COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL · 4/25/1989 · SCHEETZ, BUSH, PISTELLA, DeLUCA,...

COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

TUESDAY, APRIL 25, 1989

SESSION OF 1989 173D OF THE GE

HOUSE OF REPRESENTATIVES The House convened at 11 a.m., e.d.t.

THE SPEAKER (JAMES J. MANDERINO) IN THE CHAIR

PRAYER

REV. CLYDE W. ROACH, Chaplain of the House of Representatives, from Harrisburg, Pennsylvania, offered the following prayer:

Let us pray: Gracious God, You who have called us from darkness to

Your wonderful light, we thank You for the opportunity to serve Your people. We recognize our dependency upon You for wisdom and guidance. Convict us of Your truth and righ- teousness, and give us the resolve to rightfully acquit our- selves in service to You and to those whom we serve.

Remind us that You are in this place, and from this recognition, may we have the quiet assurance that You will assist us in our deliberations and actions. Do not allow our differences to blind us to Your truth and impede our progress.

And we thank You, Father, for the words that You gave to us: Suffer little children to come unto'You and prevent them not, for of such is the kingdom of heaven.

In Your dear name we pray. Amen.

PLEDGE OF ALLEGIANCE

(The Pledge of Allegiance was recited by members and vis- itors.)

JOURNALS IN PRINT

The SPEAKER. The Chair announces for the information of the members that Journals are now in print for Wednes- day, April 5; Monday, April 10; and Tuesday, April 1 1, 1989. These, along with the group read previously this week that are now in print, will be approved prior to the end of this week's session.

JOURNAL APPROVAL POSTPONED

The SPEAKER. Without objection, the Journal for Monday, April 24, 1989, is not yet in print, and we will post- pone the approval of that Journal until it is in print. The Chair hears no objection.

qERAL ASSEMBLY No. 30

HOUSE BILLS INTRODUCED AND REFERRED

No. 1297 By Representatives GIGLIOTTI, PISTELLA, McNALLY, DeWEESE, VEON, McVERRY, KOSINSKI, BILLOW, MELIO, ROBINSON, MICHLOVIC, KAISER, JOHNSON, LANGTRY, OLASZ and STABACK

An Act amending the act of August 1, 1975 (P. L. 169, No. 87), entitled "An act relating to pensions for employees of the City of Pittsburgh," further providing for the membership of the pension board.

Referred to Committee on URBAN AFFAIRS, April 25, 1989.

No. 1298 By Representatives THOMAS, MOEHLMANN, CALTAGIRONE, ALLEN, ANGSTADT, ARGALL, BELARDI, BILLOW, BIRMELIN, BLAUM, BOYES, BUSH, CAWLEY, CESSAR, CHADWICK, D. F. CLARK, CLYMER, COLAIZZO, CORNELL, COWELL, DAVIES, DeLUCA, DEMPSEY, DIETTERICK, DISTLER, DOMBROWSKI, DORR, FARGO, FARMER, FEE, FOX, GEIST, GIGLIOTTI, GODSHALL, GRUPPO, HAGARTY, HALUSKA, HARPER. HAYDEN, HAYES, HERMAN, HOWLETT. JACKSON, JADLOWIEC, JOHNSON, KASUNIC, KENNEY, KOSINSKI, LaGROTTA, LEH, LLOYD, MAIALE, MARKOSEK, MARSICO, MAYERNIK, McVERRY, MELIO, MERRY, MICOZZIE, MORRIS, MRKONIC, NAHILL, NAILOR, PICCOLA, PITTS, TRICH, PRESSMANN, RAYMOND, ROBBINS, ROBINSON, RYBAK, SAURMAN, SCHEETZ, SEMMEL, SERAFINI, S. H. SMITH, D. W. SNYDER, STABACK, STEIGHNER, STUBAN, TANGRETTI, E. Z. TAYLOR, TRELLO, VAN HORNE, WAMBACH, WESTON, WOGAN, J. L. WRIGHT, YANDRISEVITS, J. H. CLARK, PHILLIPS, G. SNYDER, LASHINGER, BURD, O'BRIEN, LANGTRY, BATTISTO, F. TAYLOR and NOYE

674 LEGISLATIVE JOURNAL-HOUSE APRIL 25,

An Act amending the act of April 14,1972 (P. L. 233, No. a), known as "The Controlled Substance, Drug, Device and Cos- metic Act," further providing for prohibited acts and penalties; providing for recidivism penalties; and further providing for pre- trial disposition of certain cases.

Referred to Committee on JUDICIARY, April 25, 1989.

No. 1299 By Representatives O'DONNELL, MANDERINO, RYAN, HAYES and F. TAYLOR

An Act amending the act of October 28, 1%6 (1st Sp. Sess., P. L. 55, No. 7). known as the "Goods and Services Installment Sales Act," further providing for rates, service charges, fees and contracts; requiring plain language; and making repeals.

Referred to Committee on BUSINESS AND COM- MERCE, April 25,1989.

No. 1301 By Representatives SCRIMENTI, BOYES, LLOYD, MERRY, HARPER, TRICH, DOMBRO WSKI, CAPPABIANCA, O'DONNELL, KUKOVICH, BARLEY, VEON, MELIO, HAGARTY, MAINE, BLAUM, TIGUE, CAWLEY, WILLIAMS, THOMAS and MARKOSEK

An Act amending the act of July 2,1984 (P. L. 545, No. log), known as the "Capital Loan Fund Act," extending the time limit for Class 111 and apparel industry loans or aid; and further providing for apparel industry loans.

Referred to Committee on APPROPRIATIONS, April 25,1989.

No. 1302 By Representative RYBAK

An Act amending the act of July 2, 1984 (P. L. 553, No. 1 lo), known as the "Engineering School Equipment Act," further providing for acquisition and upgrading of equipment and for the expiration of the act.

Referred to Committee on EDUCATION, April 25, 1989.

No. 1303 By Representatives PICCOLA, PITTS, MERRY, LEH, FOX, LASHINGER, RAYMOND, VROON, LAUGHLIN, JOHNSON, BARLEY, SCHULER, HECKLER, PHILLIPS, SEMMEL, HERSHEY, DORR, JACKSON, FLICK, FARGO, DeLUCA, CARLSON, NAHILL, SAURMAN and CIVERA

An Act amending the act of May 18, 1937 (P. L. 665, No. 176), known as the "Industrial Homework Law," changing the purpose of the act; further regulating the performance of industrial work in homes; and making editorial changes.

Referred to Committee on LABOR RELATIONS, April 25,1989.

No. 1304 By Representatives THOMAS, OLIVER. WILLIAMS, EVANS, JAMES, JOSEPHS, BISHOP, CARN, ACOSTA, COLAIZZO, HOWLETT. WESTON, COHEN, WAMBACH, KOSINSKI, RICHARDSON, PISTELLA, HARPER, KUKOVICH,

SERAFINI, VEON, BELARDI, MORRIS, BILLOW, D. W. SNYDERand SCRIMENTI

An Act amending the act of December 3, 1959 (P. L. 1688, No. 621). known as the "Housing Finance Agency Law," providing for additional housing programs; increasing the members of the governing board of the agency; changing the name of the agency; and making an appropriation.

Referred to Committee on URBAN AFFAIRS, April 25, 1989.

No. 1305 By Representatives PETRONE, TRELLO, DeLUCA, ROBINSON, MARKOSEK, SCHEETZ, GIGLIOTTI, PISTELLA, BARLEY, OLASZ and VROON

An Act amending the act of December 31, 1%5 (P. L. 1257, No. 51 I), known as "The Local Tax Enabling Act," further providing for delegation of taxing powers.

Referred to Committee on FINANCE, April 25, 1989.

No. 1306 By Representatives PHILLIPS, PETRARCA, FAIRCHILD, ROBINSON, COLAIZZO, NOYE, STUBAN, TIGUE, CARLSON, DEMPSEY, SAURMAN, BELFANTI, BOYES, DISTLER, WOGAN, STABACK, REBER, DIETTERICK, KASUNIC, JOHNSON, McCALL, E. Z. TAYLOR, GEIST, ROBBINS, ADOLPH, HASAY, MRKONIC, LAUGHLIN and TRELLO

An Act amending the act of December 5,1936 (2nd Sp. Sess., 1937 P. L. 2897, No. I), known as the "Unemployment Compen- sation Law," providing for an exclusion of certain military pay from unemployment compensation.


No. 1307 By Representatives PHILLIPS, WOZNIAK, GEIST, SERAFINI, OLASZ, VROON, MARSICO, HALUSKA, FOX, MORRIS, BARLEY, FAIRCHILD, TRELLO, BISHOP, BUNT, JOHNSON, D. F. CLARK, BELARDI, LASHINGER, FARGO, ADOLPH, COLAIZZO and JAMES

An Act amending Title 18 (Crimes and Offenses) of the Penn- sylvania Consolidated Statutes, providing for warning signs to be placed on certain merchants' doors.

Referred to Committee on JUDICIARY, April 25,1989.

No. WOS By Representatives BISHOP, RYBAK, KOSINSKI, ROBINSON, TRELLO, CARN, VEON, JOSEPHS, PISTELLA, MELIO, KENNEY, HUGHES and SERAFINI

An Act amending the act of June 28, 1935 (P. L. 477, No. 193), referred to as the "Enforcement Officer Disability Benefit9 Law," further providing for compensation for service-related injuries.

1989 LEGISLATIVE JOURNAL-HOUSE 675


No. W09 By Representatives ALLEN, LUCYK, McCALL, HAYES, HESS, TELEK, S. H. SMITH, GEORGE, ANGSTADT, BLACK, BUSH and ARGALL

An Act amending the act of June 14, 1961 (P. L. 324, No. 188). known as "The Library Code," further regulating equaliza- tion aid to libraries.

Referred to Committee on FINANCE, April 25,1989.

No. 1310 By Representatives BATTISTO, DOMBRO WSKI, WASS, BOYES, BELARDI, STABACK, COY, PISTELLA, COWELL, D. W. SNYDER, NAHILL, TRELLO, VAN HORNE, McHALE, KOSINSKI, DALEY, PETRONE, GLADECK, LINTON, LESCOVITZ, RAYMOND, DAVIES, PHILLIPS, BIRMELIN, BUNT, BLACK, OLASZ and W O N

An Act amending the act of March 10, 1949 (P. L. 30, No. 14), known as the "Public School Code of 1949," further providing for school health services and reimbursement for school health services.


No. 1311 By Representatives BORTNER, LASHINGER, CORRIGAN, FOSTER, BROUJOS, FOX, PRESSMANN, LETTERMAN, LaGROTTA, GIGLIOTTI, CAPPABIANCA, ROBINSON, D. W. SNYDER, CALTAGIRONE, MARKOSEK, KUKOVICH, DISTLER, BOYES, VAN HORNE. HERMAN, SEMMEL, NAHILL, BARLEY, CAWLEY, COLAFELLA, MICHLOVIC, DeLUCA, FEE, McHALE, STEIGHNER, DORR, MELIO, G. SNYDER, SCHEETZ, HECKLER, KASUNIC, PRESTON, MICOZZIE, BILLOW, GODSHALL, LEVDANSKY, RYBAK, CORNELL, BOWLEY, CESSAR, BUSH, COLAIZZO and McVERRY

An Act amending'~itle 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, adding provisions relating to constables; further providing for'a negligence standard for officers, directors, agents and trustees of nonprofit organizations; providing a liability standard for officers, directors and trustees of certain clubs; and making an appropriation.

Referred to Committee on JUDICIARY. A~ri l25. 1989. . - No. 1312 By Representatives GEIST, GRUPPO,

NAHILL. VAN HORNE, NOYE, GLADECK, BRANDT, D. W. SNYDER, G. SNYDER, HECKLER, J. L. WRIGHT, VEON, PHILLIPS, MERRY, FARGO,

HERMAN, McVERRY, LASHINGER, JOHNSON, SERAFINI, LANGTRY, BUNT, BARLEY, BURD, CIVERA, ROBBINS and J. H. CLARK

An Act relating to the observation of manufacture or con- structionby certain licensees.

Referred to Committee on PROFESSIONAL LICEN- SURE, April 25,1989.

No. 1313 By Representatives GEIST, GRUPPO, NAHILL, VAN HORNE, NOYE, GLADECK, BRANDT, D. W. SNYDER, G. SNYDER, HECKLER, J. L. WRIGHT, WON, PHILLIPS, MERRY, FARGO, HERMAN, McVERRY, LASHINGER, JOHNSON, SERAFINI, LANGTRY, BUNT, BARLEY, BURD, CIVERA, ROBBINS and J. H. CLARK

An Act providing for approval by licensees of changes in documents or construction administration materials and for respon- sibility in connection therewith.

Referred to Committee on PROFESSIONAL LICEN- SURE, April 25, 1989.

No. 1314 By Representatives J. L. WRIGHT, TIGUE, FAIRCHILD, MERRY, NOYE, SEMMEL, CARLSON, NAHILL, MORRIS, FLEAGLE, BILLOW, E. Z. TAYLOR, DIETTERICK, SCRIMENTI, SCHEETZ, FOX, CLYMER, GEIST, HERSHEY, MELIO, RITTER, WILSON, HERMAN, D. W. SNYDER, DAVIES, ARGALL, ITKIN, SERAFINI, BUSH, REINARD, MARSICO, TRELLO, HOWLElT, BURD, PETRARCA, BORTNER, BROUJOS, CIVERA and HECKLER

An Act amending the act of April 9,1929 (P. L. 177, No. 175), known as "The Administrative Code of 1929," requiring State agencies to use recycled paper.

Referred to Committee on STATE GOVERNMENT, April 25,1989.

No. 1315 By Representatives J. L. WRIGHT, GODSHALL, HECKLER, TIGUE, CIVERA, FAIRCHILD, MERRY, NOYE, SEMMEL, CARLSON, NAHILL, FARGO, MORRIS, FLEAGLE, BILLOW, ROBINSON, E. 2. TAYLOR, DIETTERICK, SCRIMENTI. SCHEETZ, FOX, CLYMER, GEIST, HERSHEY, MELIO, BORTNER, PETRARCA, McVERRY, RITTER, WILSON, HERMAN, D. W. SNYDER, DAVIES, ARGALL, ITKIN, SERAFINI. BUSH, REINARD, MICHLOVIC, MARSICO, TRELLO, HOWLETT, BURD and BROUJOS


An Act amending the act of July 28, 1988 (P. L. 556, No. 101), known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," further providing for procurement by the Department of General Services and for recycled paper products.

Referred to Committee on STATE GOVERNMENT, April 25,1989.

No. 1316 By Representatives COLAFELLA, CESSAR, COLAIZZO, SALOOM, CLYMER, DALEY, ROBINSON, DeWEESE, PITTS, PHILLIPS, E. Z. TAYLOR, BIRMELIN, BARLEY, HARPER, JACKSON, SCHEETZ, BUSH, PISTELLA, DeLUCA, OLASZ, PRESTON, SAURMAN, THOMAS, BROUJOS, GRUPPO, STAIRS, MILLER, FARMER and MOWERY

An Act amending the a'kt of August 26, 1971 (P. L. 351, No. 91), known as the "State Lottery Law," providing that there shall be no drawings or selections of winning tickets on Sundays.

Referred to Committee on FINANCE, April 25.1989.

No. 1317 By Representatives STUBAN, LLOYD, BURD, KASUNIC, STISH, JAROLIN and DALEY

An Act amending the act of December 22. 1983 (P. L. 327, No. 85), known as the "Auctioneer and Auction Licensing Act," further providing for the disposition of fees and fines.

Referred to Committee on PROFESSIONAL LICEN- SURE, April 25,1989.

No. 1318 By Representatives KUKOVICH, STUBAN, O'DONNELL, EVANS, HAGARTY, WAMBACH, STAIRS, KOSINSKI, BILLOW, MAINE, BELFANTI, LINTON, PRESTON, PRESSMANN, FOX, JOSEPHS, VAN HORNE, ROBINSON, MELIO, GIGLIOTTI, MORRIS, BOYES, PISTELLA, HARPER, BLAUM, t A W N ~ R , - J ~ S t I M , FHtEMAW, BELARDI, CAWLEY, BUNT, MICHLOVIC, FLICK, LEVDANSKY and RITTER

An Act amending the act of June 13,1967 (P. L. 31, No. 21). known as the "Public Welfare Code," further providing for reimbursement to counties for child welfare services.

Referred to Committee on YOUTH AND AGING, April 25, 1989.

No. 1319 By Representatives MERRY, HALUSKA, - - -- - - - - -

BOYES,TRELLO,OLASZ, VROON, GIGLIOTTI, CARLSON, ROBINSON, DISTLER, BELFANTI, NAHILL, TIGUE, FOX, VEON, HERSHEY, MELIO, J. L. WRIGHT, STABACK, SAURMAN; LINTON, HECKLER, JOHNSON, G. SNYDER, PHILLIPS, RAYMOND, GAMBLE and SERAFINI

An Act amending the act of August 24, 1963 (P. L. 1175, No. 497), known as the "Mechanics' Lien Law of 1963," further providing for the waiver of mechanics' liens.

Referred to Committee on FINANCE, April 25, 1989.

No. 1320 By Representatives MERRY, MRKONIC, BOYES, VROON, SCHEETZ, ROBINSON, FLICK, HALUSKA, DISTLER, BROUJOS, FARGO, JOHNSON, ROBBINS and TRELLO

An Act amending the act of December 15, 1986 (P. L. 1610, No. 181). known as the "Rabies Prevention and Control in Domestic Animals and Wildlife Act," providing for departmen- tal designation of rabies risk areas; and requiring vaccinations within designated risk areas.

Referred to Committee on AGRICULTURE AND RURAL AFFAIRS, April 25,1989.

No. 1321 By Representatives LANGTRY, TRELLO, McVERRY, TIGUE, VROON, NOYE, FAIRCHILD, ADOLPH, JACKSON, YANDRISEVITS, ROBINSON, E. Z. TAYLOR, BILLOW, REBER, GEIST, STABACK, BUNT, KASUNIC, COLAIZZO and BROU JOS

An Act amending the act of March 10, 1949 (P. L. 30, No. 14), known as the "Public School Code of 1949," providing for notice to school principals of positive tests for acquired immune deficiency syndrome (AIDS).


HOUSE RESOLUTION INTRODUCED AND REFERRED

No. 90 By Representatives WOZNIAK, BILLOW, COLAIZZO, PRESSMANN, HALUSKA, LLOYD, ARGALL, RICHARDSON, CAWLEY, TRICH and FREEMAN

- - - - - - - - - - -- - -

Directing the Education Committee to investigate the feasibil- ity of having the Commonwealth pay the salaries of and provide benefits for public school teachers.

Referred to Committee on RULES, April 25, 1989.

SENATE BILLS FOR CONCURRENCE

The clerk of the Senate, being introduced, presented the following bills for concurrence:

SB 83, PN 83

Referred to Committee on TRANSPORTATION, April 25, 1989.

SB 282, PN 289


SB 400, PN 911


Referred to Committee on TRANSPORTATION, April 25,1989.

SB 681, PN 731


SB 790, PN 870


SENATE MESSAGE

ADJOURNMENT RESOLUTION FOR CONCURRENCE

The clerk of the Senate, being introduced, presented the following extract from the Journal of the Senate, which was read as follows:

In the Senate April 24, 1989

RESOLVED, (the House of Representatives concurring), That when the Senate adjourns this week it reconvene on Monday, May 1, 1989, unless sooner recalled by the President Pro Tempore of the Senate; and be it further

RESOLVED, That when the House of Representatives adjourns this week it reconvene on Monday, May 1, 1989, unless sooner recalled by the Speaker of the House of Representatives.

Ordered, That the clerk present the same to the House of Representatives for its concurrence.

On the question, Will the House concur in the resolution of the Senate? Resolution was concurred in. Ordered, That the clerk inform the Senate accordingly.

BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 246, PN 274 By Rep. F. TAYLOR An A d amending Title 15 (Corporations and Unincorporated

Associations) of the Pennsylvania Consolidated Statutes, requiring nonprofit corporations to supply information as to affilia- tion, activities and tax status to the Commonwealth; providing for powers and duties of the Department of State and the ~ e ~ a r t - ment of Revenue; providing for penalties; and making appropriations.

BUSINESS AND COMMERCE.

HB 757, PN 1499 (Amended) By Rep. F. TAYLOR

An Act providing for the regulation and licensing of mortgage bankers and mortgage brokers; imposing additional powers and duties on the Department of Banking; and providing penalties.

BUSINESS AND COMMERCE.

FILMING PERMISSION

The SPEAKER. For the information of the members, the Chair announces that "The People's Business" is setting up

shop today, taking advantage of the rules of the House allowing television, video, and audio on the floor of the House. "The People's Business" camera is immediately in front of the Speaker in the well of the House.

BILLS REMOVED FROM TABLE

The SPEAKER. The Chair recognizes the majority leader, Robert O'Donnell, from Philadelphia.

Mr. O'DONNELL. Mr. Speaker, I move that the following bills that are on the tabled calendar be placed on the active calendar:

HB 10; HB 123; and HB 504.

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

CALENDAR

1 BILLS ON SECOND CONSIDERATION

The House proceeded to second consideration of HB 195, PN 221, entitled:

An Act to promote and encourage the protection, preservation and conservation of locally designated scenic roads.

On the question, Will the House agree to the bill on second consideration?

1 BILL RECOMMITTED

The SPEAKER. The Chair recognizes the majority leader. Mr. O'DONNELL. Mr. Speaker, I move that HB 195 be

recommitted to the Appropriations Committee for the purpose of a fiscal note.

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

The House proceeded to second consideration of HB 315, PN 347, entitled:

An Act amending the act of May 29, 1956 (1955 P. L. 1840, No. 610), known as the "Water Well Drillers License Ad," requiring the filling or sealing of abandoned wells.


BILL RECOMMITTED


recommitted to the Appropriations Committee for a fiscal note.

LEGISLATIVE JOURNAL-HOUSE APRIL 25,


The House proceeded to second consideration of HB 439, n - 7 ...a r~ -1, entitied:

An Act amending the act of June 22, 1937 (P. L. 1987, No. 394), known as "The Clean Streams Law," providing that permits shall not be required for certain sewer extensions.


BILL RECOMMITTED


recommitted to the Appropriations Committee for a fiscal note.


The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for tb34 co~sider~?im:

HB 464, PN 506; and HB 491, PN 933.

BILLS AND RESOLUTIONS PASSED OVER

The SPEAKER. For the information of the members, today's voting schedule consists of the following bills: page 2, HB 506; page 3, SB 109; page 5, HB 160; page 6, HB 49; page 4, HB 162; page 6, HR 81; and page 7 of today's calendar, HR91.

Without objection, all bills not yet handled by the Speaker and the House and not on the voting schedule will go over in order. The Speaker hears no objection.

LEAVES OF ABSENCE

The SPEAKER. The Speaker turns to leaves of absence. Are there leaves of absence to be requested by the majority

party? The gentleman, Mr. DeWeese, from Greene County, the majority whip, is recognized on the question of leaves.

Mr. DeWEESE. Mr. Speaker, the gentleman, Mr. HOWLETT, from Philadelphia for today's session only.

The SPEAKER. The Chair thanks the gentleman. Without objection, the leave requested by the majority

whip will be granted. The Chair hears no objection. Are there leaves of absence from the minority party? The gentleman, the minority whip, Mr. Hayes, indicates

there are no leaves to be requested.

MASTER ROLL CALL

The SPEAKER. The Chair is about to take the master roll call. Members are to indicate their presence in the hall of the House by a "yea" vote on the electronic roll-call board. On the master roll call, members will proceed to vote.

- - - - - - - - - - - - -

The following roll call was recorded:

Acosta Adolph Allen Angstadt Argall Barley Battisto Belardi Belfanti Billow Birmelin Bishop Black Blaum Bortner Bowley Boy= Brandt Broujos Bunt Burd Burns Bush C&&rom Cappabianca Carlson Cam Cawley Cessar Chadwick Civera Clark, B. D. Clark, D. F. Clark, J. H. Clymer Cohen Colafella Colaiao Cole CorneU Comgan Cowcll COY DeLuca Deweese Daley Davies Dempsey Dietterick D i n i Distler

Dombrowski Lashinger Donatucci Laughlin Dorr Lee Durham Leh Evans Lescovitz Fairchid Letterman Fargo Levdansky Farmer Linton Fee Lloyd measle L U C Y ~ Flick McCall Foster McHale Fox McNally Freeman McVerry Freind Maiale Gallen Maine Gamble Markosek Gannon Marsico Geist Mayernik George Melio Gigliotti Merry Gladeck Michlovic Godshall Micozzie GdPzlt Mrller--~- GNPPO Moehlmann Hagarty Moms Haluska Mowery Harper Mrkonic Hasay Murphy Hayden Nahill Hayes Nailor Heckler No ye Herman O'Brien Hershey 0 ' Donnell Hess Olasz Hughes Oliver Itkin Perzel Jackson Petrarca Jadlowiec Petrone James Phillips Jarolin Piccola Johnson Pistella Josephs Pitts Kaiser Pressmann Kasunic Preston Kenney Raymond Kondrich Reber Kosinski Reinard Kukovich Richardson LaGrotta Rieger Langtry

ADDITIONS-0

NOT VOTING-0

Howlett Piwsky

Ritter Robbins Robinson Roebuck Rudy Ryan Rybak Saloom Sauqan Scheetz Schuler Scrimenti Semmcl Serafini Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stish Strittmatter Siubaii ~- - -

Tangretti Taylor, E. 2. Taylor, F. Taylor, J. Telek Thomas T i e Trello Trich Van Home Veon Vroon Wambach Wass Wiston Wiams Wison wogan Woniak Wright. D. R. Wright, J. L. Wright, R. C. Yandrixvits

Manderino, Speaker


WELCOMES

The SPEAKER. The Speaker is happy, on behalf of the House, to welcome to the hall of the House a former Secre- tary of Transportation, George Pulakos, and his wife, Margaret, from Erie County, who are guests of the Erie County delegation. Will they please stand.

The Speaker is happy to announce and welcome to the Capitol this morning the eighth graders from Nazareth Academy, as guests of Representative Dennis O'Brien. It is my belief that they are still in the gallery. Will they please stand.

ANNOUNCEMENT BY SPEAKER

The SPEAKER. An announcement for the information of the members: The Speaker reminds the members-reminds the members-that a statement of financial interests must be 'led by all the members with the State Ethics Commission and the Chief Clerk of the House no later than Monday, May 1; Monday, May 1. That is this coming Monday, May 1.

BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 687, P N 1500 (Amended) By Rep. COWELL

An Act authorizing a program for the Department of.Educa- tion to make technology upgrade and acquisition grants on behalf of full-time equivalent students attending institutions of higher education in this Commonwealth; and making an appropriation.

EDUCATION.

BILLS ON THIRD CONSIDERATION

The House proceeded to third consideration of HB 506, PN 839, entitled:

An Act amending the act of April 28, 1%1 (P. L. 11 1, No. SO), known as the "Tourist Promotion Law," further defining "eligible costs" and "regional tourist promotion agency"; and further providing for grants.

On the question, Will the House agree to the bill on third consideration? Mr. HALUSKA offered the following amendments No.

A0733:

Amend Sec. 1 (Sec. 3), page 4, line 5, by striking out "proper"

Amend Sec. 1 (Sec. 3). page 4, line 6, by inserting after "re~olution'~

adopted by a unanimous vote

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

The SPEAKER. On that question, the gentleman from Cambria County, the amendment's author, Mr. Haluska, is recognized.

Mr. HALUSKA. Mr. Speaker, this legislation transfers the power from the various municipalities to the county to make reassignment of their respective tourist promotion bureaus to regional councils. This amendment would require that if such legislation is passed, you must have a unanimous vote by the commissioners in order to make this transfer.

I would like to say that in my particular county we have had controversy for some time regarding the transfer of our council to a regional base, and there is a difference of opinion between commissioners as to what way we should go. We basically are closely realigned to Altoona, Blair, Clearfield, and Indiana Counties, and they in turn want to assign us to a more distant base. So this would require that the commissioners vote unanimously when making a realignment of a council to a regional area.

I ask for a positive vote. Thank you. The SPEAKER. The question is, will the House agree to the

amendment? On that question, the gentleman from Monroe County, Representative Battisto, is recognized.

Mr. BAITISTO. Thank you, Mr. Speaker. Mr. Speaker, I accept the amendment. I could argue it both

ways. On one hand, you could say a minority commissioner could hold up the formation of a regional TPA (tourist promotion agency). On the other hand, if two commissioners were for something and one were opposed, if they were frag- mented, it would not be a very viable TPA they were forming. So I could be the devil's advocate and argue it both ways, so I guess in the final analysis I can accept the amendment with some hesitation, but I accept it.

The SPEAKER. On the question of agreeing to the amendment, the gentleman from Delaware County, the minority leader, Matthew Ryan, is recognized.

Mr. RYAN. Mr. Speaker, the prior speaker pretty muckset out my argument, and then he turns around and adopts the amendment despite his own argument. I believe that it would be a mistake. We run this government, we run this House, the whole Government of the United States is essentially run by majority rule. Everything I can think of is majority rule. Why we would allow a minority commissioner, regardless of what

I his political background might be, to tie up such a budget I think is a temble mistake.

Now, this amendment is going to be adopted or rejected not . by unanimous consent one way or the other but rather by a

majority of us, and I do not know why that is not good enough to take care of this budget. I suggest that we vote against this amendment.

The SPEAKER. The question is on agreement to the amendment, and on that question, the gentleman from Fayette County, Mr. Taylor, is recognized.

Mr. F. TAYLOR. Thank you, Mr. Speaker. I rise to support the amendment by Representative

Haluska. There is a somewhat distinct problem in his area of the State. In committee he had other language that would have been more restrictive, and as a compromise, I believe that having a unanimous vote of the commissioners in that particular area will solve the problem that Representative Haluska has.

LEGISLATIVE JOURNAL-HOUSE APRIL 25, p~

For that reason I would recommend the adoption of the amendment so that we can address that particular problem. We do not have that kind of problem in all the other tourist promotion agencies throughout Pennsylvania, only in that one particular area. Thank you, Mr. Speaker.

The SPEAKER. The question is, will the House agree to the amendment? On that question, the gentleman from Monroe, Mr. Battisto, is recognized for the second time.

Mr. BATTISTO. Thank you, Mr. Speaker. Mr. Speaker, I concur generally with what the minority

leader said, very honestly. However, we have a history in this House of helping to allow individuals to solve individual problems as well as we can, and in this case we have an individual problem in Cambria County. In our committee meeting, we sort of acceded to that way of solving it.

Generally speaking, it does present a problem, but I do m p t t k a m d m a t . -~ ~ - ~ - ~ - ~ ~ ~ ~ - ~ ~-~~~~~ ~ - ~ - ~ - ~- ~ - - ~ - ~ ~ ~~~~~~~-

The SPEAKER. The question is on the amendment. The minority leader, Matthew Ryan, is recognized.

Mr. RYAN. Mr. Speaker, I do not think we do what the gentleman said. We try and help our various friends and peers, but we do not do it at the expense of our own communities.

Now, I am speaking in a generic sense. My county does not have minority commissioners; it is a home-rule county, but I can see you might solve one problem in Cambria County- which, frankly, I am not even familiar with, unless this was shared on the floor and I was not listening, but I do not know what the gentleman's problem is in Cambria County-but he is going to create problems in probably 50 of the other 67 counties in solving this one. All of a sudden you are going to have a minority commissioner-and it does not matter what his political background is-holding up, not just to make sure this tourist budget is okay, but he is going to get his brother on the payroll and someone else taken care of and solve all the other problems in order to give up that vote for this budget. I think it is crazy. I mean, it just makes no sense to do this.

The SPEAKER. The question is on the amendment, and the gentleman from Allegheny County, Representative Trello, is recognized.

Mr. TRELLO. Mr. Speaker, I rise to oppose the amendment.

I have been an elected official both on the local level and in this General Assembly, and never once did anything come before me that had to have a unanimous vote. As far as I know, the only area that needs a unanimous vote is a jury, and I do not think we should allow anybody to be judge and jury.

I encourage a negative vote. The SPEAKER. The question is on agreeing to the arnend-

ment, and on that question, the Chair recognizes the gentleman from Cambria, Mr. Haluska.

Mr. HALUSKA. Mr. Speaker, this is a major piece of legislation. You are taking away the authority of the local municipalities.

Under the original law, each municipality had to vote to generate and create a tourist promotion agency. They in turn were created by law, and they are the recipients of the reim- bursements from the Commonwealth for tourist promotion business. Under this new piece of legislation, what is happening is you are putting in the hands of the commissioners the right to take this authority away from what the people had originally installed, to create the agencies, who are the receiving entities, to receive tourism dollars on a matching basis. These organizations have been structured and have func- tioned for a great many years.

Mr. RYAN. Mr. Speaker? The SPEAKER. Will the gentleman suspend? For what purpose does the minority leader rise? Mr. RYAN. Mr. Speaker, the gentleman is not speaking on

the amendment. He is speaking on the bill, perhaps, but he is net spaking on bkequestion of unani~eus voting.

Mr. HALUSKA. I am speaking on unanimous voting from the standpoint that you are usurping the powers of the people, and the people in certain areas have aligned for tourist promotion purposes with certain areas.

Now, under this proposal, two commissioners can realign and assign their original efforts to a remote section of the State not in conjunction with the desires of the people of that particular community, especially the tourist promotion agencies.

This problem has been going on for several years. The assignment has been tried to be made for some time, and we have opposed it. The tourist promotion bureau in our county has opposed it. Under this new piece of legislation, it can go with the wind and not comply with the wishes of the tourist promotion agencies, who represent the people who elected them originally.

I ask for an affirmative vote on this amendment.

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


YEAS-24

Battisto Corrigan Haluska Mrkonic Bowley DeWeese Harper Ritter Caltagirone Daley Kasunic Stish Cappabianca Dombrowski Lloyd Taylor, F. Carn Fee Maiale Veon Cohen George Melio Wozniak

NAYS-175

Acosta Adolph Men Angstadt Argall Barley Belardi Belfanti Billow Birmelin Bishop Black Blaum Bortner b y e s Brandt

Evans Fairchiid Fargo Farmer Fleagle Flick Foster Fox Freeman Freind Gallen Gamble Gannon Geist Gi io t t i Gladeck

Lee Leh Lescovitz Letterman Levdansky Linton Lucyk McCall McHale McNally McVerry Maine Markosek Marsico Mayernik Merry

Robbins Robinson Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Scrimenti Semmel Serafini Smith, B. Smith, S. H. Snyder, D. W.

LEGISLATIVE JOURNAL-HOUSE

Broujos Bunt Burd Bums Bush Carlson Cawley Cessar Chadwick Civera Clark, B. D. Clark, D. F. Clark, J. H. CIymer Colafella Colaizzo Cole Cornell CoweIl COY DeLuca Davies Dempsey Dietterick Dininni Distler Donatucci Dorr Durham

Godshall Gmitza GNPPO Hagarty Hasay Hayden Hayes Heckler Herman Hershey Hess Hughes Itkin Jackson Jadlowiec James Jarolin Johnson Josephs Kaiser Kenney Kondrich Kosinski Kukovich LaGrotta Lanl3try Lashinger Laughlin

NOT

Michlovic Micozzie Miller Moehlmann Moms Mowery Murphy Nahill Nailor Noye O'Brien O'Donnell Olasz Oliver Perzel Petrarca Petrone Phillips Piccola Pistella Pitts Pressmann Preston Raymond Reber Reinard Richardson Rieger

VOTING-1

Snyder, G. Staback Stairs Steighner Strittmatter Stuban Tangretti Taylor, E. Z. Taylor, J. Telek Thomas Tigue Trello Trich Van Home Vroon Wambach Wass Weston Wilson wogan Wright, D. R. Wright, J. L. Wright, R. C. Yandrisevits

Manderino, Speaker

Williams

EXCUSED-2

Howlett Pievsky

The question was determined in the negative, and the amendments were not agreed to.

On the question recurring, Will the House agree to the bill 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 bill pass finally?

The gentleman from Cambria, Mr. Haluska, seeks recognition on final passage. He is in order and may proceed.

Mr. HALUSKA. Mr. Speaker, I think that everybody in this House should be aware of what this bill is initiating.

Under current law, each county gets a reimbursement from the State on a per capita basis for promoting tourism in their respective counties. Under this particular legislation, it permits regional organizations to take over all the indepen- dent county travel organizations. This is only the beginning. What is happening now is it is going to be centered in the met- ropolitan areas. This is the f i s t step of regional organizations.

Now, they will get all this money, and they can assign this money just as they please. That means that the counties currently who are functioning with tourist promotion agencies will be wiped out completely. I think this is a very important step, and I think you should be very cautious about voting on this bill unless you contacted your tourist promotion agency to get an idea of what is happening with this legislation.

I ask for a negative vote. Thank you. The SPEAKER. The question is, shall the bill pass finally?

On that question, the gentleman from Monroe County, Rep- resentative Battisto, is recognized.

Mr. BATTISTO. Thank you, Mr. Speaker. Mr. Speaker, the last thing I want to happen is for the tail

to wag the dog. The important thing here is two things: Number one, this bill amends the area that defines "eligible costs." It clearly stipulates what is already in law. For example, many TPA's had information centers. Before, the law was a little vague as to whether information centers could receive matching-fund dollars because they are buildings. They have insurance, utilities, they have rents. But information centers are strictly used for marketing. Therefore, the bill spells out clearly that information centers are reimbursed for their activities because they do nothing but market. It also spells out clearly in the bill that toll-free numbers are also reimbursed.

It also does another thing, as we said. It amends the part that deals with the formation of regional TPA's. It streamlines the operation and it encourages regionalism, because that is the way you can better market your area and the State in general.

So I ask for an affirmative vote. It does two positive things, and I think it is a very good bill. Thank you very much.

On the question recurring, Shall the bill pass finally? The SPEAKER. Agreeable to the provisions of the Consti-

tution, the yeas and nays will now be taken.

Acosta Adolph Allen Angstadt Argall Barley Battisto Belardi Belfanti Billow Birmelin Bishop Black Blaum Bortner Bowley Boyes Brandt Broujos Bunt Burd Burns Bush Caltagirone Cappabianca Carlson Cam Cawley Cessar Chadwick Civera Clark, B. D. Clark, D. F. Clark, J. H. Clymer

Distler Dombrowski Donatucci Dorr Durham Evans Fairchild Far go Farmer Fee Fleagle Flick Foster Fox Freeman Freind Gallen Gamble Cannon Geist George Gigliotti Gladeck Godshall Gruitza GNPW Hagarty Harper Hasay Hayden w a Hecklei Herman Hershey Hess

Langtry Lashinger Laughlin Lee Leh Lescovitz Letterman Levdansky Linton Lloyd Lucyk McCall McHale McNally McVerry Maiale Maine Markosek Marsico Mayernik Melio Merry Michlovic Micozzie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Nailor Noye O'Brien O'Donnell

Ritter Robbins Robinson Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Scrimenti Semmel Serafini Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stish Strittmatter Stuban Tangretti Taylor, E. 2. Taylor, F. Taylor, J. Telek Thomas Tigue TreIlo Trich Van Home Veon


Cohen Colafella Colaivlo Cole Cornell Corrigan Cowell COY DeLuca DeWeese Daley Davies Dempsey Dietterick Diniini

Hughes Itkii Jackson Jadlowiec James Jarolin Johnson Josephs Kaiser Kasunic Kenney Kondrich Kosinski Kukovich LaGrotta

Olasz Oliver Perzel Petrarca Petrone Phillips Piccola Pistella Pitts Pressmann Preston Raymond Reinard Richardson Rieger

Vroon Wambach Wass Weston Williams Wilson Wogan Wozniak Wright, D. R. Wright, J. L. Wright, R. C. Yandrisevits

Manderino, Speaker

Haluska NOT VOTING-1

Howlett Pievsky

The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally.

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

WELCOME

The SPEAKER. The Speaker is happy to welcome to the hall of the House today the fifth grade classes from Brecht Elementary School, Manheim Township School District, in Lancaster County. They are seated behind the rail of the House. Their parents and teachers, Mrs. Hain and Mr. Brink- man, -are-present- with them,-as wcl! s a veiy 8istiagished guest, Kristen Strittmatter, daughter of Jere Strittniatter, member of the House. They are here as his guests. Will they please stand.

BILLS ON THIRD CONSIDERATION CONTINUED

The House proceeded to third consideration of SB 109, P N 948, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statutes, requiring certain insurers to provide for extra- ordinary medical benefits; providing for limits, for transition of catastrophic loss benefits and for funding of benefits; and making repeals.

On the question, Will the House agree to the bill on third consideration? Mr. LLOYD offered the following amendments No.

A111S:

Amend Sec. 7 (Sec. 1798.1), page 7, line 20, by inserting after "no" -

first time Amend Sec. 7 (Sec. 1798.2), page 8, line 22, striking out "w' and inserting

June -

Amend Sec. 7 (Sec. 1798.2). page 9, line 22, by striking out "May" and inserting

June - Amend Sec. 8, page 11, line 3, by striking out "4" Amend Sec. 9, page 11, line 7, by striking out all of said line

and inserting (1) Sections 4 (sections 171 1 and 1715) and 6

shall take effect June 1, 1989.


The SPEAKER. On that question, the gentleman from Somerset County, the amendment's author, Mr. Lloyd, is recognized.

Mr. LLOYD. Thank you, Mr. Speaker. Mr. Speaker, during discussions in the last week, the Senate

indicated an interest in making a technical change in SB 109 in the language which had originally been sent over, and also an interest in extending the period of time in which insurance companies could notify their customers and give them an opportunity to buy CAT Fund (Catastrophic Loss Trust Fund) replacement coverage. The result of those discussions was an amendment, A1115, which has been worked out with the Senate majority leader's office.

The amendment does two things: First, it clarifies that the anti-deemer language in the bill is intended to apply to the CAT Fund replacement coverage only the first time that the filing is made; second, and more importantly, the amendment would continue the CAT Fund until June 1 and thereby post- pone until June 1 the day on which insurance companies are legally obligated to provide the replacement coverage. The fiscal note from the Appropriations Committee indicates that a 1-month extension will add $15 million to the unfunded liability but will haye r? very mlnlmaLgffecbm the cash-flow situ- ation of less than about, I guess, $350,000 in the current fiscal year and a difference of $2 to $3 million in the next fiscal year.

Mr. Speaker, with that understanding, 1 would ask for an affirmative vote on the amendment.

The SPEAKER. The question is, will the House agree to the amendment? On that question, the gentleman from Delaware County, Representative Freind, is recognized.

Mr. FREIND. Thank you, Mr. Speaker. I also rise to support this amendment. Mr. Lloyd has indi-

cated that this is agreed to by the Senate and will not hold up the passage of this bill and clarifies several technical problems. Thank you, Mr. Speaker.

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


Acosta Adolph M e n Angstadt

Barley Battisto Belardi Bclfanti Biiow

Dombrowski Donatucci Dorr Durham Evans Fairchild Fargo Farmer Fee Fleagle

Lashinger Laughlin Lee Leh Lescovitz Letterman Levdansky Linton Lloyd Lucyk

Ritter Robbins Robinson Roebuck Rudy Ryan Rybak Salwm Saurman Scheetz

LEGISLATIVE J(

Birmelin Bishop Black Blaum Bortner Bowley Boyes Brandt Broujos Bunt Burd Bums Bush Caltagirone Cappabianca Carlson Cam Cawley Cessar Chadwick Civera Clark, B. D. Clark, D. F. Clark, J. H. Clymer Cohen Colafella Colaizzo Cole Cornell Corrigan Cowell COY DeLuca Deweese Daley Davies Dempsey Dietterick Dininni Distler

Flick Foster Fox Freeman Freind Gallen Gamble Gannon Geist George Gigliotti Gladeck Godshall Gmitza G ~ P P O Hagarty Haluska Harper Hasay Hayden Hayes Heckler Herman Hershey Hess Hughes Itkin Jackson Jadlowiec James Jarolin Johnson Josephs Kaiser Kasunic Kenney Kondrich Kosinski Kukovich LaGrotta Langtry

McCall McHale McNally McVerry Maiale Maine Markosek Marsico Mayernik Melio Merry Michlovic Micozzie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Nailor Noye O'Brien O'Donnell Olasz Oliver Perzel Petrarca Petrone Phillips Piccola Pistella Pitts Pressmann Preston Raymond Reber Reinard Richardson Rieger

NAYS-0

Schuler Scrimenti Semmel Serafini Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stish Strittmatter Stuban Tangretti Taylor, E. Z. Taylor, F. Taylor, J. Telek Thomas Tigue Trello Trich Van Home Veon Vroon Wambach Wass Weston Williams Wilson Wogan Womiak Wright, D. R. Wright, J. L. Wright, R. C. Yandrisevits

Manderino, Speaker

NOT VOTING-0

Howlett Pievsky

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

On the question, Will the House agree to the bill on third consideration as

amended? Bill as amended was agreed to.


The question is, shall the bill pass finany?

The gentleman from Cumberland, Representative Mowery, indicates he wants recognition on final passage and is in order.

Mr. MOWERY. Thank you, Mr. Speaker. I would just like to give a point of clarification as far as a

portion of this bill for the record, if I may, Mr. Speaker. There is a provision in the bill to allow group health insur-

ance carriers in Pennsylvania to participate and provide for catastrophic coverage. The point I would like to make is that it is a "may" provision. It does not mandate as it does for the

car insurers to provide this coverage. I would just like that for the record. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman. The Representative from Indiana County, Representative

Wass, is recognized on final passage. Mr. WASS. Thank you, Mr. Speaker. Mr. Speaker, may I interrogate Representative Lloyd,

please? The SPEAKER. The gentleman indicates he will stand for

interrogation. You may proceed. Mr. WASS. Mr. Speaker, if you would, could you

elaborate on the changeover? Could you help me understand the changeover from the present system to the new system, please?

Mr. LLOYD. Under this legislation as we have amended it this morning, the CAT Fund will continue for everybody until June 1. That means anybody injured in a traffic accident in Pennsylvania until June 1 who had been eligible previously would continue to be eligible. Beginning June 1, the CAT Fund will be abolished on a rolling termination. What that means is that people will have to go to their private insurance companies and begin to buy that coverage if they want it and only if they want it. However, under this bill, those automo- biles for which part of the $8 registration year remains on June 1-and those are people whose registrations will expire at the end of July, August, September, October, November, December, and next January-those people will get the coverage that they paid for from the CAT Fund, so that if a driver of one of those cars who is the registered owner has an accident in September and his $8 year is still running, he will be covered by the CAT Fund. However, in my own case, for example, my CAT Fund coverage runs out at the end of April. If I want coverage after June 1, I am going to have to buy it' from my own insurance company, and if I do not do that and I have an accident, then 1 fall back on whatever health insurance coverage I have, and if that is not adequate, then I fall back on whatever other resources I can find, but I would not have it through the CAT Fund and I would not have it through my car insurance.

Mr. WASS. Again for clarity, if I have a constituent whose registration expires in April-that is this month-and he did

, not pay his CAT Fund last year, is he insured until June l? Mr. LLOYD. No. If he did not pay his CAT Fund last year,

1 he was already ineligible for the CAT Fund, and this just ' extends eligibility for those people who were in good standing. Mr. WASS. Mr. Speaker, if I may, it is my understanding

1 that the CAT Fund billing ceased on December of last year, December 1988. That was the last CAT Fund billing.

Mr. LLOYD. It ceased with the people whose registrations expired at the end of January; that is correct.

Mr. WASS. And then those in-this is confusing-then those in February, March, and April must make arrangements for this type of insurance immediately?

Mr. LLOYD. That is correct, and that is the reason for the amendment that we put in, to give them a month for their insurance companies to tell them about it and for them to make up their mind.

LEGISLATIVE J( APRIL 25,

Mr. WASS. What happens in the interim? Mr. LLOYD. Those people whose registrations ran out in

February and March have been getting CAT Fund coverage for free for the last 2 months. They will continue to get that for free for 1 more month.

Mr. WASS. All right. Does this new legislation change any procedure about who is covered under the fund? If I buy insurance policy, are the same mandates there who will be covered, or is that up to the insurance company?

Mr. LLOYD. That will vary from insurance company to insurance company. There are certain people who are covered under the CAT Fund who will not be covered necessarily through your private insurance. Those are not likely to be people who are riding with you. It is more likely to be some pedestrian that you hit who under the law now is covered under the CAT Fund but who under this legislation, unless your insurance company includes that as part of the policy, would not be covered.

Mr. WASS. Thank you very much, Mr. Speaker.

On the question recurring, Shall the bill pass finally? The SPEAKER. Agreeable to the provisions of the Consti-


Acosta Adolph M e n Angstadt h g a U Barley Battisto Belardi Belfanti Bdow Birmelin Bishop Black Blaum Bortner Bowley BOY= Brandt Broujos Bunt Burd Bums Bush Caltagirone Cappabianca Carlson Carn Cawley Cessar Chadwick Civera Clark, B. D. Clark, D. F. Clark, J. H. Clymer Cohen Colafella Colaizzo Cole Cornell Comgan Cowell COY

Dombrowski Donatucci Don Durham Evans Fairchiid Fargo Farmer Fee %leagle Elick Foster Fox Freeman Freind Gallen Gamble Gannon Geist George Gigliotti Gladeck Godshall Gruitza G ~ P P ~ Hagarty Haluska Harper Hasay Hayden Hayes Heckler Herman Hershey Hess Hughes It kin Jackson Jadlowiec James Jarolin Johnson bsephs

Lashinger Laughlin Lee Leh Lescovitz Letterinan Levdansky Linton Lloyd Lucyk McCall McHale McNally McVerry Maiale Maine Markosek Marsico Mayernik Melio M e w Michlovic Micozzie Mier Moehlmann Moms Mowery Mrkonic Murphy Nahill Nailor No ye O'Bnen O'Donnell Olasz Oliver Perzel Petrarca Pdrone Phillips Piccola Pistella Pitts

Ritter Robbins Robinson Roebuck Rudy Ryan Rybak Saloom Saurman Scheaz Schuler Scrimenti Semmel Serafini Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stish Stnttmatter Stuban Tangretti Taylor, E. Z. Taylor, F. Taylor, J. Telek Thomas Tigue Trello Trich Van Home Veon Vroon Warnbach Wass Weston W i a m s Wilson wogan Wozniak

DeLuca DeWeese Daley Davies Dempsey Dietterick Dininni Distler

Kaiser Pressmann Wright, D. R. Kasunic Preston Wright, J. L. Kenney Raymond Wright, R. C. Kondrich Reber Yandrisevits Kosinski Reinard Kukovich Richardson Manderino, LaGrotta Rieger Speaker Langtry

NOT VOTING-0

Howlett Pievsky


Ordered, That the clerk return the same to the Senate with the information that the House has passed the same with

1 amendment in which the concurrence of the Senate is I requested.

The House proceeded to third consideration of HB 160, PN 173, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statutes, further providing for the impoundment of a vehicle for the owner's failure to pay the fine and costs on a con- viction of driving while operating privilege is suspended or revoked.

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

The SPEAKER. This bill has been considered on three dif- ~- - - - - - -~

ferent days and 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 nays will now be taken.

YEAS- 199

Acosta Adolph Allen Angstadt Argall Barley Battisto Belardi Belfanti Billow Binnelin Bishop Black Blaum Bortner Bowley Boyes Brandt Broujos Bunt Burd Burns Bush Caltagirone Cappabianca Carlson

Dombrowski Donatucci Dorr Durham Evans Fairchild Far go Fanner Fee Fleagle Flick Foster Fox Freeman Freind Gallen Gamble Gannon Geist George Gigliotti Gladeck Godshall Gruitza G N P P ~ Hagarty

Lanary Lashinger Laughlin Lee Leh Lescovitz Letterman Levdansky Linton Lloyd Lucyk McCall McHale McNally McVerry Maiale Maine Markosek Marsico Mayernik Melio Merry Michlovic Micozzie Miller Moehlmann

Rieger Ritter Robbins Robinson Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Scrimenti Semmel Serafini Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stish Strittmatter Stuban Tangrdti


Cam Cawley Cessar Chadwick Civera Clark, B. D. Clark, D. F. Clark, J. H. Clymer Cohen Colafella Colaizzo Cole Comell Comgan CoweU COY DeLuca

Haluska Harper Hasay Hayden Hayes Heckler Herman Hershey Hess Hughes Itkin Jackson Jadlowiec James Jarolin Johnson Josephs Kaiser

Morris Mowery Mrkonic Murphy Nahill Nailor Noye O'Brien O'Donnell Olasz Oliver Perzel Petrarca Petrone Phillips Piccola Pistella Pitts

Taylor, E. Z. Taylor, F. Taylor. J. Telek Thomas Tigue Trello Trich Van Home Veon Vroon Wambach Wass Weston Wilson Wogan Wozniak Wright, D. R.

DeWeese Kasunic Pressmann right, J. L. Daley Kenney Preston Wright, R. C. Davies Kondrich Raymond Yandrisevits Dempse~ Kosinski Reber Dietterick Kukovich Reinard Manderino, Dininni LaGrotta Richardson Speaker Ditler

NAYS-0

NOT VOTING-1

W i s EXCUSED-2

Howlett Pievsky



VOTE CORRECTIONS

The SPEAKER. Does the gentleman from Montgomery County, Mr. Reber, seek recognition?

Mr. REBER. Yes, Mr. Speaker. The SPEAKER. For what purpose does the gentleman rise? Mr. REBER. A vote correction, Mr. Speaker. I have just

been advised that my switch did not operate on HB 506, final passage. I would like to be recorded in the affirmative. Thank you.

The SPEAKER. The gentleman's remarks will be spread upon the record.

Representative Williams from Philadelphia seeks recognition.

Mr. WILLIAMS. Mr. Speaker, I, too, apparently had a problem with my button. I would like to have it put on the record that I wanted to vote in the affirmative on HB 160.

The SPEAKER. The gentleman's remarks will be spread upon the record.

Mr. WILLIAMS. Mr. Speaker, my delegation would also like it to be known that it is clearly a bipartisan problem.

The SPEAKER. The gentleman's further remark is taken and placed upon the record.

WELCOMES

The SPEAKER. The Chair is happy to welcome to the hall of the House the seventh grade class from St. Louise DeMarillac. St. Louise has students from the communities of Upper St. Clair and Bethel Park in the Pittsburgh area. They are here with their principal, Sister Carol. Jessica Kaiser, a student, is the niece of State Representative Ralph Kaiser. Michelle Fisher, another student, is the daughter of the former House member and now State Senator, Mike Fisher. They are the guests of State Representatives Alice Langtry and Ralph Kaiser, and they are in the balcony. Will they please rise.

In the balcony also, as guests of Representative Letterman, . - are Mr. and ~ r i . Charles Bishop. Their son, Allen Bishop, is a summer intern for Mr. Letterman, who stands by Mr. Let- terman's seat there in the aisle. They are the guests of Repre- sentative Letterman. Will they rise and get the acknowledg- ment of the House.

The Speaker welcomes guest pages, Maria Dmyterko and Christopher Kushner of St. Josaphat's, Lisa Lopez and Richard Bowman I11 of Lawton, and Kristy Stevens and William Massey of St. Bartholomew's. They are guest pages and guests of Representative Fran Weston. Will they please stand.

As guests of Representative Kenneth Brandt, from Elizabethtown High School, guest pages Rebecca Miner and Brian Frantum are here. Will they please stand.

ANNOUNCEMENT BY MR. BROUJOS

The SPEAKER. Representative Broujos, without objection, has asked for an opportunity to make an announcement. The Chair recognizes the gentleman from Cumberland, Rep- resentative Broujos.

Mr. BROUJOS. Mr. Speaker, there is a bill authorizing use of the National Guard for antidrug operations with the clerk for any additional sponsors that may wish to be added to the bill. It will be there until midafternoon.

RECESS

The SPEAKER. Is there any further business to come before the House from the majority or minority party before the lunch break? If not, the Speaker declares that this House be now in recess until 1:30 p.m.

AFTER RECESS

The time of recess having expired, the House was called to order.

BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 213, P N 239 By Rep. COWELL


An Act amending Title 24 (Education) of the Pennsylvania Consolidated Statutes, providing for eligibility, notification and payment for medical insurance.

EDUCATION.

CALENDAR CONTINUED BILL ON CONCURRENCE

IN SENATE AMENDMENTS

The clerk of the Senate, being introduced, returned the following HB 49, PN 1383, with information that the Senate has passed the same with amendment in which the concurrence of the House of Representatives is requested:

An Act amending the act of April 12, 1951 (P. L. 90, No. 21), known as the "Liquor Code," further providing for stadium or arena permits.

On the question, Will the House concur in Senate amendments?

The SPEAKER. The gentleman from Lycoming, Mr. Dempsey, is recognized.

Mr. DEMPSEY. Thank you, Mr. Speaker. The Senate amendments adjust the family seating to third-

class cities. I would ask for a concurrence on the Senate amendments. The SPEAKER. The gentleman, Mr. Dempsey, requests a

concurrence in the Senate amendments, and it is moved by the gentleman that the House concur in the amendments inserted by the Senate.

On the question recurring, Will the House concur in Senate amendments? The SPEP-!XI?. AgFeabletotke prwishs a f the Consti-


YEAS-183

Awsta Allen Angstadt Arlrd Battisto Belardi Belfanti Billow Bishop Black Blaum Bortner Bowley b y e s Brandt Broujos Bunt Bwd Burns Bush Caltagirone Cappabianca Carlson Cawley Ccssar Chadwick Civera Clark, B. D. Clark, D. F. Clark, J. H.

Donatucci Dorr Evans Fairchild Fargo Farmer Fee Fleagle Flick Foster Fox Freeman Freind Gallen Gamble Geist George Gigliotti Gladeck Godshall Gruitza GNPW Hagarty Haluska Harper Hayden Hayes Heckler Herman Heu

Laughlin Lee Leh Lescovitz Letterman Levdansky Linton Lloyd Lucyk McCaU McHale McNaUy McVerry Maiale Maine Markosek Marsico Mayernik Melio Merry Michlovic Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Nailor No ye

Ritter Robbins Robinson Roebuck Rudy Ryan Rybak Saloom Scrimenti Semmel Serafh Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stish Strittmatter Stuban Tangretti Taylor, E. Z. Taylor, F. Taylor, J. Telek Thomas Tigue Trello Trich

- -- --

Cohen Colafella Colaivo Cole Cornell Corrigan Cowell COY DeLuca DeWeese Daley Davies Dempsey Dietterick Dininni Distler Dombrowski

Hughes It kin Jackson Jadlowiec James Jarolin Johnson Kaiser Kasunic Kenney Kondrich Kosinski Kukovich LaGrotta Lanl3try Lashinger

O'Brien O'Donnell Olasz Oliver Perzel Petrarca Petrone Picwla Pistella Pressmann Preston Raymond Reber Reinard Richardson Rieger

Van Home Veon Vroon Wambach Weston Williams Wilson Wogan Wozniak Wright, D. R. Wright, J. L. Wright, R. C. Yandrisevits

Manderino, Speaker

Barley Hasay Pitts Schuler Birmelin Hershey Saurman Wass Clymer Phillips Scheetz

NOT VOTING-6

Adolph Durham Josephs Micozzie Carn Gannon

EXCUSED-2

Howlett Pievsky

The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the amendments were concurred in.

Ordered, That the clerk inform the Senate accordingly.

CONCURRENT RESOLUTIONS

Mr. GANNON called up HR 81, PN 1382, entitled:

!%slg~atkg tk - s R ~ R ~ B of May 1983 api ~ ''Oi~im Americans' Month" in Pennsylvania.

On the question, Will the House adopt the resolution?


Acosta Allen Angstadt Argall Barley Battisto Belardi Belfanti Billow Birmelin Bishop Black Blaum Bortner Bowley BOYS Brandt Broujos Bunt Burd Bums Bush Caltagirone Cappabianca Carlson

Donatucci Dorr Durham Evans Fairchild Fargo Farmer Fee Fleagle Flick Foster Fox Freeman Freind Gallen Gamble Gannon Geist George Gigliotti Gladeck Gruitza GNPW Hagarty Haluska

Laughlin Lee Leh Lescovitz Letterman Levdansky Linton Lloyd Lucyk McCall McHale McNally McVerry Maiale Maine Markosek Marsiw Mayernik Melio Merry Michlovic Miller Moehlmann Morris Mowery

Robinson Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Scrimenti Semmel Serafini Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stish Strittmatter Stuban Tangretti Taylor, E. Z. Taylor, F.


Cawley Cessar Chadwick Clark, B. D. Clark, D. F. Clark, J. H. Clymer Cohen Colafella Colaizzo Cole Comell Corrigan Cowell COY DeLuca Deweese Daley Davies Dempsey Dietterick D i n i Distler Dombrowski

Harper Hasay Hayden Hayes Heckler Herman Hershey Hess Hughes Itkin Jackson Jadlowiec James Jarolin Johnson Kaiser Kasunic Kenney Kondrich Kosinski Kukovich LaGrotta Langtry Lashinger

Mrkonic Taylor, J. Murphy Telek Nahill Thomas Nailor Tigue Noye Trello O'Brien Trich O'Donnell Van Home Olasz Veon Oliver Perzel Petrarca Petrone Phillips Piccola Pistella Pitts Pressmann Preston Reber Reinard Richardson Rieger Ritter Robbins

NAYS-0

Vroon Wambach Wass Weston Williams Wilson Wogan Wozniak Wright, D. R. Wright, J. L. Wright, R. C. Yandrisevits

Manderino, Speaker

NOT VOTING-7

Adolph Civera Josephs Raymond Cam Godshall Micozzie

EXCUSED-2

Howlett Pievsky

The question was determined in the affirmative, and the resolution was adopted.


Mr. BORTNER called up HR 91, P N 1498, entitled:

Recognizing the 10th anniversary of the first meeting of the Pennsylvania Commission on Sentencing.

On the question, Will the House adopt the resolution?

The SPEAKER. The gentleman from York, Mr. Bortner, seeks recognition and is recognized on the question of the adoption of the resolution.

Mr. BORTNER. Thank you very much, Mr. Speaker. This Friday the Pennsylvania Sentencing Commission will

meet in Philadelphia. At that meeting there will be a special lunch, and we will recognize the 10 years that the Pennsyl- vania Sentencing c om mission has been in existence, and we will also recognize some of the past and-former members.

The resolution before us merely recognizes this 10th anniversary of the Sentencing Commission and expresses the grat- itude of the House of Representatives and the Senate to those members that have sewed on it. I would respectfully ask other members of the House to support the resolution.

I might also add, Representative Paul McHale, who for- merly sewed on this commission, asked that he be added as a cosponsor. Any other members who would like to be added as cosponsors are certainly welcome. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman.

On the question recurring, Will the House adopt the resolution?


YEAS- 199

Acosta Adolph Allen Angstadt Arsall Barley Belardi Belfanti Billow Biielin Bishop Black Blaum Bortner Bowley b y e s Brandt Broujos Bunt Burd Bums Bush Caltagirone Cappabianca Carlson Cam Cawley Cessar Chadwick Civera Clark, B. D. Clark, D. F. Clark, J. H. Clymer Cohen Colafella Colaizzo Cole Comell Corrigan Cowell COY DeLuca DeWeese Daley Davies Dempsey Dietterick Dininni Distler Dombrowski

Donatucci Dorr Durham Evans Fairchild Fargo Farmer Fee Fleagle Hick Foster Fox Freeman Freind Gallen Gamble Gannon Geist George Gigliotti Gladeck Godshall Gruitza G ~ ~ P P O Hagarty Haluska Harper Hasay Hayden Hayes Heckler Herman Hershey Hess Hughes Itkin Jackson Jadlowiec James Jarolin Johnson Josephs Kaiser Kasunic Kenney Kondrich Kosinski Kukovich LaGrotta Langtry

Lashinger Laughlin Lee Leh Lescovitz Letterman Levdansky Linton Lloyd Lucyk McCall McHale McNally McVerry Maiale Maine Markosek Marsiw Mayemik Melio Merry Michlovic Miwzzie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Nailor No ye O'Brien O'Donnell Olasz Oliver Perzel Petrarca Petrone Phillips Piccola Pistella Pitts Pressmann Preston Raymond Reber Reinard Richardson Rieger

Ritter Robbins Robinson Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Scrimenti Semmel Serafini Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stish Strittmatter Stuban Tangretti Taylor, E. 2. Taylor, F. Taylor, J. Telek Thomas Tigue Trello Trich Van Home Veon Vroon Wambach wass Weston Williams Wilson wo&?an Wozniak Wright, D. R. Wright, J. L. Wright, R. C. Y andrisevits

Manderino, Speaker

NAY S-0

NOT VOTING-1

Battisto

EXCUSED-2

Howlett Pievsky

The question was determined in the affirmative, and the resolution was adopted.

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


BILL SIGNED BY SPEAKER

The Chair gave notice that he was about to sign the following bill, which was then signed:

An Act amending the act of April 12, 1951 (P. L. 90. No. 21), known as the "Liquor Code," further providing for stadium or arena permits.

BILLS ON THIRD CONSIDERATION CONTINUED

The House proceeded to third consideration of HB 162, P N 1496, entitled:

An Act amending the act of August 5, 1941 (P. L. 752, No. 286), known as the "Civil Service Act," reestablishing the State Civil Service Commission; further providing for the civil service system; further providing for political activity; making editorial changes; and making a repeal.

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

marnended?L -~ - ~ - ~ ~ ~ - - ~ ~ ~ ~ ~ ~~~ -~~~ ~ ~ ~ ~ - - ~ ~~~~-~ ~~-~ - - ~ - - ~ ~ ~ ~~~

Mr. VEON offered the following amendments No. A1 13 1:

Amend Sec. 19 (Sec. 905.2), page 18, line 30; page 19, line 1, by striking out "INCLUDE BUT ARE NOT" in line 30, page 18, all of line 1. Dane 19 and inserting

. m - include only the following:

Amend Sec. 19 ISec. 905.2). Daae 19. lines 20 through 23. by , . - - . - -

striking out all of lhes 20 through 22 and "@" in line 23 and inserting

Amend Sec. 19 (Sec. 905.2). page 19, lines 26 and 28, by striking out all of line 26 and 27 and "w' in line 28 and inserting

Amend Sec. 19 (Sec. 905.2), page 20, line 2, by striking out "w' and inserting i9)

Amend G. 19 (Sec. 905.2), page 20, line 4, by striking out "1121)' and inserting

0 Amend Sec. 1 (Sec. 905.2), page 20, lines 8 through 13, by

striking out all of lines 8 through 12 and ''W' in line 13 and inserting

0 Amend Sec. 19 (Sec. 905.2), page 20, line 17, by striking out

"(16)" - and inwing (12)

Amend Sec. 19 (Sec. 905.2), page 20, line 19, by striking out ", POLITICAL NND"


The SPEAKER. On that question, the Representative from Beaver County, Mr. Veon, is recognized.

Mr. VEON. Thank you, Mr. Speaker. Mr. Speaker, we started to debate this issue yesterday. I

think we made the points clear. I just want to remind those members on the other side of the aisle who may be interested in voting for this measure that a bill passed the U.S. Congress last week with a veto-proof margin, including 70 Republican

votes. I have here in my hand a letter signed by eight Republi- can members of Congress entitled "Republicans Support Political Progress and the Rights of Federal and Postal Workers." It is signed by three Republican members of the House from Pennsylvania - Representatives Clinger, Ridge, and Weldon.

Mr. Speaker, my amendment does not even go as far as the Federal Government has done. As we mentioned yesterday, the Hatch Act was developed in 1939 to correct what were serious abuses in the system at that time. I think we have been able to root out those abuses. I think it is time for us to place our trust in the civil service employees and not to in effect dis- enfranchise 68,000 Pennsylvanians who are classified under State civil service.

I would ask for an affirmative vote on this amendment. Thank you, Mr. Speaker.

The SPEAKER. The question is, will the House agree to the amendment? On that question, the minority leader from Delaware County, Matthew Ryan, is recognized.

Mtr. RYAN. Mr. Speaker, the amendment the gentleman, Mr. Veon, offers is new to us today. It differs from the one tha wehad, orat !!em-!had, yesterday.

I do not know what the United States House of Representa- tives has done. I understand the Senate has not done a thing. They have not seen this bill, the congressional bill, but I know what this will do. This will turn this Commonwealth, will turn this Capitol, will turn these Capitol Buildings, will take the highway sheds throughout this Commonwealth, and turn it into a political back room. This bill today as it is written, if amended, would permit throughout the hallways of this Com- monwealth and Commonwealth buildings the soliciting, the collecting, and the receiving of contributions for political parties and political funds. I am corrected by my counsel-by political action committees, I suppose it is.

Perhaps at this time, Mr. Speaker, the gentleman, Mr. Veon, would permit me to interrogate him.

The SPEAKER. The gentleman indicates he will stand for interrogation, and you may proceed.

Mr. RYAN. Mr. Speaker, I apologize for some of my remarks that were hesitant, because I just now shortly 10, 15 minutes ago got a copy of your amendments, which differ from what we had yesterday.

P*:j: iiiideisiaiidiag of your amendment is that poiiticai action committees could circulate through the halls of Harrisburg in the Capitol Buildings soliciting money for political funds. Is that accurate or inaccurate?

Mr. VEON. Mr. Speaker, that would be accurate in the sense that it is not different from a political action committee outside of a government political action committee that could do that today, number one. Number two, to try to clarify what is attempted to be permitted in this bill is that, for example, the AFSCME (American Federation of State, County, and Municipal Employees) union has a voluntary checkoff, where a member can voluntarily decide on their own whether they want to contribute to a nonpartisan political fund that could be characterized as a political action com-


mittee that AFSCME has but that these members can voluntarily check off from their paycheck a certain amount of money in a system that is set up. That is currently allowed under law, and that will still currently be allowed under this amendment.

Mr. RYAN. Could a nongovernmental employee of a union go to a highway shed soliciting money for that union's political PAC (political action committee), an AFSCME union?

Mr. VEON. Mr. Speaker, my understanding of that answer would be twofold: Number one, PennDOT highway employees, of course, are not under the civil service system, so that would not be relevant to the PennDOT employees; but number two, if we are referring to a State Civil Service Com- mission employee, the answer would be that it is currently permitted in law and would be still permitted under this amendment.

Mr. RYAN. Where, under today's law, is someone permitted to solicit funds in the State buildings from our State employees?

Mr. VEON. My understanding, Mr. Speaker, is that a State Civil Service Commission employee on his or her own time - in the lunchroom at the workplace, for example - can now solicit a voluntary checkoff from a coworker or coemployee in that lunchroom or on State-worker property. Does that answer the question, Mr. Speaker? That is currently permitted, because AFSCME is currently doing that as are some other unions currently doing that with civil service employees.

Mr. RYAN. Mr. Speaker, I am looking-and I am going to read part of this to you-I am looking at the Civil Service Act, section 741.905. "Prohibition of assessments" is the title of it. "No person shall orally or by written or printed communi- cation, directly or indirectly, demand, solicit, collect or receive or be in any manner concerned in demanding, soliciting, collecting or receiving any money or valuable thing or any assessment, subscription or contribution, whether voluntary or involuntary, from any officer or employe in the classified service for any political purpose whatever."

Mr. VEON. For any political purpose, Mr. Speaker. My understanding of the current law-again, I am just

going by current law-AFSCME is currently using a voluntary checkoff. Those are being solicited on his or her own time by the employee in the lunchroom on the location in their workplace.

My amendment, Mr. Speaker, as you will note, keeps all of the other prohibitions that are in Mr. Linton's amendment that are currently in this bill - for example, on page 19, number (4). prohibitions including "Organizing, selling tickets to, promoting, or actively participating in a fund- raising activity of a candidate-''

Mr. RYAN. Mr. Speaker, I cannot hear the gentleman. The SPEAKER. Will members of the House please be in

order. Will conversations cease. Will those members who are standing in the aisle or standing before other members' desks, please leave those areas and take your seats. The members who are debating a bill, members who are engaging in a colloquy in order to elicit information for the members of the

House and for themselves are entitled to be heard. Members' conversations that interfere with that right to be heard must cease. Please be in order.

You may proceed. Mr. VEON. Thank you, Mr. Speaker. Mr. Speaker, to attempt to further respond to the gentle-

man's question, I would like to point out, number one, that I appreciate the gentleman's question. I know this is an important question. It is an important issue, and I would like to be able to clarify it as to what the intent is in this amendment.

If the members would take a look at this amendment and scratch out the language in Mr. Linton's amendment that was added to the bill yesterday, I think you will note that we kept all of those prohibitions to attempt to address Mr. Ryan's concern about solicitation in the workplace. The intent under my amendment, the only people who could solicit would be coworkers on his or her own time, not for a candidate but only for their own voluntary fund. We tried to attempt that by striking out on page 20, line 19, the words "political fund." All the other prohibitions, including soliciting, paying, collecting or receiving a contribution at or in the Commonwealth workplace from any employee for any political party or other partisan recipient, are still prohibited under this amendment, under the bill that we have in front of us and still prohibited under the amendment that I am offering today.

Mr. RYAN. Would you tell me what the effect of the removal of subparagraph (14) on page 20 is? Let me ask that a different way. On line 10, page 20, under (14), that deals with a prohibition, does it not?

Mr. VEON. Yes, Mr. Speaker. Mr. RYAN. And is not that prohibition a prohibition

against soliciting, collecting, or receiving a contribution at or in the workplace from any employee for any political party, fund, or partisan recipient, and have you not removed that prohibition entirely?

Mr. VEON. Yes, Mr. Speaker, we did. But if you look on line 17 currently numbered in the bill number (16)-

Mr. RYAN. Right. Mr. VEON. -that is in effect the same language with the

words "political fund" stricken with my amendment. So in effect, there was some duplication of language in that original amendment and we attempted to strike the duplicate language and felt comfortable that line 17 addressed the concerns of Mr. Ryan.

Mr. RYAN. What is the effect on page 19? I am talking now about the differences between your amendment and the Linton amendment. You would remove the prohibition that Linton has of soliciting votes in support of or in opposition to a candidate.

Mr. VEON. Yes, Mr. Speaker. That strikes at the heart of my amendment, which is an attempt to allow for political participation by civil service employees.

Mr. RYAN. You differ from the Linton amendment in that you allow civil service employees to be driving workers to and from the polls as well.


Mr. VEON. Voters, Mr. Speaker. They would be permitted to drive voters to and from the polls on their own time, obvi- ously. And now all those other prohibitions against doing it on State time, I think, are very clear in the bill, well drafted by the gentleman, Mr. Linton, who put a lot of time and effort into this. We do not attempt to change that at all. On his or her own time only.

Mr. RYAN. Thank you, Mr. Speaker. Mr. Speaker, I am against the gentleman's amendment. I

reiterate my concern that I think what we are promoting is what this State for many, many years was condemned for, and that was back-room politics. It was condemned for macing. It was condemned for all sorts of political activities in the governmental buildings, and I think now what you have, instead of a political party, you are leaving the doors open for a PAC, a suborganization of the Commonwealth's union, to go out and solicit, not just by checkoff but by actively going door to door, desk to desk, office to office, and coercing, if you will-that is my word-employees of this Commonwealth into making political contributions to their political fund. I think it sends the wrong signal to our employees. I think it sends the wrong signal to the people of this - - - Commonwealth, -

and I suggest that we stick with the Linton amendment, which was something that was negotiated and agreed to, and that we knock the Veon amendment down at this time. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman. The question is, will the House agree to the amendment?

On that question, the Representative from Dauphin County, Representative Piccola, is recognized.

Mr. PICCOLA. Thank you, Mr. Speaker. I also oppose the Veon amendment. It is my understanding

that the Veon amendment will permit civil service employees to do the following: solicit votes in support of or in opposition to political candidates; drive voters to the polls on behalf of political parties or candidates in partisan elections. It will permit them to initiate or circulate a partisan nominating peti- tion. As the minority leader indicated, it will permit them to solicit and receive contributions from other employees for a political party or for a political fund.

Mr. Speaker, beyond the question of whether or not we want to have our civil service employees actually doing this, there is a philosophical question, and by permitting them to do it, the temptation is there for their political supervisors, the people who are political appointees in government, to come down upon them and force them to do it even when they really do not want to do it, and to say that they have a freedom or an option to do it or not to do it is simply not the case.

I represent a district in suburban Harrisburg. Many of my constituents are civil service employees. I know many of them personally, and for the most part, Mr. Speaker, they simply do not want the opportunity to become this active in political campaigns or political activity. It places them in an awkward position politically and professionally.

Yesterday during this debate, Mr. Veon alluded to the fact that we have a history of civil service, and he is absolutely

- - - - - -

correct. The history of civil service goes back to the beginning of the Republic when the philosophy was, to the victor belong the spoils, and all government employees were political appointees, and when an administration changed hands, everybody changed hands; every job turned over. Toward the latter part of the last century, we came to realize that that was not a good thing in terms of the operation of our government, and we created at the Federal and beginning at some of the State levels a civil service or classified system of employees, and we realized that that was the best way to go, to create a professional core of governmental employees insulated from the political process so that they would be there as a contin- uum to carry on the governmental programs that we in the political process place upon government. This civil service's classified system has grown over the years, and as we have recognized the benefits of this type of employee to government, we have included more and more of our State employees in the civil service system. Mr. Veon would have us take a big step backwards, Mr. Speaker. He would have us put these employees back into the political process, jeopardize their professionalism, jeopardize their independence.

Mr. Speaker, I think we havc created in Pemsyhanip. a good solid core of civil service employees. To tamper with that in a significant way, as Mr. Veon would do, is wrong. It is especially wrong in this day of increasing awareness of ethics or a lack of ethics in government. It will merely create all kinds of presumptions about these employees that they are perhaps being involved in political activity for all the wrong reasons. These employees should be above reproach. By for- bidding this type of activity, we give them the opportunity to be above reproach with respect to politics.

I urge that we continue that and defeat the Veon amendment. Thank you, Mr. Speaker.

The SPEAKER. The question is, will the House agree to the amendment? On that question, the Representative from Lehigh County, Representative Pressmann, is recognized.

Mr. PRESSMANN. Thank you, Mr. Speaker. Mr. Speaker, I think it is time to put some facts into this

debate. The previous gentleman has talked about the idea of super-

visors coercing employees to contribute. First of all, there are prohibitions in this law from that happening, but I do not think it is any surprise that the gentlemen, Mr. Ryan and Mr. Piccola, are in opposition to this bill, and if I were sitting where they are, I would probably be in opposition too, because I am sure they do not receive a lot of support from these same groups. At the same time, they can receive large support from the corporations of this Commonwealth that do have their supervisors go around and solicit money from their employees for their political action committee. Let us talk about fairness.

Another thing, let us talk about reality. Presently we have this system in this State of allowing checkoffs by dues-paying members of the union, and the participation rate is not 100 percent; it is not 75 percent; it is not even 50 percent, Mr. Speaker. So no one is being coerced into paying these political fees.


What we are talking about is giving people who are under civil service the same political rights that you and I and everybody else enjoys, the right to take a part in politics, the right to contribute to the candidate of their choice, and the right to help that person and influence the election to elect the people who are favorable in the election.

I ask for a favorable vote. The SPEAKER. The question is, will the House agree to the

amendment? On that question, the Chair recognizes, from Centre County, Representative Herman.

Mr. HERMAN. Thank you very much, Mr. Speaker. Mr. Speaker, prior to becoming an elected official from the

77th District, I had worked previously with the State Govern- ment in both a role that was not covered by civil service and also then secured a position that was covered by civil service. So I think I can speak to this with some kind of empathy from both sides, and certainly I can sympathize and empathize, too, with Representative Veon and his constituents who feel that they wish to be involved in some more political activities. However, as I looked back upon my career, I soon realized after going from a non-civil-service position to one that is civil service, I soon came to realize how important civil service protection was for all the employees. So our civil service system is one that is certainly based on merit and is also one that affords the protection of all employees covered by civil service that they need not fear that they are going to be coerced or influenced directly or indirectly by politicians or their agents.

I think certainly we have to realize that our civil service employees in all our branches of government are really our front-line administrators, the professionals of our government agencies, and certainly I think that when you realize that these people are involved in the implementation of the laws that we pass and that they are involved directly with policy that affects regulations and also in decisions that fully affect our taxpayers' dollars and the public purse, how important it is that they remain fully protected. - -

Mr. Speaker, I can see what Representative Veon's amendment could do to really open up a Pandora's box for our State employees.

May I have some attention, Mr. Speaker? The SPEAKER. The gentleman, Mr. Herman, has asked

the Speaker to ask the House to please be courteous enough to allow the gentleman to be heard. The Chair asks the House.

Mr. HERMAN. Thank you very much, Mr. Speaker. I think that certainly we have come a long way in trying to

restore the current law under the Linton amendment yesterday, and certainly I think that the passage of the Veon amendment undoes all of that work that we had done yesterday or the day before, but also opens up a Pandora's box for all of our State employees.

Hypothetically, I think that if the Veon amendment passes, I can see a scenario. For example, if a certain civil service employee was vying for a position or a promotion in their bureau, for example, that he would be interviewed, and the bureau director might say to him at the conclusion of the interview, oh, by the way, I am working for Candidate Smith;

would you mind making 100 phone calls on his behalf between now and election? Now, certainly one can say, well, that was, you know, a certain request separate from the interview, but how does the candidate for that position really know for sure and how do we really know whether con- sciously or subconsciously, how that candidate responds to that question, whether they would feel that they were getting that position or denied that promotion.

I think, Mr. Speaker, in conclusion, I really feel- I am kind of confused or I guess I do not really understand why it is that in the wake of the job-selling scam that was uncovered in the former Auditor General's Office, why on Earth we would try to send out a message to the public that the civil service protection afforded to our first-line professionals in our State Government is going to be undone.

I think the Veon amendment should be defeated. It will surely open up a Pandora's box and turn our government back to something that is more political than it needs to be. Thank you, Mr. Speaker.

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


Acosta Belardi Billow Blaum Bortner Bowley Broujos Caltagirone Cappabianca Cam Cawley Clark, B. D. Cohen Colafella Cole Corrigan Cowell COY DeLuca DeWeese Dombrowski Donatucci Evans Fee

Adolph Allen Angstadt Argall Barley Battisto Belfanti Birmelin Bishop Black Boyes Brandt Bunt Burd Burns Bush Carlson Cessar

Freeman Gamble George Gigliotti Gruitza Haluska Harper Hayden Hughes Itkin James Jarolin Josephs Kaiser Kasunic Kosinski Kukovich LaGrotta Laughlin Lescovitz Letterman Levdansky Linton

Dietterick Dininni Distler Dorr Durham Fairchild Far go Farmer Fleagle Flick Foster Fox Freind Gallen Gannon Geist Gladeck Godshall

Lloyd McCall McHale McNally Maiale Maine Markosek Mayernik Melio Michlovic Mrkonic Murphy O'Donnell Olasz Oliver Petrarca Petrone Pistella Pressmann Preston Richardson Rieger Ritter

NAYS- 109

Jadlowiec Johnson Kenney Kondrich Langtry Lashinger Lee Leh Lucyk McVerry Marsico Merry Micozzie Miller Moehlmann Morris Mowery Nahill

Robinson Roebuck Rybak Saloom Scrimenti Staback Steighner Stish Tangretti Taylor. F. Thomas Tigue Trello Trich Van Home Veon Williams Wozniak Wright, D. R. Yandrisevits

Manderino, Speaker

Reinard Robbins Rudy Ryan Saurman Scheetz Schuler Semmel Serafini Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Stairs Strittmatter Stuban Taylor, E. Z. Taylor, J .


Chadwick Civera Clark, D. F. Clark, J. H. Clymcr Colaiuo Cornell

Davies Dem~sey

-

GNPW Hagmy Hasay Hayes Heckler Heman Hershey Hess Jackson

-- --

Nailor No ye O'Brien Perzel Phillips Piccola Pitts Raymond Reba

Telek Vroon Wambach wass Weston Wilson Wogan Wright, J. L. Wright, R. C.

NOT VOTING-0

EXCUSED-2

Howlett Pievsky

The question was determined in the negative, and the amendments were not agreed to.


amended?

The SPEAKER. On that question, does the gentleman from Dauphin, Mr. Piccola, have amendments?

Mr. PICCOLA. Mr. Speaker, in view of the defeat of the Veon amendment, I am going to withdraw my amendment. - - -ReSPEMER. The Chair iiianits iiie gentieman.


amended? Bill as amended was agreed to.


The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas

and nays will now be taken.

YEAS- 198

Acosta Adolph Men Angstadt Argd Barley Battisto Belardi Belfanti Biiow Biielin Bishop Black Blaum Bortner Bowley BOY= Brandt Broujos Bunt Burd Burns Bush Caltagirone Cappabianca Carlson Carn Cawley Cessar Chadwick Civera

Dombrowski Donatucci Dorr Durham Evans Fairchiid Fargo Farmer Fee Fleasle Flick Foster Fox Freeman Freind Gallen Gamble Gannon Geist George Gigliotti Gladeck Gruitza GNPPO Hagarty Haluska Harper Hasay Hayden Hayes Heckler

Lashinger Laughlin Lee Leh Lescovitz Letterman Levdansky L i ton Lloyd Lucyk McCall McHale McNally McVerry Maiale Maine Markosek Marsico Mayernik Melio Merry Michlovic Micouie Miller Moehlmann Morris Mowery Mrkonic Murphy NahiU Nailor

Ritter Robbins Robinson Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Scrimenti Semmel Serafiii Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stish Strittmatter Stuban Tangretti Taylor, E. Z. Taylor, F. Taylor, J. Telek Thomas Tigue

Clark, B. D. Clark, D. F. Clark, J. H. Clyrner Cohen Colafella Colaizzo Cornell Corrigan Cowell

Herman Hershey Hess Hughes Itkin Jackson Jadlowiec James Jarolin Johnson

Noye O'Brien O'Donnell Olasz Oliver Perzel Petrarca Petrone Phillips Piccola

Trello Trich Van Home Veon Vroon Wambach Wass Weston Williams Wilson

Josephs Pistella Wogan DeLuca Kaiser Pitts Wozniak DeWeese Kasunic Pressmann Wright, D. R. Daley Kenney Preston Wright, J. L. Davies Kondrich Raymond Wright, R. C. Dempsey Kosinski Reber Yandrisevits Dietterick Kukovich Reinard Dininni LaGrotta Richardson Manderino, Distler Lanl3tl.Y Rieger Speaker

NAYS-0

NOT VOTING-2

Cole Godshall

EXCUSED-2

Howlett Pievsky

The majority required by the Constitution having vnted is the affirmative, the question was determined in the affirmative and the bill passed finally.


WELCOME

The SPEAKER. To the left of the Speaker, the House through its Speaker welcomes Mr. and Mrs. Gene Holiday, who are the parents of Alicia and Jamie Holiday, guest pages today. They are the guests of Representative Lashinger and the Montgomery County delegation. Will they please rise.

REPORT OF COMMITTEE ON COMMITTEES

The SPEAKER. For the information of the members, a supplemental Committee on Committees report is being filed with the clerk indicating that James Roebuck of Philadelphia County is elected as a member of the Education Committee vice Representative Gordon Linton resigned.

The following report was read:

COMMITTEE ON COMMITTEES Supplemental Report

In the House of Representatives April 25, 1989

Resolved, that Representative James Roebuck, Philadelphia County, is elected a member of the Education Committee vice Representative Gordon Linton resigned.

Respectfully submitted, Russell P. Letterman Chairman Committee on Committees

On the question,


Will the House adopt the resolution? Resolution was adopted.

ANNOUNCEMENT BY MR. DAVIES

The SPEAKER. The gentleman, Mr. Davies, from Berks County seeks recognition. For what purpose does the gentleman rise?

Mr. DAVIES. Mr. Speaker, unanimous consent. The SPEAKER. Unanimous consent for what purpose, Mr.

Davies? Mr. DAVIES. To announce a piece of legislation, Mr.

Speaker. The SPEAKER. The gentleman seeks unanimous consent

to announce legislation being introduced. Without objection, he is in order. The Chair hears no objection. You may proceed, Mr. Davies.

Mr. DAVIES. Mr. Speaker, I am going to place upon the desk a piece of legislation which will provide for radon-

The SPEAKER. Will the gentleman suspend. Will the House please be in order. We are going to be here

just a few more minutes. If we are quiet, we will be able to proceed hastily and you can take your conversations with you when you leave.

The gentleman, Mr. Davies, may proceed. Mr. DAVIES. Thank you, Mr. Speaker. I am going to place upon the desk for any added signatures

a piece of legislation which will require radon testing in public buildings. This would be placed upon the DER, and of course, an appropriation is in the bill to take care of the costs for DER for such testing.

There was a survey released just last week in which exten- sive testing in schools throughout the United States revealed some very, very high rates of radon, and of course, this would include the school buildings as well as other public buildings. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman.

WELCOME

The SPEAKER. The Chair acknowledges the presence and working this afternoon of a guest page, Tiffany Alleman, who is the guest of Representative Fred Noye. Will Tiffany please stand.

SENATE MESSAGE

SENATE CONCURRENCE IN HOUSE RESOLUTION

The clerk of the Senate, being introduced, informed that the Senate has concurred in HR 55, P N 1133.

The SPEAKER. Is there further business to come before the House this afternoon from the majority party? Is there any business from the minority party? Indication is in the negative in both instances.

Are there any announcements? Any member seek recognition for any purpose?

BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 240, P N 1525 (Amended) By Rep. PETRARCA

An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statutes, further providing for windshield obstruction.

TRANSPORTATION.


An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statutes, further providing for vehicle identification numbers.

TRANSPORTATION.


An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statutes, defining "salvage motor vehicle auction or pool operator"; further providing for inspection of garages and dealer premises by police; and requiring certain persons to keep accurate records of motor vehicle sales and dispositions.

TRANSPORTATION.

HB 747, PN 1528 (Amended) By Rep. PETRARCA

An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statutes, authorizing dealers of motor carrier vehicles and designated agents of the Department of Transportation to be agents for the Department of Revenue for certain purposes relating to the motor carrier road tax identification marker.

TRANSPORTATION.

HB 1229, P N 1417 By Rep. PETRARCA An Act designating the bridge between Charleroi and

Monessen on State Route 2018 in Washington and Westmoreland Counties as the C. Vance DeiCas Memorial Bridge.

TRANSPORTATION.

ADJOURNMENT

The SPEAKER. The Chair recognizes, from Philadelphia, ~e~resentat ive Bishop. For what purpose does Ms. Bishop rise?

Ms. BISHOP. Mr. Speaker, I move that this House do now adjourn until Wednesday, April 26, 1989, at 11 a.m., e.d.t., unless sooner recalled by the Speaker.

On the question, Will the House agree to the motion? Motion was agreed to, and at 2:34 p.m., e.d.t., the House

adjourned.

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COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL · 4/25/1989 · SCHEETZ, BUSH, PISTELLA, DeLUCA,...

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