COMMONWEALTH OF PENNSYLVANIA · COMMONWEALTH OF PENNSYLVANIA MONDAY, DECEMBER 3,1979 Session of...

COMMONWEALTH OF PENNSYLVANIA

MONDAY, DECEMBER 3,1979

Session of 1979 163rd of the General Assembly Vol. 1, No. 85

HOUSE OF REPRESENTATIVES Thc House convened a t 1 p.m., r s . t .

THE SPEAKER (H. .JA(:K Sb:l,'I'%ER) IN THE CIIAIR

lowing prayer:

Our Father in heavcri, wc assembled in this chamhrr beseech Thy mwcy and guidance in all that we think and do and say this d a y Endow this reprcsmlative body with wisdom and knowledge, individually and collertively, so that all the laws we maki: will be in the interest of all the citizens of our great state. God, bless our state and bless these United States. In the name of Jesus Christ, our Savior, we pray. Amen.

music and lyrics by .I. W. Yoder, as the State song of the C o m ~ monwealth.

Referrtd to Stat? Crovernmrxnt. No\,. 29,1979.

HB 2034 By Rrpresent:~tive WI1,SON.

PRAYER

THE HONORAB1" ':)AV1l) I ' SHADDING, member of the House of Representatives and guest rhaplain, offered the fol-

PLEDGE OF ALLEGIANCE

(The Pledge of Allt,g~anic wasenunc~ated by membrrs )

An Act creating the Recrration Fund in the State Treasury. ;authorizing low intc~rest 1o;ins from the fund to municipalities for the purpose of huilciing recreation cmters , and making an appropriation from the State Lottery Fund.

JOURNAL APPROVAL POSTPONED

The SPEAKER. Without objection, approval of the Journal for Thursday. Novemher 29, 1979, will be postponed until printed

JOURNALS APPROVED I The SPEAKER. Are there any corrections to the Journals of

September 26 and October 2 and 9.1979? If not. and without objection, the .Journals are approved.

HOUSE BILLS INTRODUCED AND REFERRED

HB 2032 By Repr~srntat ives RYAN, ZORD. E. Z. TAYI,OR, GRUPPO. BURD, PETERSON, POTT. GI,ADECK, ARTY, KLINGAMAN, l'YI,ES, JONES, GIAMMARCO. 1'UCCIAKET.LI. RROWN and HORSKI.

An Art amending the "Public Welfare Code," approved Junr 13, 1967 (P. I.. 31, No. 211, further providing for the obtaining of rhild support payments for mcipit:nts whose eligibility for ;issistance is based on the absence of a parent from the home.

Referred to IIralth and Welfare. Nov. 29. 1979.

HB 2033 By Representatives MANMILLER and PICCO1,A. I

An Act declaring and adopting the song "Pmnsylvania," I

Keferred to Appropriations. Nov. 2 9 1979.

HB2035 By Rel~resenlativrs EAKLEY. MICOZZIE. A1,DEN. WILLIAMS, SHADDING, OLIVER. DURHAM, SPITZ, STREET, BARBER, (:OHEN. WHITE. PRATT, CRSSAR, KUKOVICFI. McKELVEY, HOWSER, McVERRY, GRUPPO. LIVk:NGOO1). DUFFY, C. GEORGE, MICHLOVIC. GRABOWSKI, FEE. 1)AWIDA. MUSTO. DOMBROWSKI, HOEFFEL, STEIGHNRR. RODGERS. CO1,E. 1). R. WRIGHT and CIIESS.

An Act requiring insurance companir.~ to disclose certain information relating to husiness operations t i ~ the Insurance Dr- par tmmt .

Referred to Insuranrc, Nov. 29,197!1.

HB 2036 By Representatives POTT, COCIIRAN. TADDONIO, BURD, M. H. GEORGE, UeWEESE, ZORD, SWEET, F. TAYLOR, MADIGAN, LASHINGER, KANUCK. E. Z. TAYLOR and WI1,SON.

An Act amending "The Administrative Code of 1929," approved April 9 , 1929 (P. 1,. 177, No. 175). providing for Senate :~pproval of certain State labor contracts.

Referred to State Government. Nov. 29, 1979.

HB 2037 Hy Representatives DININNI, 1)iCARLO and KO1,TER.

An Act amending Title 75 (Vehirles) of the Pmnsylvania Consolidated Statutes, authorizing fleshing or revolving yellow lightson snow plows.

Referred to Transport;ltion, Nov. 29. 1979.

HB 2038 Ry Rrpresmtntivrs REED and STEWART.

An Act amending the act of May 29, 1956 (1955 P . L. 1804, No. 600), referred to as the Municipal Police Prnsion Law, re^

ducing age and service requirements for retircmsnt.

Referred to 1,oc;il Government, Nov. 29.1979.

2472 LEGISLATIVE JOURNAL--HOUSE December 3,

HB2039 Ry Rrpresentat~vr NOYE i GATSKI. BROWN. ROCKS, SERAFINI.

An Act declaring and adopting the song "Pennsylvania." music and lyrics hy Helen Hall Ruchcr. ;is the State song of th r Commonwralth.

Refcrred t o s t a t e Government, Nov. 29,1979

HB2040 By Krpresentatlves AI.DEN, MIILER, PN 2579 BRANDT. ROWSER, PETRARCA, REED,

ZELLER, SALVATORE, GIAMMARCO, ARTY, CA1,TAGIRONE and GLADECK.

An Art amending thr, "CivilSr,rvice Art," approved August 5, 1941 (P . I,. 752, No. 2861, further providing for certit'icatlon and appointment.

Referred to State Govrrnment. D6.c. 3,1979.

HB 2041 By Representative SELTZER (BY REQUEST). PN 2580

An Act declaring and adopting the song "Pennsylvania," music and lyrics by Mary E. Albert Attick of the City and Coun- ty of Lebanon and Commonwealth of Pennsylvania, as the State song of the Commonwealth of Pennsylvan~a.

McKELVEY, HASAY, CALTAGIRONE, BRANDT, FISHER, McMONAGLE, BURD and M. R. CLARK.

An Act amending the "Public Welfare Code," approved June 13 ,1967 (P. L. 31, No. 21), limiting general assistance to chron- ically needy persons and transitionally needy persons.

Referred toHealth and Welfare, Dec. 3,1979.

LEAVES OF ABSENCE GRANTED TheSPEAKER.The Chair recognizes the majority whip. Mr. S . E. IIAYES. Mr. Speaker. I requrst leaves of absence

for Mrssrs. WAGNER and F. , J 1,YNCH for today's session, and for Mr. GKIECO for t h ~ wrrk's session.

The SPEAKER. 'l'hp Chair rccopnizrs the grntlcman from Philadelphia, Mr. Greenfirld.

Mr. GRISENFIE1,D. Mr. Sprakrr , I rnlnrst lraves of absence for Mr. GATSKI for tnd;ry's srssion and for Mrs. Kernick and Mr. Brunner for the week's session.

Referred t o s t a t e Government. Dec. 3.1979. 1 TheSPFiAKER. Withnut objection, leavrs arc granted

HB 2042 Bv Representative DeVERTER. I ADDITIONS O F SPONSORS . .

P N 2581 An Act amending the act of June 22, 1931 (P. L. 594, No.

203). referred to a s the Township State Highway Law, deleting a route in Mifflin County.

Referred toTransportation, Dec. t i , 1979

HB 2043 By Representative DeVERTER. P N 2582

The Chair recognizes the majority leader. Mr. RYAN. Mr. Speaker, in accordance with the rules, I s u b

mit herewith the addition of sponsors:

HR 1252, Caltagirone, T. R.; and HB 1933, Arty, M. A

MASTER ROLL CALL RECORDED An Act amending the act of June 22, 1931 (P. L. 594, No. The SPEAKER. The Chair is about to take the master roll

203), referred to as the Township State Highway Law, deleting call. Only thosemembersin their seats will be recorded, a route in Mifflin County.

Referred to Transportation, Dec. 3, 1979. The following roll call was recorded:

HB 2044 By Representatives PUNT, GLADECK. YEAS-193 PN 2583 ZORD, LASHINGER, SIRIANNI, NOYE.

ARTY, POTT, CESSAR, ZELLER, PERLEL, GIAMMARCO, DeVERTER, ARMSTRONG, MANMKLER, CIMINI, SCHEAFFER, W. W. FOSTER, MADIGAN. COSLETT, SIEMINSKI, McVERRY, GRUPPO, FISCHER, LEVI, PYLES, E. Z. TAYLOR, POLITE, CORNELL, LEWIS, NAHILL. MOWERY. PRATT, BORSKI, DIETZ, SWIFT. BOWSER. HITT1.E. LETTERMAN. BELARDI, M. H. GEORGE, CAPPABIANCA, MILLER, LEHR, AI,DEN, PETERSON, GAMBLE, E. H. SMITH, ZITTERMAN, COCHRAN. TELEK. S . E. HAYES, JR., GEIST, E. G. JOHNSON. PITTS, FREIND, DAVIES. McCLATCHY, RYAN, MACKOWSKI. DUFFY, MRKONIC. CHESS, COLE, SPITZ, GRIECO, WASS, E. R. LYNCH, MOEHI,MANN, WENGER. ANDERSON, DORR. HONAMAN, KLINGAMAN,

A1di.n Anderson Arrnslrong A r t y Austin li:trht,t. Hcl ;~rd~ H,.,l"l,tt

l icra,n I < i t l l i ~ I iorski Il,lwic,r l i rani l t I3rini.n li,,l,l li,,r,,q (':tIt:tgiron<, i';,l,~,,,l,i;,,,<~>8 ('c.ss;,r i.l,t,\$ ( ' lminl i ' l,lrk, I 4 ( ~ l ; ~ r k . It. (~<>ct,v;,, , ('ii11c.n C,,I<, ( ~<> r l l t ~ l l

1979. LEGISLATIVE JOURNAL-HOUSE 2473

Cnslctt Hotvhins,,n. W. pr,+c.rsr,ii Vr,i,iri Cowrll Irvis P<,tr;tr,,;t \V;!clroh Coonin:h;lin Itkin Pircol;, Wargo Ili8virs I l s . IJipvsky \\'ass l l ; ~ w i d ~ ~ .Ji,hnsiln. .I I'islcllii \Vc,idwr I)?>!ecl~o . l i l ~ ~ , , s I'itts \Vi.rrgi.r Ilc,Ve,i.tcr K;inuik I'nlitr LL'hitr IIPWI.CSP Kliag;rm;tn 1'011 LViIlia~ns ni(,:*rlo Knight I ' ~ a t t !ViIson I l i ~ t ~ Kolti,t. l ~ u c c t ~ ~ r ~ ~ l l i !Vllt Ilinlnni Kownlyshyn ru,,t Wright . D. Dornl~roivski Kukoviclr Pvlt,s LVvight, . J , I.. Donatui~. i I.nshinger Rappaport Yxhnrr rlilrr I.soghlin Kwd Yohn Iloffy I . ~ h r Ittio<lrs Zc,lli,r I)orl~ics l , ( , t~cnn ; tn ~ t ~ ~ ~ t t ; t r c i s n n Zitt<,rm>m I)orlt:+~n I .IT i I3ii.gt.r Xoril E,trl~,y I1v1-1r1 1titte.r % i \ ~ k l b'w i r < ~ w i s K u i k i Fisr~lwr. It K. l . irrtlpxxl Kor1gi.r~ Si.llir,r. Pist>~,t.. 11. M. T.i~n,.h. F R I{,.~,,, S,>t,;~kw k'oste,r, A ?vfil;~wkilnski S ~ , I V ; , , , , ~ P

NAYS-0

BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

On th r question. Will thc Housr agree to the bill on third consideration?

ITR 168 TABLED

The SPEAKER. Thr: Chair recognizes the majority leader. Mr. RYAN. Mr. Spt:aker. I move that HR 168 he laid on the

tahle.

On the question, Will the House agree to the motion? Motion was agreed to.

SENATE MESSAGE

AMENDET) IIOUSE HIIJ> RETURNED FOR CONCURRENCE CONSIDERED

The Senate returned the following HB 552, PN 2432, with the information that the Senate has passed the same with amendments in which cuncurrence of the House of Representa- tivrrs is requested:

NOT VOTTNG-9

(' .' Beloff . ~ l ? c i i K<.rnick Lynvh. F . Rrunrier 3 , I . S Knrljpcr Wagner Gatski

The SPEAKER. One hundred ninety-three members having indicated their presence. a master roll is established.

HB 785, PN 2577 (Amended) By Mr. J . L. WRIGHT I

CORRECTIVE REPRINT SENATE AMENDED

Prior Printer's Nos. 602, 1.358, l 9 5 7 , 2 181,2:EIF, Printer's No. 2432

THE GENERAI, ASSE:MBI,Y OF I'ENNSYLVANIA

House Rill No. 552

Session of 1979

An Act requiring politiral subdivisions to permit the use of solar energy and to make certain provisions relating to energy in local land-usc controls; establishing requirements for solar skyspace easements: and requiring the Department of Commu- nity Affairs to puhlish guidelines and otherwise assist political subdivisions in energy matters.

Mines and Energy Manag~ment .

HB 1704, PN 2086 By Mr. ,I. L. WRIGHT I An Act amending the act of July 20, 1979 (No. 60). entitled

"An act regulating the terms and conditions of certain leases regarding natural gas and oil." further providing for thc com- pletion date for a n incr~ased production procedure.

Mines and Energy Management.

CALENDAR BILL AGREED TO ON SECOND CONSIDERATION I

The following bill, having been called up, was considered for the second time and agreed to, and ordered transcribed for third consideration:

HB 1850, P N 2539.

CA1,ENI)AR RII.1, ON THIRD CONSIDERATION I The Housr procreded to third consideration of HB 168, P N

2183, entitled:

An Act amending "The Administrative Code of 1929." approved April 9, 1929 (P. 1,. 177. No. 1751, further providing for certain contracts.

AS AMENDED ON THIKU CONSIl)ERATION, IN SENATE, OCTOBER 30,1979.

An Act amending the act of June 13, 19fi7 (P. 1,. 91. No. 21), entitled,

"An act to consolidate, rditorially revise, and codify the public welfare laws of the Commonwe?lth," prohibiting assistance to certain students,

FURTHER -PROOF OF RESIDENCE, AND PROHIBITING COPAYMENT PLANS. Thc General Assembly of the Commonwealth of Pennsyl-

vania hereby enacts as follows: Section 1. Section 403, act of June 13, 1967 (P. L. 31, No.

21). known a s the "Public Welfare Code." is amended bv adding a subsection to read.

-

Section 403. Uniformity in Administration of Assistance;

WITHIN - THE PREVIOUS FIVE YEARS.

2474 LEGISLATIVE JOURNAL-HOUSE December 3,

.. REQUIRE ANY MEDICAID PRESCRIPTION CARD HOLDER TO PAY ANY PORTION OF THE COST OF ANY FILLED PRESCRIPTION WHICH I ~ ~ O V E K E D BY THE MEDICAID PROGRAM.

Section- 4. Tkis SECTION 1 OF THIS act shall take effect in 60 days AND SECTION +? 3 OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND BE RETROACTIVE TO OCTOBER 1,1979.

SECTION 453. PROHIBITION ON COPAYMENTS-THE DEPARTMENT OF PUBLIC W~?,FARE - SHALL NOT UNDER ANY CIRCUMSTANCES- OR CONIIITIONS INITIATE OR IMPLEMENT ANY PLAN WHICH REQUIRES OR WOU1,D

The SPEAKER. The Ch;rir recognizes thr grntleman from Montgomery, Mr. (;ladeck.

Mr. GLADECK. Mr. Speaker, I suggest that the House do nr~nconcur in the amendments inserted by the Senate.

The SPEAKER. The Chair recognizes the gentleman from Alleght%ny, Mr. Cowell.

Mr. COWEI.1,. Mr. Speaker, urould Mr. Gladcck or some other person please explain the an~endments that were added hy the Senate?

The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Gladeck.

Mr. GLADEXK. Mr. Speaker, the amendment added hy t,he Senate is very simplr. I t simply prohihits copayment plans. I t prohibits copayment plans by the Department of Public Wel- fare.

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Cowell.

Mr. COWELL. Would Mr. Gladrck then suhmit to interrogation, please?

The SPEAKER. The gentlrman indicates that he will, and Mr. Cowell may proceed.

Mr. COWELL. Mr. Speaker, it is my recollection that this House passed other legislation sometime in the last several weeks that also prohihited copayment plans under the Depart- ment of Welfare. Is thp language inserttad by the Senate into this bill similar to the language in other legislation that we havp passed here in the House?

Mr. GLADECK. I a m n o t awareofthat , nosir. Mr. COWELL. Is the language that was inserted by the Sen-

ate intended to prohibit copayment plans along thelines of that which the Department of Welf;irc issued rrgulations about sev- t:ral weeksago and then 1;)trr withdrew?

Mr. GLADECK. Yt,s, sir, I believp so. Mr. COWELL. And that is the only c h a n g ~ that was inserted

by thesenate? Mr. GLADECK. To my knowledgr, yrs. Mr. (:OWELL. Mr. Spr;rker. I would likr permission to make

a romment thcn, plrase. Thc SPEAKER The gcnt,lrm;m is in order and m;ry proceed. Mr. COWELL. Mr. Spcakrr, this House dehated the issue of

copayment plans sevcr;rl weeks ;,go, :ind 1 cannot accurately recall the action that wr took, hut I rrmrmher ;rt that time standing a t this microphone : ~ n d spmking in favor of an amendment or legislation that wcruld prohibit the copayment plan for a varirty of reasons. If that in fact is the only amendment that


was added hy the Senate to this Ilouse bill. I would urge tha t we concur in t h r Senate amendments.

The SPEAKER. The Chair rrcomizes the yentlrman from

THE GENERAL ASSEMBLY OF PENNSYLVANIA

House Bill No. 830

Session of 1979 Clarion, Mr. Wright.

Mr. D. R. WRIGHT. Will the gentleman, Mr. Gladeck, stand for interrogation, pleasc?

The SPEAKER. Thp g m t l ~ m a n indic;rt<:s that he will. The gentleman, Mr. Wright, may proceed.

Mr. 1). K. WRIGIIT. Mr. S p e ~ k e r , I understand your having said that the copayment was the only trmendmmt added to the hill, the only changemadr?

Mr. (;LADECK. Tomy knowledge, yes. Mr. I), R. WRIGHT. I a m looking a t page 1 of the hill, section

(dl. Is i t your understanding that (d) has heen ?limi. nated from this hill?

Mr. CLADECIC. Would you repeet that sr:ction, plrase, Mr. Speaker?

Mr. D. R. WRIGHT. l'age 1, section (dl, heginning on iinr 15. Mr. GLADECK. Is it my knowledye that that section has

heen eliminated? Mr. D. R. WRIGHT. Yes. Mr. GLADECK. Yes; evidently it has, hut i t has heen re-

printed on page 2 Mr. D. R. WRIGHT. I hcg your pardon? Mr. GLADECK. If you look a t pagt! 2 , lini, 2, section(d). Mr. D. R. WRIGHT. Thank you, Mr. Speaker.

~h~ SPEAKER, ~h~ cha i r recognizt,s gentlem5m from Allegheny. Mr. Cowell, for the second time.

Mr. COWELL. Mr. Speaker. I just received a copy of thG! amended hill. and there ovidrntly are several places where the Senate has amended the hill. I was going to request that we hold i t , hut that evidently has bven the decision. Thank you.

HR 552 PASSED OVER TEMPOKARILY

The SPEAKEK. The Chair recognizes the majority whip. Mr. S. E. HAYES. Mr. Speaker, I respectfully suggest that

we hold this hill until after we have had a chance to caucus on it. M~~~ nepresentatives uncertain as to how they should be voting on this measure.

Mr. Speaker, to restate my request, I would respectfully ask that we hold HR 552, go to the next hill on the calendar, HB 830, and in consultation with Representatives Berson and Miller, I concur with their recommendation that this House nonconcur in Senate amendments.

The SPEAKER. Without objection, HB 552 will he passed over temporarily.

SENATE MESSAGE AMENDED HOUSE BILL RETURNED FOR

CONCURRENCE CONSIDERED

The Senate returned the following HB 830, P N 2523, with the information that the Senate has passed the same with amendments in which concurrence of the House of Representa- tives is requested:

SENATE AMENDED Prior Printer's Nos. 903,1592. 1883,2373,2451

Printer's No. 2523

INTRODUCED RY MESSRS: MII.T,ER, WHITE, O'DONNELL, SPENCER, 1,ASHINGER. ALDEN, CIMINI, FISHER, PIC- COLA, BERSON. RHODES, WII,IdAMS, DONATUCCI, 1,EVIN. WACHOR. JONES, ZORD. SEVENTY, NOYE, LET- TERMAN, F, .,. LYNCH, F,, H, SMITH, WAGNER, VROON, SALVATORE, McINTYRE AND GI.ADECK, MARCH 26,

AS AMENDEI) ON THIRD CONSIDERATION. IN SENATE, NOVEMBER 27,1979.

An Act

amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for prohation AND FOR CRIMINAL HISTORY RECORDS. The General Assembly of the Commonwealth of Pennsyl-

vania hereby enacts a s follows: Section 1. Suhsection (c) of section 1354 of Title 18, act of

~~~~~b~~ 25, 1970(p . L. 707, No. 230), known as the Pennsyl- vaniaConsolidatedStatutes,isamendedtoread: 5 1354. Order of probation. * * .

(c) Specific conditions.-The court may as a condition of i ts orderrequirethedefendant:

(1) To meet his family responsihilit/es. (2) To devote himself to a specific occupation or employ-

ment. (2.1) To participate in a public or nonprofit community serv-

ice program unless the defendant was convicted of murder, Lape, aggravated assault, a&heft hy extortion. terroristic threats, robbery or kidnapping.

(3) To undergo available medical or psychiatric treatment and to enter and remain in a specifled institution, when required for that purpose,

(4) To pursue a prescribed secular course of study or voca- tionaltraining.

(5) To attend or reside in a facility established for the in- struction, recreation, or residence of persons on probation.

(6) To refrain from frequenting unlawful or disreputable places or with persons.

(7) To have in his possession no flrearm or other dangerous weaponunless granted written permission.

(8) To make restitution of the fruits of his crime or to make reparations, in a n amount he can afford to pay, for the loss or damage caused thereby.

(9) To remain within the jurisdiction of the cour! and to notify the court or the probation officer of any change in hm ad- dressorhisemployment.

(10) To report as directed to the court or the probation officer to permit the officer to "isit his home.

(11) To pay such fine as has been im osed P (12) To participate in drug or alcoho treatment programs. (13) To satisfy any other conditions reasonably related to the

of the defendant and not unduly restrictive of his 1ih:rt;y or incompatible with his freedom of conscience.

SECTION 2 . THE DEFINITIONS OF "CRIMINAL HIS- TORY RECORD INFORMATION" AND "SECONDARY DIS- SEMINATION" IN SECTION 9102 OF TITLE 18, ADDED JULY 1 6 1979 (NO. 47), ARE AMENDED AND DEFINI- TIONSAREADDEDTOREAD: 5 9102. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

* + *

"CRIMINAL HISTORY RECORD INFORMATION." INFOR- MATION COLLECTED BY CRIMINAL JUSTICE AGEN-

2476 LEGISLATIVE J0URNAI.-HOUSE I ) ~ T V I I I I I C ~ ~ :{,

- CIES CONCERNING INDIVIDU~LS, - ANTI ARISING - - ~ FROM (2) INVESTIGATIVE INFOKMATION.

( 3 ) I'I1EATMENT INFORMATION, INCI,I!I)IN(: 131'I' NUT T H E INITIATIOK O F A CRIMINAI, PROCEEDING. CON-! I,IMITEI) To MF;I)ICAI, OK PSY(:HOI INFOIIMA- - ~ - - ~ ~~

SISTING OF IDENTIFIABI.E I)ESCRIPTIONS, IIA'TES ANI) I TION.1 NOTATIONS O F ARRESTS, [DETENTIONS,I INIIICTMENTS. INT~J,[,I(;ENCE [NF()KMA.~I()N, INVF.STI(;ATIVF: 1~~ INFORMATIONS O R O T H E R FORMAI. CRlMlNA1.i F o ~ ~ * + l O f - ~ TkibTMENT

ION sl,Al,I, CHAI1GES ANI) ANY DISPOSITIONS ARISINE THERE- ~~~~ ~~ ~~ ~ ~ ~ -~ -

FROM, THE TERM I)OES NOT INCI,UI)E I N T E ~ , I , ~ ( ; E N C ~ ~ ; INFOItMATION. INVESTI(;ATIVE INFORMATION OR TREATMENT INFORMATION. 1NCI.UDING MEDICAI, AN11 PSYCHOLOGICAL INFORMATION, OR INFORMATION AND RECOK1)S SPECIFIEI) IN SF;CTION 9104 (KEI,A'TIN(; T O SCOPE;). . * *

"IN'I'EI,I,IGENCE INFORMATION." INFORM~ATION CON^ p~~ ~

CERNIN(; -- THb; HA~ITS,PRACTIC~~,C~~~~cFf~l~I'I~S, HISTORY, ~ P O ~ ~ s ~ ~ A , s ~ ~ ~ ; f A ~ f ~ ~ ~ ~ O ~ R ~ ~ N A f i l ~ ! A ~ ~ r ---- ~ --p

STATUS O F ANY INDIVIDUAL. -~ ~ ~- ~-

,~INVESTIi;ATIV~ INFORMATION,,, INFORMATION AS. ~ ~

SEMR1,ED A S A KESUI .TOFTHE PRKFORMANCE OF ANY -- ~~ .~~ ~ ~- ~~ . INQUIRY, FOHMAI. on I N F ~ K M A I . , ~ INTO A ~ CKIMINAI, ~~

INCIDENT OR A N AI.LF,GATION OF CRIMINAI, WRONG- . - -- . ~. ~ ~- ~- --- . . - ~. -~

a NO'I' HE COI.I,ECTEI) ~~~~ IN 'TIIR ~ -~ CENTHAI. ~-~~ I{EI'OSITOIIY ~~~ ~ NOR - ~

l i A N Y AUTOMATE^) OK EI .E( :THON~ (:RIMINAI. J l i S ~ TICE I l \ i ~ ~ ~ ~ j T i J ~ i ~ ~ T ~ M , .I'llicj P R b I 1 ~ H I ' r I ~ ~ SHAI,l,

~- ~ ~ -~ ~~ - ~ ~ -~ -~ - ~ -~ ~~- ~ ~~

N071 PRECLIJI)E THF-C(I!i!:KTION--!NN1r!!F: C'K!!'I'!&&, REPOSITOKY - OR IN ANY AIJTOMA'I'EI) OR ~~ ~~ ~ RI.ECTRONIC - ~~~ ~ ~~ ~-

(:KIMINAL .TUS~'IC~; INFOKMATION SYSTEM 01' NAMES. ~ - ~~ ~ ~ ~ ~~ ~~~ ~ ~

W0KI)S. ~ NUMBERS. -~ PIIRASES ~~~- ~~ OK - ~ OTHEK ~ SIMILAR ~ ~ -~~

INDEX KEYS ~ TO - ~ SERVE AS -~ INI)I(:ES ~ TO INrSKl,I.I(;ENCE ~~~ ~ ~ ~ - ~ ~ -

~ ~ ~ ~~ - OK INV~:S'I'IGI\TIVE REPORTS. 6 +91!2, MAN1)ATORY FIN(~EHP1~INTINi ; .

( H ) I K E T A I I ~ THEFT1 OTIIEI1 ('ASES-MIIIEI~E PRIVATE COMI~I,AINTS FOR A FEI.ONY 011 MISL)KMEANOR RE- SULT IN A CONVICTION on WIIERE PRRSONS A R E PKO-

~ - ~-

CEfi:I)EI) AGAINST HY A SCMMONS, OK FOR OFFENSES

1979. LEGISLATIVE JOURNAC-HOUSE 2477


until 6 or 630 . S B 846. on page 5 , on medical malpractice, will SB 137, PN 1402 (Amended) By Mr. GALLEN he the first vote a t 4 o'clock. (Unanimous)

DEMOCRATIC CAUCUS The SPEAKEK. Thc.Chair recognizes the minority leader. Mr. IRVIS. We, too, shall require a caucus, and I would ad

vise the D<!mocratl; tha t if Mr. Taddonio is going to call up IIB 1 tomorrow, it will he necessary for us to a t least begin the can cusing on it today. It may he necessary that we caucus on it again tomorrow, hut we shall s tar t torlay That means we wil Ililve a very cxtcndcd r.;iucus this afternoon, and I would ask that you rc,port promptly to the caucus room on the declaratior o f t h t rwess. Thank you. Mr. Speaker.

STATE GOVERNMENT COMMITTEE MEETING

The SPEAKER. The (:hair recognizes the gentleman from Herks. Mr. (;allen.

Mr. GA1,LEN. Mr. Spe:ikrr. there will he a very brief meeting of the State (;ov~rrmivnt Committee in room 402 immediately ur,on thecall of the recrss.

RULES COMMITTEE MEETING The SPEAKER. The Chair recopnizrs the maioritv leader

An Act authorizing and directing the Department of General Services, with the approval of the Governor, to convey to the Scranton Primary Health Care Center, Inc., a certain parcelof land together with a huilding erected thereon, situate in the City of Scranton, County of Lackawanna, Pennsylvania.

. "

Mr. RYAN. Thsrc will he a short meeting of the Rules Corn-

State Government

I

SB 790, PN 1403 (Amended) By Mr. GALLEN (Unanimous)

An Act authorizing the Department of Environmental Re- sources, with the approval of the Governor, to transfer a r ~ g h t - of-way in that portion of the Boa1 Gap Road passing through thp Rothrock State Forest situate in the Township of Potter, County of Centre and Commonwi:alth of Pennsylvania, to said Potter Township.

State Government

BILLS REMOVED FROM TABLE FOR CALENDAR

The SPEAKER. 'The Chair recognizes the majority leader. Mr. RYAN. Mr. Speaker, I move the following bills from the

tahle to the active calendar in accordance with the decision of the Rules Committee:

HB 1856, PN 2298; SH 826, P N 1320; HB 1787, PN 2190 and HR54. PN 1730.

mittee on the di:cl;rration of the reccss. The. SPEAKER. A short meeting of the Committee on Rules;

a meeting of the. State. Government Committee immediately upon the call of the recess; the Labor Relations Committee in the rear of the House: and the Hoalth and Welfare Committee a t :1:90.

RECESS

Thc SPEAKER. Without ohjection, this House now stands in rerrss until 4 p.m. The Chair hears none.

AFTER RECESS The time of recess having expired, the House was called to

order.

On the quest~on, Will thc House agree to the motion? Motion was agreed to.

BILL REMOVED FROM TABLE AND RECOMMITTED

The SPEAKER. The Chair recognizes the majority leader. Mr. RYAN. Mr. Speaker, I further move the following bill

'rom the table and ask that i t he rerommitted to the Apprupri- ~ t i o n s Committea:

On the question, Will the House agree to the motion? Motion was acreed to.

BILLS REMOVED FROM TABLE AND REREFERRED ~ - - ~ ~~ ~

BILLS REPORTED FROM COMMITTEES, TheSPEAKER. TheChair recognizes themajority leader. CONSIDERED FIRST TIME, AND TABLED Mr. RYAN. Mr. Speaker, I further move that the following

HB 1998, PN 2509 By Mr. WILT lhills be removed from the table and rereferred to the Appropri- ations Committee for the purpose of a fiscal note:

An Act amending the "Public School Code of 1949," approved March 10, 1949 (P. L. :30, No. 141, providing for letters of as- HH 1933. PN25:j.i andSB 546. PN 749. surance and severance pay in the case of certain employes. I

Lahor Relations.

HB2044, PN 2583

~ ~

On the question, Will the House agree to the motion? Motion was agreed to.

An Act amending the "Public Welfare Code." approved June 13,1967 (P . L. 31, No. 21), limitinggeneral assistance to chron- ically needy persons and transitionally needy persons.

Health and Welfare.

CALENDAR BILLS ON THIRD CONSIDERATION

The House proceeded to third consideration of HB 1231, PN 2385, entitled:

2480 LEGISLATIVE

An Act amending the "Pharmacy Act," approved Se tember 27,1961 (P. L. 1700, No. 699), providing penalties for fraud by pharmacists.

On the question, Will the House agree to the hill on third consideration? Bill was agreed to.

The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage.

The question is, shall the hill pass finally?

A ~ ~ ~ ~ I . , ~ ~ to the provisions of the constitution, the yeas and nays will now be taken.

YEAS-183

A l d ~ n Gallitghrr Manmillrr Schmitt And~rsorr G;dlm Md'all Scirira Armstrong Gamhlr MrClstrhy Sersfini Art? G;~nnon Mrlntyre Seventy Austin Grrsry MrKrlvpy Shaddinp Belardi G i s t MrMmagk Shupnik B e n n ~ t t Grorge. C. McVcrry Sirminski Rrrsori Grorpr, M. Mirhlovic Sirianni Rittle Giamm;~rro Mic.iszzie Smith. F:. Rorski Gladerk Milanoviih Smith. I.. Rowser i:orhi.l Miller Spencer Rrandt (;oodrnari Morhlmann Spitz Brown Grahowski Mowrry Stairs Rurd Gray Mrko~ric Strighncr Rurns Grrmfii.ld Mullen. M . I ' Stewart Caltagit.nnr (;ruppo Murphv Strrrt, Cappabianca Halvwson Musto Stuban Cessar H a a y Nahill Sweet Chrss Hayes. S . E. Nwak Swift Cimini Helfrick Noyr T;~rldonio Clark. H . I l a ~ f f r l O'Brien, H. Taylor. E. Clark, K. F1on:lman O'Brirn. D. Taylor, F . Cachran Hutchinson. A . O'llonn~U 'Trlrk Cohen Hutchinson, W. 0livt.r Thomas Colr Irvis Pfrzrl l'rrllo Cornrll ltkin Peterson Vroon Cr,slrtt ,Johnsijn. F:. I'ptrarca Wachoh Cowrll .Johnson. .I. Piccola Wargo Cunningham Jonrs Pievsky Wass Davies Kanuck I'istdla Wridnrr Dawida Klingaman l'itts Wengrr DrMrdin Knight P d i t r White T)?VPT~PI. Koltrr Pott Williams DiC;irlo Kowalyshyn Prntt Wilson Dietz Kukovich I'urciarelli Wilt Dininni I.;lshinger Punt Wright. I). I)omhrowski I.auphlin Pyles Donntucci 1,rhr Kappaport

Wright . J . I.. Yahncr

norr l.rttrrman Kwd Yohn nuffy 1,rri Kieger %*ller Durham 1,rwis Kittrr Zittermsn Earley I.ivmgood Horks Zord Fep I.ynrh. E. K. Kodgrrs Zwikl Fis<:her, K. K. Maikowski Rvan Fostrr. A. Madigan Snlvatr,rr Seltzer. Fostfr, W . Mandrrinn Schpa f f~ r Speaker Prpind

NAYS-0

NOT VOTING-19

B a r h ~ r Fishrr, n. M. Hayes, D. S . Rhodes Reloff Fryr r Kernirk Richardson Brunner Gatski K n ~ p p e r Schwrder D r W e e s ~ Grirro .I,*vin Wagner Dumas Harprr I.ynrh, F.

JOURNAL-HOUSE December 3,

The majority required by the Constitution having voted in the affirmative, the question was determined in the affirms. tive.

Ordered, That the clerk present the same to the Senate for concurrence.

REMARKS ON VOTE The SPEAKER. The Chair recognizes the gentleman from

Berks, Mr. Fryer. For what purpose does the gentleman rise? Mr. FRYER. I wish to be recorded in the affirmative on HB

1231, Mr. Speaker. The SPEAKER. The gentleman's remarks will be spread upon

the record.

The House proceeded to third consideration of HB 1663, PN 2389, entitled:

An Act amending the "Adoption Act," approved July 14, 1970 (P. L. 620, No. 208), providing for lim~ted access to certain information regarding natural parents and making certain repeals.

On the question, Will the House agree to the bill on third consideration? Mr. FREIND offered the following amendments:

Amend Sec. 1 (Sec. 5051, page 2, line 5 , by striking out "child" - and inserting adopted person

Amend Sec. 1 (Sec. 5051, page 2, line 6, by striking out "child's" and inserting adopted person's -

Amend Sec. 1 (Sec. 505). page 2, line 10, by striking out "child." and inserting adopted person,

Amend Sec. 1 (Sec. 505), page 2, line 25, by striking out "AUTHORIZED"

Amend Sec. 1 (Sec. 5051, page 2, line 27, by striking out "OR BY AN AUTHORIZED A G E N E a n d inserting . an agency or by the Department of Health or any other State agency

On the question, Will the House agree to the amendments?

The SPEAKER. The Chair recognizes the gentleman from Delaware, Mr. Freind.

Mr. FREIND. Mr. Speaker, it is kind of difficult to explain the amendment without explaining the entire hill. What the amendment does is just a language change which more clearly clarifies the intention of the hill and makes it clear that if in fact the amended bill were passed, the Bureau of Vital Statis- tics could not divulge the original birth certificates of any adopted persons unless so ordered by the court.

I think the easier way to do it, if it is the pleasure of the House, is to pass the amendment and then discuss the hill itself. Thank you, Mr. Speaker.

On the question recurring, Will the House agree to the amendments?

The following roll call was recorded:

YEAS-180

Aldpn Foster, A. 1.ivengood Ryan Anderson Foster, W. Lynch. E. R. Salvatorp

LEGISLATIVE JOURNAL-HOUSE

Armstrong Arty Austin Barber R ~ l a r d i R ~ n n e t t Rfrson Rittlr Rorski Bowser Brandt Rrown Rurd Burns Cal ta~i rone Cappabianca Cesssr Chrss Cimini Clark, B. Clark. R. Corhran Cohen COIF C o s l ~ t t Cowell Cunninpham Davirs nawida IIrMpdio DeVerter IliCarlo Ilirtz nininni Domhrowski Ilonatnrri Ilorr Iluffy 1)umas Ilurham Earley F r r Fisrher. K. K. Fishcr. I ) . M.

Freind Mackowski Fryrr Madigan Gallagher Manderinc, G a l l ~ n Manmil l~r Gamble McCall Gannon MrClatchy Gresry MrIntyre G ~ i s t McKelvey Grorge. (:. McMonaglr Grorgr. M. McVerry Giammarco Mirhlovir Gladeck Mirozdr Goeb~ l Milanovirb Gnndmali Miller Grahowski Moehlrnann (:ray Mowrry Gruppo Mrkonir Halverson Mullm. M. P. Harprr Murphy Hasay Musto Hayrs, S. E. Nov;ik llrlfrirk Noyr Horffpl O'Brirn. B. Flonaman O'Brien. I). Hutchinson. A. O l i v ~ r Hutchinson. W. Perzel Irvis Prtrrson ltkin I ' r t rarra Johnson. E. I'icrole Johnson. J Pievskv J n n f s P~s~PUR Knnurk Pitts Klinpaman Polite Knight Pott Koltrr Pra t t Kowalyshyn Pucciarelli Kukovirh Punt 1,ashingrr K;q~paport 1,aughlin Rrrd Lrhr Khudes I,rtterman Rirger Lrvi Rwks I.evin Kndgers l , ~wi s

NAYS-I)

Pylrs Slro[,nlk Rittpr S t r e d

NOT VOTING-1 3

Srheaffer Srhmitt Scirica Serafini Seventy Shadding Sieminski Sirianni Smith, E. Smith. I.. S p ~ n r r r Spitz Stairs Steighner Stewart Stuhan Sweet Swift Taddonic Tt+ylor, E. Taylor, F. Tplrk Thomas TreUo Wargn Wass Wridrier Wrngrr Whit? Williams Wilsim Will

Yahnrr Yohn Z*llrr

Spltzrr. Speaker

Vroon Wachoh

The SPEAKER. The Chair recognizes the gentleman from Delaware, Mr. Freind.

Mr. FREIND. There is a considerable amount of confusion concerning exactly what this bill does. I would like to give a hrief explanation.

We presently have a conflict between the present adoption law and the vital statistics law. Basically, the adoption law p r e hihits the divulging of virtually all information relating to natural parents. However, the vital statistics law is in conflict, and because of the provisions of that law, any adopted person 18 years of age or older in Pennsylvania can merely send $2 to the Bureau of Vital Statistics and receive his original birth certificate, which will always give him or her the name of his natural mother and, very frequently, the identity of his natural father, also.

What this hill does is, A, closes that loophole in the vital statistics law; and, B, for the first time sets up a procedure for those individuals, those adopted persons who wish to ascertain the identity of their natural parents. Any adopted person 18 years of age or older who wants to ascertain the identity of his natural parents, if this hill were passed, would petition the court of common pleas. The court then, on its own or by desig- nating an adoption agency, would conduct a search in an effort to locate the natural parents. When the natural parents were located, the court would ascertain whether or not the natural parents desire to have their identity and location divulged to the adopted person. If the answer is "yes," and the natural parents agree, the information would he given to the petitioner.

Once the natural parents are contacted, if they agree to have their identity and location revealed, the information will he given to the petitioner. If in fact they say "no," that they do not want this identity revealed, the court will not reveal the iufor- mation to the petitioner. The other provision of the bill is this: When an adopted person does not desire to know the identity of his natural parents hut wants certain information concerning his natural parents, health-related, sociological, whatever, in that case, any adopted person 18 years of age or older would again petition the court, and if the court determined that the information, which the petitioner was seeking, would in no way reveal the identity of the natural parents, then the court shall - . - . . . . . . .. . . have this information provided to him.

Beloff Grieco Knrpprr Rirhardson Brunnrr Hayrs. I 1 S . I.gnch. F. Srhwrdpr The bottom line on the whole bill is whether or not you feel DrWepse Kprnirk O'1)onnrll Wapnrr adouted ~ersons have the absolute rieht to know their natural Gatski

The question was determined in the affirmative, and the amendments were agreed to.

. . parents whether or not the natural parents agree. I do not think that is the case. I think there has to be agreement on both sides here. We have the obvious interest of the adopted person .

On the question, Will the House agree to the bill as amended on third consider-

ation? Bill as amended was agreed to.

The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage.

The question is, shall the bill pass finally? The SPEAKER. Does the gentleman, Mr. Freind, wish to be

recognized? Mr. FREIND. Yes, Mr. Speaker, for a brief explanation.

to have answers to the two normal questions: Who were they?, their parents, and Why did they put them up for adoption? But you also have the interests of the natural parents,

Take, for instance, the case of a 15-year-old girl who becomes pregnant, is not married, makes a decision to have the baby, puts the baby up for adoption, subsequently picks up the pieces of her life, married, has three or four children, and for whatever reason makes the decision not to tell her husband and her children about her past. The way the situation is in Pennsylva- nia right now, nothing would prevent, in 17 or 18 years, the natural son or daughter walking in on this family situation.

LEGISLATIVE JOURNAL-HOUSE December 3,

of Pennsylvania and the Pennsylvania Catholic Conference. It closes one loophole in the vital statistics law and a t the same time it libernlizrs the present adoption law by providing a procedure wherrhy an individual ran petition to have this information revealed. I would appreciate the consideration of this hod) for the hill.

The result to the entire family, in my opinion, could be devas- tating.

My other concern-and I admit tha t i t is not a primary, hut i t is a secondary, concern-is the issue of abortion. I happen to he antiabortion, hut I think i t is necessary not just to he antiahor- tion hut to be prolife to look foralternatives to i t . And I think if you have an unwed mother who is 15 or 16, again, and she is pregnant, and she is weighing whether or not to have an ahortion or have an adoption, if in fact she knows tha t she will not be guaranteed privacy rights-if that is what she wants-she may opt to have the ahortion rather than have the baby and put the baby u p for adoption.

I think it is a good bill. I think it is needed. I t is supported hy a number of organizations including the Children's Aid Society

The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. 1,ashinger.

Mr. LASWINGER. Mr. Speaker, I would ask that the members pay particularly closeattention to this hill.

I differ with Mr. Freind's opinion o r a t least his a t tempt toin- jert the emotional issue of ahortion into this bill. I d o not think

and the name would be given and the identity of the natural parent.

Mr. CHESS. So you are saying there is no provision in this law where a parent wants to track down a rhild-the child may not know that he or she was adopted, and there is no provision-for that natural parent to go to court and have this agency track down the child and find out whether the child wants to know ahout the parents?

Mr. FREIND. Only to the extent I just described. There is no provision for them to petition. This bill relates to the right of an adopted prrson who reaches 1R years of age to petition for this information.

Mr. CHESS. I would suggest opposition to this bill for the samereason the prior speaker brought up.

The SPEAKER. Thc Chair rt,irrgnizes the gent.lrman from Adams. Mr. Cole.

Mr. CO1.E. Mr. Spenkcr, I think wr. are deh;~ting a vrry important hill h r rc and I do no! know if t h r memhers ~.c;~l izr how import;int an issue this is . I do not ;igreu with thcspe ;~kr r in the f ; r t that most ;adoptces do not know th;lt thcy ;Ire adoptrd. I think there ;jrc prohahly ;I vcry frw r8sa.s of rhildrrn who ;ire ;idopted a110 a rc not told hy t h ~ i r ailoptioe p;irrnts. SII I do not ;igrcc with that stntc,mpnt. I think t.h;rt ;any child will :ilways have in th(. hack of his mind ;in($ hv curious ;ahr,ut thts n;itural parents. and I ;mm going to npllose this hill ;ind I ask the r n r m ~ hers to ioin me in ;I "no" vote.

The SPEAKER. The Chair recognizes the gentleman from Allegheny. Mr. Chpss.

Mr. CHESS. Would Mr. Vreindstand for interrog-ation? The SPEAKER. The gentleman indicates t h a t he will and the

gentleman, Mr. Chess, may proceed. Mr. CHESS. What provisions a re there in this proposed law

regarding a parent who wants to find out what has happened to their children whom they have put up for adoption? Is i t the same procedure?

Mr. FREIND. What the parent could d o is leave the information with the appropriate adoption agency, saying this, I desire, if the adopted person wants to know his natural parent, to have this information revealed. The natural parent could continue to keep his current address with tha t adoption agency, and in fact if and when the child reaches the age of 18 years of age, he or she petitions to find out his natural parents, the search would he extremely easy hy the court; the information would he there

tha t is an issue in this hill, and it is unfairly injected into the argument in favor of the hill, nor is there a need to close, a s Mr. Freind says, a loophole in the Bureau of Vital Statistics law. I t is my contention-and I am in agreement tha t the adoptee has this right without pursuing i t through the courts today to find who his parent is-that what the members a re being asked to do today is to halanre the interest of the adopteeagainst the interest of the parent who offered tha t child for adoption.

If you vote for this hill, what you have done is reduced the adoptee to the position of being a second-class citizen in trying to get this information tha t he, in my estimation, is rightfully entitled to. I would ask the memhers tooppose HB 1663. Thank you, Mr. Speaker.

., . 1;lndlord-tmant proceedings or things like that. 'This is not an a d v ~ r s a r y proc~rding. What , in f;ir.t, it t ; ~ k r s is to file a pvtition a ~ i d to hilvc the rot1rt ~ n a k r th(, scarrh. Fr~qucnt ly that, swrch is going to hc casy ti1 drr hi.causp thc first stop nould hc the Hu- r r su of Vital St;ltistirs or thi, ;iclr,ption ;~p,nr .y whn.<! the child was ;i<lopted. Thcy may h;iva, the infr~rm:it.ion right therr. 'Thr natural parent m;iy not have mrlvcd ; ~ n d it could htl (Ion? in ;I matter nf d:ips.

Yon may, of course, havr the problem where there have been a 11umhr.r of moves and it is going to take some time to track down this search. But thc cost involved would he the cost whether or not this hill will pass herause the search still has to he mad(.. As fa r as dollars and callts completely, I do not know and i t is impossihle to rstimate.

Mr. IIOEFFEI.. Mr. Spcaker. do you ferl that i t wr~uld hc nvrrssery for th r pctitionrr to hirc :in :ittnrnry to rrprctssnt his intert,st w h m he pvtitions the, r r~ur t?

The SPEAKER. Thc Ch:rir nrr,pliizrs t h ~ gr.ntlcm;tn from Montgomery. Mr. Hoeffcl.

Mr. HOEFFEI,. Will M r . Vrcind stiltid for inti,rrog;~tion? Thp SPKAKER. Mr. Frpincl in(1ic;ltt.s that he will. ;ind Mr.

13oefft.l may prorre,d. Mr. I-IOEFFEI,. Mr. Spik;ik,.r. rill1 yoti tell US what th r potm-

tial rost might he, to ;rdopters who havr to prtition th r court ;ind/or ;, private ;igency to pet this infnrni:rtion?

Mr. FKEIND. F:a<,h court rvnuld promnlg;iti their own cost. Filing fec,s are tn he charged ;IS in any otlic~r sit nation.

I certainly do not think th;it i t would hc rie;~rly the rost in- vnlvi,d as thc cost involvrd now in m:lny nf the hills that wr oass. :arid t h w u ~ ~ u l d s1.t u~ sdve,rsnrv orort.~dinas. surh as

1979 LEGISLATIVE JOURNAL-HOUSE 2483 -

1 E N No, 1 I I . t i t is I I r l r s r I - Thc l,mci,durr in I'mnsylvnnia h : ~ s ;rlw;rys hren th;it i1110n t hf' ,c.cding. 'I'lrrrr is rc,;llly nlr i+si~,, to 11,. rlvtc~rminid hrri,. Thc, lc,inrlusicrn of thv ;irloption procrdings. you mcrvi- the court to pt~titinn is Si l<~l . Upr~n rt.,.i.ivi~lg t i i t , l,i,tition. l h < coi,rt m ; i k ~ i /givt. yiru ;I n(.rv t ~ i r t h crrtific;lti.. That i.i.rtifir.iitt. indicl t i .~ that thc sc;irch ;11rrl ;~ttrnrl, ts to lri<,;~tr, t h i 1,:iri~irti 'l'hi. n i ~ t u r : ~ l p ;~rvn is say. ym. wr. iu<,uld hc. I I ; I ~ I I I ~ to n11.1~t our n:~tr~r:rl child. That is it. If thry sir? "no." th;lt is i t . 1 is I l r s : ~ r y . I I

s i ~ ni, nvcrl for a n :rttortiiy Mr. 1I01.:l'FliL. All right. Mr. Spe i~kr r . yoii said i l l ,your judg-

ment w c h cnurt r , f ~ ~ ~ i m r r ~ ~ i n plt,;rs will hirvi. to set up thr i r ow11 regulations on this rn;itter'?

Mr. I'KEINI). ('orri.ct. Mr. HOEFFEI,. I klroiv t11;it i t is il;irrl to i'stim:lt~, u.111thi.r

s<xn,, i,ourts would ch;~rgt , ilny kind (IS : I 1'1.1. 1'11r Ihii sf3rvicr. 1 ;am not fiimilinr if t11;jt is done. i l r <,rli i~r kiriils of p ro t i l~ms whvn I t i t I I r i ~ i f i r ~ ~ t i o ~ . I ;!rn fc,:irfr~l t l i ;~f thi,rc, m;iy ht. quiti. :I 1:1rg1. i,xl)cnsi, huilt L I I I xr011nc1 this ~jroi'c- iiuri.. i.itl11.r thri>ugh tilr rollrt t h ; ~ t is 111,ing jii,titii~ncd or t r h I r i I t I t I k to I I

sv;~rr~h. (:an ~ O I I t i , l l mc if 11riv;itt. ;igi.nr.ii.s might : issi~ss somi, sort ~ ~ I ' f ~ ~ ~ ~ ; i g ; ~ i ~ ~ s [ t he, 11vtitionvv to < I , > t t ~ , , st,:trch?

1111.. FIiKINl). \V<,ll. of i . i > i t r - i < , l l lv I . I I I I ~ I ~ l ~ ~ s i g ~ r i i t i ~ s , hils th<, powctr In rlo i t itii,lf i ~ r r l f ~ s i ~ t ~ : i t i , an ;I-I,II( T h i (.o11r1. it1 fiict. uouid then, in <,:~i.l, l>.~~.tii ,r~l:ir i.rnlnfy. h;ivi. t l r i p~wr r to I , r o ~ ~ ~ ~ ~ l g ; l t i rulh;it I I I t i s I t 1 g 1 1 i s . I I i ~ i i I I o ~ r l I I I ~ I I I I I o r I ri,:!si,n;jhli ixli<,ns<,s. 13\11 k i . q ~ in rni~l<l thirl \\-(, r;ln ion.;t:~ntly 1i;tss 1i~gisl;ition n.hi<,h r iqnirrs ~ ~ i ~ t i t i o ~ r i n g Ihi, i.<,iirt to dn tliings, w h i ~ d ~ is fr?rjlli>ntly ;idvi,rs:lry. whi(.li (,r>st :I lot rnorc,. For thosv individu;ils \viro i.;llinot :~Sfor~ l i t . tti<.v wol~ld still

the ~ ~ o p l e who 11;lv<, just : ~ d o p t i ~ I t h r rhild ivc,riz in f;1c1 t h r n n t ~ iir;~l ~, :~rc~nts ; rnd a hirth crrtifir;,ti, was issuvrl. givrn to t h r p;rr- i,nts, rvhirh t l ~ r , ~ us,, to ri.gistrr the child in sr~I~or,l. I t was then thcir choir<, rvhvthcr thcy u.sntcd 10 tixll t h ~ t vhild wlicthrr thix chilrl w : ~ :~irji , tcd I I I . not ; ~ d i , p t i ~ l . Wi. did rrol in t i . r f~re in tIi:11 i.hoii.i,. IVi, did not 11i;ly (;od with th<rs,, p;trrnts. Wi. ;tlloivt~~l t,hi,nr to choosr wh;it t h t y thought \V;IS right fur thi*ir rhild. M:h;it h;is 11;1~,pcn,.d ~v i i l rn t ly is thcr,. is :I loopholr in tht, l ) r ,~ l~:lrt,m,,nt rlf Vit;il St;rtistirs ruling ;rnd childriv ;an, h h g ;r l - Icnvi~I to writ? :ind Sind out inform:ltion th;it. I!, :,:rrrnt m;ly h:rvt. clrridrd cirnsi,ioosly not I, , g i i r thi,m, th;,t is. the. ;idopting p;~rt,nt. That is one p r o h l ~ m . Tllr sut~s<.qoi,nl prohlrm is t h r I ~ r o t ~ l i . n ~ that Mr. k'rcincl told yon ; r t ~ o ~ ~ t . If ;I mother in good conscirncr. a t ;I v r y t,.ndr.r ;~gi , . drcidrd ti, t;lkix the vi.ry diffi- rnlt s t c y ~ < ~ f g i v i n g up ;t rhild ;lntl w;llking;rw;ry from th:lt,i,hild. sht, did i n with thi, derision that ihc. did not want that i,hild to ht. trvr r~sponsihility and t o ;i~qx3:w it1 hi^ lift,.

WC h i i r ~ ;) very VCIV;II milrority of l)ropl<, whcl iirr adupting. who :IIT ~ ~ r c ' i r ~ r t l y fighting : i l l O Y ( ~ ~ the i!nitrd S t a t ~ s for the right to find out th,, n:in~i. of thi,ir n;,tural p;jri,nt without B

rr,,~rt l l r o i l ~ d ~ l r c . Th;rt noulrl hi. (ltxstrlli~ti\r,~ of t h r inwntivt' for \,,>ung W O I I I ~ T to pliivr t h r ehiid up for ;ldr~pii<,n. 1 think tha t Mr. Frrind e<jrn,i~ily r;risi.il t h r prnhlcm of :lhortion for thosr of yon who ;rrr anti;>hortirln. And I think that this hill should be I ~ x s p d . It is not irhanging tht, law: it is rtxctifying something so t h ; ~ t ( h i l;rrurrm;~ins;~swi~;ilw;iystl~ought it n.oulclh;rv,~hcen.

h;ivc thi. s;>mr i.i'dri,~s u<, h:>vi' right no\\.. thiil is. Ivgiil i~ id . w h i h of C O I I T S ~ t v i ~ ( ~ ( i n t i n l ~ i ~ 1 0 fund with sorn,, i . ~ r ~ t r o v ~ r s y . SO tliost. \vho i.~lold not ;rfford i t would hiivi, t l h : ~ ~ :ivi,n11<,. :11%).

Mr. lIOl?k'k'l?l.. \VI,II. I ~ ~ n r l ~ r s t i ~ n ~ l ;1n0 : ~ ~ ~ ~ r ~ ~ ~ ~ i : ~ t ~ ~ your ; I I ~ -

swr,rs. Mr. Spcnkcr. I :IIII i t i l i i.i,nci,rnvd :ihout your in:lt,ility. a n d I un~l,,rst:inil y011r in;~hilit\, t i ] give, us ;I drfinit<, :Insiui~r orr the cr~sts. Somi. adult i i i i<~l~t i~i ,s who :IT(, in S : I Y O ~ of I>iling ahl? 10

cont;r<.t their natural 11;iri~nts h;~vix c ~ r ~ ~ r c ~ s s i ~ ~ l to mi. tlriir f ra r that this i.onrt prr,c.~,iluri i.oold I>,, vvry costly to t hvm. Thiy have givrn mt, i~x:lmplc,s from othrr st;i~i.s u.tirri, thi, cost ru;ir

in th,. th<ms:inds of do1l:rrs. I clr , nut know if ' thi, li~.ix,rilun,s in r ~ t h c r st:rtcs ;rrr ;rny~r.hn.t~ nr8r the, kinrl of 1>roi,i,dllr<, voo ;rrr srxtting ul,. I just d,, I I , I ~ I I B V ~ ~ tila1 inf~rmiitiorl. 1 WAS Iwy>ing that you would. Thank yoll.

The SI'KAKKR. Thc ('hair rrcognires tht.gimtloman from 1.r~ high. Mr. tlittri..

Mr. KVI"I'F,R. Mr. S p e a k ~ r , I htllirve I he;irtl Mr. Levin cor- rectly. s n d I tell you that is the first I knew t h ; ~ t ;ln adoptive parent could go to court and get a birth cvrtific;ite thnt indi- c;it ,~I that those edoptivr parents wwt. in fact the n ;~ tura l par^

r n t s of thr, child. Mr. Levin said wr do not w;rnt to play (;od, and I suhmit to you tha t if you can substitute the name of a n adoptivr parerlt for the naturirl parent's, thvn wlrat arc wc pl;ry- inp? I think thxt is ahso lu t~ ly inr:redihle.

I think tlic issuc is n very simlrlt. on<.. I think Mr. Cole ~ I I I ~ it ;ihr,i>t ;as rvrll a s ;lnyhody can. ;rnd I think that tIl;it is t h r right of ;ally pi3rson to know in fsi.t rvhri :Ire, my natural mother and fa th r r . If vou nass this hill arid yolr m:iki this I;rw. \,nu a re s : ~ v ~

I S I A K I . Thr, ('hilir rir.ognizcs th,, g ~ ~ n 1 l t ~ ~ n ; i n from I'hil;~drlphi;~, Mr . I.rvin.

Mr. 1,KVIN. MI.. Speakrr , I rist, to snp l~or t the. Icri,ind ;~mi,nd- m r n t and I ivould apprrci;it i if those r ~ f \>iiu who ari. not familiar with the ;idoption I a n would 11nusr in yoor~on\ . r ,~ . s : r t i~~ns for just a rnomrnt to undrrst;ind tha t th,, hill is not makirrg n

change in t h r law hut :lttrvnpting to clarify wIi;~t h;is ; r l~l~; i r rnt- ly occurred a s a loopholf~. I,rt rnr explain: Forye; l rswr ;issum(~d that whtm yrlu g;inc ull a rhild for ;idrlption. ;at the, ronclusion of t h r adnption prt,n,t.dings. you filed with th,. I)c.l~;~rtnirnt of Vi- tal Statistics a rrqnt,st for ;I nt.w hirth i,crf.ific;rtr You were given a new hirth i.i.rtifii,at,, which indi<,uti.rl t h ; ~ t thc adopting p a r c n t s ~ p r c t h c n a t l ~ r a l p a r e n t s o f the child.

. . ilrg f'orrvrr. I do not <.;Ire how old th;it pt,rson may hr. if they a r r iirrr 18, they will nrvrr . if their n;~tural parents do not

want tri ;illow it or if in fact they ;art, r1r;rd. they ivill nrver fin11 out rvho their n:it~ir;rl parents a r r .

And I i,;innnt suhsrrihr to t h r thrwry thnt adoptivr p a r m t s can in f;ict suhst,itut<. their namrs on :i hirth certificate in pl:icr of , ;and say in effrct tha t they ;arr. the natural parents. 'Thai just clots not scrm to makr sense to mr. That seems to m r to put the st;rtr in the positi<~n of 1,rrmulgating a n offit-i;~l li?, hc- raust, those records a r r official ;~nrl pr,r~plc rely on thrm. ; ~ n d if Charlie .J<mr,s is thc ;rdoptivr f;lthrr of Mitry Smith and you ;lrf, going to say tha t tha t is not t ru r and that Charlie J o n r s is in fact the natural f a th r r of Mary Smith, that has got to h~ incrcd-


ihlr. I think that we should drfeat this hill and let t h r ;ldoptrd woulrl Iikr to think it would happen, will go ahe:ld with the childrrn, whenever they a, desirr,, find out if they want to ;rhortirin. know whrr their natural parrznts are. I This is ;in a s s u r a n r ~ th:tt we h;rvi~ over many years g ivm hoth

The SI'I<AKER. The Chair recognizes the majority leader. Mr. RYAN. Mr. Spcaker, 1 just listened to Mr. Ritter and I

appreciate what h r is snying, hut I suggi'st that hc has not thought i tou t . and i;rm not trying t o hcsmar t a t rill. Inrant you t o t ry to think along with me on this hill.

I have handle& ;IS $1 1;rwyer. perhaps six rlr cight :ldoptions in t h l 20 years I have pr;irt,iced law. 1 have talked to any number of lawyers and social workers with respect to adoptions tind I would guess tha t of t h e lawyers who a re memhers of thr: House, somewhere in their urreers they have handled one or two or five or t m adoptions. Most nf us handle very fcw in the course of a legal rarner.

Today th<:rt, are :my numher of potential ;idopting parents. Ptoplr rc~ally want to adopt rhildrrn, and children av;ril;rhlr for adoption arc rrally scarce. Now I have talked a t least on two or t h r r r occ;rsions in the past 5 years to unmarrivd girls who ;Ire pregnant who arc, ronsidcring adoption or abortion, or zrhor- tion, and it is a traumatic c-xpcrienre for th r s r girls to try ti, make this dcvision. I would say, without excrptinn, those girls whom I have talkr~rl to-and I h;rvt, rhecked th i sou t with sricial workers, ; m i I think without cxceptinn th ry ;rgrae with my next st;rtr,mc~nt-t.hat in $19 out of 100 caws, if an unwed mother thinks thxt somewhrrr dnwn thc line this child whom she hasan t l i~ons~~ious ly pu t sou t for adoptinn. if she thinks tha t somc~ri:~y it will he imhli<. knowledgr or tha t child will come hack to her and say, 1fi.y. you a re my natural rnothvr. Why did you ever put mf out for :ldnptian?, I honestly hclievr that thp rhoice will he much sirnplcl. for that girl and that s h r will go ahead and h:ivr.;rn ahortion. I helipvf, ih;lt.

Thc. whole process of ;~doption is traumatic. I t is t r t~umat i r t o the natural parent; i t i s tranm;rtic to the adopting l ~ n r m t a t the time awaiting t h r hirth of this child. Social z~gencies h;~v(, rr- viewed the harkground 01' the adopting parent: thry h a w looke(l into the, hackground rrf the n:rtur;ll p;~rr,nt, and in most rases they make ;I match tha t , if p(~ssihlc, matchrs up rthni- rally-this is thtx n:rtural rhild and thc adnpting parmts-and matches up frnni ;I religious st;~ndlxiint. The court looks into all this. The courts-$11 least in our county, and 1 ft.t.1 sure this is common-smd out people t o intcrvirw. The court does. in addition t o the. social agenri5.s. Now what Mr. Frrind is suggesi- ing is tha t if this adopted rhild, who knows he is adopted now a t age 18, wants t o find out who his natural parent is. he goes to court and the court looks into it for him and finds nut whrther the natural parent is >rgreeahle. I think without this protection. if I t a l k 4 to, or one of you talked to a girl who is prpgnant, trying to make a dwision hetwrpn ahortion and ha"- ing a child and putting tha t child up for ;rdoption. if tha t person a t least knows tha t she is [~rotected hy the law as t o her r~ i r ! namr,. the fact tha t sht. i s the natural mother of a child, if she is protected t o tha t Extent, she again will go ahead and put the rhild out for adoption. I predict tha t without that , this natural mother a i thiss tagc of her life, whrn she is 18. 17. 16, 19 y w r s of age, without tha t kind of protectir~n. in more cases than we

the natural p;rrmts ;rnd the ;rdopting i,arcnts, tha t the iricntity will ht. p r ~ s a r v e d , that they could with confident? go ahrad with this adoption, knowing that the identity u'ould he confi- drntial and that this hirth rertifir;rte would he issued upon t.hr ;rpprovnl of the adoption so that the r.hild ;at ;I 1;rtrr date, going to s c h ~ o l . can give the school offiri;ils the hirth rcrtificate tha t is no different th;rn the ct~rtifi,~;rte of my rhildren or your children, and it looks the s;jm<,. It dors riot show that the chi ldisor 1s not the natural child of t h i parents.

This is ;I p rn t~c t ion wc have ;rffortlcd the ;ldopting parents ;ind thc natur:il parcnts for many yi2nrs. and I think it is :I mis- taki, and I ;lm rrally sirrprisrd th;,t t h r vilal statistics people would issue. this. This t : i k ~ s mt. hy sirrj~risc. that vital statistics would t,i:ll anyrnt. this, hr,<.;iusr, in my judgment, if ;Inyon? had askrd me this qurstinn ;I" hour .~grr. 1 wrmld havv said those , denti it it,^ nrc prote<,tcd hy t h r court: that th ry a re confidential and those rerr~rds ;Ire s;lcred. hrc;rusc~ that is my understzrnd- Ing, that those rp<,ords wcre s r t ;lsid~. ; ~ n d tlics were not puhlic knowledge. I think this is ;I hill that w,. ~ ~ r r ~ l r a h l y should have p;iss<.d long ;igo. if in f:wt the 1;1w t,rxl;ly is ;as Mr. Freind s t a t f ~ d It t o he.

The SI'EAKER. The Chair r r~cogniz~~s the gmi l i~man from Hutlrr. Mr. Hur<l.

Mr. HUKI) . Mr. S11e;lkt.r. would th,. g(mtlem;~n. Mr. Freind, suhmit tnhri<:f int<,rn,g;>t.ion?

The SPEAKER. Thf, gvntleman. Mr. Frrind. indirates that hr, will, and Mr. Rurdm;iy proceed.

Mr. HUKD. Mr. Spr;rkcr, the nrca of cnncrrn I have fnr HH 1663 is the i.ongcnita1-disc;js(, prnhlems that arisi,, such as in thc areas r ~ f h c ; ~ r t disease. polio, that, type of history. histr~ry of sugar in the family. his lor it,^ that I helicvc to he vrry vital inform;rtion. I helirvi, yo11 touchivl hricfly on it here earlirr. I a m sorry: there was tor) much rrrnfusion: I coulrl not hrar your answrr for that . Would you mind rritt3r;liing i h ; ~ i for me,

Mr. FREIND. Thcre is nnc3 saparate srr,tion that deals with tha t , Mr. Spe;ikr!r. If ;in individuzil desires infnrmation roncern- ing health relating to the natur;rl p;rrr,nt,s - health, sorio- logical, any irrform;rtion like' that. not the idrntity r l f the nat- uralparpnts but just thnt typr of inform;rtion- that individual may pr,tition thc, court. and so long a s the, rrlurt is satisfird tha t thnt inform;~tir~n will nrrt r,>vr;rl the identity of thcn;rtural parents, the rrlurt has hscn required to h:lm, this information turned over to t h r pr,titionrr.

Mr. RURD. And does your hill makr r~qui rements that the natural parent would haw, t o relinquish that informatinr~ upon giving his nr her child over for adoption?

Mr. FKEIND No, it does not. Mr. Spenker, hr,ciruse tha t i sa l l par t of the adoption records ;rnyw:ay. That is ;rll in the adrrption records. and t h r irourt can merely go to t h r a(loptir~n agmcy :rnd g r t the full physir.al reconi or all that is presently in the adoption rerords, ruhirh arc sralrd, hut thc rourt r:ln go to the ;rdoption rwnrds and gct all of thc inf,ir~n;at,inn that thp peti-


tioncr sccks on health. hrcausr thrrt , is ;I full workllp on hoth n;lt,ur;il p;irent.s un the hi.alth. any midic;~l l~rnhlcms t h i t thi,y h;lvi.. ;jny inform;ition. I think. that would hi. ilcsirrrl in this c'asc.

Mr. RUI11). Okay. Thtink you. Mr. Spcakrr. No fu r th r r IIIIPS

t i i~ns.

would only he medical information and he nothing mnrt, t h a r t.hat?

Mr. FREINII. 1 cannot rrirlly think ivh;rt rlsr i t ivould hr . . Mr. S l ~ ~ ~ ; i k ~ ~ ~ ~ . I 111t:an. i t nriglit hi. you w n ~ i t some soriologic;~l infnr- rn:rtion. whatrvrr that might he. ~prnfr-ssinn. somvtliing like th;it. That would be a ju r lgm~nt c:111 f i r t h r mur t to t~lnkc. Thr riason i t was put in in tha t l;~n@~;lgr, is!l!l.!l pi.rrcnt, of thi . time we ;art2 talking mrdii,;il. hut. I iliil not want to limit it in cast therr is ;lnothrr fartor wr h:ld not thought ahout t11;rt a prti- tioner might justifiahly desiriz to h;ivr, ;xnrl t h r court is <.on- vinced it will not endangrr the ;~nonymity of the natnr:rl parents.

Mr. SCHM'EI)EK. You zlrc confident then that it wi~uld nil1 he possihlr for ;in adopted child ti1 go in ; ~ n d sc,t,k ini'r,rrr~ation such ;IS orcupation and locatic,n of hirth n1e1.t4y- It, just conrcrns rn,, tx~c;iusc you ilid not, give rni: the ansrvrr. I thouplit you w r r r on that. that inform;rtinn like that might he readily av;~ilahlr. Ilo you ser that ;IS 21 ~lossihilitv or as a very r rmot r i~ossihility tha: the court would g ran t tha t information?

Mr. FKEINII. I see tha t as vrry remote, and I think what w r have. to do in this kind of legislation is-if yo11 ;lri. sul~r,rsper,ifir on t h r l anwage , you niav hr precluding a partii.ular instancr whc~ro this information is noccssary. So wv leave it in t h r d i s ~

crrtinn of t h r court with t h c rl(,ar i n t m t sp~l l rc l out throughout thi, hill that the rinmr of t h i g:imc is protecting thi: ilnrlnyn~ity of thr, n;~t,ur;jl p ;~rrnts . In f;~ct,, if tlri. cr,urt fpt.1~ that the p r t i ~ tinncr is fishing, what thr. crn~rt can do is ;~rlvisc and s :~y , y(111 ; in . filing undrr the, wrong section: f i l i~ nndc,r the srrtirrn where you want us t o lil<,;~t<, thi. n;itnral p;lrixnts. Wi: will do it for you:

Th,, SPEAKEK. The. (:hair recognizes the grntltwn:ln from Srhuylkill. Mr. I~utchinsi~rr ,

Mr. W. 1). HL~I'(:IIINSON. Mr. Spr.aker, there sc tms to bi,i.n ;I lnt of misunderstanding uri this hill. Some of it was 1.1c;rrrd up. perhaps, hy t11e majority leader. 'The fact of the matter is, the hill really does not make any changc with resprct to thc fact o f t h r hirth certificate procedurr a s it now exists undn. tht. law. and, in fact. I think it may makr it possihlt uni1r.r proper circumstancrs for the child to get inl'r,rn~ation that h r otherwise might not h r ahli. t o g r t Unrlar r:urrent law. as Mr. Levin said. the hirth certificate tha t is issued s h i ~ w s th,. ;rdupt- ing p a r m t s ;IS t h r natursil p:ir<.nts, ;ind il what Mr. Ritter says is the case. tha t we are playing ( h d , rve havr brtxn doing th;it for ycars. and mayhe that is wrong, and this hill is designed to set up a pructdurr t r ~ rorrt,ct t.hat kind of prohlrni. I urge support of the hill.

T11e SI'EAKEK. Thr, (:li;~ir rivrlgniz<.s thc gc~r t l<~nian from Nr~rth;impt,,n. Mr. S c h w ~ ~ d c r .

Mr. S('I1WEI)ER. Mr. S p e n k ~ r , would Mr. I~'rr.ln<l rnnsvnt to interrogation?

The SI'l?AKEI{. 'Thr g r n t i ~ t n a n . Mr . I"rrint1, vonscnts to interroyation. The grntleman may prortvd.

Mr. SCI1WET)ER. Mr. Speaker. the specifir,qurstion 1 havr is in t h r language on the srcond page that the court furnish to such child any sub information ronrt,rning the natural child's parrnts as will not t,ndanger t i ~ r anonymity of such tiatur;rl rmrents. Are vou convincrd a t this uoint that that information

Th,. SPEAKER. 'I'he Ch;li~. r ccogni~rs the, grntli:man from 1.t.- high. Mr . Z ~ ~ l l c ~ r .

Mr. ZELLHK. Mr. Speakrr, just rtv:~ntIy. ;~hout Fehru:iry or March. I h;ld surh 21 wisi. where it w ; ~ most in~por tan t tha t the idi-ntity r ~ l ' t h r p ~ r r e ~ ~ t s he kept, in nther wortis. ;I stvr<:t. I t was a crsp whc,ri. tile rnuthcr, a t the age, of I5 or l(i, let h r r chiki go in ;in illrgitimnte hirth ;mrl dirl not w;mt her chilrl to knc~w any r ~ f the circumstances involvrd, and. then,fort.. thr fostrr parents had to promise.

The child found out uzhtw she was 23 y w r s ,,Id that shr, rnis a n adopted child and sht. hecame vrry ill. Now llert' is ;I case whrre he is saying t h e w wnuld he a medical prr~blr~m. This child was psycl~ologically torn ;111art. As a matter of fact. w r had to s tar t seeking to find the p;jrcnt if she ruanted to reveal i t . Aftr,r traveling ahout five states, I found the mother living right here in lI;,rrishurg. and she came her? with hcr hustmnd so she could go ;rnrl look a t her child once> in a while. I t was hothcring her, too, hut she still dirl not want the child t o k n o w

What h a p p e n ~ d was, I had to meet with this woman a t her jnh privately hecause s h r dirl not want her husband to know; she did not want her clrildrrn to know. Hcre usas ;I vrry serious situ;~tion where she agreed to meet. We met srcretly so thirt little girl could see her mother, and the girl snapped out of i t .

ivr, will find out if t h i y arc willing trl Il;i\,c thrir irlt,ntit.irs r r - vr;llid. : ~ n d will gr t h:l<,k to you

Mr. SCIIWEnEK. My srrond qut,stirm is: 110 yrlu SI.I,I ronfi- dent, thvn, with the ;imrnrlm,,nt you h;ivr ;~<lrlcrl to this, th;~t thi.; ~voolil i,fSci.tivrly covi,~. : i l l ;rgrncirs that uwnl~i havr this . . ~nfr,rnlation'?

hlr. FKEINII. Yes. hri.;ius<, wr, took the r l r f ini t i r ,~~ of "ilgmiy" from t h r ,,xisting adnptinrr I;iw The on(, l,nil,lr.rn we had. :in11 t h l r,,;rs,,n wr 11ut th,, ;jm,,ndmcnt in, is with the I;ingu;rgt.. It, w;ls nrit 100 11crct.nt i.lr;jr th;it w,, iirr i i l s ~ r ~ f c ~ r i n g 1101 only ti) adoptiiin :xgcni.ics but thi, Ilur<.;iu of Vital St;ltistics. 'Th;it is

iuhv tlrr 1nngu;lgi. vh;%ngi. W;IS put in thr.ri,. t,, maki su r r that unli,ss thc co l~r t s ; ~ g s yes. r i ~ ;rgrnr\-. h r it ;in ;idol~tion ;rgftn<,s. h r it th,, Hul.i.;ru of Vital St,;,tistir,s or any othi.r stzilo ;rge~lcy. can turn r,vr,r t his inform;~t io~i .

Mr. SCIWT.:r)ER. Thank you, Mr. Sl~v;rkc.r.

'Thr SPEAKEK. 'Thr Chair r,.vngnizrs t h r #i,ntlemnn from Northampt<in. Mr. Si,hwrdrr.

Mr. SCHWEIIEH. Mr. Spi>;ikcr. I know I ' r r~n~ my dr;~lings with thc currrnt nilnlrtirrn l;iiu and what I hnjrr, to l ~ c the news- sary nmn~rlrnc~nts. ;it li.;ist ;IS nrre3ss;jry a s I consiclrr thvm to h i 111 HH 21:1. th;lt there is no pii,n, of l~gisl:ltir,n that r a n j~ossihly dc;~l with protrr t ing thr, rights of rv r ry singli. individiial in i.\.rry c;rsr ;and rn;lki, c,vi,ryon<, ll;ll,py. hut I think thnl this legislation. j,;irticul:rrly with t h i rlllcstions ;IS th ry wc,rc ;lrrs~vrr~vl hy Mr. Freind. is oni. that dcsrrvibs orlr sul~llol.t. ;rntI I rvould ask for ; inaff i r rn; i t iv ,~votci~n tllr i f~pis l ; i t i r~~l .

LEGISLATIVE JOURNAL-HOUSE December 3,

She now found her mother, and the girl is well today, hut the secrecy is still there for her hushand trnd her children. Nohridy knows this.

Now here is a case whprp Mr . 1~'rvind.s action wt~uld allow the ~ 'ourt Lo say then, let us look intc thc.situation: l ~ t us find nut if t h a t secrecy is nccrssary tn he kept. I helieve he is hitting on the right track. tha t this is the way to do i t . I had a case like tha t , and, a s ;I ni;rttrr of fact, y i ~ n have to go through one of them yourself to know, herause they rrzrlly tear you apart .

in te r ro~a t inn . The grn t l rm;~n may prorerd. Mr. J . L. WRIGHT. I have a constituent, a woman in her mid.

fifties, who does not know who her natural parents are. She as. sumes tha t she was an illrgitimate child. She assumes tha t her mother is from out-of-state hut does know that there ar t records with ;I social service ngmcy in the city of Philadelphia. which ohviously she cannot get to. Would this bill help her in finding out who her natural parents are? Mind you, the as- sumption is that the parrnts are probably dead. The assump. tion is tha t they nevrr lrft pfrmission for her to find out .

Mr. FKEIND. T h r hill would only help her if in fact she filed a petition and the, r r ~ u r t madr a search and locatrd one or tht other of tlie natural parents still ;~livr. If the, natural parents were, not still alive, t h c ~ r < ~ wr~uld he no way for t h r permission to he granted, and, thert>farc. s h ~ . woold not hi, zthl* to receive from the court tha t inform;rtir~n.

Mr. J. I.. WRIGHT. Can yoii nutline for us t h r procedure the,

court will follow? Thtsy will not hire a private: d e t ~ c t i v r to go out and search, will they?

Mr. FKEIND. No. As rr matter of fact. th r l a n p a g r which we put in hy amendment in thc committee would permit r i t h ~ r the court to conduct t h ~ search itself' or to designate an agency- and defined "agmcy" in the ;idoption law means an adoption agmr:y-designate an ;ippropri;~tr adoplion agency to chrck the records and hegin and conduct the search to in fact find the natural parents.

Mr. d. I,. WRIGHT. Docs this moan written communication heturfen the court and the social s<:rvice agmry , o r does it mean more than that?

Mr. FKEIND. I t means any communication that the court deems necessary. The court could write. I mean, it would he up to tha court to either place a telephone call and say we have this petition and give the information orally. I would think tha t nor- mally what would happen would he, in fact. a confidential let- ter would he sent or a personal meeting would take place with an official of the agency. There is specific language in there saying tha t all this must he done in such a way as to insure, while this process is taking place, the anonymity of the natural parents.

Mr. J . L. WRIGHT. In a critical fashion, we all a re aware of "tht. effc~rts" the courts expend in trying Lo find a missing father who is not supporting his children. Can we expect in this

sitn;~tion thnt th r courts' i~ffrtrts will he. f~qua l to. less than, or greatrr than?

Mr. FREIND. As you know. Mr. Spr;~kt,r, I rtlnnot answer t h a t question. Thert~ a r r any num11t.r of courts of common p l f w in Pennsylvani;~ and any rlumher of various judgtv in each court. That is the same as saying, what prrform:%nce cirn you expect from one single legislator or from one single S~,n;itor? I t is up tr, each individual the t f fnr t that they put into their joh. which is the bottom line nf everything we do anyway.

Thc SPEAKEII. Tht, Chair rrn>gnizrs t h r gentleman from Bucks. Mr. Wright.

Mr. d. I.. WRIGHT. Mr. S l~eakr r , m;ry I interrogatr Mr. Freind, ~~lv;rsc'?

The SPEAKER. The. g e n t l ~ m a n indivtitt,~ h r will stand fnr

On thequestion ren~r r ing . Shall the hill pass finally?

Agreeahlr to the pn,visionsof the Constitution, the following roll call was rerorded:

Austin Rrlarrli Chess Crlhrn Cole Cornell

8

YEAS-169

(;:,lk~~rh<,r MiKc4vt.v <; : t I l en M~.Monnglr (;z~~nhIv MrVvrrv l : ;~nn~n Mirhl,,ric (:t,t,sry M~,,OIIIP (;c,ist Mil;#ii,>virh (;eor~?, M Millrr i Morhlm;it~ti (:ladeck Mowrry (;orhr,l Mullen. M . P (;oodm;tn Murl~liv Grnh,aski Muslo (:ray Nnv;ik l:rnpp<, Nov<, Halri~ra,ii O'l3rii.n. H. Hijrprr O'l3rii.n. I ) . Has:ig O'llc,nncll H~lfrick Olivrr Il"~ff '4 1',,1-2,,1 Ilutr.hinson, W. Pt,ti,rson lrvis 1'rtml.ril ltkin Pi,~cc~Iz, .Johnson, K. Pit,vsky .lrd~nson. .I Pistrll;~ .lonrs I'itts Klin.;rm;in I'olitc, Knight I'ott Kow:tlyshyn 1'r;ltI I.:t~~gI~lin l'~twi;tr~~Ili I.i.hr I'ont 1.f.t Ic,rrn;~r, K:~p~x~port I,evi Ih.crl I.ecvin Khixic,s I.(iwii Rirgt-r I.iwrtg,~~~d I1cr.k~ 1.vnr.h. E. R. Roily<,rh h T ; t ~ . k ~ ~ ~ s k i t l v ;> i~

M;tdii.;m Sill\.:,t~re .Cl;inderini> Si.hv;tflrr M.rr8rniIlrr Sclim~l 1 MC(:;~II Schwcdrr MrCl;ttrhy Sririra hlrltitVrp Srrctlini

Clark. 11. Cochr;+o Cnsli,tt ( ' < , ~ " l l Cttnninirlr;~rn

I)i~airs I)PWP~~;, . 6<.<,1,,J". ('. Gnwfirld [email protected] E. Hutchinson.

Svve,nty Shilrlding Shol,nik Sicminski Sil.i;<nni Smith. F:. Smith I.. S~"'"'"" Sl,ilr Stilirr Sti,ighnc,l- Stt,w;~rl Stui,aii swi+,1 Swif'l ' l ' : ~ ~ I ~ l o r ~ i o Taylor. R . 'T;~ylor, I.'. 'Ti.lc,k 'Thomiis Trrllr, \Vaihoh W;~gnt.r W;lrgo W;,*s LVe,idn<v \Vt,np.r \$'hit<, Willi;tms Wilson Wilt Wright. I ) . W~.ighl..I, 1.. Y;llini.r Yohn Zt41t.r Zit tr,rrn;tn %ix r l Zwikl

Nahill Pylrs ltittrr Strrrt Vroon

1979. LEGfiLAnVE JOURNAL-HOUSE 2487

NOT VOTIN(;-11

lic.I,,ff (;:tfsk~ I I ~ n i i r l ~ i i ~ ~ 1,ynrh. F. Iirur,ne,r (;riwo tii,rl~irk 110i l i~ t l1<1.1 Il;~yc.;. I 1 S. Knq , l , e , r

The llr~usr proccvdrd ti, third consideration of SB 702, PN 753. entitled:

The SPEAKER. The gentleman is in order to debate the recommittal motion only as i t pertains to the reasons for not re- committing or the reasons for recommittal.

Mr. BENNETT. May I weak to the motion?

The majority rrrluired by thrx Constitution having votrd in the affirmative, thc question a:rs ilrterrnined in the affirrna- tive.

Ordrred, That th~. ~,lc%rk presrnt thp s:rmr to thr Srn;~l.r for coIIrurrrncr.

An Act rrguiat.ini: thv jrr;,rtirrs r ~ f feature motion picture exhibitors and distrihntors or licensors and provirling remediri for violatiot~s and pm:~ltit~s.

On the cluestion, Will thr. Houst. agrre to the hill on third crrnsi(lcration?

. . The SPEAKER. The gentleman is in order and may proceed. Mr. BENNETT. Mr. Speaker, I would oppose recommittal of

SB 702 for the followingreasons, and I hope, Mr. Speaker, that I stay within the purview of your parliamentary rules.

Mr. Speaker, SB 702 is very similar to although not exactly like. a hill that oassed this chamber in the last session. SB 702

hasreceived a i r ea t deal of information as to the merits of the legislation. This is the first time, to my knowildge, that any motion to recommit was thought of. I t was my understanding and the understanding, I think, of many members of this body that this hill was to be voted upon today or, if not t o be voted on today, i t was to have heen passed over until tomorrow.

Mr. Speaker, I rise to oppose the recommittal of SB 702 and would ask my fellow members to vote with me on the opposi-

The SPEAKER. The Chair recognizes the gentleman fron Tioga, Mr. Spencer.

Mr. SPENCER. Mr. Speaker, SB 702 has several very seriou: constitutional questions involved. A like bill, but not as restric tive, was enacted in Ohio, and this problem has been litigatec and is now in front of the Federal court in Ohio. The argumentt went to the court October 4, 1979, and there should be a deci. sion forthcoming very shortly.

For these reasons I now move that SB 702 he recommitted tc the Judiciary Committee.

MOTION T O RECOMMIT SB 702

The SPEAKER. I t has been moved by the gentleman fron Tioga, Mr. Spencer, that SB 702 be recommitted to the Judici- ary Committee.

On the question,

I tion torecommittal

On the question recurring, Will the House agree to the motion?


Aldm Hasay Milanovirh Scirirn Austin Helfrirk Murphy Smith. L ncrson Horffel ( i , Spnwrr Hittlr Ilut?hinson. W. 07)onnrll Spitz Chess Kukovich Pr,rzrl Swift Cohen Liveneoud Pipvskv 'Phrtmaq ............ ~ ~~ ~~~

Coslett Markowski I'unt Wass Cunningham Madigan Kappttport Y;lhnrr L)ombrowski MClatchy Khodes Yuhn Earlry MvKrlvey Kocks Fostrr. A. Michlovic Kyzin Seltzer. Gallpn Mirorzir Salvatore Suraker

Will the House agree to the motion? I Or;thowski

I NAYS-145 The SPEAKER. The Chair recognizes the gentleman from

Philadelphia, Mr. Berson. Mr. RERSON. Mr. Speaker, I concur in the motion made by

Mr. Spencer that this hill he recommitted. This hill has severe constitutional problems. There are a number of lawsuits pending regarding similar legislation around the country. I think before we pass anything, we ought to have a good, hard look at this legislation, and I would urge thcmemhers tovote torecom- mit this bill.

PARLIAMENTARY INQUIRY

The SPEAKER. The Chair recognizes the yentleman from

Anderson Armstrong Arty Barber Relardi Ben~rrt t Borski BOWSPI Hrandt Rn,wn

Fisher. D. M Foster. W. Freind Fryrr (;nllaghrr (;>,n,hl<. Gaonun Gr~sry (kist George, C.

I.?ttr.rm;~n Lev1 1,rvin I.mis I.ynrh, I;.. R. Mandrrino Manmillrr McCnll Mclntyrr MrMonaele

Scheafirr Schmitt Schweder Srrafini Srvpnty Sh;idding Shupnik Sirmlnski Sirianni Smith. 1.:.

Liurd Gnjrxr, M. MrVrrry Stairs Burns Giarnm;i~.ro Millrr Strighnrr Cnltsgirone (:ladeck Morhlmonn Strwart Cauuabianra (hehe1 Mowrrv Strrrt ~~~~~~ ~ ~

Mercer, Mr. Bennett. For what p"rpose does the gentleman I C& Gonrlmar~ Mrkonyc Stuhiin . - r i m m i Cnw Mnlien M P Sweet rlse'! Mr. BENNETT. I rise t o a parliamentary inquiry. TheSPEAKER. The gentleman will state it. Mr. BENNETT. I am not surc how to phrase it, hut let me

think of something here. The SPEAKER. The gentleman will state his point of parlia-

mentary inquiry. Mr. BENNETT. Am I permitted to speak on recommittal?

., ... ............. ..... , (:reenfirid Musto Taddorriu Gruppu Nahill Taylor, E.

Corhran Halvrrsr,n Novak Tzivlor. F. Cole Harper Noyr Tclck Corrrell Hayes. S. E. O'Hrien, U. Trrlla Cowrll Honsmsn Oliver Vroon Ilavies Hutchinsr,n, A . I'eterson Wzrhoh Ilawida Irvis I'ctraroa Wargo IIeMedio Itkin 2i1.cnl;i Wridner OrVertrr .Johnson. I-:. I'istella W ~ n g c r


1leWei.s~ .lilhnson, J . I'ittr Whitc Ili(:arlo .Jones Politr Wi1li;ims I)irtz Kiinurk Pott Wilson Ilininni Klinyiirnzin I'rzltt LVilt Iloniilucci Knight f ' u R'riyht, I). 1)orr Kolter Pylrr Wright. .1. I.. Ilul'fy Kowalysiryo 1tr.r.d %r,llr,r Ilumas 1,ashingrr K~rycr Z~tterrnan 1)urharn 1,;lughlin Kittrr %oril Fc? I.i.hr Kodgers k i k l Fisrhe~.. It. K.

NO'I' VO'I'IN(;-10

Hrlofi' t;riwo Knrrqwr Itirharrlson Brunrrrr filyrs. 11. S. I . Y ~ c ~ , F. LV8gn~r G a t x k i Kcrnick

Will the House agrre to the hillon third consideration? has heen filed with the arbitration panel for a hearing of the case, if a panel is not selected within 90 days of the filing of

REQUEST T O PASS OVER S B 702 that certificate of readiness. the matter shall he referred to the

Section 403. Transfer to Common I'leas Court-If an a r h i ~ -- . ~p~~ ~ ~

tration panel is not selected hy the administrator within 90 -~ . -~ - days a f t r r the filing,$ a certificate of readiness as provided for in t h r applicahlr rules and regul;iti<~ns. in such evi~nt the admin-

~ - ~ ~~ ~

-- istrator shall forthwith tratisfer -- thp ~ r;ise ~~ to - ~ the common ..

pleas court having venur o v ~ ~ J h ~ ~ ~ ~ - f ~ ~ r ~ p r c t r i i ~ l ~ n ~ t r i a . ! ~ -

as in other civil cases. -- ~ ~ --

Amend Sec. 2, page 4. line 26. hy striking out "2." and inserting 3.

On the question, Will theHouse agree to the amendments?

The SPEAKER. The Chair recognizes the gentleman from ~ ~ ~~~

The question was determined in the negative, and the motion wasnot agreed to.

On the auestion recurrinc.

The SPEAKER. For what purpose does the gentleman from I common pleascourt ford~sposrtion

Delaware. Mr. Earley. EARLEY Speaker, this is SB s46, amendment No,

A39fil. This amendment provides that after a certificate of readiness

Allegheny, Mr. Rhodes, rise? Mr. RHODES. Mr. Speaker. I would request that we tem-

porarily pass S B 702 over until an amendment. which1 have requested, is delivered to the floor. I have no intention of holding this hill up until tomorrow. I have an amendment tha t had to he redrafted and i t is coming down from t,he Legislative Rrference Bureau, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentleman from Delaware, Mr. Gannon.

Mr. GANNON. Would the gentleman. Mr. Earley, submit to hrief interrogation?

The SPEAKER. The gentleman indicates that he will. The gentleman, Mr. Gannon, may proceed.

Mr. GANNON. Mr. Speaker, under what conditions would a

On the question. Will the House agree to the motion?

SB 702 PLACED ON THIRD CONSIDERATION POSTPONED CALENDAR

The SPEAKER. The Chair reconiizes the majority leader. Mr. RYAN. I would ask that that hill he passed over and that

we move immediately to S B 846, which I had announced would he the first vote of the day. I t is on the 15th day I know our col- leagues have a dinner to go to tonight, and I am going to vote SII 846 tod;~y. 1 have to. So I would join with Mr. Rhodrs in asking that SH 702 be held ovizr. and I move. that the. bill he placed on the third ronsidcration postponed cnlendzir.

The SPEAKER. I t has heen moved hy the majority leader and seconded hy the gentleman from Allegheny, Mr. Rhodes, that S B 702 he placed on the third consideration postponed calen-

The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Lashinger.

Mr. LASHINGER. Would Mr. Earley stand for brief interro-

certificate of readiness he filed? Are there any specific guidelines incorporated?

Mr. EARLEY. Routinely, where both sides are prepared to proceed to trial or to a hearing in a matter, a certificate of readiness is required to he f i l ~ d with the hearing body. This provision is to facilitate the speedy hearing of those cases by the arhitration panel.

Mr. GANNON. Mr. Speaker, i t is my understanding then tha t the intent of your amendment is that if both parties are ready for trial, a certificate of readiness would he filed with the administrator?

Mr. EARLEY. That iscorrert. Mr. GANNON. Thank you.

Motion was agreed to.

The House proceeded to third consideration of SB 846, P N 1085, entitled:

gation? The SPEAKER. The gentleman iridirates that he will. The

Mr. LASHINGER. Mr. Speaker, I understand that there are An Act amending the act of October 15, 1975 (P. L. 390, No.

I l l ) , entitled "Health Care Services Malpractice Act." further providing fur arhitration panels fur health care.

On the question, Will the House agree to the hill on third consideration? Mr. EARLEY offered the followingamendments:

ahout 2,000 cases backlogged now waiting to he heard before arbitration panels. of those that are certified ready now of those 2,000 cases, would this amendment apply to those cases that are currently certified as ready?

Mr. EARLEY. I t appears to me that if SB 846 heromes law and proceeds to attack that backlog and you have 2.000 cases


readiness already on file; only in futurecases. Mr. LASHINGER. In just reviewing the amendment-and I

am not sure; that is why I am asking-I do not think of the 2,000 hacklogged that all have been certified as ready, hut more than 5 0 percent ha"?-

Mr. EARLEY. I am sorry; I cannot understand you. Mr. 1,ASHINGER. I t is not my understanding that of the

2,000 that are backlogged. all have been certified as ready, but a large share have heen. In just reading the amendment, I do not see any provision that would block those that are already certified to he thrown into common pleas court, because there is just no way we are going to impanel the arbitration hoards that quickly. So you are going to find a major share of these going right into court and defeat the purpose of the philosophy of having the arbitration panels themselves. There might be a prohlem with the amendment as i t is drafted with not limiting it specifically to those cases that are certified ready after the enactment of SR 846. Therefore, I would urge opposition to this amendment. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Yohn.

Mr. YOHN. Mr. Speaker, just to clarify that point, I do not have the figures as of this moment, but the last figures that I had were in April of this year. At that time there was a backlog of 1,700 cases. However, there were only 68 of those cases that had been certified for trial. All the rest were in some point of pretrial discovery and had not yet been certified for trial. So I do not think the concern that Mr. 1,ashinger has expressed would he a problem in connection with this amendment.

ment-that in the event that the Senate was not happy with the amendments that were inserted, the House could then re- cede from these amendments, and the bill could go directly to the Governor that way rather than having to be revoted on hy the Senate.

The SPEAKER. The Chair recoknizes the gentleman, Mr. Hutchinson.

Mr. W. D. HUTCHINSON. Mr. Speaker, now may I go hack to some interrogation of the gentleman from Delaware, Mr. Earley?

The SPEAKER. The gentleman may proceed. Mr. W. D. HUTCHINSON. Mr. Speaker, the amendment that

you proposed as drafted says, "If an arbitration panel is not selected by the administrator within 90 days after the filing of a certificate of readiness a s provided for in the applicable rules and regulations . . . ." Mr. Speaker, could you enlighten me a little hit on what you envision those applicable rules and regulations to he? Let me give you an example. Of the some 2,100 cases that are presently backlogged, suppose I represent a party in one of those cases and I file a certificate of readiness, hut suppose the other side would object to that certificate of readiness hecause discovery is not completed, or for some other reason. Does the gentleman have an opinion as to whether or not the case would then have to go to common pleas court within 90 days? Can I unilaterally effect that?

Mr. EARLEY. I do not helieve so, Mr. Speaker. The Rules of Procedure governing certificates of readiness is what would apply here, and-

Mr. W. L). HUTCHINSON. Mr. Speaker, I am standing al- The SPEAKER. The Chair recognizes the gentleman from

Schuylkill, Mr. Hutchinson. Mr. W. D. HUTCHINSON. Mr. Speaker, I am not sure. Per-

haps I would ask Mr. Earley whether he would consent to interrogation.

The SPEAKER. The gentleman indicates that he will. The gentleman, Mr. Hutchinson, may proceed.

Mr. W. D. HUTCHINSON. Mr. Speaker, does the gentleman from Delaware know whether or not this bill, as i t came over from the Senate, was amended in the House committee that had jurisdiction over it?

Mr. EAR1,EY. No; this was not amended in a House commit- tcc.

Mr. W. D. HUTCHINSON. Would there he somebody-Mr. Yohn-is the hill in its current form different than when i t came over from the Senate?

Mr. YOHN. Yes; there were some minor amendments that were inserted in the House Insurance Committee.

Mr. W. D. HUTCHINSON. Again addressing Mr. Yohn, so that from a parliamentary standpoint, if we pass the hill without any amendments here today, i t would still have to go over to the Senate for concurrence in the amendments which were put in by committee? Is that correct?

Mr. YOHN. That is correct. However, the amendments were relatively minor, and i t was the feeling of the committee on the day this happened-which was some months ago now, so I do not know that everybody would feel the same way a t this m e

most next to the gentleman and I simply cannot hear his answer.

Mr. EARLY. Mr. Speaker, when the certificate of readiness is filed by one party and the other party is not ready, there are procedures whereby the unready party can effectively render that certificate of readiness ineffective. I t is only when there is no response of when the certificate of readiness is not effectively nullified by the opposing party that it is now ready for the selection of an arhitration pand. If the opposing party who has not filed a certificate of readiness does not file in accordance with the rules, then i t is presumed that he is ready and this he- comesoperative.

Mr. W. D. HUTCHINSON. Are those rules in fact now in existence inoperative by the administrator of this program? Has hepromulgatedsuchrules?

Mr. EARLEY. I t is a combination of the rules that are in the Medical Malpractice Act and the rules governing Rules of Civil Procedure.

Mr. W. D. HUTCHINSON. If your amendment became law, would regulations be now in effect which would apply immediately to it that would prevent one party from simply filing a certificate of readiness whether the case was ready or not, and then having i t certified to common pleas court 90 days after that event?

Mr. EARLY. I am not very familiar with the rules contained in that particular act, but I helieve so.

Mr. W. D. HUTCHINSON. Mr. Speaker, I helieve there are in

2490 LEGISLATIVE JOURNAL-HOUSE

effect presently that the administrator of this program has adopted the Pennsylvania Rules of Civil Procedure as the oper-

ately to the court whether they were really ready for the arhi tration svstem or not.

ative rules for governing the proceedings before the arbitration panel. Those rules do provide that when a readiness certificate is filed, a person who has a valid reason, because discovery is not completed or for some other reason, may object to that readiness certificate. So i t would seem to me that there are rules in place to prevent the evil that some people are con- cerned with that a lot of cases could be certified over immedi-

1)ombrowski Madigan 1)urhsm MrKrlvr,y Fryer Mirnzie Grist Milzinnrirh Grorgr. M. Mrkonic tlosay O'Hrien. I). Horffel 0'I)onnrll Hutrhinson. A. Prrzel 1,sshingrr Pott Livmgood

- -- -, Austin

Hurns ~ ~ ~ h ~ , ~ Cole Corn'i1 Coslrtt nrVerter Ilietz

NOT VOTING-16

December 3,

Salvatore Schweder Smith. I,. Stuhan Vroon Wridner Wilson Wright, .I. I.. Zittrrman

Inasmuch as the hill has been amended in a House committee and therefore must go hack to the Senate for concurrence, I am going to support this amendment, hecause I think i t strengthens the bill in the face of the attack that certain people have put on i t in connection with the delays that have occurred under the previous system. And I think that we should say to the lawyers, who are really the ones responsible for this delay, that you had better get yourself moving or you are going to find

On the question recurring. Will the House agree to the amendments?

~ ~ i ~ f f Grieco Lynch. F. Hieger B'u""er Hayes. D. S. Melntyre Hocks Frai~rd Krrnick Kappaport Wagner Gatski Knepprr Hirharrlsr,n Yahner

The question was detcrmined in the affirmative, and the amendments were agreed to.

REMARKS ON VOTES yourself out of the arhitrationsystem and into the court.

I think the amendment does help expedite the proceedings and therefore I support it .

Mr. A. K. HUTCHINSON. I wanted to be voted "yes." I was in the negative on the Earley amendment A3961 to SB

The SPEAKER. The Chair recognizes the gentleman from Westmoreland, Mr. Hutchinson. For what purpose does the eentleman rise?

Armstrong (;amhl(. Manmillrt. Seventy Rarher (;annon McCall Shadding Belardi (;ecsry McClatchy Shupnik Bennett (;UOI~E, C. MrMi~nerlr Sieminski Berson Gi;lmmarra hlrVerry Slrlanni Bittle Gladeck Mirhlovic Smith. E. Borski (;oehcl Miller Surricrr


YEAS-148

.Alden (;alliighrr Mackowski Scirira Andrrson Gallm Manrlerino Srrafini

Bowser Rrandt Brawn Caltaeirane

846. The SPEAKER. The remarks of the gentleman will be spread

upon the record.

The Chair recognizes the gentleman from Philadelphia, Mr. Rocks. For what purpose does the gentleman rise?

Chess Cimini Clark, H. Clark, R. Cohen Cowell (hnningham Davies Dawirla LIeMedio IleWrrse DiCarla Dininni Donatueci Dorr Duffy Uumas Earley

(;oodman ahowsk ow ski (;ray Greenfield Gruppo Halvrrson Harper Hayes, S . E Helfrick Hunaman Hutchinson. W. Irvls ltkin Johnson, E. ,Johnson. .I. Jones Kanurk Klinpaman Knight Kalter Kowalyshyn Kukovich Laurhlin Lehr

Moehlmann Mowrry Mul l~n . M. P Murphy Must0 Nahill Novak Noye TBrien. tl Oliver I'eterson Petrarca Pireola Pievsky Pistrlla Pitts I'olite Prat t Purciarrlli Punt Pyles Heed Hlrodes Ritter

s;itL Stalrs Steiphnrr Stewart Street Sweet Swift Taddunio Taylor, E. Taylor. F. Telek Thomas Trello Wachoh Wargo Wass Wenger White Williams Wilt Wright. 11. Yuhn T~IIPT Zurd

Mr. ROCKS. Mr. Speaker, I was temporarily away from my desk on the vote of the first Earley amendment, A3961. I would like t o he recorded in the affirmative.

The SPEAKER. The remarks of the gentleman will be spread upon the record.

The Chair recognizes the gentleman from Philadelphia, Mr. Rappaport.

Mr. RAPPAPORT. Mr. Speaker, on the first Earley amendment, No. A3961, I was temporarily out of my seat. I am recorded a s not voting. I would like to be recorded in the affirmative. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman. His remarks will be spread upon the record.

The Chair recognizes the gentleman from Delaware. Mr. Freind.

Mr. FREIND. Mr. Speaker, I, too, was out of my seat on the first Early amendment, A3961. I would like to he recorded in the affirmative.

The SPEAKER. The Chair thanks the gentleman. His remarks will be spread upon the record.

On the question, Will the House amee to the hill as amended on third consider-

Fee I.eterman Ibdgers Zwikl Fisrhrr, R. R. ~ , ~ ~ i Ryan Fisher,D. M. ~~~i~ S rhea f f~ r Seltzer. Foster, A. Lewis Sehmitt Spraker Foster. W. Lynch. E. R.

- ation?

Mr. EARLEY offered the following amendments:

Amend Rill, page 4 , by inserting between lines 25 and 26


Section 2. Section 510 of the act is repealed. i tween two bodies. I t may very well not he worth that. In the Amend Sec. 3 , page 4, line 26, by striking out "2" and insert-

:mm'> meantime, you may find that the whole situation, because of

On the question, Will the House agree to the amendments?

The SPEAKER. The Chair recognizes the gentleman from Delaware, Mr. Earley.

Mr. EARLEY. Mr. Speaker, this is amendment No. A2886. The arbitration urovisions of the Medical Maluractice Act

sentrd to the jury.

The SPEAKER. The Chair recognizes the gentleman from Schuylkill, Mr. Hutchinson.

Mr. W. D. HUTCHINSON. Mr. Speaker, I oppose the amendment and I would hope that yon would hear with mv while I ex. plain why.

Those of you who were in the House when we passed Act 111, thr Medical Malpractice Act, may recall that a t the time we passed it, it was in a state of crisis. The medical profession war threatening at that time to withhold services unless they were given some relief in this connection. The arbitration provisions were a very important part of the relief that they wanted.

I really did not care a great deal about the arhitration provi. sions, hut there is one thing about i t - it seems to me if you are going to set an arbitration proceeding, another proceeding in addition to the court proceedings, you had better make it mean-

the backlog that is before us, is rendered moot and we have no legislation on medical malpractice, and then let me tell you, you will have a problem here, as those of you who were herein 1976 when the bill was passed originally, 1975-76. We should vote against this amendment and then we should perhaps put in one additional amendment, and then we should send it over to the Senate for concurrence.

presently provides, under section 510, that where a decision is rendered by the arbitration panel and there is a dissatisfied party to the proceedings, a party may proceed to the common pleas court on a trial de novo. However, for a trial de novo to take place, the findings of thearbitration panelmay be presented to the jury a t such trial de novo as part of the total evidence which a jury receives. This amendment No. A2886 repeals that section of the Medical Malpractice Act so that a t a trial de novo the finding of the arbitration panel is not permitted to be pre-

ingful. Otherwise, you are just fouling things up and you are delaying things and you are making it worse. Yon are making it more expensive; you are setting up a whole expensive arhitration proceeding, and then what do the lawyers want? They want to be able to go into court and try the whole thing all over again.

Now the compromise that was effected when we passed Act 111 was that we said okay, yon can go to court. lawyers and liti- gants, if you do not like what the arbitration panel said, but, by gosh, when you go there, that jury is going to know what the arhitration panel did to you and that, by the very nature of it, will make them think twice about it. What they are asking for here are two complete bites a t the apple. If you are going to do that, then what is the sense of having an expensive arbitration proceeding? And if you take the arhitration proceeding out of this bill, you are going to have the medical profession down on your head.

Finally, you have got to put this in the context of the pending court litigations which says that the lawyers are attacking the constitutionality of the whole system because they say it im-

The SPEAKER, The Chair recognizes the gentleman from Northampton, Mr. Kowalyshyn.

KOWALYSHYN, I want to join with Hutchinson in speaking against this amendment. Section 510 is an important part of the present law, and I would like to point out, however, that among the facts that can he presented a t the new trial, one very important key fact cannot be presented-and this is an important item-and that is the amount of any award That cannot be nresented, and this is for the nrotection of a defend. ant. This is in section 510. But as far as section 510 is con- cerned, it should not he repealed.

The Pennsylvania Supreme Court has passed on the constitutionality of section 510 and has ruled that this section places no presumption before the jury, nor does it shift any burdens of proof in the case. In other words, it merely places the evidence of facts presented hefore the arbitrators present that information, that evidence to the jury, and allows the jury to remain the final arbiter of the issues raised and the facts presented.

This bill, SH 846, is a very important bill and does require action by the House today so that the medical malpractice hack- log can be dealt with properly. The one amendment presented by Mr. Earley is a useful amendment. Rut this amendment, I submit, as has been stated by Mr. Hutchinson, will destroy the act, and, therefore, I strongly urge that yon consider voting against the second Earley amendment. Thank you.

The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Yohn.

Mr. YOHN. Mr. Speaker, I would also urge the House to vote against the second Earley amendment. Whether you are for or against the proposition that he is putting forth today, I think it is important to know that this is not the time todo that.

The 1006 committee that was established in the Medical Mal- practice Act to review the medical malpractice law from time to time has not recommended this change. There has been no bill introduced in the House or Senate, of which I am aware, that has been reviewed by any committee that has recommended this change.

If we put this amendment in th* bil1,it will probably jeopard- ize the chance of passage of the bill in the Senate, and then we are jeopardizing the major thrust of the bill, which is to reduce the arhitration panels from 7 to :I, which everyhody agrces is a worthwhile changc.

I would, therefore, urxe that we vote down the amendment today and let the bill remain a s i t is. Thank you.

poses delay. You put this amendment in; it goes over to the The SPEAKER. The Chair recognizes the gentleman from other body, and then yon have a substantive difference be- Delaware. Mr. Gannon.

I


Mr. GANNON. Mr. Speaker, I rise in opposition to the Earley I Clark. R G l a d ~ r k Pa,cola Kanurk Ryan amendment. This provision of Act 111 is the fundamental

strength of the arhitration provision. When this act was passed by the House hack in 1975, medical malpractice insurance was in the stage of crisis. Medical malpractice insurers were either raising their insurance rates to astronomical sums or pulling out of the State of Pennsylvania, as far as writing malpractice insurance altogether. This was having an adverse effect on the ability of hospitals and physicians to do business and on the effect of the quality of medical care.

As Mr. Hutchinson pointed our earlier, this provision of the act was a compromise between what the lawyers wanted, that is, no arhitration, or simply having the arbitration as a screening process; and what the medical people wanted was that arbitration would be the end of it or the ultimate determiner.

The compromise was that there would he an opportunity to take the case to a new trial with one important element, and that was, the jury or the court would be told the findings of fact, the findings and what the arihitration panel had determined. This is the strength of Act 111. And to remove this pro. vision from the act by this amendment would simply make the arhitration proceeding a sham. In effect, the arbitration panels would simply turn into a screening mechanism whereby they would simply render an opinion or an advisory decision which would have no binding effect whatsoever on either of the parties.

Arbitration would simply he another step in the ladder towards a court case, and that was not the intent at the time the act was put into effect and it should not he the intent now. The arbitration proceeding under medical malpractice must ad- here to the rules of court and rules of evidence so that you could not argue, unless yon had incompetent counsel, that you were prejudiced very badly by permitting the court to hear the findings of the arbitration.

Additionally, this proceeding provides that there can he an appeal and a new trial, a trial de novo with that one qualifica- tion. To take this out would render the entire process a virtual nullity and very well might put us hack into the crisis atmos- phereof 1975.

I urge a negative vote on the Earley amendment. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentleman from Al- leehenv. Mr. Dawida.

NAYS-171

Fr,v~r Manmiller Gallagher MrCall Gallen MrClatchy Gamble MrIntyrr (;anno" MrK~lvt,y Gprsey MrMonsglp Grist McV~r ry George. C. Michlovir Geo rp~ . M. Micozzie Giammarcr, Milanovirh GOP~PI Miller Gwdman Moehlmzmn Grnhowski Mowpry Gray Mrkonir G r r ~ n f i ~ l d Mullfn. M. P . Grugpo Murphy I la lv~rsnn Musta Harprr Nahill Hasay Novak H n y ~ s . S. E. Noyr I4elfrirk 0'13rirn. H. Horffel O'Rrien. I). Hnnsman O'Donnrll Hutrhinson. A . Oliver Hutchinson. W. l'erzrl ltkin Peterson Johnson. E. Petrarra .lr,hnson. .I . Pievsky J o n ~ s Pistella Klirrgaman Pitts Knight Polite Koltpr Pott Koralyshyn Pra t t Kukavirh Pu~.riarelli 1.ashingrr Punt, Lrhr Pyles Letterman Rappaport 1,evi Reed 1,pvin R h d m Livengood Rit trr Lynch, R. R. Koeks Mackawski Kadpers Madignn Salvatore

' ) u ' ~ " ~

Andixrson A'"'strong Arty Austin Harher M a r d i Rfnnr t t Bersrrn B i t t l ~ Ror"i Rowsrr Brown Rurd Burns Cal taa i ron~ hi^^^ (:?ssar

Ekii clark, B , Cochran C"h'n Cole ~ ~ ~ ~ l l Coslett

Cunningham 1javiCs Dawids ;zv:$r D ~ w ~ ~ ~ ~ r)iCarlr~

;:kni ~ , ~ ~ h ~ ~ ~ ~ k i 1)oi-r Duffy

Fee Fischer, R. R.

~ ~ ~ ~ f : ~ : M ' ~ ~ ~ t ~ ~ , W.

Hrunnrt. 1)onatocci Gatski

NOT VOTING-15

Grirro K n r g p ~ r Hayes. D. S. Lpwis Irvis I>ynrh. F. K ~ r n i r k Richardson

December 3,

Spitz Williams

Scheaffer Schmitt Sehweder Scirica Seventy Shadding Shupnik Sirminski Smith. E. Smith. L. Spencer Stairs Ste~phnpr Stpwart Street Stuhan Swift Taddonia

T:lyk,r, F. T&k Thomas Trello Vroon Wachoh Wargo Wass Wridner Wrngrr White Wilson Wilt Wright. D. Wright, J. I,.

Yohn Z ~ l l w Zittfrman Zord Zwikl

Seltzer, Sneaker

Rwger Sweet Wagner

urge all the members of the House to vote "no" on the Earley I REMARKS ON VOTES

.. Mr. DAWIDA. Mr. 'peaker, as a of the Insurance

Committee which addressed this issue and as an attorney, I have had some familiarity with this procedure, and I would

amendment. I t cuts the heart out of what we are trying to do me SPEAKER, ~h~ chair the gentleman from with HB 846. Allegheny. Mr. Itkin.

The question was determined in the negative, and the amendments werenot agreed to,

On the question recurring, Will the House agree to the amendments?


YEAS-lfi

Mr. ITKIN. Mr. Speaker, on the last Earley amendment, A2886, I was locked out. I would like to he recorded as voting in theaffirmative.

The SPEAKER. The Chair thanks the gentleman. His remarks will he spread upon the record.

Aldrn Earley I.:,ughlin S~ ra f i n i The Chair recognizrs t,hr lady from Montgomery, Mrs. Lewis. Hrandt Frrintl Manderino Sirianni Mrs. LEWIS. Mr. Speaker, I would like to he recorded in the

LEGISLATIVE JOUXNAL-HOUSE

A n ~ r n d St,,:. 1 (Sec. 308). page 4. lincs 14 and 15, by strikinf out "or annual ~ s;ilarg"

Amrnd S t v I ( S w :iOX). page 4. line 17, liy illsi~rting aftel "dutitxs." Thc ~ ~ administrator ~ ~~ shall esiahlish 21 srp;~l.ntr, arhitra

- ~ - - ~

tiorr p n r l for ~ a r h claim: and. af ter ~~ ~ c.31.h 11:lnrl renders its dcci ~~ -~ ~

sion r i n thta claim it shrrll he dishani1i.d. ~ ~~

On the question, Will the House agrer t o the arnendmt,nts?

The SPEAKER. The Chair recojinizes t h r grntlernan f ron I1rl:rw;irr. Mr. Galinon.

Mr. GAKNON. Mr . Speaker, this alnrndment is really a clar ificz~tion of a n amendment tha t was put in in the Insurance Comrnittcc. Thp intent of the ;tmendment is to prohihit the ad ministratnr from hiring (if ;~rhi t ra tors a s full- or p;rrt~time em. ployes of the (:ornmr~nwealth. My thought, when draftiog thi: ;~mendment , was to prevc-nt t h e s tar t ing up of a new bureaucra- cy. an administrative law judgc-there is :I gremlin in here som<.whrrt~.

'Tt11~SI'IIAKI.;l1. 'Thc,r<,;lri, i i . \ , ,r;~l g~.im,lic~s i n hi.ri,. Mr. (;ANNON. M r . Sp,:tkc>r. rlly i r ~ t ~ ~ i t W ~ I S to 11roviiI<, fhxt

t :xrt>itr:~tion l~;tnc,ls W O L I I ~ I N ~ ~ s t ~ i l ~ l i s h ~ ~ i l s < ~ j ~ ; i r ; ~ t c l y for e:~c,I, i t I n . I 11t.lit.v~. l11;il this is. ;lnrl 111y fi,i.ling i i tlr;rt t h ~ s is. tlic l,c.st n: iy to givi, thi, ;~rhi t i . ;~t int~ i~ro~.~, i . i l ing :ln

i>iq~ortunitv to work :rnd t i ) givi it :I tr.;rk ri,ii,ril hi.fr,r,. fin;~l I is I I t . I ttlirlk this n ~ ; i v lie thr, hcst w:~y

ti? ln.ohil~iting the, hringitig 011 o l ' :~~ .h i t~ . ; i t~on 11:lni.l mi,nih,,rs :IF , ,~nl~loyc~s. 'rhi~rrk you. blr Slwick,,r.

'Thi, SI'KAKEII. T h i ('h:!ir riSviig.'nlxcBs thi, gt.titli,nr:in from Si .h~~ylki l l , hlr . l i i~trhinsrin.

\1r by. 11 IILJTCIIINSON. Xlr. S!w;ik<,r, I ~ v o ~ ~ l c t o p l i o s ~ t l ~ i s . ~ m i ~ n r l m i ~ n t . It ruuc m v i~nilc,rst:ln<lir~g thi, ci,rnmitti.i, itid ;irni,nii t h i hill ;inil th:lt tht.rt. W;IS fc.;ir lh;it ivi, worlld i~st;ihlish ~x,l.n,;in<,nt ;~rhiti.;ition 1>;10~1s. 'I'l~c, r.i~rnmittc,<, in t h i Iiousr iv;ls

i~liir)s,~rl to t h : ~ t ;~ncl :~rniwiicil thi. hill to nrr~vid<, ;~c;~iiist it And

H ~ r i o n Hittlr Ilorski Howsir IHl.,,,, I,

liuril Rut.ns ?aIt;+giror~c, C'ztplx~hi:mc;t ('ess:,r I'inlini l?l>~rk. li ?lark. H. i~o?l,r;,n i.,,l*, (:,,rr>ell i:Osl~tt ('owell 1'unningh;trn n;.vit.s nc.Vrrti.r lli.Wci.sc llirz,rl<, I)irtz Ilininni l l ~ ~ m ~ t ~ r ~ ~ w s k ~ I),lrl

il~,l'li. I l11111111. R;,rl.v v*.v Fischcw. It. I{. Fishrr. I ) . >I Fostrr. A . +'<,st?r, 'a'

S< iriw Scrafin! Slru1,nik Siriiinni SrniLl>, k: Srnith. I . sl~e,,c+,r Sl,itz Stitirh Stcicl>n<,r Sti,i\:irt Strri.t Slilh21n Swrr,1 Swirl 'Titddonm T;tslor E. 'r:lvl<>r, v . l'c,l<,k Thorn;gs Tr~l lo Vn,i,n \Y;g,,hot) \$':,vco LV;15s \Vridnc.r \Ve.ngt,r \?'hilt. LVilliz~ms Wilson

. . I think t1i;il th i - . :~rn~~nilrni~nt is, thrri,fori.. unnci.eii;rr?.

'Tlri , SI'F:AKI'.K. T h i Clrilir ri~i.ogiiizrs tlli, g<.ntlvrn;in from 1Irl;iiv;~rp. M r . ( k s n r ~ j r ~ .

1.11- N O N Mr. Sl,,,al\i,l-. \vli;it M r . Hotrhinson mid is tril<,. th;it W:IS th<, intrtct of the. r.r,rr~rnitt~i.. Hi,a,,viw.. I ta.lir,vr

NOT VOTTNG-15

lie'loff l;;<tsk~ K,,mlik Hrunnrr Gri~co Knrppi,r (-l,hl,,, I : I . S. l.yni.11. ).' I)i,nnlnc.ri I lk in I{ich;~rrlson

I1;~c.k t,rl m;ikix su r r that i ts originit1 int,,nt is <xpn,sscd ;is r,lr,:lrly :is 11<1ssitili~. which w;rs not the r.:isi in t h t originill ;~mr,nrimi.nt.

: ~ m t ~ i g ~ , o u s ;$nil more i l f ;I si.rn:intii, vh;ing,. than ;i t~;isii, vh;~ngc>. And the, intcnl 01' illis : ~ n i ~ ~ n d m r n t is tri m;~kt, t h r h x i c ch;rng~, ini,ccss:iry to strc,ngthi~n ,111 the. I:irigu;~pi. of lhi, Ilill. ))ring it

AMENDMENT WITHDRAWN

'Thc qu'stion w;is dr t r rminrd in th(, ni,g:ltivi>, 2nd tlir arn,~ncl- n,r.nts w,,r,, not ;,gr~,rfl to,

The SI'I.:AKF,K. Thc Chair r<,i.ognizrs thc gcntlcm:in from All,,ghr,ny, MI., nawid:,.

The SPEAKKK. 'The (:h;rir. r , ,r<,gni~i.s tlie grntlrman from Schuylkill. Mr. Hutchi~ison.

Mr. W . 11. IIITTCIIINSON. Mr. Speaker, this is a very simplt arnenrlmetit. i t is a severability amrr~dnirr i t . I t jrrovidt.~ tha t if any onc provision of this act is found unconstitutional, i t shall not af'f'cct nther provisions.

I think i t should go in inasmuch as the arbitration part of thr act is under a t tack in the w o r t , and there is some question as tc whether or not we did not mean everything to go together. And we certainly do not want the rmtire a r t to go down, includinp the (:atastrophe fund, the joint undf.rwritirig commission, and leave us without any medical malpractice insurance in the Com


NOT VOTING-13

Hrloff l;rii,co Knt,l,li<,r I<irh;~rdsi,n Hrnnnvr H ; , ~ ~ , ~ . 11. s I.ynch. I.'. Strvrl Ilonatucri Kernirk tlhod~s U';ign~r Gatski

MI.. I)IZ\VII)A. Mr. S k I I I I I t I

nlrnt. Th,, SPEAKI*:It. Tiit. Ch:~ir t l ~ , ~ ~ r k c l l r , . g1.111 I,~nr:l11.

0 1 1 t h i ijl~i~slirirl r v i ~ o r r i n ~ .

Will I he. I401isc~ ;agr,,r. to t ht, l i i l l ; is i ~ i ~ ~ < ~ l ~ i l , ~ l 01, third i.(insid<,~.

;ltion? Mr. W. I 1 I I ' C I I I S O I ' 1111. I I

lllllllls:

A I i t I I , I $1 I i g I I I ",.:iri." : ~ n d insc~r t ing ;~ l~r l prr,viiling t ' r ~ r i ~ ~ v c ~ r : ~ l ~ i l i t y

Alnvnrl S r . . I , ; I . I I I i ~ s r t i ~ g t ' : I I I I ~ " and :I S W I ~ O I I is ; ~ ~ l ~ l ~ ~ ~ l

Amrncl Hill. 11:1g1',1, 111, inst,rtingI,<,l\v,~c~n lints 25 ;ind 26 Section 1007.1. Severahility-If' any provisic~n or clause of' ~p

~ ~~

this act or the application tht,rruf to ;my person or situation is .. . ~ ~ ~

held inv;~lid, such inv;ilidity shall not ;~ f fec t other provisions or . . ~~ ~- -

applications of the act which ~ ctrn hc ~ ---- givcn ~ ef'fcct without the in- - .. -

vslid -- prvvision .- ~ -~ or ~~~ ;~pplimtion, and ~ lo ~~~ this i,nd the provisions of

this ;rct arc div1ar1.d t o hp sevrr;ihle. - . - ~ ~

On the question, Will the House agree to the amrrrdrrrcnts'?

Cr,ss:,r f:n,<.nfirlii hll-kimii. Stc,w;irt i:llrrr l;rtq>rm M1111<.n. M I ' Stnh;m Cimini 1 I ; ~ I V V W , ~ I I bT,trpl~v Swift Vlavk, I? I l;tr{wr Rlnsti, 'rz~ddnnio ('l:*t-k, 11. Ili3s;iy N.thill 'T;rvlor, 1.:. C<iihr;in lH;~yi,*. S. I.:. Ni>e:tk T!,ylot-, F. (.ohen ilc.lfri,'k Noyr. Tr,lck (.<,I,, H<,i,ffrl 1YHrii.r~. H. 'l.h(itniii CoroeII llon;ini;%n 0'Ht.ic.n. I). 111.~,110 (.oslt,tt Flut<.llinsi,n. A. I Y l l ~ ~ r ~ n c ~ I l Vt.o,ln Cow?lI Hutrltins<,l~.\V. Olivt,r \Viil.g,~ Cnnningh:tm Irkis l>cr~c,l \V;iss T)nvics I t k i n Pcl,~rson Wc,iilnt,r I lilh-it12 .Jiihn.;on. K l'~lr:~rr:l LVenger I)vMt.ilio .J<rhncon. .I. 1'iwoI:t \Vhitv Ili,V<,rti.r .Iolit,s I'l<~sky b\'iIli:itns Il<~Wiwsi. K i i n t i i k Pistella \Yilson ni(';lrlo Klillfiir~tiiii I'itts Lvilt

K u i g h t l loli t<, Wright. I). Ilininni Koltrr IJl . i , t t Wr.i~ht. .I. 1.. ~ ) ~ , , , h ~ , , ~ ~ k i ~ ~ ~ ~ ; ~ l ~ s ! ~ y n lJll ,~ci23r,~l\i Y;~hnrr I h r r Kltkouii.11 I'ltnt Yohn Ilufl\ l.;whir~gc'r 1'ylc.s Zrllrr I)urrras I.aughlin 11n~1pa1,ort Zitti~rmiin 1)orh;irn I . ~ h r I1c.rd %,,nI F:arlry l,cttcr't~~:,r~ I < ~ r ~ r r Z/.wikl YPP l.rri Ititlrv Fischrr. R. 11. 1,evin l<ocks Si.ltzrr. Fishcr, 1 1 M. l.rivis R~dgers Si,eaker

On the question recurring, Will thc House ;igree t o the amendmrmts?

The following roll call was rvcorded:

monwealth. So I would urgc support of this ammdment . It d i ~ e s not affect t h r suhstanct, of the bill. It simply provides for stlver- ability in case one par t is held unconstitutional.

wi1.h lhc.Chnir with ri>g;lrd 111 his;irn~~nrlrnrnt

Th,, SPEAKEK. l'hc ('h:tir rwrlgnizi..; t 11,. m:rir~rity a l i i l ~ . Mr. S. E. HAYES. M r . Sl,i,;>kt,r. t h t gk,ntl(,m:m. Mr. (;;innon

h;ls illst ;rdvisrd mr. that hc is filing :I r,.cr)tisidi.r;rtiot~ motion

AMENDMENTS RECONSIDERED

Thr SPEAKER. Thi, Chnir t.rw,gnizrs t h t ~ g~,ntlrmiln from r)rlaw;~rr, Mr. (;:innon.

Mr. GANNON. Mr. Sp<.;rkt,r. I nirlv,, that the, votr. hy whirh Alden I"<,str,r. A. I.~v~ng<r,d Kviin Anderson Fnstcr., W. thi. G:~nnon ;tm,~ricimcnts t o SH 846. PN 1085, was <ltxft.;itt~d on I.ynclr. F:. I1 S;jlv;itorr Armstrong k'n,ind Rl;~r.k,lwsk~ S~.hraffer thf, third day of1)eremhrr hi, rir,<,nsiilrr<~il. Arty Austiri Hsrhrr H~lardi Hennrtt Hersor? Hittlr norski Howsrr Hriinilt Brown -~ .~~ ~

Burns Caltagirone

Fryer i;n!laghrr (;:,ll"" Cr;tmhL, G;#nnr,ri Grrsry (;r,ist (;eorgr. C . Grorgr. M. (;ii~mnrarro (;ladeck Girt,r.l Crwdman G r a h ~ w k i GIOV

Madigilo Mitndrrino Mtinmillrr McCsll Mi.l:latr.hy Milntyr~ McKrlvry McMon;iglr McVrrry Michlovir. Micnzzii Mil;tnovirh Millrr Morhlrnann Mowery

Srhmitt Schw~drr Sciiica Srrafini S ~ v i ~ o t y Shndding Shupriik Sierninski Sirianni Smith, E. Smith.!,. Sgcncrr Spitz Stairs Strighner

l'hp SI'ISAKElt. Th,, C1,;~ir ri.rrignizi,s 111,. I;ldy fl.nn1 I)e1;1- ware, Mrs. Arty.

Mrs. ARTY. Mr. Spr;ikrr. I srionil I h f ~ m o t i o n .

0 1 1 the question. Will thc Housc;rgrc~ to Ihp motion? Motion w:is ; ~ g r r r d to.

On t h r qucst.ion recu~.ring. Will t h r ~ House agrre to the hill ;Is ;rrnrndcd 011 third ionsidcr-

at ion? Mr. GANNON r~offc,red the following ;~mmclrrrents:


On the question, Will the House agree t o the amendments?

Amend Sec. 1 (Sec. 308), page 4, i ~ n , :. 14 and 15, by striking out "or annual salary"

Amend Sec. 1 (Sec. 308), page 4, line 17, by inserting after "duties." The administrator shall establish a separate arhitra- -. .. . tion panel for each claim; and, af ter each panel - renders i ts decision on the claim i t shall be disbanded.

The SPEAKER. The Chair recognizes the gentleman f ron Delaware, Mr. Gannon.

Mr. GANNON. Mr. Speaker, I believe my explanation of this amendment may have caused some confusion when I submitted i t originally. J u s t to clarify: The way the hill was originallq sent over from the Senate, i t provided t h a t the administrator would establish a pool of full- and part-time panel members, This meant tha t the administrator would establish a pool of full- o r part-time Commonwealth employes who would he a per. manent cadre on which he would call to hear arhitration claims or cases before arhitration panels. The intent of the committee, when the amendment was originally passed, was to take that language out of the hill. However, language was simply deleted from the bill, and i t did not effectuate t h a t purpose. The purpose of my amendment is t o make i t clear t h a t there will no t he permanent arhitration panels who are Commonwealth employes, and tha t a new panel will be drawn together for each claim t h a t is heard. My feeling is t h a t I did not wish to see the

Caltagirone Goodman Mullen, M. P. Stuhan Cappahianca Grabowski Musto Sweet Cessar Gray Nahill Swift E"'&',,B, Greenfield Novak Taddonio

Halversan Noye Taylor, E. clark, R. Harper O'Brien,B. Taylor,F. Cochran Hasay O'Donnell Telek C n h ~ n Haves S P Oliver Vraon ---, --.-. --. ~~ ~

I c0G~~ ~ o e f i e ~ Petrarca Wa~hob Cornell Hanaman Piccola Wargo Coslett Hutchinson, W. Pievsky Wass Cowell Johnson, E. Pistella Weidner Cunningham Johnson, .I. Pitts Wenger Davies Jones Polite White DeWeese Kanuck Pott Wilson nirarlo Klinenman Pratt Wilt - . . . . -. ..~.~ ~. Dietz Knight Punt Wright, D. Dininni Kolter Pyles Wright. J. L. Dombrowski Kowalyshyn Rappaport Yahner Donatucci Kukovich Reed Zitterman Duffv Lauehhn Rhdes Zord Earley ~ e h ; Rieger Zwikl Fee Levin Ritter Fischer, R. R. Lewis Rdgers Seltzer, Fisher, D. M. Livengood Scheaffer Speaker Foster. A. Lynch, E. R. Schmitt

NOT VOTING-10

Beloff Grieco Knepper Richardson Brunner Hayes, D. S. Lynch.F. Wagner Gatski Kernick

The question was determined in the negative, a n d t h e amendments were no t agreed to.

On the question recurring, I Bill a s amended was agreed to

s ta r t of a new hureaucracy in the Commonwealth. And that , a s clearly a s I can make it , is the intent of my amendment and I would appreciate an affirmative vote. Thank you. Mr. Speaker.

Will the Houseagree t o theamendments? I The SPEAKER. This hill has been considered o n three differ-

On thequestion recurring, Will the House agree t o t h e hill a s amended o n third consider-

ation?


Arty Gannon Manderino Salvatore Barber Gruppo McKelvey Seventy Brandt Helfrick Michlovic Shadding Chess Ifutchinson. A. Mur~hv Sieminski Dawida DeMedio DeVcrter Dorr Dumas Durham

Alden Anderson Armstmng Austin Belardi Bennett Berson Blttlr Barski Rowser Brown Burd Burns

Irvis O'Bhei, 1). Thomas Itkin Perzel Trello Lashinger Peterson Williams Letterman Pucciarelli Yohn Levi Rocks Zeller Madigan Ryan

Foster. W. Freind Fryer Gallagher Gallen Gamble Geesey Geist George. C George. M. Giamrnareo Gladeck G w h l

Mackowski Schwrder Manmiller Scirica McCall Serafini MrClatchy Shupnik McIntyre Sirianni McMonagle Smith.E. McVerry Smith. L. Micozzie Spenrrr Milanovich Spitz Mill~r Stairs Moehlmann Stcighner Mow~ry Stewart Mrkonic Street

I en t days a n d agreed to and is now on final passage. The question is, shall the bill pass finally?

Agreeable to the provisions of the Constitution, the yeas and ays willnow he taken.

Alden Anderson Armstrong Arty Austin Barber Belardi Bennett Herson Bittle Borski Bowser Rrandt Brown Burd Burns Caltagirone Cappahianca Cessar Chess Cimini Clark, B.

Foster. W. Freind Fryer Gallagher Gallen Gamble Gannon Geesey Geist George, C. Gporge, M. Giammarco Glad~ck Goehel Gwdman Grabowski Gray Greenfield Gruppo Halverfian Harper Hasay

Madigan Manderino Manmiller McCall MeClatchy Mclntyre McKelvey McMonagle McVerry Michlovic Micozzie Milanovich Miller Moehlmann Mowery Mrkonic Mullen, M. P. Murphy Must0 Nahill Navak Naye

Salvatore Seheaffer Schmitt Schwrder Scirica Serafini Seventy Shadding Shupnik Sieminski Sirianni Smith, E. Smith, L. Spencer Spitz Stairs Steighner Stewart Street Stuban Sweet Swift

2496 LEGISLATIVE JOURNAI-HOUSE December 3,

~ ~

Irvis l't,tr;~~va Itkilt Ptrroln .I,,h,>son. E f'irvsky .I,rhnson. .I. I'i~tillii .Janr,s I'itts Kannrk I'olitr Klin~nnr:in Poll Knight I '~ . ; t t t Koltcr l ~ ~ ~ c c i ~ , v ~ ~ l l ~ Kow;iIvsh?n I'unl Kukovirh I'ylc,c 1.nahinpr.r lt:tp~~;tp,,rt I.;tughlin 1li.c.d I.rhr l l l~o~l t~s

NOT VOTING-10

Gricco Knepprr F1o.v~~. I). S. I.ynrh, F'. Kernick

Wcngcr. White Williams \Vilsml LVilt Wright, rl W~ight. .I I. Y;lllnrr Yi,hn Zr1li.r %ittrrn~:$n %orii Xwikl

Richardson \Vagnrr

'Thr majority rrrjnirrcl hy t h r Constiti~lion h;~ving vr~tcd in tlir ;~ff i rmntivr , the, qut,stion w;,s dri t~rmincd in ihr, ;rfl'irrn;~~ tivi'.

Ordi,rrri, Th;rt tht. rli,rk r,.turn thtx s:rmc. t i , t h r S c n : ~ t ~ , with inforn~at ion thxt the, H ~ r u s p h i ~ s piisst~I the' s:imc, with L I I I I P ~ I I - mrn t in whirlr the, rr,rrctrrri~nrr of thr .St ,n:~t i is rc~rlur~stf~rl.

HOUSE BTL1,S INTRODIJCED AND REFERRED

A S u p p l ~ m i m t to thi. ; ~ r t of I ' I . , N 1. rntitliad "At, a r t lirovidirlg for thr. e;rl,it;tl hiiilgi.1, for the fisr;~l yfvirs 197$)-1980." itrrnirint. ;I ilutilir i rnl~n~vi .mr~nt ))rojirt. "* st i r t~

An Act ;rmi.nding t h r :wl of Oc1ohe.r 4. I!)iS (P. I.. XS3. Nrl. 170). referred 10 ; I S fh<, Pul,lir Offii.i;~l :~nrl Ernllloyrv Ethivs l a w . ~xoviding for ini4il:ihilitv for vnil~lnymvnt :IS ;I puhlic of- fici;ll or i~nrployc.c.

Kcfirrrd trr S t a i r Gr,vcrnmrnt. Ilc,<,. :i. 1!l7!).

A n Art m;lkini: ; ~ n ;il,lwopri;,tion 1 0 thv Muirlr~~rhv~.g Mrdic;~l Centi>r in thc. City of 1 1 ~ ~ t h 1 ~ ~ h c ~ m . ( ' r~r~t i ty of I,i.high ;and Con8- mi~rriv~~:rlI h of Pc~nns?lv;~ni:~.

Kr.fi.rrcd to Apprnl~ri;rtions. 1)t~c. :1. 1!I7!).

HOIJSE RESOLUTION 1NTROI)IICED AN]) REFERREI)

Serial No. 156 I1y Rcl,rr,sr,nt.;~ti\~<~s CA1,TAGIKONF:. SI'l'l'L. ('OCHIIAN, STEI(:IINEI< :,nd l,I\'l<N~;OOll.

I 3 o u r rnrmol.i:ilizi (:rjngrcss i.limin:~ti intvri.it ,111 ~c,rtRill savings ; ~ c , ~ i u n t s nncl honds f t ~ i n , Fi,clrr:rl i~r, . i~mt> 1:rxc~s.

I BILLS SIGNED BY SPEAKER

,In Act ;imending the :rrt of N<,vi~mhr~r 27. 1970 ( I ' 1,. 773. No. 25(i), t.ntitled "A su l~ l~ l rment 10 tht, ;ict of Novcmhcr 2 5 . l l f l I . I 1 1 0 N . 1:1:1). rntitlcd 'An ;act pnrvidirrg for ilrt, c;t~jit;jl t ~ u r l ~ . i ~ t fr,r t l r ~ fisc;ll ve;ir l!I(i!l-L!17~l.' itr.rnizini. ~ ~ n h l i c

An Act ;rilthr,rizing t h r 1)rp:rrtnrt~nt of ( : I , I I I ,~ : I~ S~.rvi<.i's. with thr. nlrljro~;rl r,f th,. Govcrnrjl. :ind thi. I~:rr,<~r~liv,, I I i r c r l~>r 111'1 hi. Ilistr,rio~l :lnd Musi,uin Cr~mnrissi<,n 1 0 gr;lnt ;I" v:rsr,rni.rrl iln ;I t~.:lil of land in I,;inr,:isti.r (:ounty 10 lhi, City rrf I,:lnr.;lsl,,r Au- thority for the rrcction ;and usex of : I tx,r,st,,r ~ ~ u n ~ l ~ i n g st;rtion for ia ru;itrr sysir~rn

RII,I,S KEMOVEI) FROM TAR1,F: FOK CALENDAR

'I'h,, SPEAKER. 'I'hc (:hair ~.ir.ngniz,,s t he majority I ~ . ; ~ d r r . . Mr. RYAN. Mr. Sp~vlkcr. I rnnvi, th :~ l 1113 l ( i8 ;rnrl I1H 2033 I,,, tiikclri ft.orn tli,. t:ll,lc, :tnd 11111 011 t I ~ ~ ~ i ~ ( . t i ~ ~ ~ ~ ~ ; i l ~ ~ ~ ~ ~ l i ~ r ,

An Act ; ~ m ~ n d i n g the ;let <IS O c t o h ~ r 4 . 19iX (P. I.. XX:1. Nri. 170). r~frwrerl to ;IS t h i ~ I'rlhli<, 0ff'ici;rl ;xnrl I?mployt,c F:tlii~,i I.;jw, rrquirinl: r~nrl~l<,yc.~,s of th(, news m ~ r l i ; ~ who ;lrr rt,gul;~rly ;ind ordintlrily , r s s i ~ n i d to news r,r,vimlgr of the. (;r>nrr.;~l As- s ~ m h l y t o f'ili. fin;~nr,i:~l s tn t i .m~nts .

IIt.frrrcd t o S t n t ~ ~ ( ; r ~ v r ~ r n m ~ ~ n l . l ) p r :1. 197!1.

RI1,LS PASSE11 OVER

rT'ht, S P E ~ ~ F : ~ , l\rith,,,rt ol,jr,r,ti,,n, rrnr ; , in inl : l,ills on tl,. d;ry's r;~lc~nrl;l~. will l t i . l,;tss,,rl <,nc,t..

'I'hc~ Chair Irr:~rs n o oI~.ic,<~tiorr.

H H 2047 l{y Ilrl>r~sc,nt;ltivc,s ZE1,1,EIt. WEII)NER. MA(:KOWSKI. RROTVN. R . 1). CI,AI{K ; ~ n d TF:T.EK.

REPIJBI,I('AN CAIi(:I!S 'rhi~S1'I:AKERl'Iir (:h;rir rrroglriz<~s thf>mnjrrrity lr,;~cl~,r. Mr. RYAN. Mr. Spv;rk,.r. I wot~ld holic, Ilr~rt ~ I I , , n rcn~t ,<~rs

1979. 1,EGISLATIVE JOURNAL-HOUSE 2497

morning. 1 7.11~ SPEAKEIi 'I'hr (.li:rir norrid likc to wi4conri> lo !hi, floor

xvould list.c,r~ to this, hoth on thi. fl<r<rr;inil in t11t~i1.offir.c~. I .;:~g<, <,I. for di .h;~t t~, i r t li'i~st. tolllorrow mortring, h i ~ g i n n i n ~ i ~ t 11 TIIC~P will hc ;I t l i ~ j ~ r ~ l ~ l i ( ~ : ~ r i ~ : ILICIIS 10111orr(i\v ~rror.nilig ir t !l::ln. i<, loik. :sn,l il.i, n.ill 11,. gl;lrl t o give th;lt m;~rking to any mimhi.r . . I hi,rc n.ill ht, :I l<i.l~r~hlii.;~r~ i.:lor,us tiimorr,,w morning :it I)::IO. so t l i ; i t :,I1 irf you ;~r i , l~rq>:~rccI f , r tomorrow morning's I 1

Now if ~v i . ;irt.gr~ini: t o g1.t o i ~ l of tri.r.i. this ir.i,i,k 01. r~t ,xt w(,i.k or this yiAar. a,,. mrlst r;lni.us on crrtii i i~ ilf thc,sr hills. :11111 I wor~ld :isk th;rt :rll of our m c n r h ~ ~ r s hi, in ciucos ;at !l::10 t(in101.1.ow

<,'i.lrrk svssirln Thank yrru. Mr. S ~ ~ c ; ~ k i , r .

WEI,(:OME

DEMOVRATIC CAUVIJS

'rtw SPF,AKEI{. Thc ('hair ~ ~ ~ r o g t i i z i . ~ t hc. ~riinority Iri~clt'r.

o l ' th<, IIous+, ;I i'ormi.1. c1islinguishi.d rncrnhcrof !his Ilousr~ who is s!;~trcIitrg h,,Irirril I t r , , rail, Atri1:t F';d,.rnrc~ K,,lly.

hlr. IKVIS. Mr. Spi.;~kcr. tlicri, will h,, no ncv,rl for ;an i.;~rly I)mrorr;it,i<, <,;lnrus. 'Shi.n, will most wrt;linly lrr ;I ni,ed f,,r :I

I),,mr~<,r;~tic caucus ;it ;I 1:ltrr time in thi. <l;ly for 1114 1. 7.111 rrw

son we, are not ciru(,rlsing ill 1111, nrorrring 011 IIH 1 is IW,~:IUS<~ \VF

;Iri, ;~w:iiting rrrt;rin : r tn~~n(lmi~nts , hut thcr,, will hi. r r o 1 1 i ~ d Sol-

us t , r tl;iv,, t l i , , i.:n.ly i.nu,.us tr,rnorr<,w nr,,rniog. 1 wol~lil :irlvisr t l r ? m r n ~ h i ~ r s . t o p t h c r with the, n1;ijrrity

Ic:~clcr. t l ~ i t wr 1 , ; l v ~ r r r ;~rk<~~l i.i~rt;rin hills t o ht, r.;~llt.d tip fur i>:ts

ADJOURNMENT Mr. KOD(;ERS ~nuvcd that t,his Huusr of Krprescnlatives do

now adjourn u n t i l T u ~ s d a y , nccemhrr 4 ,1979 , a t 11 a.m.. e.s.t

O n the guestinn, Will the llouse agree to the motion? Motion was agreed to. and a t 6:24 p.m. , e s t . , the House ad-

journed.

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COMMONWEALTH OF PENNSYLVANIA · COMMONWEALTH OF PENNSYLVANIA MONDAY, DECEMBER 3,1979 Session of...

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