. Speaker. congressional districts,” and follow some authority, as legal briefs As I have been saying, as I was saying, I have urged a “no” do. vote before when I spoke to the full House yesterday, whatever On another page, the court said, “We find...the Defendants’ day it was, and I am doing that again for the same reasons. arguments”– the Republicans’ arguments – “on this point” – and I believe that this bill, the contents of this bill, the districts as the point they are talking about is the splitting of precincts – “we they were drawn, even with this amendment, continue to be find…the Defendants’ arguments…are a mere pretext.” unconstitutional, under the district court ruling, and that as And in another point, “The logical inconsistency” – and what members, we have sworn to uphold the Constitution not only of they were referring to at that stage was using census blocks rather our Commonwealth but of our country, and that we will be than precincts, because, of course, census blocks are smaller, and violating our oath if we vote for this bill. That is my first point. if you use them, you end up with split precincts – “the logical My second point is, I read the decision or at least the majority inconsistency” – of using census blocks – “is so deep that it causes decision that was issued by the district court, and I hope it is only us to pause and consider the sincerity of such proffer” – the the majority decision. It is only 11 pages long, and it is not in sincerity of the defendant Republicans. legalese. It is quite easy to read for a person who, like all of us, “In summation,” they say, the opinion says, “it has been whether or not we are lawyers, has some experience with the conclusively proven” – by the plaintiff’s witnesses and by the legislative process and has looked, either directly or indirectly, at defendant’s witnesses – “that it is possible to draw a congressional court decisions. And if we were meeting at 4 or 5 in the afternoon, district map with zero population deviation amongst districts maybe I would read the whole thing out, because it is really without splitting any precincts.” interesting, but never fear, I have no intention of doing anything I would not say this about the people who serve with me in this like that. great General Assembly. I do not think anybody else would I hope that this decision is on the record, and if not, I would like characterize their motives and their actions in this way, who serves to submit it. I do not know what the procedure is, but I would in this government, but some observers might say, looking at this appreciate the Speaker enlightening me. opinion and considering the evidence, that the Federal court, The SPEAKER. The lady, at the conclusion of her remarks, three judges, two to one, two of the Federal judges, said the should give the record that you want to one of the pages. They will Republicans lied. bring it up, and the reporter will see to it that it is annexed to the The court goes on also to say, based on a Supreme Court Journal. decision called Karcher, “However, it is on Karcher’s final Ms. JOSEPHS. Thank you. endorsed neutral criteria – the avoidance of contests between Not only do I believe that this is an unconstitutional bill which incumbents – that Act 1 fails most miserably.” we should not support and not violate our oaths, but I also believe This Federal court has said that the Republican defendants were that what we are passing here is going to go back to that court and not truthful, that they purposely misled, that they drew a map that that court is going to declare it also unconstitutional, and I get that they knew would violate the Constitution, and that it failed miserably in being fair. I do not think, I am sure, that if we send feeling from reading the decision, which I said is very simple to them back something that does not repair those very serious read. accusations, those very serious findings, Federal courts do not There is a sentence in this decision that says, “The evidence write down words that they do not mean. conclusively demonstrates that this population deviation” – The SPEAKER. Ms. Josephs. referring to the 19-person deviation – “was avoidable.” Federal Ms. JOSEPHS. I am almost finished, sir. courts do not make decisions, do not say things lightly. The SPEAKER. Ms. Josephs, well, let me make a comment for The same Federal court says, “Nor can the deviation contained the benefit of not only you as a speaker but others who are in Act 1” – which, as we all know, was SB 1200 – “nor can the speaking. deviation...be excused based upon the good faith of the What we have before us is a bill on concurrence, so under the Defendants” – the Republicans. “Indeed, we find that the rules of the House, the debate is restricted to the differences testimony of defense witness Dr. John Memmi satisfies the between the House version that went over and the Senate version Plaintiff’s burden...” – the Democrats. The witness called by the that came back, rather than reinventing the wheel and going back defendant Republicans, evidence was used against them and in into Act 1, which really has nothing to do with this. favor of the plaintiff Democrats. That is fairly unusual, in my Ms. JOSEPHS. The differences between the bill as it went over experience. to the Senate and as it came back, according to the Federal court, 708 LEGISLATIVE JOURNAL—HOUSE APRIL 17 are going to be zero, and they are going to declare this again What this amendment would do would be, if the congressional unconstitutional, and I do not think anybody ought to be voting for election were required to be held beyond May 21, that that election it. I do not think our voters want to put up with this kind of would be held by mail. The amendment is modeled after the nonsense, and if you think anything about your oath of office, you Oregon statute, which has been very successful. will vote “no” on this. The beauty of this amendment is, it solves a very difficult Thank you, Mr. Speaker. problem we have. What it would do would be allow us to keep all The SPEAKER. The Chair thanks the lady. of the elections as is with the exception of the congressional race but also would allow that congressional race to be conducted, one, OPINION AND ORDER OF THE COURT in a low-cost manner and, two, with a voter turnout higher than would be expected by a conventional election. Three, it also solves SUBMITTED FOR THE RECORD the problem of, if we need to have an election other than May 21, Ms. JOSEPHS submitted the Opinion and Order of the Court finding polling places, which might not be available. for the Legislative Journal. Mr. Speaker, the Oregon experience and the experience of other States have shown that voting by mail results in higher turnout and (For Opinion and Order of the Court, see Appendix.) it is also done at a fraction of the cost, because you save the cost of paying these polling workers. What this amendment would do The SPEAKER. The gentleman, Mr. Cohen, on concurrence. would be allow the counties, the individual counties, to administer Mr. COHEN. Thank you, Mr. Speaker. the process. The counties would print the ballots, mail the ballots This bill as amended has good news and bad news. The good out, and count these ballots. news is that with the passage of this bill, our State will not be held I think beyond this narrow issue, it would allow us – and I am in contempt of court. This amendment is in narrow technical just about finished – it would allow us, in a very controlled and compliance with the court order but only the most narrow and most limited fashion, to test an experiment, an experiment that is very technical compliance. The question is, is narrow technical progressive in its nature and, if successful, might move compliance good enough? Is it good enough for our constituents? Pennsylvania forward into that group of other States who have Is it good enough for us? Is it good enough for the district court, successfully executed a vote-by-mail program. the Third Circuit Court of Appeals, and the U.S. Supreme Court? I So I would for that reason ask for a rules suspension to allow think it is not good enough. this amendment to be considered. Thank you. The district court has indicated that we have erred in needlessly The SPEAKER. The Chair thanks the gentleman. merging the districts of incumbent members. The district court has indicated that we have erred by putting the districts together in a On the question, manner that seriously disadvantages the rights of Democratic Party Will the House agree to the motion? members and Democratic Party incumbents. The one thing that is good about this bill is that by so narrowly The SPEAKER. Mr. Perzel, on the question of suspension of changing the original bill, by limiting the changes to a tiny fraction the rules. of the electorate in only 4 of the 19 congressional districts and Mr. PERZEL. Mr. Speaker, I realize that the gentleman is leaving 15 congressional districts totally unchanged, this bill trying to do something that probably has merit, but at this late date, totally undermines the arguments for having another primary I do not think it would be very fair to expect the members of the sometime after May 21. I do not see how anybody in the House of Representatives here, the State Senators here, the Republican Party or anywhere else can argue that we need to move gentlemen that are running for Governor, to be elected in one the primary back after passing this bill. election by electors that go to the polls and then have our Congress But this bill is not good enough. It is at best extremely technical people elected by a second set of electors who would do it by mail. compliance. It is at best only borderline constitutional. This bill And I do not know, unless the postage rates have gone down, I do will only entrench us in litigation for the rest of this year. It may not know how much cheaper it would be. entrench us in litigation throughout the entire 10-year cycle that So, Mr. Speaker, for those reasons I would respectfully ask the this reapportionment plan is in effect. members to please vote “no” on the suspension of the rules. I strongly urge that we vote “no” on concurrence in HB 2545. On the question recurring, The SPEAKER. The Chair thanks the gentleman. Will the House agree to the motion?

The following roll call was recorded: MOTION TO SUSPEND RULES YEAS–82 The SPEAKER. Mr. Vitali. Mr. VITALI. Thank you, Mr. Speaker. Belardi Frankel McCall Solobay I rise to move to suspend the House rules for the consideration Belfanti Freeman McGeehan Staback of amendment A1806. What this amendment would do would be Bishop George Melio Steelman Blaum Grucela Michlovic Stetler that if— Caltagirone Gruitza Mundy Sturla The SPEAKER. Will the gentleman yield one moment. Casorio Haluska Oliver Surra Mr. DeWeese, I assume you are yielding to the gentleman, Cohen, M. Hanna Pallone Tangretti Mr. Vitali, on the question of suspension. Colafella Harhai Petrarca Thomas Corrigan Horsey Petrone Travaglio Mr. Vitali. Costa James Pistella Trello Mr. VITALI. Thank you, Mr. Speaker. Coy Josephs Preston Trich 2002 LEGISLATIVE JOURNAL—HOUSE 709

Cruz Keller Readshaw Veon Courier Times offered a paean of praise to our jurisprudential Curry LaGrotta Rieger Vitali colleagues on the Federal bench when it said that, quote, a panel Daley Laughlin Robinson Walko DeLuca Lawless Roebuck Wansacz of Federal judges “…did the right thing….” Dermody Lederer Rooney Waters That clarion call from the United States court should have been DeWeese Lescovitz Sainato Williams, J. a manifesto for the Republicans in this building to stop, to cease, Diven Lucyk Samuelson Wojnaroski to desist. But yet, as my colleague, the gentlelady from Donatucci Manderino Santoni Wright, G. Eachus Mann Shaner Youngblood Philadelphia, who spoke so eloquently a few moments ago, has Evans, D. Markosek asserted, the changes that we are about to concur or nonconcur upon have been gossamer thin. Like a diaphanous nightgown on a NAYS–108 demimondaine, you can see right through them. I cannot fathom, I cannot fathom, the lack of rigorous Adolph DiGirolamo Lynch Sather constitutional scrutiny by my Republican schismatics. I cannot Allen Egolf Mackereth Saylor fathom how casual, how nonchalant, how shambolic, all of you Argall Evans, J. Maher Schroder Armstrong Fairchild Maitland Schuler have been in regard to your duty, your constitutional duty, to be Baker, J. Feese Major Scrimenti fair. That is a monosyllabic that I happen to be quite fond of – fair. Baker, M. Fichter Marsico Semmel You continue to tear and trample and demolish your constitutional Bard Fleagle Mayernik Smith, B. obligation. Barrar Flick McGill Smith, S. H. Bastian Forcier McIlhattan Stairs Mr. Speaker, somewhere in the writings of St. Augustine in the Benninghoff Gabig McIlhinney Steil fourth century of the Christian era, when he was admonishing the Birmelin Gannon McNaughton Stern Roman church as to its most lofty goal, he said, and I quote, Boyes Geist Metcalfe Stevenson, R. “We are to teach kings how to rule for the benefit of their people.” Brooks Godshall Micozzie Stevenson, T. Browne Gordner Miller, R. Strittmatter The words of St. Augustine, Mr. Speaker, have been gainsaid Bunt Habay Nailor Taylor, E. Z. tonight if this measure is concurred in – not only the United States Butkovitz Harhart Nickol Taylor, J. Constitution but the words of St. Augustine. Buxton Hasay O’Brien Tigue I thought you would have all known better, but I have to believe Cappelli Hennessey Perzel Tulli that you are continually flawed by a fatal self-indulgence. Nobody Cawley Herman Phillips Turzai Civera Hershey Pickett Vance is fooling anybody. There is a sterling chance that this proposal Clark Hess Pippy Watson will be rejected by the United States courts, that echelon of Clymer Hutchinson Raymond Wilt government that supersedes our Commonwealth. Cohen, L. I. Jadlowiec Reinard Wright, M. Bill Greenlee and Stan Rapp’s well-read, local little gazette Coleman Kaiser Rohrer Zug Cornell Kenney Ross offered this morning that the State Senate today is expected to Creighton Krebs Rubley make some minor alterations. The Capitol Wire offered today Dailey Leh Ruffing Ryan, from Senator David Brightbill, my honorable colleague from Dally Lewis Speaker Lebanon County, as they say over there, the proposal will be tweaked. Minor alterations; tweaking. But then the NOT VOTING–3 Honorable Brightbill had the opportunity to be even more

Bebko-Jones Miller, S. Yewcic disingenuous when he said, we are doing the best we can. No one embraces those observations as being credible. This is a baldly EXCUSED–8 partisan maneuver, and hopefully it will run into the proverbial roadblock in the United States courts. Harper Levdansky Roberts Yudichak Now, obviously, we would have had someone to parry and halt Kirkland Myers Washington Zimmerman these aggressions. As I have said on this floor before and I will say again, on the night that Governor Ridge was chosen by our esteemed President to be the Director of Homeland Security, Less than a majority of the members required by the rules Mr. Veon and I both received calls from Governor Schweiker, now having voted in the affirmative, the question was determined in the no longer Lieutenant Governor but His Excellency, the negative and the motion was not agreed to. chief superintendent of our Commonwealth, and he said, “Bill, Mike, we’re not Democrats or Republicans anymore; On the question recurring, we’re Pennsylvanians.” But when his palsied hand puts his Will the House concur in Senate amendments? signature on this proposal, it will be a preeminently Republican signature. His imprimatur will stink in the nostrils of heaven, and The SPEAKER. I see no members seeking recognition other we will no longer be just Pennsylvanians; he will shine, he will than the two floor leaders. Mr. DeWeese. shine as a Republican stalwart when he signs that bill on his big Mr. DeWEESE. Thank you very much, Mr. Speaker. mahogany desk. This malevolent map is a marvel of idiosyncratic fullness. The The Republican Party in Pennsylvania, in case no one has been clever and cavalier cartography of our Republican confederates noticing – I think Mr. Travaglio certainly has noticed – but we have given us a loathsome expedient. There is not one atomic have two United States Senators, an Attorney General, a Treasurer, particle of fairness. This is a shameless and brazen hatchet job. Governor, Lieutenant Governor, State Senate, and State House, It has the taint of sordid greed. whose hegemony is in the quixotic embrace of the GOP. So when I am not the only one, Mr. Speaker, that has these profoundly young Casper here decides to craft our map, at our own advice and passionate perspectives upon this proposal. The Bucks County asking, we gave you gentlemen and ladies a majority; 710 LEGISLATIVE JOURNAL—HOUSE APRIL 17

21 congressional seats go to 19, and we say – and this is what we We told you before that Gore carried 10 of these districts and are thinking about concurring for or against – we say, okay, Bush carried 9 of these congressional districts, Mr. Speaker. The the Republicans are running the show in Harrisburg; the only major change that we made from the last map to this map is Honorable Mr. Ryan from Delaware County is at the dais, in we did try to help out the senior Congressman from the charge of the House; Mr. Jubelirer, Mr. Brightbill, et al., Commonwealth of Pennsylvania, Congressman Murtha, and we are in charge of the Senate. So we back up and say, okay; made his district a little bit more Democrat, Mr. Speaker, so that 19 U.S. congressional Representatives, down by the was the major change. broad-bosomed banks of the Potomac, 19; we will give the So I am asking the members to please vote in the affirmative on Republicans 10; we will take 9. You lose one; we lose one. this concurrence, Mr. Speaker. That was not good enough. I had a DI (drill instructor) at boot camp in the Marine Corps On the question recurring, whose favorite phrase was, “Good enough ain’t good enough.” Will the House concur in Senate amendments? And although I do not remember seeing some of you folks down The SPEAKER. Agreeable to the provisions of the there, you have taken that advice. This is political rapine. This is Constitution, the yeas and nays will now be taken. not fair play, and the United States courts and Federal case law sustain our position, and we are going to be right back where we The following roll call was recorded: started from. The gentlelady from Philadelphia offered that, and I am only trying to inculcate one more time, Mr. Speaker, the YEAS–121 feeling that she is correct. This proposal will segregate voters. Republicans are trying to Adolph Eachus Lewis Ruffing Allen Egolf Mackereth Sainato advance the interests of one party. This proposal fragments Argall Evans, D. Maher Sather Democratic votes around the State, and it ensures that their votes Armstrong Evans, J. Maitland Saylor are worth less than Republican votes. Baker, J. Fairchild Major Schroder A red flag should go up to our brethren and sisters in the court Baker, M. Feese Mann Schuler Bard Fichter Markosek Semmel when they look at Mercer County. Only one precinct was titillated Barrar Fleagle Marsico Smith, B. and molested, and that was the precinct of Mr. Gruitza, our own Bastian Flick Mayernik Smith, S. H. colleague here in the House, to make sure that he would not be Benninghoff Forcier McGill Stairs involved in that congressional district. Birmelin Gabig McIlhattan Steil People are losing interest in our governance. Only one-half of Blaum Gannon McIlhinney Stern Boyes Geist McNaughton Stetler Pennsylvania’s citizenry are registered to vote. Only one-half of Brooks Godshall Melio Stevenson, R. those that are registered vote with regularity. People are slipping Browne Gordner Metcalfe Stevenson, T. away. Bunt Habay Micozzie Strittmatter Yogi Berra, someone we have all heard of and someone we all Butkovitz Harhart Miller, R. Taylor, E. Z. Cappelli Hasay Nailor Taylor, J. admire, said that if people do not want to come out to the ball park, Civera Hennessey Nickol Thomas how are we going to stop them? If people do not want to vote, how Clark Herman O’Brien Tulli are we going to stop them? Clymer Hershey Perzel Turzai This chicanery, this maneuvering, this terpsichorean fandango, Cohen, L. I. Hess Petrarca Vance Coleman Horsey Phillips Watson that you folks have foisted upon your fellow citizenry is an Cornell Jadlowiec Pickett Wilt embarrassment of the first magnitude, but, Mr. Speaker, we are Costa James Pippy Wright, M. wakefully alert and we will confute this false argument. Creighton Kaiser Pistella Youngblood Democratic howls of indignation are justified, because we are clad Cruz Keller Raymond Zug in the armor of a righteous cause. Dailey Kenney Reinard Dally Krebs Rieger In conclusion, Mr. Speaker, in the wonderfully evocative phrase DiGirolamo LaGrotta Ross Ryan, of Charles Baudelaire, a talented French writer of long ago, this Diven Lederer Rubley Speaker proposal that I will ask for a nonconcurrence vote in – and this is one of the more piquant phrases in my repertoire – is the NAYS–72 phosphorescence of putrescence. Thank you. The SPEAKER. Mr. Perzel. Bebko-Jones Frankel McGeehan Staback Belardi Freeman Michlovic Steelman Mr. PERZEL. Mr. Speaker, thank you. Belfanti George Miller, S. Sturla I will try to be brief. Bishop Grucela Mundy Surra Our plan – and I am going to state this again, Mr. Speaker – has Buxton Gruitza Oliver Tangretti seven districts with GOP registration majorities, seven districts Caltagirone Haluska Pallone Tigue with Democrat registration majorities, five districts where neither Casorio Hanna Petrone Travaglio Cawley Harhai Preston Trello party has a majority of the registered voters – three with GOP Cohen, M. Hutchinson Readshaw Trich plurality, two with Democrat plurality. I guess what the gentleman Colafella Josephs Robinson Veon is saying, Mr. Speaker, is that they cannot win competitive Corrigan Laughlin Roebuck Vitali districts, because we have made it as competitive as we possibly Coy Lawless Rohrer Walko Curry Leh Rooney Wansacz can – seven R, seven D; three majority GOP, two majority Daley Lescovitz Samuelson Waters Democrat Party. That is what the gentleman said he would have DeLuca Lucyk Santoni Williams, J. accepted; that is what we did with this map, Mr. Speaker. Dermody Lynch Scrimenti Wojnaroski DeWeese Manderino Shaner Wright, G. 2002 LEGISLATIVE JOURNAL—HOUSE 711

Donatucci McCall Solobay Yewcic IN SENATE AMENDMENTS

NOT VOTING–0 The House proceeded to consideration of concurrence in Senate amendments to HB 27, PN 3727, entitled: EXCUSED–8 An Act amending Titles 24 (Education) and 71 (State Government) Harper Levdansky Roberts Yudichak of the Pennsylvania Consolidated Statutes, further providing for Kirkland Myers Washington Zimmerman creditable nonschool service, for election to become a Class T-D member, for actuarial cost method and for termination of annuities; providing for supplemental annuities commencing 2002 and 2003; further providing for The majority required by the Constitution having voted in the payment of benefits, for annuity reserve account and for the definitions of “creditable nonstate service,” “State employees,” “State service” and affirmative, the question was determined in the affirmative and the “total accumulated deductions”; providing for notice to members; amendments were concurred in. further providing for mandatory and optional membership, for credited Ordered, That the clerk inform the Senate accordingly. State service and for retention and reinstatement of service credits; providing for election to convert school service to State service; further providing for creditable nonstate service, for classes of service, for SENATE MESSAGE contributions by the Commonwealth and other employers and for actuarial cost method; providing for transfer of accumulated deductions; AMENDED HOUSE BILL RETURNED further providing for disability annuities; providing for supplemental annuities commencing 2002 and 2003 and for special supplemental FOR CONCURRENCE AND postretirement adjustment of 2002; further providing for duties of the REFERRED TO COMMITTEE ON RULES board to advise and report to heads of departments and members, for duties of the board to report to the Public School Employees’ Retirement The clerk of the Senate, being introduced, returned HB 27, Board, for rights and duties of annuitants, for members’ savings account, for State accumulation account and for supplemental annuity account; and PN 3727, with information that the Senate has passed the same making technical corrections. with amendment in which the concurrence of the House of Representatives is requested. On the question, Will the House concur in Senate amendments? RULES COMMITTEE MEETING The SPEAKER. On the question of concurrence, Mr. Vitali. The SPEAKER. The Chair recognizes Mr. Perzel, who calls for Mr. VITALI. Mr. Speaker, could I just have a brief explanation an immediate meeting of the Rules Committee. of the amendment by its maker? The SPEAKER. The gentleman, Mr. Nickol, do you desire to BILL ON CONCURRENCE stand for interrogation? Mr. NICKOL. Thank you, Mr. Speaker. REPORTED FROM COMMITTEE What the Senate inserted in HB 27 includes a COLA HB 27, PN 3727 By Rep. PERZEL (cost-of-living adjustment) for the retired school and retired State employees. It is a split COLA, the first half which would be given An Act amending Titles 24 (Education) and 71 (State Government) on July 1, 2002, to retirees who retired on or before July 1 of 1990. of the Pennsylvania Consolidated Statutes, further providing for A second phase of the COLA would be delivered on July 1, 2003, creditable nonschool service, for election to become a Class T-D member, to those retirees who retired on July 2 or thereafter, 1990. The for actuarial cost method and for termination of annuities; providing for COLA would be paid for commencing the year after which it is supplemental annuities commencing 2002 and 2003; further providing for payment of benefits, for annuity reserve account and for the definitions of initiated. “creditable nonstate service,” “State employees,” “State service” and It would also change the way the retirement calculations are “total accumulated deductions”; providing for notice to members; calculated for the Public School Employees’ Retirement System, to further providing for mandatory and optional membership, for credited use the exact same method they use in the State Employees’ State service and for retention and reinstatement of service credits; providing for election to convert school service to State service; further Retirement System, and that is, a 5-year smoothing method instead providing for creditable nonstate service, for classes of service, for of the 3-year smoothing method that they use currently. In addition contributions by the Commonwealth and other employers and for to that, it changes the way that the gains and losses are realized for actuarial cost method; providing for transfer of accumulated deductions; that system, to match those in SERS. further providing for disability annuities; providing for supplemental annuities commencing 2002 and 2003 and for special supplemental In addition, it imposes an employer contribution rate floor from postretirement adjustment of 2002; further providing for duties of the here on out of 1 percent from employers for the Public School board to advise and report to heads of departments and members, for Employees’ Retirement System commencing this year; a 1-percent duties of the board to report to the Public School Employees’ Retirement floor commencing July 1, 2004, for the State Employees’ Board, for rights and duties of annuitants, for members’ savings account, Retirement System. for State accumulation account and for supplemental annuity account; and making technical corrections. In addition to that floor, the employer contribution rate in this current fiscal year, it is requiring a recertification by the RULES. Public School Employees’ Retirement System of the contribution rate, which had been set back in December at 5.64. It is going to be recalculated, and the legislation would set a floor at SUPPLEMENTAL CALENDAR E 1.15 percent for this upcoming fiscal year. In addition to that, it requires school districts that have BILL ON CONCURRENCE increased taxes for reason of the increased employer contribution 712 LEGISLATIVE JOURNAL—HOUSE APRIL 17 to roll back those taxes commensurate with what the reduced bring along last fall. contribution will be, and for those school districts who have not Over the last 4 or 5 years, we have breathed confidence into locked in the tax increase, it requires those school districts to take corporate Pennsylvania with over $3 billion in tax cuts. Yet this reduction into account in determining any tax increase in that another cut has been proposed for 2002-2003 in the capital stock school district. and franchise tax. This is money that can be used to fund the In addition to that, it makes a number of minor technical State’s share of the COLA for retirees. Of course, we all know corrections that pick up some changes from Act 9 that had been that. passed in 2001. It increases minimum death benefits eligible for One can easily argue that putting extra money in the hands of annuity from $5,000 to $10,000 for both systems. retirees is likely to stimulate economic recovery, as is further For the State Employees’ Retirement System only, it makes cutting of corporate business taxes. In fact, Governor Ridge’s some changes. There were 13 employees of the Juvenile Court $100 tax rebate last year and President Bush’s $300 rebate both Justice Commission who worked at Shippensburg University, who relied on this argument of consumer-driven stimulus to the used to be on the payroll at Shippensburg University. Nine of economy. It is time to defer further business benefits for a year or those members, because they were employees of the university, two in favor of fulfilling our promise to those in greater need. participated in an alternate retirement plan offered under The plan proposed – half this year and half next year – is not all TIAA-CREF (Teachers Insurance and Annuity Association we had hoped for, but it is a reasonable compromise. Within the College Retirement Equities Fund). They were shifted to the State space of 14 months, it will get all our retirees up to where they payroll. State employees are not allowed to participate in an need to be. The pension fund accounting changes proposed as well alternate retirement plan. This allows the nine members who were will lessen, but not offset, the dramatic pension assessment members of that plan to continue membership in TIAA-CREF. increases owed by local school districts. We will still need to do It also makes some corrections with regard to the transfer of more on that front, but on this issue, we have got a valuable certain employees from the Department of Education to the improvement that deserves our support, and I ask for an Department of Corrections. Department of Corrections employees affirmative vote, Mr. Speaker. have a retirement age of 50. Department of Education employees The SPEAKER. The Chair thanks the gentleman. have a retirement age of 60. It makes certain corrections to adjust I see no other members seeking recognition. Mr. DeWeese, for that in retirement calculations. the Democratic floor leader, do you wish to be recognized on this? That essentially covers most of the points, I believe, in the bill. Mr. Perzel, do you wish to be recognized on this? Mr. VITALI. Thank you, Mr. Speaker. Mr. DeWEESE. Mr. Speaker? The SPEAKER. The gentleman, Mr. Sturla. The SPEAKER. Mr. DeWeese. I am sorry. Mr. STURLA. Thank you, Mr. Speaker. Mr. DeWEESE. I would just ask for an affirmative vote. Will the gentleman from York rise for brief interrogation? The SPEAKER. Thank you. The SPEAKER. The gentleman indicates he will stand for The question before the House is, will the House concur in the interrogation. You may begin. amendments inserted by the Senate? On that question, those voting Mr. STURLA. Thank you, Mr. Speaker. to concur will vote “aye”— Mr. Speaker, when word of this type of legislation first appeared in the newspaper, I got a call from a teacher who was PARLIAMENTARY INQUIRY concerned that in that smoothing effect that you talked about, that we were going to take their salaries that we calculate their The SPEAKER. Mr. Belfanti, do you desire recognition on pensions off of and use 5 years for that, and I tried to assure them concurrence? that it was simply the performance of the fund that we were Mr. BELFANTI. Yes, Mr. Speaker. smoothing over a 5-year period, not their pay calculation; that that Point of parliamentary inquiry. It relates, to a degree, to what would still remain over 3 years. Is that correct? Can you elaborate the gentleman, Mr. Vitali, asked some time ago. on that a little bit so that all of us do not get thousands of calls The printer’s number on this legislation is active for about from teachers tomorrow? 15 minutes now. I have worked on an amendment which I did not Mr. NICKOL. Yes; you are exactly correct. What they are expect would pass, and I knew it would require a suspension of the confusing it with is the determination of the final average salary rules, but I did intend to offer it, and I have ordered it, and I for retirement purposes, where you use the best salary they have assumed that there would be a bit more debate than we have had had over a 3-year period and average that. What we are talking here today. about here is only for the calculation of the employer contribution So I am asking whether or not I can at least check with the rate. Reference Bureau to see if it is going to be down momentarily. If Mr. STURLA. Thank you, Mr. Speaker. That will end my that is not the case, I will make some remarks on final passage. interrogation. The SPEAKER. Mr. Belfanti, may I make a suggestion? The SPEAKER. The Chair thanks the gentleman. Mr. BELFANTI. Yes, Mr. Speaker. The gentleman, Mr. Daley, from Washington County. The SPEAKER. Mr. Vitali had the same problem, and we met Mr. DALEY. Thank you, Mr. Speaker. with Mr. Vitali at the desk and explained that it would be In mid-January I wrote a letter to the majority leader expressing necessary to suspend the rules. We suggested to him and he my concern over rumors and speculation that we would be backing concurred that he would move to suspend the rules at this time, away from last year’s promise for a COLA for retirees. I am glad briefly describe his amendment, and if you are successful on to see that is not the case and today we are addressing that issue. suspending the rules, then we will address the issue of the As I said at the time, I know the majority leader better than that, Legislative Reference Bureau’s having the amendment available. and I believed that he would not forsake those that he promised to Mr. BELFANTI. I will agree to that, Mr. Speaker. I agree to 2002 LEGISLATIVE JOURNAL—HOUSE 713 that, Mr. Speaker. suspend the rules, and I would like to speak on final passage. The SPEAKER. The gentleman is in order, on concurrence. MOTION TO SUSPEND RULES Mr. BELFANTI. Thank you, Mr. Speaker. Mr. Speaker, I would like to applaud the makers of the The SPEAKER. The Chair recognizes the gentleman, legislation, HB 27, as it arrived here on concurrence. What it Mr. Belfanti, who moves that the rules of the House be suspended contains is language that is fair. It takes care of the class of retirees to permit him— that needs it the most, and again, I applaud the makers of the Mr. BELFANTI. Thank you, Mr. Speaker. legislation and those who have worked on it. I just received a call that the amendment is en route, but to save The one problem that I have with the legislation is that for years time, I will explain it. we have talked about Pennsylvania as being one of the few States The SPEAKER. Will the gentleman wait until I have put the that does not allow for an automatic annual cost-of-living question. adjustment. Mr. Speaker, the effect of not having that, I The gentleman, Mr. Belfanti, moves that the rules of the House understand— First of all, I understand that it is very expensive to be suspended to permit him to offer amendment— What number? expect that every year. My amendment, had I been allowed to offer Do we have a number on it? it, would have remedied that to this degree: It contained language Mr. BELFANTI. I am sure they do, but— that effective in the year 2005, there would be an annual COLA. The SPEAKER. To offer the following amendment, which he is That annual COLA could be reduced or eliminated by the SERS or about to describe. the PSERS boards in years of a bad economy and would only take effect in years where the fund showed a surplus greater than the On the question, payout. It would have also set a floor so that our contribution rate Will the House agree to the motion? would not go below 2 percent, to help keep that annual cost-of-living adjustment an ongoing matter. The SPEAKER. Mr. Belfanti. Again, it did allow for the actuaries and a board prospectively Mr. BELFANTI. Well, actually, Mr. Speaker, may I speak on to supersede the effects of the statute and reduce or eliminate that final passage and then move to make that motion? COLA, but it would not have to have been done here on the floor The SPEAKER. No. The motion has been made to suspend the of the House and in the Senate. Had there been enough money, as rules. Mr. DeWeese yields to you on the question of suspension of we saw in the midnineties where the surpluses far exceeded the the rules, and if you would like to describe the amendment that contributions, those COLAs would have been automatic. That was you will offer if the rules are suspended, this would be the what I attempted to do. appropriate time to do that. Again, I believe that this is far better than nothing, and it is long Mr. BELFANTI. Thank you, Mr. Speaker. overdue. So I am asking for an affirmative vote on HB 27, and Mr. Speaker, for many, many years, many members of this I will ask at some future date that I be given some time to prepare General Assembly have been— an amendment to another germane bill. Thank you, Mr. Speaker. MOTION RULED OUT OF ORDER The SPEAKER. The Chair thanks the gentleman.

The SPEAKER. Mr. Belfanti, I am sorry; I have bad news. On the question recurring, I forgot; I was reminded that to offer an amendment to this bill, Will the House concur in Senate amendments? you need an actuarial note, under the law. It is not a rule of the The SPEAKER. Agreeable to the provisions of the House. It is a statutory provision that an actuarial note be made Constitution, the yeas and nays will now be taken. available, and I assume you do not have that, and if that is the case, it would be out of order to suspend the rules to offer the The following roll call was recorded: amendment. YEAS–193

PARLIAMENTARY INQUIRY Adolph Eachus Maher Saylor Allen Egolf Maitland Schroder Mr. BELFANTI. Mr. Speaker, another point of parliamentary Argall Evans, D. Major Schuler Armstrong Evans, J. Manderino Scrimenti inquiry. Baker, J. Fairchild Mann Semmel I do not know if it was reasonable to assume that arriving on the Baker, M. Feese Markosek Shaner Hill today, finding out for the first time this morning that we were Bard Fichter Marsico Smith, B. going to be doing a COLA bill, knowing that we would not see the Barrar Fleagle Mayernik Smith, S. H. COLA bill until 10 minutes ago, and that it would be a conference Bastian Flick McCall Solobay Bebko-Jones Forcier McGeehan Staback committee report, not having the language, not having either a bill Belardi Frankel McGill Stairs number or a printer’s number, that there would be any mechanism Belfanti Freeman McIlhattan Steelman whatsoever for any member to get an actuarial note prepared Benninghoff Gabig McIlhinney Steil 15 minutes after the bill arrived here. Birmelin Gannon McNaughton Stern Bishop Geist Melio Stetler The SPEAKER. I cannot pass judgment on whether it is Blaum George Metcalfe Stevenson, R. reasonable or not. I can say that we are all bound by statutory Boyes Godshall Michlovic Stevenson, T. provisions of our law. Brooks Gordner Micozzie Strittmatter Mr. BELFANTI. Mr. Speaker, I will withdraw my motion to Browne Grucela Miller, R. Sturla Bunt Gruitza Miller, S. Surra 714 LEGISLATIVE JOURNAL—HOUSE APRIL 17

Butkovitz Habay Mundy Tangretti YEAS–193 Buxton Haluska Nailor Taylor, E. Z. Caltagirone Hanna Nickol Taylor, J. Adolph Eachus Maher Saylor Cappelli Harhai O’Brien Thomas Allen Egolf Maitland Schroder Casorio Harhart Oliver Tigue Argall Evans, D. Major Schuler Cawley Hasay Pallone Travaglio Armstrong Evans, J. Manderino Scrimenti Civera Hennessey Perzel Trello Baker, J. Fairchild Mann Semmel Clark Herman Petrarca Trich Baker, M. Feese Markosek Shaner Clymer Hershey Petrone Tulli Bard Fichter Marsico Smith, B. Cohen, L. I. Hess Phillips Turzai Barrar Fleagle Mayernik Smith, S. H. Cohen, M. Horsey Pickett Vance Bastian Flick McCall Solobay Colafella Hutchinson Pippy Veon Bebko-Jones Forcier McGeehan Staback Coleman Jadlowiec Pistella Vitali Belardi Frankel McGill Stairs Cornell James Preston Walko Belfanti Freeman McIlhattan Steelman Corrigan Josephs Raymond Wansacz Benninghoff Gabig McIlhinney Steil Costa Kaiser Readshaw Waters Birmelin Gannon McNaughton Stern Coy Keller Reinard Watson Bishop Geist Melio Stetler Creighton Kenney Rieger Williams, J. Blaum George Metcalfe Stevenson, R. Cruz Krebs Robinson Wilt Boyes Godshall Michlovic Stevenson, T. Curry LaGrotta Roebuck Wojnaroski Brooks Gordner Micozzie Strittmatter Dailey Laughlin Rohrer Wright, G. Browne Grucela Miller, R. Sturla Daley Lawless Rooney Wright, M. Bunt Gruitza Miller, S. Surra Dally Lederer Ross Yewcic Butkovitz Habay Mundy Tangretti DeLuca Leh Rubley Youngblood Buxton Haluska Nailor Taylor, E. Z. Dermody Lescovitz Ruffing Zug Caltagirone Hanna Nickol Taylor, J. DeWeese Lewis Sainato Cappelli Harhai O’Brien Thomas DiGirolamo Lucyk Samuelson Casorio Harhart Oliver Tigue Diven Lynch Santoni Ryan, Cawley Hasay Pallone Travaglio Donatucci Mackereth Sather Speaker Civera Hennessey Perzel Trello Clark Herman Petrarca Trich Clymer Hershey Petrone Tulli NAYS–0 Cohen, L. I. Hess Phillips Turzai Cohen, M. Horsey Pickett Vance Colafella Hutchinson Pippy Veon Coleman Jadlowiec Pistella Vitali NOT VOTING–0 Cornell James Preston Walko Corrigan Josephs Raymond Wansacz Costa Kaiser Readshaw Waters Coy Keller Reinard Watson EXCUSED–8 Creighton Kenney Rieger Williams, J. Cruz Krebs Robinson Wilt Harper Levdansky Roberts Yudichak Curry LaGrotta Roebuck Wojnaroski Kirkland Myers Washington Zimmerman Dailey Laughlin Rohrer Wright, G. Daley Lawless Rooney Wright, M. Dally Lederer Ross Yewcic The majority required by the Constitution having voted in the DeLuca Leh Rubley Youngblood Dermody Lescovitz Ruffing Zug affirmative, the question was determined in the affirmative and the DeWeese Lewis Sainato amendments were concurred in. DiGirolamo Lucyk Samuelson Ordered, That the clerk inform the Senate accordingly. Diven Lynch Santoni Ryan, Donatucci Mackereth Sather Speaker

SUPPLEMENTAL CALENDAR B NAYS–0

BILL ON CONCURRENCE IN SENATE AMENDMENTS NOT VOTING–0

The House proceeded to consideration of concurrence in Senate amendments to HB 1935, PN 3725, entitled: EXCUSED–8

An Act providing for a commercial downtown enhancement program Harper Levdansky Roberts Yudichak to be administered by the Department of Community and Economic Kirkland Myers Washington Zimmerman Development.

On the question, The majority required by the Constitution having voted in the Will the House concur in Senate amendments? affirmative, the question was determined in the affirmative and the The SPEAKER. Agreeable to the provisions of the amendments were concurred in. Constitution, the yeas and nays will now be taken. Ordered, That the clerk inform the Senate accordingly.

The following roll call was recorded:

2002 LEGISLATIVE JOURNAL—HOUSE 715

ANNOUNCEMENT BY SPEAKER ANNOUNCEMENT BY SPEAKER

The SPEAKER. May I have your attention, please; may I have The SPEAKER. Members, I neglected to mention that Monday, your attention. as it stands right now, Monday will be a token session day. So we Tomorrow will be a nonvoting day, a token session day. will open on Monday, but at the moment it looks like it will be a Your schedule shows that we are not in session next week. token session day. There may be some bills that will have to be However, there is a distinct, emphasis added, there is a distinct moved back and forth, but you will know if it is going to be a possibility that you will be called back into session on Tuesday. voting session. We will be in touch with you. I am saying Tuesday or Wednesday of next week would be my guess, if I had to make a guess, but plan on the possibility, almost STATEMENT BY DEMOCRATIC LEADER probability, of being back here next week, but we will get in touch with you just as soon as we know. The SPEAKER. Does the majority leader or minority leader There will be no further votes. have any further business? The Chair recognizes the gentleman, Mr. DeWeese. Mr. DeWEESE. Thank you very much, Mr. Speaker. BILLS SIGNED BY SPEAKER Just a reaffirmation of my enthusiasm to discuss campaign finance reform when we come back into session. Bills numbered and entitled as follows having been prepared for As I have said many times from this microphone over the past presentation to the Governor, and the same being correct, the titles several months, the budget season does allow a substantial were publicly read as follows: flexibility. Campaign finance reform is becoming a more severe challenge in our Commonwealth. Two days ago Eddie Rendell and HB 27, PN 3727 Bob Casey, Jr., had raised $24.7 million to spend in a primary campaign. That is an obscene amount of money for us as a An Act amending Titles 24 (Education) and 71 (State Government) Commonwealth to put up with. And the Republican Party, under of the Pennsylvania Consolidated Statutes, further providing for the leadership of the whip from Jefferson County, Mr. Smith, has creditable nonschool service, for election to become a Class T-D member, for actuarial cost method and for termination of annuities; providing for given me and this chamber their word that we would come back supplemental annuities commencing 2002 and 2003; further providing for here and deal with serious campaign finance reform. payment of benefits, for annuity reserve account and for the definitions of So I politely request that when we do come back into session in “creditable nonstate service,” “State employees,” “State service” and the next several weeks, in late April and early May, we address “total accumulated deductions”; providing for notice to members; further providing for mandatory and optional membership, for credited campaign finance reform. It has never in the history of this State service and for retention and reinstatement of service credits; Commonwealth been more important. providing for election to convert school service to State service; further In conclusion, when Bob Casey, Sr., participated in his providing for creditable nonstate service, for classes of service, for campaign for Governor, he spent $8 million, which was contributions by the Commonwealth and other employers and for $5 million more than Dick Thornburgh spent in the 1970s; he actuarial cost method; providing for transfer of accumulated deductions; further providing for disability annuities; providing for supplemental spent $3 million. It went from $3 million to $8 million to annuities commencing 2002 and 2003 and for special supplemental Tom Ridge spending $14 million, and right now in a primary, postretirement adjustment of 2002; further providing for duties of the with just one party and we are still a month out, we have spent board to advise and report to heads of departments and members, for $24.7 million. duties of the board to report to the Public School Employees’ Retirement Board, for rights and duties of annuitants, for members’ savings account, Something must be done on campaign finance reform, and if the for State accumulation account and for supplemental annuity account; and Republican whip and his team are not forthcoming with some making technical corrections. aggressive efforts for campaign finance reform, I think it would be a serious dereliction and worthy of castigation. Thank you very much. HB 1935, PN 3725

An Act providing for a commercial downtown enhancement program BILLS REPORTED FROM COMMITTEE, to be administered by the Department of Community and Economic CONSIDERED FIRST TIME, AND TABLED Development. HB 2117, PN 3728 (Amended) By Rep. KENNEY HB 2545, PN 3726 An Act amending the act of June 13, 1967 (P.L.31, No.21), known as An Act apportioning this Commonwealth into congressional districts the Public Welfare Code, further providing for payments to counties for in conformity with constitutional requirements; providing for the services to children. nomination and election of Congressmen; requiring publication of notice of the establishment of congressional districts following the Federal decennial census; imposing duties on the Secretary of the Commonwealth HEALTH AND HUMAN SERVICES. and the Legislative Reference Bureau; and making repeals. HB 2347, PN 3259 By Rep. KENNEY Whereupon, the Speaker, in the presence of the House, signed the same. An Act directing the Department of Public Welfare to resolve the shortage of appropriate accessible dental care services for individuals with mental retardation residing in the community.

716 LEGISLATIVE JOURNAL—HOUSE APRIL 17

HEALTH AND HUMAN SERVICES.

The SPEAKER. Does the majority leader or minority leader have any further business? Oh, I am so sorry. I did know that tomorrow is the birthday of the gentleman, Mr. DeWeese; the lady, Mrs. Taylor; and the gentleman, Mr. Birmelin, and I apologize. I intended to call that to the attention of the House so that Mr. DeWeese could take everyone out for a treat after the session adjourned today.

BILLS AND RESOLUTIONS PASSED OVER

The SPEAKER. Without objection, all remaining bills and resolutions on today’s calendar will be passed over. The Chair hears no objection.

ADJOURNMENT

The SPEAKER. The Chair recognizes the gentleman, Mr. DeWeese. Mr. DeWEESE. Mr. Speaker, I move that this House do now adjourn until Thursday, April 18, 2002, at 11 a.m., e.d.t., unless sooner recalled by the Speaker.

On the question, Will the House agree to the motion? Motion was agreed to, and at 11:29 p.m., e.d.t., the House adjourned.