COMMONWEALTH OF PENNSYLVANIA

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1 p~ - COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL TUESDAY, OCTOBER 26,1999 SESSION OF D OF THE GENERAL ASSEMBLY No p~ HOUSE OF REPRESENTATIVES The House convened at 11 a.m., e.d.t. THE SPEAKER (MATTHEW J. RYAN) PRESIDING PRAYER REV. WILLIAM A. MILLER, Chaplain of the House of Representatives and retired United Methodist minister, Myerstown, Pennsylvania, offered the following prayer: Our Father, You have revealed Yourself in the glory of the heavens and in Your Word. Make us aware of Your presence and power through the events of our time. Lift us above the suspicions and fears of our day that we may bring peace among all men. There are times when we are perplexed and anxious and uncertain, 5ut help us to fmd strength and security in You. And Father, in the words of St. Francis, make us an insment of Your peace. Where there is hatred, let us sow love; and where there is injury, pardon; and where there is doubt, faith; when there is despair, hope; and when there is darkness, light; when there is sadness, joy. Open our eyes to see opportunity here where we snuggle, and when we are challenged, help us not to be defeated by our troubles. We are grateful that You have not called us into a finished world but into an earth d ished that we might give our gifts and talents to create a better world for the generations that follow us. May Your blessings be upon the members of the House of Representatives and all those in authority and their families as they strive to create a better State of Pennsylvania. Amen. ~ HOUSE BILLS INTRODUCED AND REFERRED No. 3 By Representatives CAPPABIANCA, E. Z. TAYLOR, DeWEESE, DeLUCA, BELARDI, BELFANTI, CALTAGIRONE, CAWLEY, COLAFELLA, EVANS, LAUGHLIN, PESCI, ROONEY, SOLOBAY, THOMAS, TIGUE, TRELLO, WALKO, WASHINGTON. WATERS, WOJNAROSIU and YOUNGBLOOD An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further defining unfair acts. Referred to Committee on CONSUMER AFFAIRS, October 26, No. 4 By Representatives EGOLF, TRUE, THOMAS, FLEAGLE, HUTCHINSON, FARGO, ARMSTRONG, READSHAW, SOLOBAY, GEORGE, ROHRER, BUNT, SEYFERT, YOUNGBLOOD, SCHRODER, HENNESSEY, ADOLPH, E.Z.TAYLOR, BLAUM, GORDNER, HESS, MASLAND, HERSHEY, PISTELLA, WOJNAROSKI, S. H. SMITH, WOGAN, STERN, CORRIGAN, HARHAL WILT, McNAUGHTON, YEWCIC, FORCER, BENNINGHOFF, SAYLOR, METCALFE, BIRMELIN, BARRAR, LYNCH, CLARK, CLYMER, ZUG, GEIST, MARSICO, PLATTS, BROWNE, FLICK and BAKER An Act providing for protection of children from obscene material, child pornography and other unsuitable material on the Internet in public schools and public libraries. Referred to Committee on JUDICIARY, October 26, PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by members and visitors.) JOURNAL APPROVAL POSTPONED The SPEAKER. Without objection, the approval of the Journal for Monday, October 25, 1999, will he postponed until printed. The Chair hears no objection. No. 5 By Representatives ARMSTRONG, BATTISTO, BENNINGHOFF, CORRIGAN, GODSHALL, HARHAI, HENNESSEY, HERSHEY, JAMES, LAUGHLIN, LUCYK, MELIO, NAILOR, ORIE, PETRONE, SAYLOR, SHANER, WILT and YOUNGBLOOD An Act providing for bed and breakfast establishment safety regulations. Referred to on CONSUMER AFFAIRS, october 26, 1999, No. 19 By Representatives PHILLIPS, FAIRCHILD, HALUSKA, CLYMER, FARGO, NICKOL, SATHER, SCHULER, SEYFERT, STERN, RAMOS, HENNESSEY,

2 1848 LEGISLATIVE JOURNAbHOUSE OCTOBER 26 CLARK, RUBLEY, ALLEN, L. I. COHEN, S. MILLER, YOUNGBLOOD and E. 2. TAYLOR An Act amending the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.l), known as the Unemployment Compensation Law, funher providing for administration of employers' reserve accounts. Referred to Committee on LABOR RELATIONS, October 26, No. 60 By Representatives NAILOR, SEMMEL, MICHLOVIC, SOLOBAY, SAYLOR, DeLUCA, SATHER, PETRARCA, SANTONI, SEYFERT, YOUNGBLOOD, ARMSTRONG, ARGALL, FAIRCHILD, NICKOL, HENNESSEY, LaGROTTA, DALEY, PLATTS, BAKER, VAN HOW, PIPPY, SURRA, BELFANTI, GEIST, CLYMER, CAWLEY, ZUG, HERMAN, HERSHEY, GORDNER, LEH, WOJNAROSKI, PHILLIPS, BARRAR, GRUCELA, B. SMITH, EGOLF, MARKOSEK, HARHAI, SAINATO, PESCI, ROBERTS, RAYMOND, WILT, CASORIO, HUTCHINSON, CURRY, McCALL, LUCYK, MARSICO, LYNCH, ALLEN, notice to owner and lienholders of abandoned and derelict vehicles, for payment of costs upon reclaiming vehicle, for public sale of unclaimed vehicles with value, for disposal of unclaimed vehicles and for restrictions on public sale of unclaimed vehicles; further providing for salvaging of derelict vehicles; providing for local authority to remove abandoned vehicles, for rights of propeq owners and residents, for abandoned and derelict vehicles on vacant, abandoned or other lots and for repeat abandoned vehicles; and adding provisions relating to derelict vehicles., Referred to Committee on TRANSPORTATION, October 26, No By Representatives WILT, BENNINGHOFF, M. COHEN, DeWEESE, FARGO, PIPPY, ROSS, SEYFERT, SOLOBAY, J. TAYLOR and YOUNGBLOOD An Act amending the act of December 17, 1981 (P.L.435, No.135), known as the Race Horse Industry Reform Act, further providing for retention percentages for pari-mutuel pools. Referred to Committee on AGRICULTURE AND RURAL AFFAIRS, October 26, BARD, FORCIER, ROSS, COSTA, FLICK, FICHTER, L. I. COHEN, R. MILLER and STAIRS HOUSE RESOLUTION INTRODUCED AND REFERRED An Act establishing the Volunteer Fire and Emergency Services Organization Grant Program. Referred to Committee on VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, October 26,1999. No. 100 By Representative WILT No. 298 By Representatives HARHART, BROWNE, DALLY, SHANER, ADOLPH, ALLEN, ARGALL, ARMSTRONG, BAKER, BELFANTI, CALTAGIRONE, CAPPABIANCA, M. COHEN, DAILEY, DALEY, DEMPSEY, DeWEESE, FARGO, FICHTER, FLEAGLE, FRANKEL, GEIST, GIGLIOTTI, GRUCELA, HANNA, KENNEY, KREBS, LEH, MAITLAND. MAJOR. MANDElUNO. MARSICO. MASLAND. * MAYERNK M~CALL, M~ILHATTAN, NUOR, NICKOL, An Act amending the act of December 16, I998 (P.L.980, No.129), known as the Police Officer, Firefighter, Correction Employee and ORE, PETRARCA, PISTELLA, READSHAW, ROSS, National Guard Member Child Benefic~ary Education Act, further providing for definitions; and providing for exemptions. RUBLEY, SAINATO, SANTONI, SATHER, SAYLOR, SCHRODER, SCHULER, SEMMEL, SEYFERT, SOLOBAY, Referred to Committee on EDUCATION, October 26, STERN, STEVENSON, SURRA, E. 2. TAYLOR, TIGUE, VAN HORNE. VANCE, WILLIAMS, WILT, WOJNAROSIU, No By Representatives EVANS, GEIST, BATTISTO, I YOUNGBLOOD, YUD1CHA.K and ZUG DeWEESE, VE&, M. COHEN, BELARDI, MYERS, KENNEY, RAMOS, O'BRKEN, LEDERER, DONATUCCI, BELFANTI, CASORIO, LAUGHLIN, J. TAYLOR, SAINATO, BUXTON, TRAVAGLIO, MANN, RIEGER, SHANER, TANGRETTI, SANTONI, YOUNGBLOOD, READSHAW, BEBKO-JONES, CAPPABIANCA, ROBINSON, MICHLOVIC, GODSHALL, SCRUlENTI, WOJNAROSKI, OLIVER, KELLER, LUCYK, STURLA, JOSEPHS, VAN HOW, DRUCE, SCHRODER, PRESTON, ARGALL, WRIGHT, GIGLIOTTI, MELIO, HERSHEY, JAMES, BUTKOVITZ, CALTAGIRONE, THOMAS. McGEEHAN. SOLOBAY. WOGAN. GRUITZA. WATERS^' An Act amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for stripping abandoned vehicles; tinher providing for definitions, for vehicles destroyed, dismantled, salvaged or recycled, for suspension of operating privilege and for abandonment and stripping of vehicles; providing for civil liability for abandonment of vehicles, for reports to deparunent of possession of abandoned and derelict vehicles, for reports and removal of abandoned vehicles within the boundaries of a city of the first class, for A Resolution requesting the Public Employee Retirement Commission to undertake a study relating to the funding of cost-of-living adjustments for retired State and public school employees. Referred to Committee on RULES, October 26, SENATE MESSAGE ADJOURNMENT RESOLUTION FOR CONCURRENCE L~GRO~~A' 'RUCELA' ROO~Y; The clerk of the Senate, being introduced, presented the CARN, PETRONE, following extract from the Journal of the Senate, which was read - FRANKEL, MANDERINO, PESCI, McCALL and DeLUCA as follows: In the Senate October 25, 1999 RESOLVED, (the House of Representatives concuning), That when the Senate adjourns this week, it reconvene on Monday, November 8, 1999, unless sooner recalled by the President Pro Tempore of the Senate; and be it further ' J

3 1999 LEGISLATIVE JOURNAGHOUSE 1849 RESOLVED, That when the House of Representatives adjourns this week, it reconvene on Monday, November 8, 1999, 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. Will the House concur in the resolution of the Senate? Resolution was concurred in. Ordered, That the clerk inform the Senate accordingly. GUESTS INTRODUCED The SPEAKER. The Chair is pleased to welcome to the hall of the House today Patrick Gmcela and Salomea Gmcela, here today as the guests of Rich Gmcela. Representative, is this family we are talking about? Would the Gmcela family please rise. They are guest pages right here in front of the Speaker. We welcome today members of the Main Lie Chamber of Commerce. Bob Pucci, its president, is here with a number of other people - Felice Barsky and Judith Shalk - who are seated to my left, and in the balcony, I understand, are Jim Lufrus and his wife. Would these guests please rise. They are the guests of the Representatives from the Main Line area - Representatives Cohen,, Vitali, Flick, and Rubley. Will the guests please rise. Representative Mark McNaughton has guest pages here today that I would ask to stand - Brian Roy, Christina Roy, and Jason Klock. Would these guests please rise. The Chair welcomes Glenn Sorensen, a guest page, who is in the seventh grade at Holicong Middle School in Buckmgham Township where he is in the gifted program. He is also a Boy Scout in Troop 24 and has earned his first class. He is accompanied by his father, Roger; mother, Stephanie; and sister, Emma. They are the guests of Representative McIlhinney. LEAVES OF ABSENCE The SPEAKER. The Chair recognizes the majority whip, Mr. Snyder, who requests a leave of absence for the gentleman from Delaware, Mr. GANNON, for today's session. Without objection, the leave will be granted. The Chair hears none. The minority whip, Mr. Veon, requests leave for the gentlema Mr. DAL.EY, for today's session. Without objection, the leave will be granted. For the information of the various leaders, there are a number of members on leave for the week including Dempsey, McGill, Bebko-Jones, Gmitza, and Ramos. MASTER ROLL CALL The SPEAKER. The Chair is about to take today's master roll call. The members will proceed to vote. PRESENT-196 Adolph Fargo Marsico Scrimenti Allen Feese Masland Semmel Argali Fichter Mayemik Serafini hstrong Fleagle McCall Seyfert Baker Flick McGeehan Shaner Bard Forcier Mcllhattan Smith, 8. Barley Frankel Mcllhinney Smith, S. H. Bmr Freeman McNaughton Snyder Bastian Geist Melio Solobay Banisto Belardi George Gigliom Metcalfe Michlavic Staback Stairs Belfanti Gladeck Micozzie Steelman Benninghoff Godshall Miller, R. Steii Birmelin Gordnei Miller, S. Stem Grucela Mundy Stetler Blaum Habay Myers Stevenson Bayes Halurka Nailar Smmatter Browne Hanna Nickol Sturla Harhai O'Brien Sum E;''? Harhan Oliver Tangretti Caitagir,,ne Hasay Hennessey One Perzel Taylor, E. Z. Taylor, J. Cappabianca Herman Pesci Hershey Pemrca Tigue Caw ria Hess Petrone Travaglio Horsey Phillips Trello Chadwick Hutchinson Pippy Trich Jadlowiec Pistella True g"; Platts clymer Josephs &ston Vance Cohen,L. I. Kaiser Raymond Keller Readshaw Venn Kenney Reinard Vitali EzEiF cornell Kirkland Rieger Walko Corrigan Krebs Roberts LaGrotta Robinson Waters COY Laughlin Roebuck curry Lawless Rohrer Dailey Lederer Rcmney Wogan 2zca Leh Ross Wojnaroski Lescorik Rubley Wright ~~~~d~ Levdansky Ruffing Yewcic DeWeese Lucyk Sainato Youngblcmd Lynch Samuelson Yudichak Maher Santoni Zirnmerman Dmce Maitland Sather zug Eachus Major Saylor Egolf Manderino Schroder Ryan, Evans Man" Schuler Speaker Fairchild Markosek ADDITIONS-O NOT VOTING0 EXCUSEW7 Bebko-Jones Dempsey Gruitza Ramos Daley Cannon McGill GUEST INTRODUCED The SPEAKER. The Chair is pleased to welcome to the hall of the House today a Penn State student from the district of Representative Lynn Herman. That name is Andrea Twoey from Philipsburg, Centre County. Would the guest please rise. Here she is, to the left of the Speaker.

4 1850 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 ADDITIONS AND DELETIONS OF SPONSORS The SPEAKER. The Chair acknowledges receipt of additions and deletions for sponsorships of bills, which the clerk will file. (Copy of list is on file with the Journal clerk.) CONDOLENCE RESOLUTION The SPEAKER. Mr. Strimnatter, would you come The following resolution was read: COMMONWEALTH OF PENNSYLVANIA THE HOUSE OF REPRESENTATIVES the desk, please. We are about to take up a condolence resolution on the death of a former member of this House. The Sergeant at Arms will close the doors of the House. The members will please take their seats. Members and staff - and staff - will please take their seats. The clerk will read the resolution. RESOLUTION WHEREAS, Marvin E. Miller Sr., a former member of the House of Representatives of Pennsylvania representing the 97th Legislative District. oassed away October 4, 1999, at the age of seventy-two; and WHEREAS, ~ o in k Lime Rock, Mr. ~ilier worked for Lancaster Newspapers Inc. for eighteen years. He first worked for the Intelligencer Journal, beginning in 1946, as a police and court reporter and later as sdons and assistant city editor. In 1958, he became the editor of the iititz Record Express, but returned to Lancaster Newspapers Inc. in 1960 as a political reporter and assistant city editor of the Lancaster New Era. In he was elected to the House of Representatives, where he served for five consecutive terms. Among his many legislative accomplishments are the following: Mr. Miller was responsible for the enactment of the Commonwealth's Sunshine Law; he advocated reforms in the House Rules, requiring that committee meetings be open to the public; and he sponsored a Constitutional amendment giving Pennsylvanians a right to clean air and oure water.. leeislation - reauirinn. - that local ~olice officers receive professional training before being allowed on patrol and consumer protection legislation banning the sale of flammable toys. His career with the House ended in 1976, but he continued his public service through an appointment to the Pennsylvania Crime Victims Compensation Board, where he served as its chairman from 1982 to Mr. Miller was an excellent journalist and legislator whose commitment to the common good benefited thousands of citizens. During his journalism career, he won seven prizes from the Pennsylvania Newspaper Publishers Association for writing and investigative reporting, and he was cited by the Pulitzer Prize Committee for investigative reporting. As a legislator, he was totally dedicated in heart and mind to his job and constituents, and all who knew him benefited from his dedication, dignity and great command of the issues; now therefore be it RESOLVED, That the House of Representatives of the Commonwealth of Pennsylvania note with great sadness the passing of Marvin E. Miller Sr.; extend heartfelt condolences to his wife, Shirley A. Graham Miller; son, Marvin E. Miller Jr.; daughter, Lome L. Miller; and one grandchild, Russell H. Miller; and be it further RESOLVED, That a copy of this resolution, sponsored by Representatives Jere L. Strimnatter, E. Armstrong, John E. Barley, Arthur D. Hershey, Jere W. Schuler. P. Michael Sturla, Katie True and Leroy M. Zimmerman, be transmitted to Mrs. Shirley A. Graham Miller. I Will the House adopt the resolution? Matthew Ryan Speaker of the House ATTEST: Ted Mazia Chief Clerk of the House For the information of the members, the reading clerk on the condolence resolution was the grandson of Marvin Miller, and he is an employee of the Pennsylvania House. J The SPEAKER. Those in favor of the resolution will rise and. remain standing as a mark of respect for the deceased former member. Guests will also please rise. (Whereupon, the members of the House and all visitors stood in a moment of silence in solemn respect to the memoly of the Honorable Marvin E, ill^^, sr.) The SPEAKER. The resolution has been unanimously adopted. The Sergeant at Arms will open the doors of the House. BILLS REPORTED FROM COMMITTEE. CONSIDERED FIRST TIME, AND TABLED HB 949, PN 2543 (Amended) By Rep. HERMAN An Act limiting building permit requirements and property tax reassessment for the rehabilitation of historic homesites; and conferring powers and duties on the Pennsylvania Historical and Museum Commission. LOCAL GOVERNMENT HB 1423, PN 1677 By Rep. HERMAN An Act amendine the act of June (P.L No.348). referred to as the hii id Class Coung. ~ssessmenr~oard Lau, further provid~ng for changlng assessed Laluation when a propem IS improved. LOCAL GOVERNMENT. HB 1424, PN 1678 By Rep. HERMAN An Act amending the act of May 2 I, 1943 (P.L.57 I, No.254), known as The Fourth to Eighth Class County Assessment Law, further providing for issuance of a building permit and for information on improvements; and increasing a penalty. LOCAL GOVERNMENT. HB 1670, PN 2544 (Amended) By Rep. HERMAN, An Act amending the act of July 7, 1947 (P.L.1368, No.542), known as the Real Estate Tax Sale Law, providing for the alternative collection of taxes. LOCAL GOVERNMENT. By Rep. HERMAN w An Act amending the act of March 30, (P.L.145, No.99). entitled "An act to amend and consolidate the several acts relating to the

5 1999 LEGISLATIVE JOURNAbHOUSE 1851 settlement of the public accounts and the payment of the public monies, and for other purposes," authorizing voluntary early severance plans for certain employees. LOCAL GOVERNMENT. On the question retuning, Will the House agree to the motion? HB 1986, PN 2495 By Rep. HERMAN An Act providing for abatement by political subdivisions of 1999 real estate taxes on properties damaged by Hurricane Floyd. LOCAL GOVERNMENT. CALENDAR BILLS ON SECOND CONSIDERATION The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for third consideration: HB 461, PN 481; and HB 1981, PN BILL ON THIRD CONSIDERATION The House proceeded to third consideration of HB 1724, PN 2530, entitled: An Act establishing community re~arative dis~osition Drograms for offenders and communi& reparative~disposition bo&s; and bro;iding for the powers and duties of the Pennsylvania Commission on Crime and Delinquency and for expungement of criminal arrest records in certain circumstances. Will the House agree to the bill on third consideration? RULES SUSPENDED The SPEAKER. The Chaiu recognizes the gentleman, Mr. Bimelin. Mr. BIRMELM. Mr. Speaker, I move that the rules of the House be suspended to permit me to immediately offer an amendment to HB The suspension of the rules would cover both the offering of an amendment and permission to run the bill at this time. Adolph Allen Argall Armstrong Baker Bard Barley Barrar Bastian Banisto Belardi Belfanti Benninghoff Birmelin Boyes Browne Butkovin Buxton Caltagimne Cappabianca Casorio Cawiey Chadwick Cohen, L. I. Cohen, M. Colafella Comell Corrigan Costa COY cw Dailey Dally DeLuca Dermody DeWeese DiGirolamo DonaNcci hce Eachus Egolf Evans Fairchild Fargo Marsico Feese Masland Fichter Mayernik Fleagle McCall Flick McGeehan Foxier Mcllhanan Frankel Mcllhinney Freeman McNaughton Geist Melio George Metcalfe Giglioui Michlovic Gladeck Micozie Godshall Miller, R. Gordner Miller, S. Gmcela Mundy Habay Myers Haluska Nailor Hanna Nickal Harhai O'Brien Harllan Oliver Hasay One Hennessey Penel Herman Pesci Hershey Petrarca Hess Pemne Horsey Phillips Hutchinson Pippy Jadlowiec Pistella Platts Jasephs Preston Kaiser Raymond Keller Readshaw Kenney Reinard Kirkland Rieger LaGrotm Roberts Laughlin Robinson Lawless Roebuck Lederer Rohrer Leh Rooney Lescoviu Ross Levdansky Rubley Lucyk Rufing Lynch Sainato Maher Samuelson Maitland Santoni Major Sather Mandenno Saylor Mann Schroder Markosek Schuler Scrimenti Semmel Serafini Seyfen Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stairs Steil Stem Stetler Stevenson Smnmauer SNrla Sum Tangreni Taylor, E. Z. Taylor, J. Tigue Travaglio Trello Trich True bce Veon Vitali Walko Waters Wogan Wojnaroski Wright Yewcic Youngblood Yudichak Zimmerman zug Ryan, Speaker Will the House agree to the motion? The SPEAKER. Mr. Birmelin, on the question of suspension of the mles. Mr. BIRMELIN. Thank you, Mr. Speaker. The reason I am asking for the suspension of the rules is because the bill has been caucused on. Everybody knows what is in it, and a minor change was made by the Appropriations Committee yesterday which stripped out the funding and put a different date for enactment. So it is a minor change that hopefully does not really affect the intent of the bill, and so I would ask for the members' support for the motion to suspend. NOT VOTING-1 Bebko-Jones Dempsey Gruitza Ramos Dale" Gannon McGill A majority of the members required by the rules having voted in the affmtive, the question was determined in the affirmative and the motion was agreed to.

6 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 Will the House agree to the bill on third consideration? Mr. BIRMELIN offered the following amendment No. A3887: Amend Sec. 2, page 2, line 5, by inserting after "offense." The term does not include a person charged with a violation of a protection from abuse order entered pursuant to 23 Pa.C.S. (relating to domestic relations). Amend Sec. 10, page 8, line 8, by striking out "and the offender's attorney" and inserting, the offender's attorney and the victim. Amend Sec. 10, page 8, line 10, by inserting after "offender" and the victim corrigan costa COY cuny Dailey Dally DeLuca oermody DeWeew DiGiralamo Donahlcci Druce Eachus Egolf Evans Fairchild Krebs LaGrotta Laughlin Lawless Lederer Leh Lexovitz kvdansky Lucyk Lynch Maher Maitland Major Manderino Mann Markosek Robens Robinson Rwbuck Rohrer Rmey Ross Rubley Ruffing Sainato Samuelson Santoni Saiher Saylor khrodei khuler Waters wogan Wojnaroski Wright Yewcic Youngblmd Yudichak Zimmerman zug Ryan, Speaker '.( Will the House agree to the amendment? The SPEAKER. the Chair recognizes the gentleman, Mr. Bimelin. Mr. BIRMELIN. Thank you, Mr. Speaker. This particular amendment is the result of some negotiations that I had with the people who represent the Pennsylvania Coalition Against Domestic Violence, and what it would do is exempt or not allow people who have violated a protection from abuse order from participating in this particular program. So I would ask for your support on this amendment. Will the House agree to the amendment? NOT VOTING-O Bebko-Jones Dempsey Gmiaa Ramor Daley Cannon McGill The majority having voted in the affirmative, the question was determined in the affumative and the amendment was agreed to. Will the House agree - to the bill on third consideration as amended? Bill as amended was agreed to. The SPEAKER This bill has been considered on three different days and agreed to and is now on fmal passage. The question is, shall the bill pass fmally? W Adolph Fargo Marsico Scrimenti REMARKS SUBMITTED FOR THE RECORD Allen Feese Masland Semmel Argall Fichter Mayemik Serafini Armstmng Fleagle McCall Seyfen Mr. BIRMELIN submitted the following remarks for the Baker Flick McGeehan Shaner Legislative Journal: Bard Forcier Mcllhattan Smith, B. Barley Frankel Mcllhiiney Smith, S. H. Barrar Freeman McNaughton Snyder Mr. Speaker, today, with the passage of HB 1724, which 1 am offering Bastian Geia Melio salobay for your consideration, we will be instituting a new program that has Banisto George Metcalfe Staback historic roots that trace back to Colonial America. Belardi Giglioni Michlovic Stairs Community reparative boards, as established by this bill, should it Belfanti Gladeck Micorzle Steelman Benninghoff Godshall Miller, R. Steil become law, are a part of the restorative justice concept that seeks to Bimelin Gordner Miller, S. Stem restore the victim, restore the offender, and make whole, or restore, our G~cela Mundy Stetler communities. These boards will, by their creation on a voluntary basis in Blam Habay Myers Stevenson our various counties, begin a program that confronts offenders who admit BY= Haluska Nailor Smmnatter to committing low-level crimes (summary or misdemeanor 3) with the Browne Hanna Nickol Sfurla Harhai O'Brien Sum consequences of their actions. Citizen panels will help the offender to see Butkovia Harhan Oliver Tangreni the ham he has caused to the victim, the community, his acquaintances, Buxton Hasay Orie Taylor, E. Z. and himself They will require him to make amends through restitution, Caltagirone Hennessey Penel Taylor, I. community service, public apology, and many other forms of atonement Cappabianca Herman Pesei that, as practiced in other States successfully, will make right, as much as Hershey Petrarca Tigue Casorio Hess Pemne Travaglio possible, the wrong, and ultimately at a cost savings to taxpayers. Horsey Phillips Trello The cost savings, a secondary consideration, are potentially Chadwick Hutchinson P~PPY Trich significant. Money will be saved because community reparative boards Jadlowiec Pistella Tlue will be dealing with offenders immediately after their arrest, before they Plans become a matter for the courts to handle. Money will be saved because CIymer Josephs Preston vance Cohen, L. I. Kaiser Raymond these boards will operate with citizen volunteers, meeting in public places Cohen, M. Keller Readshaw Veon with little cost of administration. Money will be saved in the future, Colafella Kenney Reinard Vitali because this program's success will save our courts and prisons Cornell Kirkland Rieger Walko

7 LEGISLATIVE JOURNAGHOUSE millions of dollars, because we will be diverting people from a lifetime Rolf Manderino Schrodei Ryan, panem of crime. Evans Mann Schuler Speaker Fairchild Markosek This leeislation. - if enacted, will do the two most imoortant thines - that our criminal justice system is intended to do: I) provide justice for victims; and 2) prevent future crimes. Victim input in this program is significant and integral to the restoration process. Community involvement, through volunteers serving on the boards NOT VOTING4 and the panels they create, will restore a sense of community for crimes committed in our neighborhoods as they seek to confront criminals face-to-face, a dynamic that occurs nowhere else in our criminal justice system. Bebko-Jones Dempsey Gmitza Ramos I look forward to the passage of this legislation and to working with Daley Gannon McGill those counties who are willine - ~~~~~~ to make it work for them. While we in the legislature are ohen proud to be "tough on crime," the creation of community reparative boards will also give us oppomity to be proud of being "smart on crime" as well. On the queslion recurring, Shall the blll pass finally? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. YEAS-196 Adolph Fargo Marsico Scrimenti ~ll& ~ee& Masland Semmel Argall Fichter Mayernik Serafini Ansoung Fleagle McCall Seyfen Baker Flick McGeehan Shaner Bard Forcier McIlhanan Smith, B. Barley Frankel Mcllhinney Smith, S. H. BaIIar Freeman McNaughton Snyder Bastian Geist Melio Solobay Banisto George Metcalfe Staback Belardi Giglioni Michlovic Stairs Belfanti Gladeck Micozzie Steelman Benninghoff Godshall Miller, R. Steil Bimelin Gordner Miller, S. Stem Gluceia Mundy Stetler Blaum Habay Myen Stevensan Boyes Haluska Nailor Suimnatter Browe Hanna Nickol SNrla Harhai O'Brien Svrra Butkovia Harhan Oliver Tannerti Buxton Hasay Orie Taylor, E. Z. Caltagirone Hennessey Penel Taylor, 1. Cappabianca Heman Pexi Hershey Petram. Tigue Casorio Hess Pernone Travaglio Horsey Phillips Trello Chadwick Hutchinson P~WY Tnch Jadlowiec Pistella True Plans Clyma Josephs Preston Vance Cahen, L. I. Kaiser Raymond Cohen, M. Keller Readshaw Venn Colafella Kenney Reinard Vitali Comell Kirkland Rieger Walka corng3" Krebs Robens Costa LaGr0tta Robinson Waters COY Laughlin Rwbuck cuny Lawless Rohrer Dailey Lederer Rooney Wow Dally Leh Ross Wojnaraski DeLuca Lerovitz Rubley WTight ')erm&y Levdansky Rufing Yewcic DeWeese Lucyk Sainato Youngblmd DiGimlamo Lynch Samuelson Yudichak Donarucei Maher Santoni Zimmerman Druce Maitland Sarher zug Eachus Major Saylar The majority required by the Constitution having voted in the abtive, the question was determined in the afhmative and the hill passed finally. Ordered, That the clerk present the same to the Senate for concurrence. STATEMENT BY MR. BUNT The SPEAKER The Chaii recognizes the gentleman, Mr., who requests unanimous consent to make a brief statement prior to the consideration of HB Without objection, the gentleman mav, ~roceed. A Mr. BUNT. Mr. Speaker, I just want t e The SPEAKER. Will the gentleman yield. Conferences on the floor, please. The gentleman, Mr.. Mr. BUNT. Thank you, Mr. Speaker. Mr. Speaker, I just want to offer a few brief remarks on these hills before we vote. HB 1888 was amended in the House Agriculture Committee to include provisions from other drought relief bills. Mr. Speaker, these bills provide a comprehensive and focused approach to drought relief, and I want to stress to the members that the Agriculture Committee on both sides of the aisle worked together to bring this proposal before the entire House today. Now, Mr. Speaker, I rise to speak feeling more than a little frustrated. For weeks members and leaders from the other side of the aisle repeatedly rose in this chamber to call for meaningful drought relief for our farmers. They did so knowing full well that a comprehensive and bipartisan package was moving through the Agriculture Committee with the full cooperation and input of the Democratic members and my counterpart, Representative Italo Cappabianca. Now today we have before the whole House for a final vote a well-conceived and comprehensive plan which does exactly what the majority of the members of this House, including the strident voices from the other side, have been calling upon us to do. And what happens, Mr. Speaker? Suddenly we have amendments such as those filed which bring unrelated issues to the debate. Now, let me say, Mr. Speaker, I do not dispute these amendments on their merit. I do not, frankly, know the answer to that, hut I do know that they do not relate to the drought relief for farmers and will most certainly delay further and perhaps ulbmately destroy the chances of what we have been able and have been called upon to do. I say with certainty that amendments such as those offered will prevent HB 1888 from ever reaching the Governor's desk.

8 ~ ~ 1854 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 So I say to the members individually, each of you do what you feel you must do, but a vote for these unrelated amendments will negate all of the work done by the committee over the last weeks and deny the farmers of this State the financial relief from the drought which they so deservedly need. Please vote against these amendments. Thank you, Mr. Speaker, for this opportunity. The SPEAKER. The Chair thanks the gentleman. BILLS ON THIRD CONSIDERATION The House proceeded to third consideration of HB 1888, PN 2455, entitled: An Act providing for emergency drought relief as a result of weather conditions in 1999; establishing the Agriculhlral Drought Emergency Oversight Board; and making an appropriation. Will the House agree to the bill on third consideration? The SPEAKER. The Chair recognizes the gentleman, Mr. George. Is Mr. George on the floor at the moment? The Chair passes over the gentleman, Mr. George. Mr. Minority Leader and company, if I may, I have listed here Mr. George for amendments, Mr. Daley for amendments - he is on leave- Mr. DeWEESE. Mr. Michlovic, I think, h a s The SPEAKER. -Nickel, and Michlovic. Mr. DeWEESE. -Mr. Daley's amendments. The SPEAKER. All right. Fine. The Chaii then recognizes the gentleman, Mr. Nickol. who comes before Michlovic. Will the House agree to the bill on third consideration? Mr. NICKOL offered the following amendment No. A3776: Amend Sec. 7, page 5, line 16, by striking out "only crop yield and crop loss" and inserting crop yield, crop loss and crop value Amend Sec. 7, page 8, by inserting between lines 26 and 27 (0 Trees.- (1).. Proceeds from the fund shall be used to Drovide - wnts to reimburse producers for the cost of removing iiuiihees, nustock and Christmas trees. or blocks of hit trees of a similar aee and variety that have bee" planted together as a productive unyt, that have died or lost significant productive capacity due to the drought or an attenuating disease occurring in conjunction with the drought, and for the cost of replanting the hees. The follo*ng shall apply: (i) If the individual farm loss for an individual crop is certified by the producer to the department or to USDA-FSA to be at least 50%, a producer shall be eligible for 75% reimbursement of all direct costs incurred. (ii) If the individual fam loss for an individual crop is certified by the producer to the depamnent or USDA-FSA to be at least 10% and not more than 49%. a producer shall be eligible for 25% reimbursement of all direct costs incurred. (2) The recipient of a grant must document, according to methods determined by the department to be appropriate, that T I expenses were incurred for trees planted on land owned or leased by the producer for the production of a crop, and that the recipient certifies that the hees will be replanted as soon as determined appropriate by the depamnent. Amend Sec. 7, page 8, line 27, by striking out "(F)" and inserting w (P) \*, Amend Sec. 8, page 9, line 3, by smking out "$160,000,000" and, inserting Amend Sec. 8, page 9, by inserting between lines I8 and 19 (6) Up to $3,000,000 may be used for the purposes of section 7(f). Will the House agree to the amendment? The SPEAKER. On the question of the adoption of the amendment, the Chair recognizes the gentleman, Mr. Nickol. Mr. NICKOL. Thank you, Mr. Speaker. I have great respect for the chairnlan of the Agriculture Committee. I was in contact with him with regard to the situation involving fruit growers in my district and the fact that the legislation as drafted really did not cover the fruit growers as they did other people engaged in agricultural production, and I was attempting to work out another bill to accompany the package of legislation that the committee moved. However, the train got beyond me, and as a result, I am here on the floor offering an amendment. I would like to educate the body with regard to the effect of a drought on the fruit industry as opposed to that on grain farmers and other farmers. It is much different than it would be for a grain farmer. A grain farmer may tragically lose 100 percent of their w crop in a given year due to a severe drought. What happens in the hit indushy is much different. When you have a drought one year like this year, you actually do have a good production of apples. They may be undersized and you may have a dishing of the quality of the apple. As a result, the grower does not get the price that he might have expected. The impact, though, is that you do not have what is called bud set. Bud set is the fonnation of the bud that produces the following year's crop. So if you go back in history, 1988 was the last drought year that affected the fruit growers in Adams County. That year they had a decent crop; undersized, but it was a decent crop. It was the following year, in 1989, they almost had no fruit on the tree. So you can see the impact is much different. Also, hen You lose Your grain one Year, You can replant it the next. What hamens with the fruit industrv is when you lose the trees, it takes ;o 10 years until you can restore production. It is a multiple-year tragedy for the fruit industry, and it is not just the fruit industry. It is also Christmas trees and nursery stock as well that have similar impacts, and I am sure maybe other crops I am, not aware of. What this amendment attempts to do is insert a different category of aid, this one affecting the fruit growers with regard to, tree loss. It would allow some reimbursement to those fruit growers when they do lose those trees and have to replant. I feel that this amendment is complementary to the purpose of this bill and does nothing to derail the intent. It is clearly 'Cf agriculturally related, and I would appreciate the members' support of the amendment. Thank you, Mr. Speaker.

9 1999 LEGISLATIVE JOURNAGHOUSE 1855 The SPEAKER. The Chair thanks the gentleman. On the question of the amendment, the gentleman, Mr.. Mr. BUNT. Thank you, Mr. Speaker. Mr. Speaker, I would concur with the remarks made by my friend, Representative Nickol, from York County and would encourage the members to support the amendment. The SPEAKER. On the question of the adoption of the amendment, Ms. Steelman. Ms. STEELMAN. Thank you, Mr. Speaker. As the Representative from a district that includes the largest mail order nursery, Musser Forests, in the United States, I want to express my appreciation to Representative Nickol for his work on this issue and also encourage the members of the House to support the amendment. It is quite true that nurseries, Christmas trees, these kinds of agricultural enterprises are going to require a different kind of assistance, but they are just as much in need of assistance as the main mowers and the dairy farmers in our Commonwealth. Thankyou. The SPEAKER. The Chair thanks the lady. Will the House agree to the amendment? DiGirolamo Lynch Samuelson Yudichak Donatucci Maher Santoni Zimmerman DNce Maitland Sather zug Eachus Major Saylor Manderino Schroder RYW Evans Mann Schuler Speaker Fairchild Markowk NAYS0 NOT VOTING0 EXCUSE&7 Bebko-Jones Dempsey Gmitza Ramos Daley Cannon McGill The majority having voted in the affumative, the question was determined in the affirmative and the amendment was agreed to. GUESTS INTRODUCED The SPEAKER. The Chair would interrupt deliberations at this time to welcome to the hall of the House the fifth grade class of the Showalter Middle School along with their instructors, Ms. Burton and Ms. Labangana, who are seated in the balcony. They are here as the guests of Representative Kirkland. Would the guests please rise. Adolph Allen Argall Amstrong Bakei Bard Barley Barrar Banian Banisto Belardi Belfanti Benninghoff Birmelin Blaum Boys Browne Butkovia Buxton Caltapimne Cappahianca casorio Chadwick Cahen, L. I. Cohen, M. Colafella Cornell corngan Costa COY curry Dailey Dally DeLuca Dermody DeWeese Farga Feese Fichter Fleagle Flick Forcier Frankel Freeman Geist George Giglioni Gladeck Godshall Gardner Grucela Habay Haluska Hanna Harhai Harhan Hasay Hennessey Herman Hershey Hess Horsey Hutchinson Jadlowiec Josephs Kaiser Keller Kenney Kirkland Krebr LaGram Laughlin Lawless Lederer Leh Leacovia Levdansky Lucyk Marsico Masland Mayemik McCall McGeehan Mcllhauan Mcllhinney McNaughton Melio Metcalfe Michlovic Micozde Miller. R. Miller, S. Mundy Myen Nailor Nickol O'Bnen Oliver One Peml Pesci pemca Penone Phillip pimy Pistella Plans Preston Raymond Readshaw Reinard Rieger Roberts Robinson Roebuck Rohrer Rwney Ross Rubley Rufting Sainato Scrimenti Semmei Serafini Seyfert Shaner Smith, B. Smith, S. H. Snyder solobay Staback Stairs Steelman Steil Stem Stetler Stevenson Strimnauer Swla Sum Tangreui Taylor, E. Z Taylor, I. Tigue Travaglio Trello Trich True Vance Vean Vitali Walko waters Wo@n Wojnaroskl Wright Yewcic Youngblood CONSIDERATION OF HB 1888 CONTINUED Will the House agree to the bill on third consideration as amended? Mr. NICKOL offered the following amendment No. A3779: Amend Sec. 2, page 2, line 6, by inserting after "losses" and in the reduction of the prade quality of our ~ ~ crops in 1999 Amend Sec. 2.. oaee. -~ 2. ~~. bv ~, insertine - between lines 8 and 9 (3) The drought will continue to affect some producers for many years due to the partial and full loss of trees, nursery stock and other multiyear planting, as well as the diminished production of hit in the year following a drought. Amend Sec. 2, page 2, line 9, by striking out "(3)" and inserting (4) Amend Sec. 3, page 2, line 22, by inserting after "cherries",pears, apricots, plums Amend Sec. 3, page 3, by inserting between lines 1 and 2 (7) Any other crop insured under coverage offered by the Federal Crop Insurance Corporation of the United States Department of Agriculture. Will the House agree to the amendment? The SPEAKER. the Chair recognizes Mr. Nickol. Mr. NICKOL. Thank you, Mr. Speaker. This amendment is quite simple. It adds some language in the legislative intent portion of the bill dealing with the tree loss

10 1856 LEGISLATIVE JOURN&HOUSE OCTOBER 26 I discussed, but more importantly, it adds several crops that were not included in the original bill, some minor crops, like pears, apricots, and plums. It just assures that any benefit extended through this bill covers some of the losses with the minor crops. On the question retuning, Will the House agree to the amendment? YEAS196 Adolph Fargo Marsico Scrimenti Allen Feese Masland Semmel Argall Fichter Mayemik Serafini Armstrong Fleagle McCall Seyfen Baker Flick McGeehan Shaner Bard Forcier Mcllhanan Smith, B. Barley Frankel Mcllhinney Smith, S. H. Barrar Freeman McNaughton Snyder Bastian Geist Melio Solobay Battista George Metcalfe Slaback Belardi Gigliotti Michlovic Stain Belfanti Gladeck Miconie Steelman Benninghoff Godshall Miller, R. Steil Biielin Gordner Miller, S. Stem Grucela Mundy Stetler Blaum Habay Myen Stevenson Boyer Haluska Nailor Stritrmaner Browne Hanna Nickol SNrla Harhai O'Brien SUIT^ Butkovia Harhm Oliver Tangreui Buxton Hasay Orie Taylor, E. Z. Callagimne Hennessey Peml Taylor, J. Cagpabianca Herman Pesci Hershey Pemrca Tigue Casario Hess Petrane Travaglio Horsey Phillips Trello Chadwick Hutchinson Pippy Trich Jadlowiec Pistella True Plans CIymer Josephs Preston Vance Cohen, L. I. Kaiser Raymond Cohen. M. Keller Readshaw Veon Colafella Kenney Reinard Vilali Cornell Kirkland Rieger Walk0 Comgan Krebs Roberts Costa LaGrona Robinson Waters COY Laughlin Roebuck CUT Lawless Rohrer Dailey Lederer Rooney WOW Dally Leh ROSS Wojnaroski DeLuca Lescovf Rubley Wright Dermody Levdansky Ruffing Yewcic DeWeese Lucyk Sainato Youngbld DiGimlamo Lynch Samuelm Yudichak Donatucci Maher Santoni Zimmerman hce Maitland Sather zug Eachus Major Saylor Egolf Manderino Schroder Ryan, Evans Mann Schuler Speaker Fairchild Markosek NAYS-O NOT VOTING4 EXCUSES7 Bebka-Jones Dempsey Gruitza Ramos Daley Cannon McGill The majority having voted in the affitive, the question was determined in the affmtive and the amendment was agreed to. Will the House agree to the bill on third consideration as 4 amended? Mr. GEORGE offered the following amendment No. A3746: Amend Title, page I, line 3, by inserting aher "BOARD, Statewide and regional water resources advisory committees and a State water plan Amend Sec. I, page 1, line 8, by inserting aher "Relief' and State Water Plan Amend Bill, page 8, by inserting aher line 30 Section 8. Statewide and regional water resources advisory committees. (a) Statewide Water Resources Advisory Committee.- (I) There is hereby established in the Depamnent of Environmental Protection a Statewide Water Resources Advisory Committee. The committee shall consist of: the Secretary of Environmental Protection or his designee, who shall be chairperson; one member appointed by the Secretary of Environmental Protection from each regional advisory committee established pursuant to subsection (b); and 1 I additional members appointed by the Secretary of Environmental Protection representing the interests of business and industry, energy and power, navigation, agriculnrre, environment and conservation, public water suppliers, labor, municipal govemments and authorities, residential water users, recreation and fish and wildlife. In appointing these I I members, the Secretary of Environmental Protection shall seek a diverse geographic representation. (2) Of the members first appointed, six members appointed by the Secretary of Environmental Protection shall serve for a 9 period of three years, five members shall serve for a period of two years and five members shall serve for a period of one year. Thereafter, each appointment shall be for a period of three years. All vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appoinnnents to provide equitable representation of groups and geographic areas. A member, upon expiration of the term, shall continue to hold office until a successor is appointed. (3) The advisory committee shall have an oppomnify: (i) To advise the Department of Environmental Protection in the preparation and development of the State water plan identified in section 9. (ii) To advise the Depamnent of Environmental Protection regarding drought-related issues, policies and programs. (b) Regional water resources advisory committees.-the Department of Environmental Protection shall establish a regional water resources advisory committee for each major basin that shall advise the Depamnent of Environmental Protection in the preparation and development of the State water plan with regard to their respective local and regional water resources needs, priorities and objectives. ' (c) Expenses and support services.-the committees' members shall serve without salary or compensation except for reimbursement by the Depamnent of Environmental Protection for reasonable and necessary expenses incurred in connection with their duties as approved by the. secretary. The Department of Environmental Protection shall also provide necessary administrative support services, budget and staff to the committees for the canying out of their responsibilities under this section. Section 9. State water plan. 9 (a) Preparation and submission.-within three years of the effective date of this act, the Depamnent of Environmental Protection shall prepare and submit with consultation from the Depanment of Agriculture an updated State water plan to the Environmental Quality Board for

11 consideration and approval. The updated plan shall be prepared with the advice of and in consultation with the Statewide and Regional Water Resources Advisory Committees established pursuant to section 5, the Pennsylvania Emergency Management Agency, the Pennsylvania Public Utility Commission and with other local, regional and State agencies and organizations, as deemed appropriate by the Deparbnent of Environmental Protection. (b) Contents.-The State water plan shall be a comprehensive plan for <he immediate and long-range protection, conservation, utilization, evaluation, development, equitable distribution and management of the water resources of this Commonwealth, consistent with the public interest and the preservation of the natural, scenic, historic and esthetic values of the environment. The State water plan shall include: (I) Identification of major water resources issues. (2) Analysis of identified issues. (3) That combination of policies, programs, institutional arrangements and recommendations that address the total water quantity needs and objectives of the Commonwealth and will guide the department's actions in managing the water resources of this Commonwealth in the public interest. (c) Factors to consider.-in developing the State water plan, the Department of Environmental Protection shall consider the following factors: (I) Local and regonal water resources needs, priorities and objectives. (2) National, State and interstate water resources policies and objectives, including those identified in legislation, regulations, compacts, interstate agreements or comprehensive plans adopted by Federal, State or basin commission agencies. (3) Identification of areas needing special protection. (4) The conjunctive use, development and management of Water resources. (5) The application of conservation practices and generally accepted water resource management and hydrologic principles, including the protection of instream flows and provision for consumptive use makeup. (6) The benefits, costs and economic, social and environmental impacts of alternative policies, programs, institutional arrangements and recommendations. (d) Periodic review and resubmission.-following initial approval of the State water plan by the Environmental Quality Board, the Department of Environmental Protection shall review and resubmit the State water plan to the board at least every six years thereafter in consultation with the Statewide and regional water resources advisory committees and others as deemed appropriate by the Department of Environmental Protection and shall propose revisions as necessary or appropriate. (e) Publication.-The Depament of Environmental Protection shall publish in the Pennsylvania Bulletin public notice of the availability of the State water plan for review at the Department of Environmental Protection's regional offices and shall accept public comment for a period of at least 30 days prior to submission or resubmission of the State water plan to the Environmental Quality Board. Amend Sec. 8, page 9, line 1, by smking out "8" and inserting 10 Amend Sec. 9, page 9, line 19, by striking out "9" and inserting I I On the question Will the House agree to the amendment? The SPEAKER. On the question of the adoption of the amendment, the Chair recognizes the gentleman, Mr. George. Mr. GEORGE. Thank you, Mr. Speaker. Mr. Speaker, if I may- The SPEAKER. Will the gentleman yield. LEGISLATIVE JOURNAG-HOUSE Please. Please. Conferences on the floor, move to the outer chambers. The conferences in the vicinity of the gentleman, Mr. George, please move to another area. Mr. George. Mr. GEORGE. Thank you, Mr. Speaker. Mr. Speaker, the purpose of my amendment is merely geared for what we all know, and that is that this has not been the fmt drought that we have experienced in our lives, and unfortunately, it will not be the last, and I certainly want to help the farmers who provide our foodshlffs, and unfortunately, they were not alone in the loss of profitability because of the drought. And so I think that we would be most responsible, Mr. Speaker, to attack the cause, the problem, rather than simply react and allow this to go on and on and on, and it could be at an increasing rate because we really have not done anythmg to protect our water supply. So, Mr. Speaker, I ask your indulgence in that Mr. has insisted that if an amendment goes into this bill that they do not like or the Senate does not like, that the farmers will not be helped. Mr. Speaker, I want to help the farmers; I want to help everyone, especially these small, independent business people, and so with the realization that what I have in this amendment is in the Conservation Committee in a bill, HB 177, then I really believe, Mr. Speaker, because you are allowing me to be somewhat flexible, that I will hope that the responsible-minded Democrats and Republicans on that committee will agree with me in that just fmdimg a Band-Aid for a problem that will be reoccurring is very human and moral but not the true answer to what we have to do. AMENDMENT WITHDRAWN Mr. GEORGE. So I am hopeful that I can remove my amendment, with your permission, from this bill and possibly attach it to one of the others coming, because I would not want to be responsible for keeping the farmers from getting help, and I do not think you would want to be responsible for allowing them to 1 need the same help next year because we did not do anyhng. So, Mr. Speaker, I remove this amendment. The SPEAKER. The Chair understands the gentleman wishes to withdraw his amendment? The amendment is withdrawn. There is nothing before the House at the moment. For what purpose does the gentleman rise? Mr. CAPPABIANCA. Mr. Speaker, I rise to congratulate Mr. George for his magnanimous decision to withdraw that amendment, and I wish other members would take the same stance that Mr. George has taken, because he realizes how important this legislation is for the farmers and that we pass it expeditiously, get it to the Senate so that they can send it to the Governor, and I thank you, Mr. George, for that magnanimous decision. The SPEAKER. The Chair thanks the gentleman. Will the House agree to the bill on third consideration as amended? The SPEAKER. The Chair recognizes the gentleman, Mr. Michlovic, who, I understand, is offering the amendment previously marked for Mr. Daley. Is that correct, Mr. Michlovic? Mr. MICHLOVIC. That is correct, Mr. Speaker; that is coxrect. The SPEAKER. I am sorry? Mr. MICHLOVIC. That is correct.

12 ~ ~~~~~~- LEGISLATIVE JOURNAGHOUSE OCTOBER 26 Will the House agree to the bill on third consideration as amended? Mr. MICHLOVIC offered the following amendment. No. A3768: Amend Title, page I, line 2, by inserting after "1999", for loans and grants to victims of small disasters, for powers and duties of the Pennsylvania Emergency Management Agency and other State agencies and for reservation of surplus revenue Amend Title, page 1, line 3, by striking out "an appropriation" and inserting appropriations Amend Bill, page 1, by inserting between lines 5 and 6 CHAPTER I PRELIMINARY PROVISlONS Amend Sec. I, page 1, line 6, by striking out "I" and inserting 101 Amend Sec. I, page I, line 8, by inserting after "Relief' and PENNCrisis Amend Bill, page I, by inserting between lines 8 and 9 CHAPTER 3 DROUGHT RELIEF Amend Sec. 2, page 1, line 9, by striking out '2" and inserting 301 Amend Sec. 3, page 2, line 13, by striking out "3" and inserting 302 Amend Sec. 3, page 2, line 14, by striking out "act" and inserting chapter Amend Sec. 3, page 2, line 18, by striking out "5" and inserting 304 Amend Sec. 3, page 3, line 5, by striking out "4" and inserting I ~ I -"- Amend Sec. 4, page 3, line 13, by striking out "4" and inserting 303 Amend Sec. 4, page 3, line 18, by striking out "7" and inserting 306 Amend Sec. 4, page 3, line 20, by striking out "6(2)" and inserting 305(2) Amend Sec. 5, page 3, line 21, by striking out "5" and inserting 304 Amend Sec. 5, page 3, line 26, by striking out "ACT and inserting chapter Amend Sec. 5, page 4, line 14, by striking out "ACT" and inserting chapter Amend Sec. 5, page 4, line 19, by striking out "ACT and inserting chapter Amend Sec. 5, page 4, line 22, by striking out "ACT' and inserting chapter Amend Sec. 6, page 4, line 23, by striking out "6" and inserting 305 Amend Sec. 6, page 4, line 26, by striking out "act" and inserting chapter Amend Sec. 6, page 4, line 27, by striking out "act" and inserting chapter Amend Sec. 6, page 5, line 4, by striking out "act" and inserting chapter Amend Sec. 6, page 5, line 1 I, by striking out "ACT' and inserting chapter Amend Sec. 7, page 5, line 12, by striking out "7" and inserting 306 Amend Bill, page 8, line 30, by striking out "act." and inserting chapter. CHAPTER 5 PENNCRlSlS FUND Section 501. Legislative findings. The General Assemblv finds that manv, communities ~ in this Commonwealth frequently are subject to natural and manmade disasters which cause significant damage and disruption in the life of the community but which are not of sufficient magnitude to qualify for, Federal disaster assistance programs. Nevertheless, these losses are of considerable importance to those directly affected and their communities and to the health and welfare of the citizens of this Commonwealth's many small communities. Section 502. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Agency." The Pennsylvania Emergency Management Agency. "Fund." The Small Disaster Assistance Fund created under this chapter. "Small disaster." An event which falls below the current Federal guidelines for Federal disaster assistance but which involves: (I) damage exceeding 40% of the value of a structure and contents of at least five homes or two businesses; (2) loss of life; or (3) total estimated damages of at least $500,000 to public facilities. Section 503. Small Disaster Assistance Fund. (a) Fund created.-there is created within the PENNCrisis program a Small Disaster Assistance Fund to assist the victims of natural and manmade disasters with low-interest loans and grants. Assistance shall not be available to a person that owns property within a 100-year flood plain and that docs not have flood Insurance (bl Coord~nat~on and admlntstrat~on of fund.-all field and other activities of the fund shall be coordinated by the agency, including budgetary allocations from the PENNCrisis Fund to the various objects w of PENNCrisis and reports to the General Assembly on program performance and needs. Final authority on all individual requests for assistance from the fund shall rest with the administering agencies. Program elements of the fund shall be administered as follows: (1) For residential housing needs, the Pennsylvania Housing Finance Agency. (2) For residential contents and vehicles, the Depa~tment of Public Welfare. (3) For business and municipal programs, the Department of Community and Economic Development. (c) Small disaster declarations.-a county emergency management director may petition the agency for a declaration of a small disaster. The agency's determination on the petition shall be deemed a final order, subject to review under 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action). Section 504. Low-interest loans to small disaster victims. All loans shall bear interest for the entire term at a rate no greater than the annual cost of livine - in the vear in which the loan is eranted. u Interest rates shall be reviewed by the administering agency at the beginning of each fiscal year based on guidance from the Office of the Budget and adjusted in accordance with the pnor year's cost of living. All ~~~ ~~~~ loans shall cover only that pomon of loss not covered by insurance. Loans to busmesses and residential loans shall be extended to incorporate existing debt on the real property and contents. Section 505. Business and municipal loans. (a) Business loans.- (1) Loans to businesses and municipalities shall be for a term of no more than 15 years, except where the term is extended by hardship suspensions of payments. Business loans shall be 'L* secured by a mortgage on real property of the business or other suitable collateral. '

13 LEGISLATIVE JOURNAGHOUSE (2) Business loans may be used to repair or replace all of the following when lost or seriously damaged due to a small disaster: (i) Fixed equipment. (ii) Major moveable equipment. (iii) Furnishings. (iv) Real property. (v) Leasehold improvements. (vi) Inventory, if it can be shown that an insurance policy at a reasonable premium in relation to value was not available to replace the inventory. (3) At the discretion of the Department of Community and Economic Development, individual business loans may be increased up to 150% of eligible repair or replacement costs to assist in business retention and recovery. The sum of all business loans may not exceed more than one-half of all funds available for expenditure in the PENNCrisis fund in any fiscal year. (b) Municipal loans.-municipal and county loans may be used for repairing or replacing all of the following when lost or seriously damaged due to a small disaster: (1) Buildings. (2) Major equipment other than vehicles, plows, backhoes and similar gasoline or diesel powered mobile machinery. (3) Office machines. (4) Streets. (5) Water and sewer lines. (6) Recreational facilities. Section 506. Residential loans. (a) General rule.-residential loans may be made only for the replacement or repair of the structure of a p~?~~~ary residence and must be secured by a mortgage on the real property that is the subject of the loan. Tenants who have been forced from a primary rental residence by a small lisaster are eligible for loans to purchase a home approximately equivalent to their prior residence in size but no smaller than 400 square feet per individual of interior living space. (b) Exception.-Repairs to landscaping, ponds, pools and outbuildings are not eligible for PENNCrisis funding, except to respond to serious hazards resulting from small disaster damage. Section 507. Grants to small disaster victims. (a) Residential grants.- (I) Persons, including tenants, who have lost clothing, furniture, appliances, furnaces, hot water heaters or other contents of their primary residences as the result of a small disaster shall be eligiblefor grants not to exceed $7,500 per person in multiperson households and not to exceed $ for single -. oersons. The total I amount of a single grant shall not exceed $25,000. (2) Persons with documentable losses above the thresholds established under paragraph (I) shall be eligible for low-interest loans under the terms and conditions prescribed for real property in section 7, except that contents loans shall not be collateralized and shall bear interest at a rate of two times the annual cost of living, but not to exceed 7%. Loans for contents under this section shall not exceed one-third of the estimated market value of the residence prior to the small disaster. (3) Personal items eligible for residential grants and loans shall not include jewelry or other luxury items or sporting equipment. (b) Business grants.-nonprofit organizations and small businesses with fewer than 15 full-time equivalent employees may be eligible for pnts to cover loss or damage from a small disaster to furnishings, ofice equipment and noninventory supplies. Grants under this subsection shall lot exceed $25,000. Section 508. Small disaster mitigation loans and grants. (a) General rule.-municipalities affected by a small disaster may apply for loans and grants to rectify conditions or inadequate public facilities that led directly to the small disaster or contributed substantially to its occurrence or the inability of local officials to bring the damage under control. Subjects of such assistance shall include, but are not limited to, the following: (1) Missing or inadequate storm sewers or other water management suuctures, including work within stream channels. (2) Inadequate fire hydrants or related water lines. (3) Watershed plans. (4) Engineering studies and designs necessary to effect mitigation improvements. (b) Limitation.-Small disaster mitigation assistance may be used only for municipally owned or controlled improvements. Firefighting apparatus and other emergency services equipment and vehicles, including uucks, tankers and other vehicles, are not eligible for mitigation assistance. (c) Chronic flooding.-the coordinating agency may consult with the Depament of Environmental Protection to identify areas of chronic flooding that result in frequent damage to communities but which do not rise to the level of a small disaster. The coordinating agency, in conjunction with the Depment of Environmental Protection, may use up to 25% of the PENNCrisis Fund annual revenue, exclusive of carryover reserves, to provide grants and loans to municipalities to correct such conditions. Assistance shall follow the formula set forth in subsection (e). (d) Hazard mitigation.-hazard mitigation loans and grants shall be subject to the following: (I) Grants for hazard mitigation work shall be no more than $5,000,000 per event. (2) Low-interest loans shall be available for the balance of project work not covered by a mitigation grant. (3) Hazard mitigation loans shall bear interest at a rate fixed at the current year's cost of living and shall be for a term of 20 years. (e) Formula.-Grants and loans shall be awarded on the'following formula: (I) Municipalities with median per capita personal income greater than 20% above the State median per capita personal income for the preceding year shall be eligible for a mitigation grant of 50% of total project costs. (2) Municipalities with median per capita personal income of between 20% less than and 20% greater than the State median per capita personal income for the preceding year shall be eligible for a mitigation grant of 60% of total project cost. (3) Municipalities with median per capita personal income more than 20% less than the State median per capita personal income for the preceding year shall be eligible &a mitigation grant of 70% of total oroiect cost. Section 509. The ~ ~KChsis Fund. There is established under the jurisdiction of the agency a fund to be called the PENNCrisis Fund. (I) Beginning with surplus revenues received during the fiscal year, revenue for the PENNCrisis Fund shall be generated by reserving 20% of each year's surplus revenues to the Commonwealth generated by all taxes and fees deposited into the General Fund. (2) In a fiscal year, the balance of the PENNCrisis Fund shall not exceed $100,000,000; and the sum available for expenditure shall not exceed $50,000,000. (3) Revenue shall be placed into a dedicated fund reserved for the programs authorized under the PENNCrisis Fund. Deposits into the fund shall not lapse but be carried forward from year to year. Up to one-half of funds on reserve and to be earned by the end of any fiscal year may be used to pay the Commonwealth's matching share for any major disaster declared eligible for Federal assistance by the President of the United States. The need for Federal matching funds for any specific major disaster event may not encumber PENNCrisis revenues in years beyond the year of the major event.

14 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 Section 510. Training, administration and operations. (a) Specialized staff.-the agency and each administering agency under section 503 shall recmit, train and develop staff specializing in small disaster assistance in their respective program areas. The staff sections shall he deployed by each administering agency in response to a declared small disaster, as directed by the agency. These personnel shall also be available to the agency at the direction of the Governor to respond to any major disaster in this Commonwealth. (b) Funding for staff.-the agency and each administering agency shall receive $1,000,000 annually, or as much thereof as is necessary, from the PENNCrisis Fund to create a permanently staffed small disaster response team. When each agency's small disaster response team is deployed on assignment, the coordinating agency shall reimburse the agency from the PENNCrisis Fund for standard and necessary travel and living costs for each team deployed to the small disaster. Expenditures under this category shall not exceed 10% of the revenue received by the PENNCrisis Fund in a fiscal year. (c) Authority to approve expenditures.-in response to any small d~saster. the agcnc) shall have final aurhont) lo approve e~pendl~es of.. PE'I"\Cnsls funds for anv addlnonal ournose, 11 deems necessarv to small disaster recovery unless the uses are not specifically prohibited by this chapter. CHAPTER 51 MISCELLANEOUS PROVISIONS Amend Sec. 8, page 9, lines 1 and 2, by striking out all of said lines and inserting Section Appropriations. (a) General.-.. (I) The sum of Amend Sec. 8, page 9, line 5, by striking out "this act" and inserting Chaoter 3 Amend Sec. 8, page'9, by inserting between lines 6 and 7 (2) The sum of S 10,000,000, or as much thereof as may be necessary, is hereby appropriated to the PENNCrisis Fund for the fiscal year July 1, 1999, to June 30, 2000, to cany out the provisions of Chapter 5. Amend Sec. 8, page 9, line 7, by inserting after "APPROPRIATION under subsection (a)(l) Amend Sec. 8, page 9, line 10, by striking out "7(A)" and inserting 306(a) Amend Sec. 8, page 9, line 12, by striking out "7(B)" and inserting 306(b) Amend Sec. 8, page 9, line 14, by striking out "7(C)" and inserting 306(c) Amend Sec. 8, page 9, line 16, by striking out "7(D)" and inserting 306(d) Amend Sec. 8, page 9, line 18, by striking out "7(E)" and inserting 3We) Amend Sec. 9, page 9, lines 19 and 20, by smking out all of said lines and inserting Section Effective date. This act shall take effect as follows: (1) Chapter 5 shall take effect in 60 days. (2) The remainder of this act shall take effect immediately. Will the House agree to the amendment? The SPEAKER. the Chair recognizes the gentleman, Mr. Michlovic. Mr. MICHLOVIC. Thank you, Mr. Speaker. Given the comments by the prime sponsor of the bill and the recent comments by my colleagues, I feel compelled to respond that I made comments on this floor after the gentleman indicated that be was going to do something about the situation with the drought and help the farmers, and I greatly admire both of their efforts for doing so, but I got up at this microphone, at this very spot, and indicated that I was going to offer amendments to those bills - and this was months ago - to do this very thing. And with regard to the notion that this is somehow unrelated, it seems to me when you are spending $160 million, taking that money out of the surplus there is, offering $10 million for the 99 percent of the population that are not farmers is quite related; it is quite germane to the subject, and I am going to offer the amendment because I think it is important that all Pennsylvanians " get relief regardless of their problem, regardless of their particular profession or industry. I would also say that the amendment I am offering is an amendment because we could never get a hearing on it as a bill. In the committee I have asked for that. The gentleman, Mr. Daley, has repeatedly asked for hearings on this legislation to address this legislation, and so I am left with offering-unfortunately, he could not be here today - I am left with offering his bill as an amendment on this floor. This amendment establishes a PENNCrisis Fund, and it does not take any of the $160 million that the Agricultm Committee has assigned for assistance to drought for the farmers. It sets up a PESJNCrisis Fund to help people after they have had a disaster, and Pennsylvania has had more than its share of disasters. We average about 10 tornadoes a year, and we had 16 in In 1985 we had 33. In 1997, the last year for which we have figures, the Commonwealth experienced 94 flash floods or about 8 per month, and all of 67 Pennsylvania counties are listed as flood prone, and almost 300 Pennsylvanians have died from floods and tornadoes over the last 35 years. Despite all this experience in these diiters and regular experience in disasters, we have no statutory authority; V' we have no State assistance, no way to help them. We just, several months ago, experienced Hunicane Floyd coming up here and really causing havoc in the eastern part of our State. Seven counties were listed as Federal disaster areas, but there was damage in other counties outside of those seven. Where we sit, this county, Dauphin County, had some tremendous damage. It was not one of those declared disaster areas by the Federal government. No help for them; no help for them. Zero. That is the issue that we are attempting to address here. Each and every one of you on this floor has at some time in your career or will have sometime in your career a crisis that you face where you have got to go out and people's lives are wrecked, their financial fortunes are ~ined, their homes are in shreds, and you have got to try to deal with the problem. And do you how what you are going to fmd out? The same thing that I found out. You go to PEMA (F'ennsylvania Emergency Management Agency) and there is no help there. There is no help there because there is no statutory authority to provide that help. Even if we have a surplus, you have to go duough the whole legislative process, and. you spend months and months coming down here trying to convince everybody else to get on board and try to help those people in your district. Would it not be easier if we did something preventative? Would it not be easier if we set up a process for helping pebple ahead of time? And are we only going to apply that to one segment of the population? No. My amendment argues that we do this for J evexybody, and it is a very modest sum. It takes $10 million, separately. It does not take the $160 million that the farmers are getting. It just adds $10 million more for the rest of us to help *

15 LEGISLATIVE JOURNAGHOUSE people with their problems that oftentimes are not covered by insurance, oftentimes are not in a flood-prone area, but they have a flash flood come down a hill. They need that help, too, and this unendment, the Daley bill and the Daley proposal, is something that we should have done long ago. Essentially, the proposal provides for low-interest loans to replace primary residences or to repair them low-interest loans for businesses and municipalities. It sets up grants up to 50 to 70 percent with loans attached to municipalities to do mitigating efforts, to help that municipality prevent another flood from occurring, another flash flood or a reoccurrence of that same kind of problem, and it grants to residents to replace loss of personal items and furnishings up to $7,500 per person per household. It sets up a reserve fund. We do not have a reserve fund active. Well, we do to some degree from the State budget, but it sets up a reserve fund to match Federal funding when we do have a nationally certified Federal crisis. And, Mr. Speaker, it sets up this fund from a set-aside of 20 percent of the budget surpluses accruing to the General Fund. So it does it in kind of a hold-harmless way. After the budget is figured, we take a look at what surplus occurred from last year, we take the 20 percent of that, and we put it in a fund, and if that fund rises to $100 million, then we cap the fund and we keep it at that level without taking additional surplus money. So we are really taking a very responsible step here, and we have worked on this legislation for several years. Our caucus, the Policy Committee, has had public bearings on it. We have never had hearings in the committee on this thing, but we need to get this legislation done. Now is the time to do it. If we are going to put $160 million - $160 million - into farmers across the State - and I am, again not changing that -that is 50,000 families. What about the other 11,950,000 families? Are we going to provide them some source of assistance when they most desperately need it? This amendment says yes. We are going to take a stand, and it is related. Regardless of what the gentleman says, it is exactly on point. This legislation is about helping people and this amendment is adding to that - helping people as well. I ask my colleagues to support the Daley amendment. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. The Chair at this time recognizes the gentleman from Lehigh County, Mr. Semmel, on the question of the amendment. Mr. SEMMEL. Thank you, Mr. Speaker. I rmly would ask my fellow colleague and chairman of Veterans Affairs and Emergency Management to totally consider withdrawing this particular amendment, and I say this for the following reasons: Basically, he is talking about a $20-million program, which I am not sure there is a predictable funding source for. One of the things that I share with you, it has only been rather recently that Representative Baker and myself have been talking to the Lieutenant Governor regarding this particular issue. Certainly one cannot say the committee is not working and looking at the particular legislation, and with this in mind, again I would ask my colleague chairman, Mr. Michlovic, to remove the Daley amendment at this time. Thank you very much. The SPEAKER. On the question of the adoption of the amendment, the gentleman, Mr. Kaiser. Mr. KAISER. Thank you, Mr. Speaker. On July 28 of this year, a terrible rainstorm hit Allegheny County. Besides the rain, it had high winds, and in my legislative district we received approximately 4 inches in a matter of 30 minutes, and what compounded the seriousness of this storm was, because of the drought, much of the rain hit the ground and was not absorbed. The rain hit the ground like it was hitting concrete and just ran into streams and into the street, and as a result, three of my communities - Brentwood Borough, Baldwin Borough, and Whitehall Borough - declared states of emergency. In fact, Mr. Speaker, in Whitehall Borough alone there was 10 million dollars' worth of damage. High winds, a lot of rain in a very short period of time, and the three communities could not handle that. They contacted their Representative and their State Senators and asked for help. Unfortunately, we were not there to help them, and this legislation will help my boroughs and all your communities in the future. I am not against giving farmers $160 million out of the State surplus. I am for that, but I am also for giving other communities in the State that may have a storm in the future $10 million to handle that. One community, Whitehall alone, was particularly hard hit, and I had residents who did not have electricity for 4 days. We had shelters set up at Baldwin-Whitehall High School and at Castle Shannon Library to take care of the many people who could not stay in their houses. I agree that we have to help the farmers, but I ask you to help my people out, too, my residents, my constituents. The July 28 flood was the worst I have ever seen in my lifetime, and I know some of my other colleagues may comment on that, too. So I ask that when you vote for this amendment, please consider our constituents, because at times they do need help. Thank you, Mr. Speaker. And I want to say one thing. The $10 million compared to $160 million is not that much, but it will help many people, and most particularly, the municipalities. Their resources were at a point where they were almost breaking. The number of trees that were down in my communities was unbelievable; roads were blocked. They had to call in outside firms to remove them. So I ask for your support on the Daley amendment. Thank yo4 Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Allegheny County, Mr. Markosek. Mr. MARKOSEK. Thank you, Mr. Speaker. Mr. Speaker, I, like the previous speaker, have a tale of woe to talk about a natural disaster that affected my district, but the reason why I am rising to speak today is not to recount another woebegone tale but rather to express the need for a disaster fund in Pennsylvania. A couple of years ago we had a disaster in my district, and I was in the legislature at that time for about 15 years and never knew that we did not have such a fund and never had to how that. But the reason I make that point is it can happen to any of us here. A sudden storm or a tornado, whatever, can come about, and all of a sudden we become very cognizant of the fact that we do not have a disaster fund in Pennsylvania. In fact, the way that we deal with disasters here is on an ad hoc basis. We generally have to wait until the next round of budget talks and attempt to get a line item in the budget to take care of our particular problem I was fortunate

16 1862 LEGISLATIVE JOURNALHOUSE' OCTOBER 26 enough and our district was fortunate enough that that occurred a couple of years ago. We were able to get a line item that did help us quite a bit with our problem. However, it would have been much simpler and much cleaner had we had a disaster fund in Pemsylvania. Subsequent to that particular incident in my district, I introduced legislation that would establish a disaster fund of $10 million, the same thing that we are talking about here in this particular amendment, the same amount that we are talking about in this particular amendment. I had at that time suggested that that money would come from the undedicated portion of the cigarette tax, the 32 cents that we charge on a pack of cigarettes in Pennsylvania. All but about 3 or 4 cents is undedicated, and I had offered at that time to use that. Subsequent to that, with this new legislative session, I revamped that legislation to use money from the tobacco senlement- The SPEAKER. Will the gentleman yield. The matter before the House is this amendment, not amendments that you might offei at some future date. Mr. MARKOSEK. Thank you, Mr. Speaker. I will be brief. I am trying to lead up to the denouement of this particular speech. Nevertheless, in order to come to a conclusion- and all these things essentially are in one way, shape, form, or another included in this particular amendment, and that is why I mentioned then So therefore, I have had a history of being for this, and I rise today to be for the Daley amendment because it embodies some of the things that I have previously introduced here in the legislature to take care of this very important problem. So I rise with Representative Michlovic in supporting the Daley amendment. Thank you. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Erie County, Mr. Cappabianca. For the information of the members, my list is, Mrs. Lederer is next, Mr. Trello, Mr. Hershey, Mr. Levdansky, and Mr.. Mr. Cappabianca. Mr. CAPPABLANCA. Thank you, Mr. Speaker. I reluctantly rise and with sadness ask the House not to approve this amendment. We are pitting here one group against another in a crisis situation. The concept of Mr. Daley and Mr. Michlovic is an honorable one and it is one that should be addressed by this House and it should be addressed immediately, but it does not belong in this bill. We do not pit one group against another when there is a problem. If there was an earthquake tomorrow in somebody's district, we should drop everythmg and take care of the victims of that earthquake. Today it is the farmers of Pennsylvania that are drowning, and they have to be helped. We can give the Senate and this Govemor no excuse for not expediting this piece of legislation when it leaves the House. You are the majority party. You control the gavel. You can listen to Messrs. Daley and Michlovic's plea. Bring those bills out of committee. Right now we are talking about agriculture, an indusny, not one person, an industry, and it is supposed to be our number one industry; at least that is what you tell us. So reluctantly I ask the House not to concur on this amendment. The SPEAKER. The Chair recognizes the lady from Philadelphia County, Mrs. Lederer. Mrs. LEDERER. Thank you, Mr. Speaker. I rise to support tls amendment because of disasters in my district. Recently I had a fue erupt in an old paint factory. It destroyed six homes. Those people did not have home insurance because they were denied insurance because they lived on a block & with an abandoned building. Further, there was a gas explosion in my district. More homes destroyed. When I appealed to the ' Lieutenant Govemor for help, he told me that these are considered small disasters. I do not think it is a small disaster when you lose. your home and you have no insurance and you lose all your belongings. I urge everyone to support this amendment. Thank you. The SPEAKER. The Chair thanks the lady and recognizes the gentleman from Allegheny County, Mr. Trello. Mr. TRELLO. Mr. Speaker, I rise to support the amendment. You how, in my 25 years in this General Assembly, I have voted to support a number of issues that benefited our farmers an& The SPEAKER. Will the gentleman yield. Conferences on the floor, please. The gentleman, Mr. Trello, is entitled to the attention of the House. Conferences in the area of the majority leaders, please break up. Staffpeople, please go off the floor if you are going to confer. Mr. Trello. Mr. TRELLO. Thank you, Mr. Speaker. In my 25 years here, I have voted on every issue that supported fanners and I do not have a farm in my district. Even just recently under Act 50 on the homestead provision, Chairman Boyes and myself sat down with people that are concerned about farmers and we added farmstead to that bill, and dese~ingly so. Now we have a problem. I have two communities in my district that are distressed districts. In July that rainstorm that we had, the water came out of the storm sewers with so much thrust that it rose 20 and 30 feet in the air and just ripped the streets apart. These communities do not have money to restore those streets. We had water flowing in people's basements that destroyed everyhng that they owned. The gentleman just said that it is today's problem. It is not today's problem. It is yesterday's problem and yesteryear's problem. We had a hurricane that occurred here just recently, and the people that were involved in that are still not getting aid today. There is no diierence between a disaster created for farmers and disasters created for people who live in our other communities. I think this is a sensible amendment. It is a drop in a bucket to what we are giving to our friends, the farmers, to help them with their plight, and we are asking you that represent the farmers of this State to help ow constituents that have the same problems with the disasters that occurred over the last several months, and I ask for an affirmative vote. Thank you. The SPEAKER. The Chair recognizes the gentleman, Mr. Hershey. Mr. HERSHEY. Thank you, Mr. Speaker. I rise to ask for a "no" vote on amendment A3768. Granted, there was some flood damage in Pennsylvania the last season, but for most of those people, I hope they did not lose their job. When it does not rain for 2 or 3 months and does not rain a lot 2 or w 3 months before that and farmers do not have crops, it is very devastating to try to keep the cattle fed through the winter. On September 1 your school taxes are due, and when the taxes are due

17 1999 LEGISLATIVE JOURNAGHOUSE 1863 and it is hot and dry and not raining, it is very, very devastating, and you not only affect the livel'iood of that farm, you also affect the home, and when a farmer loses the farm, the family loses the iome. This is a very important bill, and we should not mix other disasters into that, because agriculture is our number one industry and we need to keep these people on the land. I would appreciate if you would vote "no" on this amendment. The SPEAKER. The gentleman from Allegheny County, Mr. Levdansky. Mr. LEVDANSKY. Thank you, Mr. Speaker. Mr. Speaker, I think that when historians write about the weather and this particular year, they will likely refer to the year of 1999 and the summer of 1999 in panicular as the most extreme of weather conditions. We have had both extreme drought here in Pennsylvania, which has obviously had a terrible impact on our agriculture and nual communities in Pemylvania, and it will also go down as a record of substantial rainfall in some areas of the State but not all. And sometimes you wonder how a particular geographic region like Pennsylvania can be blessed and cursed with such extremes, but that certainly was the case this year. I come from a region and a district that deals with disasters sort of on an mual basis. The Monongahela and Youaogheny Rivers go through my district, so people are kind of used to deal'mg with normal floods. On several occasions in the past, some of those floods have been so severe that they have resulted in declarations of disasters, and when that happens, the good thing about that is you are able to get some Federal and State aid targeted to those communities that are impacted by those disasters when they are declared so and authorized so by PEMA. But, Mr. Speaker, what we are finding, what I found in particular this summer, on July 28 in particular, is that you could have a tremendous natural disaster hit a very small area of a county and have a tremendous impact on the people and the businesses who live there, and yet that area will not be declared a natural disaster. On July 28 several communities in my district - Jefferson Borough, West Elizabeth, Elizabeth Elizabeth and Forward Townships-experienced 7.2 inches of rain in 75 minutes. In 75 minutes we experienced over 7 inches of rain. Mr. Speaker, there was damage from surface water that is inconceivable to even those of us that are experienced in deaiing with floods that occurred that day. And I learned a lot about not only the declaration of disaster and what is covered and what is not; I learned a lot about homeowner's insurance and what is covered by insurance and what is not, and what tragically I learned is that no damage from surface water is covered by homeowner's insurance. So if you have someone who loses a tremendous amount of value to their home, a tremendous amount of damage to their property because of, quote, unquote, "damage from surface water," guess what? Most insurance policies do not cover it, and if that flood or that disaster happened in just a couple of communities that the county does not declare a disaster, then guess what? You are not going to get any assistance from there either. So I have got citizens and businesses that did not get any help from PEMA and did not get any help from their insurance companies either. Sure, they got a lot of help from volunteers helping out, but, Mr. Speaker, volunteerism only goes so far. I submit to you, Mr. Speaker, that the time is never more appropriate to include this kind of amendment in this piece of legislation. This legislation appropriates $160 million to cover the damages to our agriculture community in Pennsylvania. That is fair, that is appropriate, and I am going to evenhave some farmers that probably qualify for that money as well. But, Mr. Speaker, appropriating $10 million is just a small amount of money to go into a program that is going to help a lot of people who fall between the cracks. They fall between the cracks on FEMA (Federal Emergency Management Agency) and PEMA, and they fall between the cracks on their homeowner's and their business insurance, Mr. Speaker, and we cannot let that happen. You know, sure, these disasters are sometimes small and we think, well, you know, that is minor; it did not happen statewide, but, Mr. Speaker, a small disaster is a lifetime disaster to the victims of that disaster, and it makes no sense to them whether or not it is a State declaration or a county declaration or a local or a Federal. All they know is they suffered damage and they want State government to do something about it, and appropriating $10 million for this kind of program to help people experiencing these kinds of disasters is a pittance compared to the $160 million we are putting in for the agriculture part of it. That is worthy, that is necessary for the agriculture community, but I submit to you that $10 million for the rest of the people in the State that sometimes are terribly, terribly devastated by local disasters, they need some consideration as well. The time is never more appropriate than today to include the Daley amendment in this legislation, and I urge you to vote in favor of it. Thank you. The SPEAKER. The Chair thanks the gentleman. Does the gentleman, Mr. Shaner, desire recognition? The Chair thanks the gentleman. The gentleman, Mr. Trello, for the second time. Mr. TRELLO. Mr. Speaker, one of the speakers indicated that when a drought like this occurs, it not only causes an awful lot of damage but it causes a loss of jobs. Well, you did not have to tell anybody in southwestern Pennsylvania about the loss of jobs when the steel industry collapsed. These are the same people that are trying to keep their head above water, and maybe they have to decide whether to repair their home or pay their school taxes. This has created a great hardship for the people of western Pennsylvania, and do not tell me that this $10 million is going to kill this bill. It will not kill this bill, because you that represent the farmers will not allow that. All we are asking for is $10 million, just a drop in the bucket compared to what we need to help your constituents, the farmers. I stand here today to tell you that I am going to help the problem that your farmers have, and at the same time I am standing here today to ask you to help me with a problem I have, and I think that is a fair deal. I ask for a "yes" vote on this amendment. The SPEAKER. The gentleman, Mr. Kaiser, for the second time. Mr. KAISER. Thank you, Mr. Speaker. I just want to ask all the members to really consider the Daley amendment. I live in the South Hills, and that says it all. My district looked lie Niagara Falls on July 28. It was just unbelievable. As Representative Levdansky said, there was water where you never imagined it would be. Homeowner's, again, did not cover it It is very dificult to tell people who say, I got every type of insurance possible, yet all my worldly possessions are mined. That is a hit, Mr. Speaker. That is a big hit, and what is worse is when someone feels in their heart that they have spent the money properly and they are covered, and yet they get no satisfaction from the insurance company, no satisfaction from State, local, or Federal government.

18 1864 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 I had entire streets, every home flooded, and, Mr. Speaker, when you talk to these people, they are good people. I am certain they would support the farmers, no doubt in my mind, but I am asking those who have farms, how about supporting us for a change, because we need it. Thank you, Mr. Speaker. The SPEAKER. The Chaiu thanks the gentleman. The Chair recognizes the Democratic floor leader, Mr. DeWeese. Mr. DeWEESE. Thank you very much, Mr. Speaker. It would be politically naive for any of us to speculate that the State Senate would not aggressively entertain amendments on HB That is in most all cases an inherent function that they assume, and day in and day out, month in and month out, year in and year out, they interlard amendments into our legislation. So any commentaries heretofore about amendments halting the progress of this legislation need to be considered, Mr. Speaker, in the context of what the State Senate will ostensibly do, and that is to probably amend this legislation. In the course of our chamber, this legislation is about to leave the chamber of origin today. That is as it should be. It would be terribly naive for all of us as a body to anticipate that the gentleman from Allegheny, or several of the gentlemen from Allegheny, the gentlelady from Philadelphia, or others would desist in their advocacy for their own legislative districts. I understand what the final speaker will say, and I certainly empathize with the chairman of the Ag Committee on my side of the aisle, but when you think of the great - and I think it was Mr. Kaiser who used the word "Niagara"- when you think of the great Niagara of surplus that this State has this year, notwithstand'mg the fact that we have advocated different echelons that it be spent in- we have to; we do not control the purse strings, so we have to be advocates for certain settings for that money to be directed toward - so if we are talking about $160 million for the ag community, which I believe is appropriate, obviously $10 million for floods or for other disasters is certainly not a superabundance of cash. This is going to be amended in the Senate in all probability. It is probably going to be amended here, and it is as it should be, Mr. Speaker. We have the revenue in the State coffers, and notwithstanding the proverbial idea that certain bills should leave this chamber and go to the Senate without amendment, I would have to think that the Daley amendment is emblematic of a need in this State, and we can attend to that need with a favorable vote. Thank you very much. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes finally the gentleman from Montgomery, Mr.. Mr. BUNT. Thank you, Mr. Speaker. Mr. Speaker, I wish I could rise today before you and tell you that the legislation introduced by Representative Michlovic is not germane, but it was a disaster, Mr. Speaker, and it is as germane as the ag disaster that struck Pennsylvanians. But, Mr. Speaker, the issue that was brought to our attention by the gentleman from Clearfield County, Mr. George, was just as important to the people of Pennsylvania. Mr. George has gotten up on this floor many, many times, so graciously been the supporter of the little guy. We are all supporters of the little guy, but, you know, Mr. Speaker, it is very, very difficult to be able to address all of the needs on one particular day and on one particular piece of legislation. What the gentlemen, Mr. Michlovic and Mr. Daley, are attempting to do and that the Allegheny County delegation so deftly alluded to on the floor here today needs to be addressed. We had flood damage in Abington Towhip; we had flood damage in Dauphin County; we had flood damage in Delaware County. w We almost had a water company reservoir almost break. But, Mr. Speaker, member and leader from the other side of the aisle! got up repeatedly - repeatedly - and indicated to the Speaker, when are we going to address assistance for our farmers, almost humorously on a day-to-day basis. It was not humorous to * Representative Cappabianca and myself and the members of the Ag Committee because we knew what we were doing. We were working every day. I was in 55 counties of this Commonwealth this summer; I did not have a summer. Mr. Cappabianca was throughout Pennsylvania this summer; he did not have much of a summer. The members of the Ag Committee, liewise, but we all worked together. We were all trying to do what we needed to do to effect in a very positive way assistance for the agricultural community, which the people of Pennsylvania have asked us to do. Eighty-four percent of all Pennsylvanians - I could care less whether they came from Wilkes-Barre or Pittsburgh, Altoona, or if they came from the rural counties - they are supportive of our assistance to the farmers. This was not a cyclical- The SPEAKER. The gentleman will yield. The matter before the House is the amendment offered on behalf of Mr. Daley, and I think you are creeping over into a fml passage debate. I would lie you to come back into the amendment that is before the House. Mr. BUNT. Thank you, Mr. Speaker. What we need to do is to recognize why we are here today. We are here today to provide assistance for our farmers. We do also 'r, need at some other day to address the subject matter brought forth to our attention by Representatives Daley and Michlovic. We need to do that another day; we need to do that on a day that is very soon to today, but not today. Now, in my opening remarks I had indicated that the members need to do what they need to do here today, but I am asking you not to vote "no" on Mr. Michlovic because of the merits of his proposal. I am asking you to vote 'how on Mr. Michlovic's amendment because we need to move this process along. We need to get this over to the next body, and we need to send a message, very clear and very loud to everyone here in the Commonwealth and especially to the executive branch and the other branch of the General Assembly, that we mean business and that what we work together on, we support. Thank you, Mr. Speaker. The SPEAKER. The gentleman, Mr. Michlovic. Mr. MICHLOVIC. Thank you, Mr. Speaker. Mr. Speaker, I agree with the gentleman. We need to send a message to the executive and to our counterparts in the Senate, but it is what is in that message that I disagree with him on. I think we. need to send a message that we wish to help all Pennsylvanians regardless of their professions, regardless of their politics, regardless of their voting habits. They are Pennsylvania residents. and taxpayers, and we need to help them, and that is what this bill is about, I remind you. The amendment is very germane to that. I would suggest that in all of the negotiations and all of the work that has kept the gentleman up for the past summer, that in all of that, w he and the gentleman, Mr. Cappabianca, still do not have the Governor's agreement that they are going to spend $160 million for this. There is no agreement in all three houses to that. So if we

19 ~ ~ - ~ are going to send a message, why not send the light message? Why not send the message that we are going to help everybody, and if this bill, as the minority speaker has pointed out, is going to be :hanged along the way, and we most certainly know it will be changed along the way, let us let this legislation leave the House in a way that sees fit for all of us. Now, I do not know about you, and you folks may be able to - we are going to watch here in a minute or two - you may be able to vote on this and vote for the farmers and then vote against your own folks that have flash floods and problems, but I cannot do that. What do you tell those people; how do you look them in the eye when, as the gentlemq Mr. Kaiser, describes his constituents, their house has been wiped out, everybody on their block has been wiped out, and they come to you and say, is there an*g you guys can do in the State? You tell them, no, no, we have to wait; we were told by the chaii on the floor of the House we have to wait. We have got to help the farmers; we have got to wait for you. That is what you tell them? That is what you are going to tell them in this vote. I am telling you, you tell them in this vote that we want some fairness. We want some fairness for our constituents as well, everybody across the State, and the $10 million that we are putting in here does not take one dime from the farmers. It in no way jeopardizes the bill, because there is no agreement from the other bodies that have to agree to this legislation that that is going to be the number. So the $10 million is certainly not going to affect that negotiation. Let us send the right message as this bill leaves the House. Let us send the message that we are going to treat everybody fairly, and we are going to help everybody in their disaster regardless of heir profession or location. Thank you, Mr. Speaker. Please support the Daley amendment. The SPEAKER. The Chair thanks the gentleman. Will the House agree to the amendment? YEAS163 Adolph Fichter Mann Santoni Allen Fleagle Mar*oxk Sather Baker Flick Marsico khroder Bard Forcier Masland Scrimenti Banar Frankel Mavernik Serafini Banisto Belardi Belfanti Benninghofl Blam Browne Butkovie Buxton Caltagimne Casorio Chadwick :lark c'ohen, L. I. Cohen, M. Colafella Corneli Conigan Costa Freeman hrse Giglioni Gladeck Gordner G~cela Habay Haluska Hanna Harhai Harm Hasay ~e&an Hess Horsey Hutchinson Jadlowiec Jorephs Kaiser Keller Kenney ~cball McGeehan Mcllhanan McNaughton Melio Michlavic Micozie Mundy Myers Nailor Nickol O'Brien Oliver One Penel Pesci Petrarca Petrone Phillips pippy Pisrella Plans LEGISLATIVE JOURNAGHOUSE ~haner Smith, S. H. Snyder Solobay Staback Steelman Stetler Stevenson SNrla Surra Tangreit! Taylor, E. 2. ailo or, J. Tigue Tramglio Trello Trich Vance van Vmli COY Cuw Dally DeLuca Demody DeWeese DiGirolama Donatucci Druce Eachus Egolf Evans Fairchild Fargo Feex AIgall Armstrong Barley Bastian Birmelin Boyes Cappabianca Bebko-Jones Daley Kirkland Krebs LaGrntta Laughlin Lawless Lederer Lerovitz Levdansky Lucyk Lynch Maher Maitland Major Manderino Preston Raymond Readshaw Reinard Rieger Robem Robinson Roebuck Rooney ROSS Rubley Ruffing Sainato Samuelson Dailey Miller, R. Geist Miller, S. Godshall Rohrer Hennesxy Saylor Henhey Schuler Leh Semel Mcllhinney Seyfert Metcalfe Smith. B. Dempsey Gannan NOT VOTING4 Gruiaa McGill Walko Waters warn Ryan, Speaker Stain Steil Stem Saimnaner True Ramos The majority having voted in the affmtive, the question was determined in the affmative and the amendment was agreed to. Will the House agree to the bill on thud consideration as amended? The SPEAKER. The gentleman, Mr. Daley, had two amendments. Do you have a fui-ther amendment to offer on behalf of Mr. Daley? Mr. MICHLOVIC. No, Mr. Speaker. We will withdraw that amendment, and I will also withdraw my amendment. The SPEAKER. The Chaii thanks the gentleman. On the question recuning, Will the House agree to the bill on third consideration as amended? Bill as amended was agreed to. The SPEAKER This bill has been considered on three different days and agreed to and is now on fmal passage. The question is, shall the bill pass finally? Mr. Gmcela, on final passage. Mr. GRUCELA. Thank you, Mr. Speaker. Mr. Speaker, I rise in total support of this bill, and I have nothing but praise for both chairmen of the Agriculture and Rural Affairs Committee, Representative and Representative Cappabianca, for their bipartisan effort in working on this important legislation.

20 1866 LEGISLATIVE JOURNAG--HOUSE OCTOBER 26 If I might indulge the members for a second, I would like to read a lener that I received from one of my constituents from the agricultural community. Dear Representative Gmcela, As a drought stricken farmer, living in Northampton County, Lower Mt. Bethel Twp., 1 felt the need to express my feelings. My wife & I own a 150 acre farm. I'm 73 and partially retired. With our 2 sons we had a 80-cow dairy operation until 1995, when our 2 sons chose to leave for more profitable paying jobs. I'm now crop-farming trying to keep the farm from going extinct. This isn't profitable either because of the very low commodity prices. This coupled with the droughts of 1998 & 1999 still worsens the situation. The need to borrow money this spring was necessary to stafl planting. Not only do we have a loan to pay back, but no money to start planting next spring. Along with this comes taxes, insurance, and all the necessary expenses and cost of living. I do want to see the farm stay in agriculture - have been signed up for 3+ years for development rights. If prices remain so low, who would or could keep farming? Thus, who would even rent if & when I completely retire? One son has shown some interest, but how, at these low prices? This is the farmer's plight. We need action, and very soon. Farms will soon disappear. Mr. Speaker, unfortunately, it has taken too long for us to get to this point here today, but 1 am pleased that the ~ ~ ~ ~ b l i ~ ~ leadership has decided to bring a drought relief package to the floor of the House of Representatives. The Lehigh Valley represents one of the hardest hit areas in the Commonwealth. We Can We Pass an~thg have crop losses in excess of 80 and 90 percent for several major commodities. In August, extension agents from my legislative district testified that without State assistance in the form of grants, and the sooner the bener, as many as 35 farms would go out of business in Northampton County alone. If these individuals sell their farms, this will add to the rapid loss of farmland in the Lehigh Valley and perhaps throughout the Commonwealth and only add to an already important land-use issue. I urge the members to have swift ofthis comprehensive drought relief package. I was pleased to offer my support for the package in committee, and further, I hope that this will get to the Governor's desk as soon as possible so this important industry in Pennsylvania can recover from the devastating drought of Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. l-he chair recognizes the gent]eman from ~ ~ i ~, electronic media have realistically depicted the devastation created by the drought for our 50,000 Pennsylvania farmers. It has been said that this is the worst drought in 100 years and that farmers in some counties are looking at losses of between 70 and 100 percent of their crops. But to make maners worse, J preexisting problems and conditions have weakened the ability of farmers to react to the drought. Low commodity prices and poor f foreign markets leading up to the drought make a bleak situation especially dark if not darker. The double whammy has threatened to put many farms and farmers out of business. Time and time again we have bragged that agriculture is Pennsylvania's number one industry and is responsible for over $44 billion in revenue each year. Well, Mr. Speaker, now is the time to support this leading industry so it can continue to he Pennsylvania's number one. After all, Pennsylvania farmers deserve support of State government. The agriculture community plays an important economic role in Pennsylvania and is responsible for a countless number of jobs. We would not allow our other industries to bleed because of environmental conditions that were beyond their control. Our farmers should be treated no differently. Estimates of crop loss as a result of the drought are in excess of half a billion dollars, Mr. Speaker. Farmers are desperately in need of mants. and direct cash oavments... With a budget - smlus approaching $700 million and a Rainy Day Fund which exceeds, I believe, a billion dollars, we have, we have the resources to answer our farmers' prayers for help. We must do the right thing for Pennsylvania farmers. We cannot afford to wait any longer, and they cannot afford to wait my longer. Some have claimed that we are~appropriating too much money for these drought bills. Too much money for the leading 4 industry in Pennsylvania? Give me a break. Come on. Persomll~, I think we can do more, but under no cir~umtances less than we have before us today. To do so would compromise the entire a@culhlre industry in Penns~lvania. Other States already reacted, providing their farmers with meaningful drought assistance. West Virginia, for example, millions; Mqland has provided millions in emergency assistance; and Ohio is considering millions in an assistance package. Is it not about time that we in Pennsylvania do the same? Mr. Speaker, I would like at this time to c0-end Representative and his entire staff for coming UP with a well thought out drought assistance package, and I would like to also congratulate the assistance I received from my staff. This package offers partial com~ensation for the loss our farmersincurred during this Summer's drought. It offers money to help our farmers Prepare for the next planting seaso$ but most importantly, it ~rovides meaningful assistance and does not require our farmers to incur more debt to pay for this year's natural disaster. Mr. Speaker, we have put aside partisan politics - at least I. hope we have- and come up with a drought package which I have Mr. Cappabianca. confidence will help our farmers througb this crisis. Together we Mr. CAPPABIANCA. Thank you, Mr. Speaker. have worked to provide grants, rebates, subsidies, and incentives, Let me digress for a second from my prepared remarks by for Our farmers. Now we the 1egislatuE must act swiftly help our congratulating ~ ~ ~ ~ i ~ ~ h~ l ~~l~~ ~ ~ ~ for i ~ their a farmers t i survive ~ this ~ difficult ~ time. We have the right bill and amendment. The House has spoken, and we should defend the adequate r~~ources to it. I can only ask Mr. Speaker, and the issue that the House will be sending to the Senate. farmers can only ask, what are we waiting for? Let us do it. 4 ~oday, ~ r Speaker,. Pennsylvania farmers are in crisis. We at1 Pass the bill. know that. For the past several months the newspapers and our The SPEAKER. The Chair thanks the gentleman.

21 LEGISLATIVE JOURNAGHOUSE The Chair recognizes the lady from Montgomery County, Mrs. Cohen. Mrs. COHEN. Thank you, Mr. Speaker. Mr. Speaker, I want to start off by saying that my name is on this bill, and I am fully supportive of the bill based upon all the reasons that have been given throughout this debate. I would like to mention, however, a word of caution. I had the opportunity this summer to visit in the Middle East, particularly the country of Jordan. The Middle East in general has been suffering from a drought not for a few months or a few weeks as we have here in Pennsylvania but for 2 years. The effects are devastating. However, when you travel through the Third World countries of the Middle East, you see green, you see flowers and plants and crops that are flourishing, because these people, they know something and they do something that we in Pennsylvania do not do. I want to help our farmers and I will vote 'yes," and as I said, my name is on this bill and I am supportive of the efforts here today, but it seems to me that we have to go further and certainly our farmers have to do more. They have to devise ways to understand that they are subject to the forces of name. They have to be prepared for times of flood and especially for times of drought, to learn how to help themselves. What I saw in the Middle East was a system called drip imgation. These people can essentially take one drop of water and make it into 10 drops. They make the desert flower; they make the desert flourish, and I would certainly encourage our farmers to do more than ask the legislahue to provide them with funding. I would encourage them to start learning and take preventive measures to do what poor countries Jo. If Thud World countries can do it I believe that we here in Pennsylvania can do it also. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the lady. The Chair recognizes the gentleman, Mr. DeWeese. Mr. DeWEESE. Thank you, Mr. Speaker. My remarks are brief. I just want to echo and reinforce the comments of the gentleman from Erie, Mr. Cappabianca. In the 5 years that I have been privileged to serve in the minority leader's post, I have never seen the kind of bipartisan cooperation that has been evinced in this chamber. I would like to doff my hat figuratively to Representative and the members on the Republican side of the Ag Committee and to Italo Cappabianca and the Democratic members. Again, in 5 years this is a preeminent tour de force for bipaltisan working relationships, and I want to commend them. I would also like to thank Representative Lescovitz and our Policy Committee for keeping this issue on the front burner during the summer. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. Shall the bill pass finally? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. Adolph Farga Marsico Scrimenti Allen Feese Masiand Semmel Argall Armstrong Baker Bard Barley Barrar Bastian Banisto Belardi Belfanti Beminghoff Birmelin Blaum B0yes Browe ButkoviQ Buxron Caltagirone Cappabianca cawrrio Chadwick Cohen, L. I. Cohen, M. Colafella ell Conigan costa COY curri Dailey Dally DeLuca Dermody DeWeese DiGirolamo Donatucci Druce Eachus Egolf Evans Fairchild Bebko-Jones Dalev Fichter Mayernik Fleagle McCall Flick McGeehan Forcier Mcllhattan Frankel Mcllhinney Freeman McNaughton Geist Melio George Metcalfe Giglioni Michlovic Gladeck Micouie Godshall Miller, R. Gordner Miller, S. Glucela Mundy Habay Myers Haluska Nailor Hanna Nickol Harhai O'Brien Harhan Oliver H ~ Y Hennessey Orie Peml Herman Pexi Hershey Petrarca Hess Petrone Hwsey Phillips Hutchinson Pippy Jadlowiec Pistella Platts Jwephs Preston Kaiser Raymond Keller Readshaw Kenney Reinard Kirkland Rieger Krebs Robens LaGrotta Robinson Laughlin Roebuck Lawless Rohrer Lederer Rooney Leh Ross Lescovin Rubley Levdanrky Rufing Lucyk Sainato Lynch Samuelson Maher Santoni Maitland Sather Major Saylor Manderino Schrcder Mann Schuler Markosek Dempsey Gannon NOT VOTING0 Gmina McGill Serafini Seyfen Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stairs Steelman Steil Stem Stetlei Stevenson Smnmaner SNrla sm Tangreni Taylor. E. 2. Taylor, 1. Tigue Travaglio Trello Trich True Vance veon Vitali Walko Waters wogan Wojnaroski Wright Yewcie Youngblwd Yudichak Zimmerman zug Ryan, Speaker The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed fmlly. Ordered, That the clerk present the same to the Senate for concurrence. The House proceeded to third consideration of HB 1893, PN 2338, entitled: An Act providing for emergency drought relief as a result of weather conditions in 1999; and making an appropriation.

22 ~ ~ 1868 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 Will the House agree to the bill on third consideration? Mr. MICHLOVIC offered the following amendment No. A3743: Amend Title, page I, line 2, by inserting after "1999", for relief to victims of small disasters and for powers and duties of the Pennsylvania Emergency Management Agency Amend Title, page 1, line 2, by striking out "an appropriation" and inserting appropriations Amend Bill, page 1, line 5, by striking out all of said line and inserting CHAPTER 1 PRELIMINARY PROVISIONS Section 101. Short title. Amend Bill, page 1, line 8, by striking out all of said line and inserting CHAPTER 3 EMERGENCY DROUGHT RELIEF Section 301. Legislative findings and purpose. Amend Sec. 3, page 2, line 12, by smking out "3" and inserting Amend Sec. 3, page 2, line 13, by striking out "act" and inserting chapter Amend Sec. 3, page 3, line 2, by striking out "4" and inserting 303 Amend Sec. 4, page 3, line 8, by striking out "4" and inserting 303 Amend Sec. 4, page 3, line 13, by striking out "6" and inserting 305 Amend Sec. 4, page 3, line IS, by smking out "5(2)" and inserting 10417) -".,-, Amend Sec. 5, page 3, line 16, by striking out "5" and inserting 304 Amend Sec. 5, page 3, line 19, by striking out "act" where it appears the fim time and inserting chapter Amend Sec. 5, page 3, line 19, by striking out "act" where it appears the second time and inserting chapter Amend Sec. 5, page 3, line 27, by striking out "act" and inserting chapter Amend Sec. 6, page 3, line 28, by striking out "6" and inserting 305 Amend Sec. 6, page 4, line 11, by striking out "act" and inserting chapter Amend Bill, page 4, line 12, by striking out all of said line and inserting CHAPTER 5 SMALL DISASTER RELIEF Section 501. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Agenc)." The Penns) l~an~a Emergent) Management Agency. "Fund." The Small D~saster Rel~cf Fund created in sectlon 502. "Small disaster.'' An event which falls below the current Federal guidelines for Federal disaster assistance. Section 502. Fund. (a) Establishment.-The Small Disaster Relief Fund is established as a separate fund in the State Treasury. (h) Purpose.-The purpose of the fund is to provide relief to homeowners, businesses and political subdivisions, that are victims of small disasters. (c) Source.-The source of the fund is appropriations. (d) Administration.-The agency shall administer the fund in w accordance with regulations promulgated by it. Initial regulations under this subsection: (1) shall be promulgated within 120 days of the effective date of this section; and (2) are exempt from the act of June 25, 1982 (P.L.633, No.181). known as the Reeulatow Review Act. CH~PTER 51 MISCELLANEOUS PROVISIONS... Section A~rrro~riations. Amend Sec. 7, page 4, line 13, by inserting before "The" (a) Emergency Drought Relief Fund,- Amend Sec. 7, page 4, line 14, by striking out "the" and inserting this Amend Sec. 7, page 4, line 15, by smking out "the" and inserting this... Amend Sec. 7, page 4, line 15, by striking out "this act" and - inserting Chapter 3 Amend Bill, page 4, lines 18 and 19, by smking out all of said lines and inserting (b) Small Disaster Relief Fund.-The sum of $50,000,000, or as much thereof as may be necessary, is hereby appropriated to the Small Disaster Relief Fund for the fiscal year July 1, 1999, to June 30,2000, to carry out the provisions of Chapter 5. Section Effective date. This act shall take effect as follows: (1) Chapter 5 shall take effect in 60 days. (2) The remainder of this act shall take effect immediately. w Will the House agree to the amendment? AMENDMENT WITHDRAWN The SPEAKER. On the question of the adoption of the amendment, the Chair recognizes the gentleman, Mr. Michlovic. Mr. MICHLOVIC. Mr. Speaker, I will withdraw my amendment from this and also the Daley amendments. The SPEAKER. The Chair thanks the gentleman. Will the House agree to the bill on third consideration? Mr. GEORGE offered the following amendment No. A3747: Amend Title, page I, line 2, by inserting after "1999;" establishing Statewide and regional water resources advisory committees and a State water plan; Amend Sec. I, page 1, line 7, by inserting after "Relief' and State Water Plan Amend Bill, page 4, by inserting between lines I1 and 12 Section 7. Statewide and regional water resources advisory committees., (a) Statewide Water Resources Advisory Committee.- (1) There is hereby established in the Depamnent of Environmental Protection a Statewide Water Resources Advisory Committee. The committee shall consist of the Secretary of Environmental Protection or his desigee, who shall be chairperson; one member appointed by the Secretary of Environmental Protection from each regional advisory committee established pursuant to subsection (b); and I I additional members I i

23 1999 LEGISLATIVE JOUFWAL--HOUSE 1869 appointed by the Secretary of Environmental Protection representing the interests of business and industry, energy and power, navigation, agriculture, environment and conservation, public water suppliers, labor, municipal govemments and authorities, residential water users, recreation and fish and wildlife. In appointing these 1 I members, the Secretary of Environmental Protection shall seek a diverse geographic representation. (2) Of the members first appointed, six members appointed by the Secretary of Environmental Protection shall serve for a period of three years, five members shall serve for a period of two years and five members shall serve for a period of one year. Thereafter, each appointment shall be for a period of three years. All vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointments to provide equitable representation of groups and geographic areas. A member, upon expiration of the term, shall continue to hold office until a successor is appointed. (3) The advisory committee shall have an opportunity: (i) To advise the Department of Environmental Protection in the preparation and development of the State water plan identified in section 8. (ii) To advise the Depamnent of Environmental Protection regarding drought-related issues, policies and programs. (b) Regional water resources advisory committees.-the Department of Environmental Protection shall establish a regional water resources advisory committee for each major basin that shall advise the Depamnent of Environmental Protection in the preparation and development of the State water plan with regard to their respective local and regional water resources needs, priorities and objectives. (c) Expenses and support services.-the committees' members shall serve without salary or compensation except for reimbursement by the Depamnent of Environmental Protection for reasonable and necessary expenses incurred in connection with their duties as approved by the secretary. The Depamnent of Environmental Protection shall also provide necessary administrative support services, budget and staff to the committees for the carrying out of their responsibilities under this section. Section 8. State water plan. (a) Preparation and submission.-within three years of the effective date of this act, the Deparhnent of Environmental Protection shall prepare and submit with consultation from the Department of Agriculture an updated State water plan to the Environmental Quality Board for consideration and approval. The updated plan shall be prepared with the advice of and in consultation with the Statewide and Regional Water Resources Advisory Committees established pursuant to section 5, the Pennsylvania Emergency Management Agency, the Pennsylvania Public Utility Commission and with other local, regional and State agencies and~r~anizations, as deemed appropriate by the Department of Environmental Protection. (b) Contents.-The State water plan shall be a comprehensive plan for the immediate and long-range protection, conservation, utilization, evaluation, development, e~uitabledistribution and management of the water resources of this Commonwealth. consisrent with the oublic interest and the preservation of the natural, scenic, historic and esthetic values of the environment. The State water plan shall include: (1) Identification of major water resources issues. (2) Analysis of identified issues. (3) That combination of policies, programs, institutional arrangements and recommendations that address the total water quantity needs and objectives of the Commonwealth and will guide the department's actions in managing the water resources of this Commonwealth in the public interest. (c) Factors to consider.-in developing the State water plan, the Depamnent of Environmental Protection shall consider the following factors: (I) Local and regional water resources needs, priorities and objectives. (2) National, State and interstate water resources policies and objectives, including those identified in legislation, regulations, compacts, interstate agreements or comprehensive plans adopted by Federal, State or basin commission agencies. (3) Identification of areas needing special protection. (4) The conjunctive use, development and management of water resources. (5) The application of conservation practices and generally accepted water resource management and hydrologic principles, including the protection of instream flows and provision for consumptive use makeup. (6) The benefits, costs and economic, social and environmental impacts of alternative policies, programs, institutional arrangements and recommendations. (d) Periodic review and resubmission.-following initial approval of the State water plan by the Environmental Quality Board, the Depamnent of Environmental Protection shall review and resubmit the State water plan to the board at least every six years thereafter in consultation with the Statewide and regional water resources advisory committees and others as deemed appropriate by the Department of Environmental Protection and shall propose revisions as necessary or appropriate. (e) Publication.-The Deparhnent of Environmental Protection shall publish in the Pennsylvania Bulletin public notice of the availability of the State water plan for review at the Depamnent of Environmental Protection's regional offices and shall accept public comment for a period of at least 30 days prior to submission or resubmission of the State water plan to the Environmental Quality Board. Amend Sec. 7, page 4, line 12, by striking out "7" and inserting 9 Amend Sec. 8, page 4, line 18, by striking out "8" and inserting 10 On the,pestion, will the H~~~~ agree to the amendment? AMENDMENT PASSED OVER TEMPORARILY The SPEAKER. The Chair goes over the George mmdment for the moment. Will the House agree to the bill on third consideration? NICKOL the following amendment No, A3826: Amend Sec. 2, page 2, line 5, by insening'after "losses" and in the reduction of the grade quality of ow crops in 1999 Amend Sec. 2, page 2, by inserting between lines 7 and 8 (3) The drought will continue to affect some producers for many years due to the partial and full loss of trees, nursery stock and other multi-year planting, as well as the diminished production of fruit in the year following a drought. Amend Sec. 2, page 2, line 8, by striking out "(3)" and inserting (4) Amend Sec. 3, page 2, by inserting between lines 28 and 29 (7) Any other crop insured under coverage offered by the Federal Crop Insurance Corporation of the United States Depamnent of Agriculture. Amend Sec. 6, page 4, line I, by smking out "multiple crop" and inserting multi-peril crop

24 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 Will the House agree to the amendment? The SPEAKER. the Chair recognizes the gentleman, Mr. Nickol. Mr. NICKOL. Thank you, Mr. Speaker. This bill in part provides for a subsidy of crop insurance premiums for listed crops. What my amendment does is takes advantage of what USDA (United States Department of Agriculture) recently did in extending crop insurance to minor crops in Pennsylvania. My amendment includes language assuring that all the minor crops are covered by the legislation. It also corrects a reference in the bill from "multiple crop" insurance to the correct term "multi-peril crop" insurance. I would appreciate the members' support. Thank you. Will the House agree to the amendment? NOT VOTING4 Bebko-Jones Dempsey Gruitra Ramos Daley Cannon McGill The majority having voted in the affnnative, the question was determined in the affmative and the amendment was agreed to. Will the House agree to the bill on third consideration as amended? AMENDMENT WITHDRAWN The SPEAKER. It is the understanding of the Chair that the George amendment has been withdrawn. J Adolph Allen &gall Armstrong Baker Bard Barley BarIaI Brnlan Banisto Belardi Belfanti Benninghoff Birmelin Blaum Boyes Browme ButkoviQ Buxton Caltagirane Cappabianca Casorio Chadwick Cohen, L. I. Cohen, M. Calafella Comell Comgan Costa coy curry Dailey Dally DeL"ca lkmody DeWeese DiGlrolamo Donatucci DmCe Eachus Egolf Evans Fairchild Fargo Feese Fichter Fleagle Flick Forcier Frankel Freeman Geist George Gigiioni Gladeck Godshall Gordner Grucela Habay Haluska Hanna Harhai HaIhaIl Hasay Hennessey Herman Hershey Hess Horsey Hutchinson Jadlowiec Josephs Kaiser Keller Kenney Kirkland Krebs LaGrotta Laughlin Lawless Lederer Leh Lerovitz Levdamky Lucyk Lynch Maher Maitland Major MandeIi"0 Mann Markosek Manico Masland Mayemik McCall McGeehan Mcllhattan Mcllhinney McNaughum Melio Metcalfe Michlovic Micozzie Miller, R. Miller, S. Mundy Myen Nailor Nickol O'Brien Oliver One Peml Peri Petrarca Peuone Phillips P~WY Pistella Plafts Preston Raymond Readshaw Reinard Rieger Rokm Robinson Roebuck Rohrer Raoney Ross Rubley Ruffing Sainato Samuelson Santoni Sather Saylor khroder Schuler Scrimenti Semmel Serafini Seyfen Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stain Steelman Steil Stem Stetler Stevensan Suitmatter Sturla Sum Tangretti Taylor, E. 2. Taylor, 1. Tigue Travaglio TIello Trich True Vance Veon Vitali Walko Waten Wow Wojnaroski Wright Yewcic Youngblood Yudichak Zimerman zug Ryan, Speaker Will the House agree to the bill on thud consideration as amended? Bill as amended was agreed to. The SPEAKER This biil has been considered on three diierent days and agreed to and is now on fml passage. The question is, shall the bill pass fmally? Agreeable to the provisions of the Constitution, the yeas and.j nays will now be taken. Adolph Allen Armsmng Baker Bard Barley BarIaI Bastian Banisto Belardi Belfanti Benninghoff Birmelin Blaum Boyes Browme Butkovie Buxton Caltagimne Cappabianca Casorio Chadwick Cohen, L. I. Cohen. M. Fargo Fee% Fichter Fleagle Flick Forcier Frankel Freeman Geist George Giglioni Gladeck Godshall Gordner Grucela Habay Haluska Hanna Harhai Harhan Hasay Hennessey Herman Hershey Hess Horsey Hutchinson Jadlowiec Josephs Kaiser Keller Marsico Masland Mayemik McCall McGeehan Mcllhanan McIlhinney McNaughton Melio Metcalfe Michlovic Micozrie Miller, R. Miller, S. Mundy Myers Nailor Nickol O'Brien Oliver Orie Peml Pesci Petrarca Peuone Phillips P~WY Pistella Platts Preston Raymond Readshaw Scrimenti Semmel Serafini Seyfen Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stain Steelman Steil Stem Stetler Stevenson Smmnaner smla sm Tangretti Taylor, E. 2. Taylor, I. Tigue Travaglio Trello Tnch True Vance Veo" w

25 1999 LEGISLATIVE JOURNALHOUSE 1871 Colafella Kenney Reinard Vitali YEAS196 Cornell Kirkland Rieger Walko Comgan Krebs Robem Adolph Fargo Marsico Scrimenti Costa LaGrotta Robinson Waters Allen Feese Masland Semmel COY Laughlin Roebuck Argall Fichter Mayernik Serafini C W Lawless Rohrer Annsmng Fleagle McCall Seyfen hley Lederer Rwney Wogan Baker Flick McGeehan Shaner Dally Leh Ross Wojnaroski Bard Forcier Mcllhattan Smith, B. DeLuca Lescavitz Rubley Wright Barley Frankel Mcllhinney Smith, S. H. Dermody Levdansky Ruffing Yewcic Barar Freeman McNaughton Snyder DeWeese Lucyk Sainato Yaungblood Bastian Geist Melio Solobay DiGirolamo Lynch Samuelson Yudichak Banisto George Metcalfe Staback Donatucci Maher Santoni Zimmerman Beiardi Gigliot6 Michlovic Stairs Druce Maitland Sather ZUg Belfanti Gladeck Micozzie Steelman Eachus Major Saylor Benninghoff Godshall Miller, R. Steil Egolf Mandenno Schroder Ryan, Birmelin Gordner Miller, S. Stem Evans Mann Schuler Speaker Gruceia Mmndy Stetler Fairchild Markasek Blaum Habay Myers Stevenson NAYW Boyes Haluska Nailor Strimnaner Browne Ha~a Harhai Nickol O'Brien Shlrla Surra NOT VOTING0 Caltagimne Hennessey Perzel Taylor, J. Buckovitz Harhan Oliver Buxton Hasay Orie Tangreni Taylor, E. 2. EXCUSEW7 Cappabianca Herman Pesci Hershey Petrarca Tigue Bebko-Jones Dempsey Gruitza Ramos Daley Cannon McGill Chadwick Hutchinson Pippy Trich Jadlawiec Pistella True Cmrio HSS Horsey Peuone Phillips Travaglio Trello Plans losephs Preston Vance The majority required by the Constitution having voted in the Cohen. L. I. Kaiser Raymond Cohen, M. Keller Readshaw Veon affirmative, the question was determined in the affirmative and the Colafella Kenney Reinard Vitali bill ~assed fmllv. Cornell Kirkland Rieeer Walko ordered, ~ hai the clerk present the same to the Senate for Krebs ~obens LaGrona Robinson Waters concurrence. Laughlin Roebuck The House proceeded to third consideration of HB 1953, PN 2441, entitled: An Act providing for grants to assist producers in purchasing or updating technology or equipment for irrigation and water conservation projects: providing for loans to assist producers in purchasing or updating technoloev which will increase oroductivitv or orovide entrance into new product karkets, establlshlng ihe ~~ncdrura'l Tcchnolog) Xsslstance Fund, prov~dlnp for powers and dut~es of the Depamnent of Apculhre, and making an appropriation CW Dailey Lawless Lederer Rohrer Rooney Wogan Dally Leh Ross Wojnaroski DeLuca Lexonu Rubley Wright Dermody Levdansky Ruffing Yewcic DeWeese Lucyk Sainato Youngblwd DiGimlamo Lynch Samuelson Yudichak Donatucci Maher Santoni Zimmerman Druce Maitland Sather ZUP Eachus Major Saylor Egolf Evans Manderino Mann Schrcder Schuler Ryan, Speaker Fairchild Markosek Will the House agree to the bill on third consideration? The SPEAKER. Is the gentleman, Mr. George, on the floor of the House? It is the understanding of the Chair that the gentlema Mr. George, withdraws his amendment. Will the House agree to the bill on thud consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three diierent days and agreed to and is now on fmal passage. The question is, shall the bill pass fmally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. NOT VOTING0 EXCUSED-7 Bebko-Jones Dempsey Gruitza Ramos Daley Cannon McGill The majority required by the Constitution having voted in the affumative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence. I

26 1872 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 * * * The House proceeded to third consideration of HB 1841, PN 2258, entitled: An Act reauirine the Deoartment of AmiculNre to enter into an agreement w~rh'the ~Gderal c;op Insurance C?orporat~un for the purpose of mak~ng payment, relanng to catastroph~c nhk protecrlon adm~n~suatl\e fees paidby producers of &cultural commodities Will the House agree to the bill on third consideration? The SPEAKER. The Chair recognizes the gentleman, Mr. Michlovic. Mr. Michlovic, do you have an amendment for 1841? Mr. MICHLOVIC. I did have amendments to that, and I am withdrawing them as well as the Daley amendments attached to that. Thank you. The SPEAKER. The Chair thanks the gentleman. Does the gentleman, Mr. George, withdraw his amendment? The Chair apologizes. The clerk will read the George amendment Will the House agree to the bill on third consideration? Mr. GEORGE offered the following amendment No. A3745: Amend Title, page 1, line 5, by removing the period after "commodities" ; and establishing Statewide and regional water resources advisory committees and a State water plan. Amend Sec. I, page 2, line 6, by inserting after "Prevention" and State Water Plan Amend Bill, page 3, by inserting between lines 28 and 29 Section 5. Statewide and regional water resources advisory committees. (a) Statewide Water Resources Advisory Committee.- (1) There is hereby established in the Depamnent of Environmental Protection a Statewide Water Resources Advisory Committee. The committee shall consist of the Secretary of Environmental Protection or his designee, who shall he chairperson; one member appointed by the Secretary of Environmental Protection from each regional advisory committee established pursuant to subsection (b); and I1 additional members appointed by the Secretary of Environmental Protection representing the interests of business and industry, energy and power, navigation, agriculture, environment and conservation, public water suppliers, labor, municipal governments and authorities, residential water users, recreation and fish and wildlife. In appointing these I I members, the Secretary of Environmental Protection shall seek a diverse geographic representation. (2) Of the members first appointed, six members appointed by the Secretary of Environmental Protection shall serve for a period of three years, five members shall serve for a period of two years and five members shall serve for a period of one year. Thereafter, each appointment shall he for a period of three years. All vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointments to provide equitable representation of groups and geographic areas. A member, upon expiration of the term, shall continue to hold office until a successor is appointed. (3) The advisory committee shall have an opportunity: (i) To advise the Depamnent of Environmental Protection in the preparation and development of the State water plan identified in section 6. (ii) To advise the Depamnent of Environmental Protection regarding drought-related issues, policies and programs. (b) Regional water resources advisory committees.-the Department of Ekronmental Protection shall establish a regional water resources advisorv committee for each maior basin that shall advise the Depamnent of Environmental Protection in the preparation and development of the State water plan with regard to their respective local and regional water resources needs, priorities and objectives. (c) Expenses and support services.-the committees' members shall serve without salary or compensation except for reimbursement by the Department of Environmental Protection for reasonable and necessary expenses incurred in connection with their duties as approved by the secretary. The Department of Environmental Protection shall also provide necessary administrative support services, budget and staff to the committees for the carrying out of their responsibilities under this section. Section 6. State water plan. (a) Preparation &d submission.-within three years of the effective date of this act, the Department of Environmental Protection shall prepare and submit with consultation from the Deoamnent of Amiculture an updated State water plan to the ~nviroimental ~uali6 Board for consideration and approval. The updated plan shall be prepared with the advice of and in consultation with the Statewide and Regional Water Resources Advisory Committees established pursuant to section 5, the Pennsylvania Emergency Management Agency, the Pennsylvania Public Utility Commission and with other local, regional and State agencies and organizations, as deemed appropriate by the Depamnent of Environmental Protection. (b) Contents.-The State water plan shall be a comprehensive plan for the immediate and long-range protection, conservation, utilization, evaluation, development, equitable disnibution and management of the water resources of this Commonwealth, consistent with the public interest and the preservation of the natural, scenic, historic and esthetic values of the environment. The State water plan shall include: (I) Identification of major water resources issues. (2) Analysis of identified issues. (3) That combination of policies, programs, institutional arrangements and recommendations that address the total water quantity needs and objectives of the Commonwealth and will guide the depamnent's actions in managing the water resources of this Commonwealth in the puhlic interest. (c) Factors to consider.-in developing the State water plan, the Depamnent of Environmental Protection shall consider the following factors: (I) Local and regional water resources needs, priorities and objectives. (2) National, State and interstate water resources policies and objectives, including those identified in legislation, regulations, compacts, interstate agr&ents or comprehen~ive plans adopted by Federal, State or basin commission agencies. (3) Identification of areas needing special protection. (4) The conjunctive use, development and management of water resources. (5) The application ofconservation practices and genmlly accepted water resource management and hydrologic principles, including the protection of instream flows and provision for consumptive use makeup. (6) The benefits, costs and economic, social and environmental impacts of alternative policies, programs, institutional arrangements and recommendations. (d) Periodic review and resubmission.-following initial approval of the State water olan bv the Environmental Oualitv.. Board. the Department of Environmental Protection shall review and resubmit the

27 1999 LEGISLATIVE JOURNAGHOUSE 1873 State water plan to the board at least every six years thereafrer in consultation with the Statewide and regional water resources advisory committees and others as deemed appropriate by the Depamnent of Environmental Protection and shall propose revisions as necessary or appropriate. (e) Publication.-She Depamnent of Environmental Protection shall publish in the Pennsylvania Bulletin public notice of the availability of the State water plan for review at the Depamnent of Environmental Protection's regional offices and shall accept public comment for a period of at least 30 days prior to submission or resubmission of the State water plan to the Environmental Quality Board. Amend Sec. 5, page 3, line 29, by striking out "5" and inserting 7 Amend Sec. 6, page 4, line 5, by striking out "6' and inserting 8 Will the House agree to the amendment? The SPEAKER. On the question of the adoption of the amendmen\ the Chair recognizes the gentleman, Mr. George. Mr. GEORGE. Mr. Speaker, it seems that on this very day, the members of this august body have acted very responsibly to problems that have become prevalent in this Commonwealth. I agreed to remove this amendment from a previous bill in that it was decided that it should have been one that would not have attachments. The matter which I bring to the attention of our colleagues, Mr. Speaker, is every bit as concernable and as important as the previous two bills in that this amendment provides for the establishment of a statewide water resources advisory committee within the Department of Environmental Protection, as well as a regional advisory committee for each major water basement; provides for the preparation and submission within 3 years of the effective date of this act, with consultation from the Department of Agriculture, an updated State water plan to the EQB (Environmental Quality Board) for consideration and approval. Mr. Speaker, this will do every bit as much as the previous two bills. It will not cost the State any money, and it will he the responsible way to handle this matter in that we will be proactive and not reacting to the droughts that will continue to befall us. I am asking that we accept this amendment, Mr. Speaker. Will the House agree to the amendment? Adolph Allen Argall Armstrang Baker Bard Barley Barrar Bastian Banisto Belardi Beifanti Benninghoff Birmelin Blaum Fargo Feex Fichter Fleagle Flick Forcier Frankel Freeman Geist George Giglioni Gladeck Godshall Gordner Grucela Habay Matsico Masland Mayernik McCall McGeehan Mcllham Mcllhinney McNaughton Melio Metcalfe Michlavic Micozie Miller, R. Miller, S. Mundy Myers Scrimenti Semmel Serarini Seyfen Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stairs Steelman Steil Stern Stetler Stevenson Boyes Browne ButkaviK Buxton Caltagirone Cappabianca Casorio Chadwick Cohen, L. I. Cohen, M. colafella Cornell Corrigan costa COY cw Dailev all; DeLuca Dermody DeWeese DiGirolamo Donatucci hce Eachus Egolf Evans Fairchild Haluska Hanna Harhai Hathan Hasay Hennessey Herman Hershey Hess Horsey Hutchinson Jadlawiec Josephs Kaiser Keller Kenney Kirkland Krebs bg10tta Laughlin Lawless Lederer Leh LescoviK Levdansky Lucyk Lynch Maher Maitland Major Manderino Mann Markosek Nailor Nickol O'Brien Oliver Orie Perzel Pesci Petrarca Pewone Phillips P~PPY Pistella PlattS Preston Raymond Readsham Reinatd Rieger Roberts Robinson Roebuck Rohrer Rwnev Ross Rubley Ruffng Sainato Samuelson Santoni Sather Saylot khroder Schuler NOT VOTINGO Soinmatter SNrla Surra Tangretti Taylor, E. 2. Taylor, I. llmmas Tigue Travaglio Trello Trich True Vance Veon Vitali Walko Waters Wogdn wolnaroski Wright Yewcic Youngblood Yudichak Zimmerman ZUg Ryan, Swaker Bebko-Jones Dempsey Gmita Ramos Daley Cannon McGill The majority having voted in the at&mative, the question was determined in the affirmative and the amendment was agreed to. Will the House agree to the bill on third consideration as amended? Bill as amended was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass fmally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. Adolph Fargo Marsico Scrimenti Allen Feex Masland Semel Argdll Fichrer Mayernik Serafini Armstrong Fleagle McCall Seyfert Baker Flick McGeehan Shaner Bard Forcier Mcllhamn Smith, B. Barley Frankel Mcllhinney Smith, S. H Bmar Freeman McNaughton Snyder Bartian Geist Melio Solobay

28 ~ The 1874 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 Banisto Belardi Belfanti Benninghoff Birmelin Blaum Boyes Bmwne Butkovie Buxton Caltagirone Cappabianca Casorio Chadwick Cohen. L. I. Cohen, M. Colafella Cornell Comgan costa COY curry Dailey Dally DeLuca Dermody DeWeese DiGirolamo Donatucci Druce Eachus Egolf Evans Fairchild GiiiGtti Gladeck Godshall Gordner Grucela Habay Haluska Hanna Harhai Harhan Hasay Hennessey Herman Hershey Hess Horsey Hutchinson Jadlowiec Josephs Kaiser Keller Kenney Kirkland Krebs Lacrotfa Laughlin Lawless Lederer Leh Lescovin Levdansky Lucyk Lynch Maher Maitland Major Manderino Mann Markosek Metcalfe Michlovic Micozzie Miller, R. Miller, S. Mundy MY^ Nailoi Nickol O'Brien Oliver Orie Penel Pesci Petrarca Peuone Phillips P~WY Pistella Platci Preston Raymond Readshaw Reinard Rieger Roberts Robinson Rcebuck Rohrer Rwney ROSS Rubley Ruffng Sainato Samuelson Santoni Sather Saylor Schmder Schuler NAYS-O NOT VOTING0 Staback Stain Steelman Steil Stem Stetler Stevenson Strimaner Sturla Sum Tangrefti Taylor, E. Z. Taylor, I. Tigue Travaglio Trello Trich True Vance Veon Vitali Walko Waters wow Wojnaroski Wright Yewcic Youngblmd Yudichak Zimmerman zug Ryan, Speaker Bebko-Jones Dempsey GruiQa Ramos Daley Gamon McGill The majority required by the Constitution having voted in the afhnative, the question was determined in the affirmative and the bill passed fmally. Ordered, That the clerk present the same to the Senate for concurrence. The House proceeded to thud consideration of SB 405, PN 1384, entitled: An Act orovidine a mechanism for oarents to confer uoon other persons the dower to Eonsent to medical and mental health c&e of their children; and regulating procedure. Will the House agree to the bill on third consideration? T The SPEAKER. It is the understanding of the Chair that the gentlern~ Mr. George, has withdrawn his amendment to this bill, SB 405. Will the House agree to the bill on thud 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? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. following roll call was recorded: Adolph Allen Argall Armstrong Baker Bard Barley BaIrar Bastian Banisto Belardi Belfanti Benninghoff Birmelin BLzum Boyes Browne Bukovin Buxton Caltagimne Cappabianca Casorio Chadwick Cohen, L. I. Cohen, M. Colafella Cornell corrigan Costa COY curry Dailey Dally DeLuca Dermody DeWeese DiGirolamo Donatucci Druce Eachus Egolf Evans Fairchild Fargo Marsico Feese Masland Fichter Mayemik FIeagle McCall Flick McGeehan Foxier Mcllhanan Frankel Mcllhimey Fmman McNaughton Geist Melio George Metcalfe Giglioni Michlovic Gladeck Micozzie Godshall Miller, R. Gordner Miller, S. Grucela Mundy Habay Myers Haluska Nailor Hma Nick01 Harhai O'Brien Harharl Oliver Hasay Orie Hennasey Perzel H e m Pesci Hershey Pemrca Hess Peuone Ho~y Phillips Hutchinson Jadlowiec Pippy Pistella Plans Josephs Preston Kaiser Raymond Keller Readshaw Kenney Reinard Kirkland Rieger Krebs Robens LaGmm Robinson Laughlin Roebuck Lawless Rohrer Ledcrer Rwney Leh ROSS Lescovib Rubley Levdansky Ruffing Luc~k Lynch Sainato Samuelson Maher Santoni Maitland Sather Major Saylor Mandenno Schroder Mann Schuler Markosek NAYS-O NOT VOTING4 w Scrimenti Semmel Sentfini Seyfert Shaner Smith, B. Smith, S. H Snyder Solobay Staback Stairs Steelman Steil Stem Stetler Stevenson Suitmatter Sturla r* Sum Tangretti Taylor, E. Z Taylor, J. Tigue Travaglio Trello Trich True Vance Veon Vitali Walko Waters Wow Wojnaroski Wright Yewcic Youngblwd Yudichak Zimmerman m Ryan, Speaker t

29 1999 LEGISLATIVE JOURNAGHOUSE 1875 EXCUSE>7 Bebko-Jones Dempsey Gruitza Ramos 7aIey Cannon McCill five hundred (S ) dollars, or to undergo an imprisonment of not more than ten days, or both, at the discretion of the court. Amend Sec. 2, page 4, line 22, by striking out "2" and inserting 3 The majority required by the Constitution having voted in the affirmative, the question was determined in the affimtive and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same with amendment in which the concumence of the Senate is requested. The House proceeded to third consideration of HB 236, PN 1750, entitled: An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for certain liability limits; and providing for notice of arrest for school or child-care service employees. Will the House agree to the bill on third consideration? BILL RECOMMITTED The SPEAKER. The Chair recognizes the majority leader. Mr. Speaker' I move that 236 On page Of today's calendar be recommitted to the Committee on Appropriations. Will the House agree to the motion? Motion was agreed to. * * * The House proceeded to third consideration of HB 1675, PN 2398, entitled: I Will the House agree to the amendment? The SPEAKER. On the question of the adoption of the amendment, the Chair recognizes Mr. George. Mr. GEORGE. Thank you, Mr. Speaker. Mr. Speaker, I believe this is an agreed-to amendment. It raises the fme on that situation from $100 to $200, and I think we are in agreement on it. I would ask that we would accept the amendment. The SPEAKER. The Chair thanks the gentleman. On the question- Mr. Battisto, are you on the question of the amendment or final passage? Mr. BATTISTO.-On the amendment; yes. The SPEAKER. The Chair apologizes. The gentleman is recognized. Mr. BATTISTO. I iust want to confirm the fact that this is an agreed-upon amendment. We support it. The SPEAKER. Well, how do you confm it? I am not- Mr. BATTISTO. I am sow, Mr. Speaker? The SPEAKER. I am not sure how you confirm it. Mr. BATTISTO No; no. Mr. George said it is an agreed-upon amendment. I just wanted to agree -that it is an agreed-upon amendment. The SPEAKER. Oh. The Chair apologizes to thegentleman. Mr. Gladeck. Mr. GLADECK. Yes, MI. Speaker, it is in fact an agreed-upon amendment. Thank you. The SPEAKER. The Chair thanks the gentleman. Will the House agree to the amendment? An Act amending the act of May 13, 1915 (P.L.286, No.177). known as the Child Labor Law, further providing for employment of children at establishments where alcoholic beverages or malt liquor is sold. Will the House agree to the bill on third consideration? Mr. GEORGE offered the following amendment No.,43858: Amend Bill, page 4, by inserting between lines 21 and 22 Section 2. Section 23 of the act, amended December 21, 1988 (P.L.1908, No. 192), is amended to read: Section 23. Any person, or any agent or manager for any person, who shall violate any of the provisions of this act, or who shall compel or permit any minor to violate any of the provisions of this act or who shall hinder or delay any officer in the performance of his duty in the tnforcement of this act, shall, upon conviction thereof, be sentenced to pay a fine, for a first offense, of not less than [one hundred ($100.00)] two hundred ($200.00J dollars nor more than [three hundred (S300.00)] four hundred ($400.00) dollars, and, on a subsequent offense, to pay a fine of not less than [two hundred fifty ($250.00)] seven hundred firy dollars nor more than [one thousand ($1,000.00)] one thousand Adolph Allen Arll Armstrong Baker Bard Barley Bmar Bastian Battisto Belardi Belfanti Beminghoff Birmelin Blaum Boyes Broune Butkovitz Buxton Caltagirone Cappabianca Casono Chadwick Fargo Feese Fichter Fleagle Flick Forcier Frsnkel Freeman Geist George Cigliotti Gladeck Gcdshall Cordner Cruceia Habay Haluska Han* Harhai Harban Hasay Hennessey Herman Henhey Hess Horsey Hutchinsan Marsico Masland Mayemik McCall McCeehan Mcllhattan Mcllhinney McNaughton Melio Metcalfe Michlavic Micouie Miller, R. Miller, S. Mundy Myen Nailor Nickol O'Brien Oliver Orie Penel Pesci Petma Peuone Phillips P~PPY Scrimenti Semmel Serafini Seyfert Shaner Smith, 0. Smith, S. H. Snyder Solobay Staback Stairs Steelman Steil Stem Stetler Stevenson Smmnaner Srurla Sun Tangreni Taylor, E. Z. Taylor, J. Tigue Travaglio -110 T"ch

30 1876 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 Civea Cohen, L. I. Cahen, M. Calafella Cornell Corrigan costa COY Cuv Dailey Dally DeLuca D ~ & Y DeWeese DiGirolamo Danatucci hce Eachus Egolf Evans Fairchild Jadlowiec Pistella Plans Josephs Preston Kaiser Raymond Keller Readshaw Kenney Reinard Kirkland Rieger Krebs Roberts LaGrona Robinson Laughlin Roebuck Lawless Rohrer Lederer Rmney Leh Ross Lescovitr Rubley Levdansky Ruffing Lucyk Sainato Lynch Samuelson Maher Santoni Maitland Sather Major Saylor Manderino Schroder Mam Schuler Markowk NOT VOTING-O True Vance veon Vitali Walka Waters wogan Wojnaroski Wright Yewcic Youngblood Yudichak Zimmerman zug Ryan, Speaker Buxton Calta$rone Cappahianca Casoria Chadwiek Cohen, L. I. Cohen, M. Colafella Cornell corn@ costa COY curry Dailey Dally DeLuca Dermody DeWeese DiGirolamo DonaNcci D~ce Eachus Egolf Evans Fairchild Hasay Hennessey Herman Heishey Hess Horsey Hutchinson Jadlowiec Joxphs Kaiser Keller Kenney Kirkland Krebs LaGrona Laughlin Lawless Lederer Leh LescoviQ Levdansky Lucyk Lynch Maher Maitland Major Manderino Mann Markoxk Orie Perzel Pesci Petrarca Peuone Phillips Pippy Pistella Plans Preston Raymond Readshaw Reinard Rieger Roberts Robinson Roebuck Rohrer Rmney Ross Rubley Ruffing Sainato Samuelson Santuni Sather Saylor Schroder Schuler True Vance Veon Vitali Waiko Waters wogan Wojnaroski Wright Yewcic Youngblmd Yudichak Zimmerman zug Ryan, Speaker P Bebko-Jones Daley D~~PWY Gannon Gruitza McGill Ramos NOT VOTING-O The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. Will the House agree to the bill on third consideration as amended? Bill as amended was agreed to. The SPEAKER This bill has been considered on three dierent days and agreed to and is now on fml passage. The question is, shall the bill pass fmlly? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. Adolph Fargo Marsico Scrimenti Allen Feffe Masland Semmel -1 Armstrong Fichter Fleagle Mayemik McCall Serafini Seyfen Baker Flick McGeehan Shaner Bard Barlev Forcier Fdel Mcllhattan Mcllhinnev Smith, B. Smith. S. H Banar Bastian Banisto klardi Belfanti Benninghoff Birmelin Blaum Boyes Browe Butkovitz Freeman Getst George Grgl~om Gladeck Godshall Gordner Giucela Habay Haluska Hanna Harhal Harhan ~c~aughbn Melio Metcalfe Michlavic Micoaie Miller, R. Miller, S. Mundy Myen Nailor Nickol O'Brien Oliver ~nyde; Solobay Staback Stain Steelman Steil Stem Stetler Stevenson SmItmann Sturla Sum Tangreui Bebka-Jones Dempsey Gruitra Ramos Daley Gannon McGill 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. REMARKS SUBMITTED FOR THE RECORD The SPEAKER. For what purpose does the lady, Mrs. Miller, rise? Mrs. MILLER. Mr. Speaker, for purposes of submitting remarks for the record. The SPEAKER. Oh, they are welcome, Mrs. Miller. Please send them to the desk. Mrs. MILLER submitted the following remarks for the Legislative Journal: The Agriculture Disaster Prevention Act calls on the State Department of ~~ricuiture to pick up 75 percent or $45 of the cost of ~ed;ral crop insurance for Commonwealth fanners to ensure thevreceive at least some level of return if their crops are wiped out by droughts or floods. Many Pennsylvania farmers are still trying to recover from the damage done by this year's drought. Buying crop insurance for future protectionw against devastating droughts is probably the farthest thing from their minds at the present time. But as we in the General Assembly act on the legislative assistance package currently moving through the House, provisions must be made

31 LEGISLATIVE JOURNAGHOUSE to help farmers protect their crops for future growing seasons and to encourage them to make this an annual risk management tool. Helping farmers recover hom this year's drought and preparing for 'uture disasters is important because when crops are damaged, the State's iood supply is threatened, as is the stability of the agricultural industry as a whole. Agculture is the number one industry in our Commonwealth, and our farmers need and deserve this kind of sudoon... HB 1841 authorizes the Department of Agriculture to enter into an agreement with the Federal Crop Insurance Corporation (FCIC) that would allow the State to cover 75 percent of the catastrophic risk protection premium per crop for farmers. Catastrophic risk is the most basic level of crop insurance available and currently costs farmers about $60 per crop per county. There are about active croo insurance ~olicies in Pennsylvania. coverine, -- iust 30 percent of insurable acreage. -he Federal crop insurance program is a wholly owned government cornoration administered by the Risk Manaeement - Asencv -. within the U.S. Department of Agriculture. Policies are offered through private insurance companies. This legislation is supported by the Pennsylvania Farm Bureau, Pennsylvania State Grange, and the Pennsylvania Farmers Union. BLLL ON THIRD CONSIDERATION The House proceeded to third consideration of HB 1601, PN 2030, entitled: An Act amending the act of January 14, 1952 (1951 P.L.1898, No.522), known as the Funeral Director Law, further providing for licenses. Will the House agree to the bill on third consideration? Belfanti Benninghoff Binnelin Blaum Boyes Browne Butkovie Buxton Caltagirotte Cappabianca Casorio Chadwick Civcm Cohen, L. I. Cohen, M. Colafella Comell Corrigan costa COY curry Dailey Dally DeLuca Dermody DeWeese DiGirolmo Donatucci hce Eachus Egolf Evans Fairchild Gladeck Godshall Gordner Grucela Habay Haluska Hanna Harhai Harhan Hasay Hennessey Herman Hershey Hess H a y Hutchinson Jadlowiec Josephs Kaiser Keller Kenney Kirkland Krebs LaGrotta Laughlin Lawless Lederer Leh Lescovitz Levdansky Lucyk Lynch Maher Maitland Major Mandcrino Mano Markosek Micouie Miller, R. Miller, S. Mundy Myen Nailor Nickol O'Brien Oliver Orie Penel Pesci Petrarca Petrane Phillips pimy Pistella Plans Preston Raymond Readshaw Reinard Rieger Roberts Robinson Roebuck Rohrer Rooney Ross Rubley Ruffing Sainata Samuelson Santoni Sather Saylor Schroder Schuler Steelman Steil Stem Stetler Stevenson Smmatter SNrla Surra Tangretti Taylor, E. Z Taylor, J. Tigue Travaglio Trello Trich True Vance Veon Vitali Walko Waters Worn Wojnaroski Wright Yewcic Youngblwd Yudichak Zimmerman zug Ryan, Speaker The SPEAKER. The Chair recognizes the gentleman, Mr. Rohrer, who offers amendment 3838, which the clerk will now read. The clerk will suspend. The gentleman indicates those amendments are withdrawn. Bebko-Jones Daley NOT VOTING4 Will the House agree to the hill on third consideration? Bill was agreed to. The SPEAKER This bill has been considered on three diierent 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. Adolph Allen kail 4nnsmng daker Bard Barley Barrar Bastian Battisto Belardi Fargo Few Fichter Fleagle Flick Farcier Frankel Freeman Geist George Giglioni Marsico Masland Mayemik McCall McGeehan Mcllhatran Mcllhinney McNaughton Melio Metealfe Michlovic Scrimenti Semmel Seraiini Seyfert Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stairs The majority required by the Constitution having voted in the affirmative, the question was determined in the affumative and the bill passed fmaliy. Ordered, That the clerk present the same to the Senate for concurrence. BILL ON CONCURRENCE IN SENATE AMENDMENTS TO HOUSE AMENDMENTS The House proceeded to consideration of concurrence in Senate amendments to House amendments to SB 392, PN 1417, entitled: An Act amending the act of December 5, 1980 (P.L. 1107, No.l90), entitled The Philadelphia Municipal Courf Fee Law, increasing the fee for initial service of process. Will the House concur in Senate amendments to House amendments?

32 1878 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 The SPEAKER. On that question, the gentleman, Mr. Lescovitz, on that question. Mr. LESCOVITZ. Thank you, Mr. Speaker. Will the majority leader stand for bief interrogation on this legislation or the Appropriations chairman? The SPEAKER. The maioriw leader indicates he will stand for < - interrogation. You may begin. Mr. LESCOVITZ. Thank you, Mr. Speaker. It looks like the Senate took out the provision on where the money would be spent for the fee increase, which is going from $15 to $27. My question is, do we have any idea why the Senate took out the protection for the court-systems section of this legislation or is there some other reason, or where are they going to spend this fee increase in the court systems in Philadelphia? The SPEAKER. Mr. Perzel. The House will be momentarily at ease. The Chair recognizes the gentleman. Mr. LESCOVITZ. Thank you, Mr. Speaker. The section of the bill that was taken out was clarified by a staff person, and I do not need that question answered by the majority leader at this time. The SPEAKER. The Chair thanks the gentleman. Will the House concur in Senate amendments to House amendments? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. YEAS-156 Adolph Feese McCall Smith, B. Allen Fichter McGeehan Snyder Argall Fleagle MelUlinney Solobay Baker Flick McNauehton Staback Bard Barley Frankel Freeman Melio Michlovic Barrar George Micouie Battisto Gigliotti Miller, R. Belardi Gladeck Mundy Belfanti Godshall Myers Benninghoff Grucela Nickol Haluska O'Brien Blaum Hanna Oliver Harhai Perzel Bukovia Hennessey Pesci Buxton Herman Petrama Caltagimne Hershey Pernone Cappabianca Hess Phillips Horsey Pimy Pistella Civem Josephs Plans Kaiser Preston Cohen, L. I. Keller Raymond Cohen. M. Kmev Readshaw ~olafeila ~irklkd Reinard Comell Kmbs Rieger Orrigan LaGrotta Roberts costa Laughlin Robinson COY Lederer Roebuck cuny Lescovitr Rwney Dailey Levdansky ROSS DeLuca Lucyk Rubley Dermody DeWeese DiGirolamo Maitland Major Manderina Ruffing Sainato Santoni Donamcci Mann Schroder Dmce Markosek Sehuler - Stain Steelman Steil Stetler Stevenson Sturla Sum Tangreni Taylor, E. Z. Taylor, J. Tigue Travaglio Trello Trich Tme Vance Vmn Virali Walko Waters Wogan Wojnaroski Wright Yewcic Youngbld Yudichak Zimmerman I Eachu~ Marsico Semmel Ryan, Evans Masland Shaner Speaker Fairchild Mayemik Armstrony: Fargo Leh Sather Bastian Forcier Lynch Saylor Birmelin Geist Maher Scrimenti Boyes Gordner Mcllhattan Serafini Browne Habay Metcalfe SevfeR Casorio ~arh&t Miller, S. smith, S. H Chadwick Hasay Nailor Stem Hutchinson Orie Suitmatter Dally Jadlowiec Rohrer Egolf Lawless Samuelsan 2% NOT VOTING-O Bebko-Jones Dempsey Gruitza Ramos Daley Gannon McGill The majority required by the Constitution having voted in the a-tive, the question was determined in the affimlative and the amendments to House amendments were concurred in. Ordered, That the clerk inform the Senate accordingly. RULES COMMITTEE MEETING The SPEAKER The Chair recognizes the majority leader, who calls for an immediate meeting of the Rules Committee at the J majority leader's desk. BILL ON CONCURRENCE REPORTED FROM COMMITTEE HB 148, PN 2489 By Rep. PERZEL An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, authorizing county appropriations for the observance of Flag Day; further providing for payments to historical societies; providing for convention center facilities in counties of the third class, for creation of convention center authorities and defining their powers and duties; authorizing a hotel room rental tax; and making a repeal. RULES. RESOLUTION Mr. BAKER called up HR 176, PN 1722, entitled: A Concurrent Resolution expressing the sense of the General Assembly with respect to the coverage of individuals under long-term care insurance. Will the House adopt the resolution?

33 LEGISLATIVE JOURNALHOUSE RESOLUTIONS PURSUANT TO RULE 35 Adolph 411en ugall Armstrong Baker Bard Barley Barrar Bastian Banisto Belardi Belfanti Be~inghoff Birmelin Bishoa Boyes Browne ButkoviQ Buxton Caltapirone Cappabianca Casorio Chadwick Cohen, L. I. Cohen, M. Colafella Comell Comgan Costa -Y :uny Dailey Dally DeLuca Demcdy DeWeese DiGirolamo Donatucci hce Eachus Egolf Evans Fairchild Bebko-Jones Daley Fargo Feese Fichter Fleagle Flick Forcier Frankel Freeman Geist George Gigliani Gladeck Godshall Gordner Grucela Habay Haluska Hanna Harhai Harhan Hay Hennessey Herman Hershey Hess Horsey Hutchinson Jadlowier Josephs Kaiser Keiler Kenney Kirkland Krebs LaGmtta Laughlin Lawless Lederer Leh LescaviQ Levdanse Lucyk Lynch Mahei Maitland Major Manderina Mann Markosek Dempsey Cannon Marsico Masland Mayemik McCall McGeehan Mcllhattan Mcllhinney McNaughton Melio Metcalfe Michlovic Micovle Miller, R. Miller, S. Mundv Myerf Nailor Nickol O'Brien Oliver One Perzel Pesci Petrarca Petrone Phillips Pippy Pistella Plans Preston Raymond Readshaw Reinard Rieger Roberts Robinson Roebuck Rohrer Rooney Ross Rubley Ruffing Sainato Samuelson Santoni Sather Saylor Schroder Schuler NOT VOTING4 Grditza Mffiill Scrimenti Semmel Smfini Seyfen Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stairs Steelman Steil Stem Stetler Stevenson Snittmatter SNrla sm Tangreni Taylor, E. 2. Taylor, J. Tigue Travaglio Trello Trich True Vanee Veon Vitali Walko Waters WOW Wojnaroski Wright Yewcic Youngblwd Yudichak Zimmerman zug Ryan, Speaker Ramos Ms. STEELMAN called up HR 287, PN 2501, entitled: A Resolution recognizing October 1999 as "Local Chamber of Commerce Month" in Pennsylvania. Will the House adopt the resolution? Adolph Allen Argall Armstrong Baker Bard Barley Barrar Bastian Banisto Belardi Belfanti Benninghoff Bimelin Blaum Boyes Browne ButkaviQ Buxtan Caltagirone Cappabianca Casorio Chadwick Cohen, L. I. Cohen, M. Colafella Cornell comgan Costa COY c q Dailey Dally DeLuca Demody DeWeese DiGimlamo Donatucci hce Eachus Egolf Evans Fairchild YEAS196 Fargo Marsico Feese Masland Fichter Mayemik Fleagle McCall Flick McGeehan Forcier McIlhattan Frankel Mcllhinney Freeman McNaughton Geist Melia George Metcalfe Gigliotti Michlovic Gladeck Micovle Gadshall Miller, R. Gordner Miller, S. Grucela Mundy Habay Myers Haluska Nailor Hanna Nickol Harhai O'Brien Harhart Oliver Hasay Orie Hennessey Pael Herman Pesci Hershey Petrarca Hess Pehone Horsey Phillips Hutchinson Pippy Jadlowiec Pinella Platts Josephs Preston Kaiser Raymond Keller Readshaw Kenney Reinard Kirkland Rieger Krebs Roberts LaGrotta Robinson Laughlin Roebuck Lawless Rohrer Lederer Rwney Leh ROSS LescoviQ Rubley Levdansky Rufting Lucyk Sainato Lynch Samuelson Maher Santoni Maitland Sather Major Saylor Manderino Schroder Mann Schuler Mark0sek Scrimenti Semmei Serafini Seyierr Shaner Smith, B. Smith, S. H. Snyder Solobay Staback stairs Steelman Steil Stem Stetler Stevenson Suimnaner Sturla Surra Tangreni Taylor, E. Z. Taylor, I. Tigue Travaglio Trello Trich True Vance Veo" Vitali Walko waters Wow Wojnaroski Wright Yewcic Youngblwd Yudichak Zimmerman zug Ryan, Speaker The majority of the members elected to the House having voted in the affmative, the question was determined in the affirmative md the resolution was adopted. Ordered, That the clerk present the same to the Senate for concurrence. Bebko-Jones NOT VOTING0 Dempsey Gmim Gannon McGill Ramos

34 1880 LEGISLATIVE JOURNAkHOUSE OCTOBER 26 The majority having voted in the affirmative, the question was determined in the affmtive and the resolution was adopted. I EXCUSES7 Eebko-Jones Dem~sev h i m Ramos Mr. RAMOS called up HR 290, PN 2504, entitled: I The majority having voted in the affirmative, the question was, A Resolution recognizing September 15 through October 15, 1999, as "Hispanic Herifage Mnnthh in Penn~ulv~nin determined in the affirmative and the resolution was adopted. Will the House adopt the resolution? Mrs. TAYLOR called up HR 294, PN 2508, entitled: A Resolution designating the month of November 1999 as "Home Health Care Month" in Pennsylvania. Adolph Fargo Marsico Scrimenti Allen Feex Masland Semmel ATgalI Fichter Mayemik Serafini Armstrong Fleagle McCall Seyfen Baker Flick McGeehan Shaner Bard Forcier Mcllhauan Smith, B. Barley Frankel Mcllhinney Smith, S. H. Barn Freeman McNaughton Snyder Bastian Geist Melio Solobay Banisto George Metcalfe Staback Belardi Giglioni Michlovic Stairs Belfanti Gladeck Micowie Steelman Beminghoff Gadshall Miller, R. Steil Birmelin Gordner Miller, S. Stem Gmcela Mundy Stetler Blawn Habay Myers Stevenson Boyes Haluska Nailor Sttimatter Brawe Hanna Nickol Sturla Harhai O'Brien Sum ButkoviQ Harhan Oliver Tangreni Buxton Hasay Orie Taylor, E. Z. Caltagimne Hennesxy Perzel Taylor, J. Cappabianca Herman Pesci Hershey Petrarca Tip Casorio Hesa Peuone Travaglio Horsey Phillips Trello Chadwick Hutchinson Pippy Trich Jadlowiec Pistella True Plans Josephs Preston Vance Cohen, L. I. Kaiser Raymond Cohen, M. Keller Readshaw Veon Colafella Kenney Reinard Vitali Comell Kirkland Riegei Walk0 Conigan K~ebs Robens corn LaGmtta Robinson Warn COY Laughlin Roebuck CUT Lawless Rohrer Dailey Lederer Rwney Wow Dally Leh Ross Wojnaroski DeLuca Lescovin Rubley Wright D ~ & Y Levdansky Rufting Yewcic DeWeese Lucyk Sainato Youngblood Yudichak DiGirolamo Lynch Samuelson DonaNcci Maher Santoni Zimmerman Druce Eachus Maitland Major Sather Saylor Egolf Manderino Schmder Evans Mann Schuler zug RY~R Speaker Fairchild Markoxk NOT VOTING4 I Will the House adopt the resolution? 1 Adolph 51 Armstmng Baker Bad Barley Barrar Bastian Battisto Belardi Belfanti Benninghoff Birmelin Blaum Boyes Brow ButkoviQ Buxton Caltagirone Cappabianca casorio Chadwick Cahen, L. I. Cohen, M. Colafella Comell corrigan Costa COY cuny Dailey Dally DeLuca Dermody DeWeese DiGirolamo Donatucci Druee Eachus Egolf Evans Fairchild Fargo Feese Fichter Fleagle Flick Fonier Frankel Fneman Geist George Giglioni Gladeck Godshall Gardner GNcela Habay Haluska Hanm Harhai Harhart Hasay Hennessey Herman Henhey Hess Horsey Hutchinson Jadlowiec Josephs Kaiser Keller Kemey Kirkland Krebs LaGrotta Laughlin Lawles Lederer Leh Lescavitz Levdansky Lucyk Lynch Maher Maitland Major Manderino Mann MaIk0sek Marsico Masland Mayemik McCall McGeehan Mcllhattan Mcllhinney McNaughton Melio Metcalfe Michlovic Micoaie Miller, R. Miller, S. Mundy Myers Nailor Nickol O'Brien Oliver Orie Peml Pesci Petrarca Peuone Phillips Pippy Pistella Platta Preston Raymond Readshaw Reinard Rieger Roberts Robinson Roebuck Rohrer Rmey Ross Rubley Ruffing Sainato Samuelson Santoni Sather Saylor Schroder Schuler Scrimenti Semmel Serafini Seyfen Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stairs Steelman Steil Stem Stetler Stevenson Sttimnaner Sturla Surra Tangreni Taylor, E. 2. Taylor, J. Tigue Travaglio Trello Tririch True Vance Vean Vitali Wako Waten Wogan Wojnaroski Wright Yewcic Youngblood Yudichak Zimmerman zug Ryan, Speaker Ur w

35 1999 LEGISLATIVE JOURNAGHOUSE 1881 NAYS0 NOT VOTING4 Eachus Major Saylor Egolf Manderino Schroder Ryan, Evans Mann Schuler Speaker Fairchild Markosek NAYW Bebko-Jones Dempsey Gmitza Ramos Daley Cannon McGill The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted. * * * Mrs. TAYLOR called up HR 295, PN 2509, entitled: A Resolution designating November 1999 as "National Diabetes Month" in Pennsylvania. Will the House adopt the resolution? Adolph Allen Argall Armmong Baker Bard Barley Barn Bastian Banisto Belardi Belfanti Bminghoff Birmelin Blaum Bayes Browne ButkoviQ Buxton Caltagimne Cappabianca Casorio chadwick Cohen, L. 1. Cohen, M. Colafella Cornell Couigan Costa COY cw Dailey Daily DeLuca Dmody DeWeese DiGirolamo DanaNcci DNC~ Fargo Feese Fichter Fleagle Flick Forcier Frankel Freeman Geist George Gigliotti Gladeck Godshall Gordner G~eela Habay Haluska Hanna Harhai Harhart Hasay Hennessey Herman Hershey Hess Horsey Hutchinson Jadlawiec Josephs Kaiser Keller Kenney Kirkland Krebs LaGr0na Laughlin Lawless Lederer Leh Lescovia Levdansky Lucyk Lynch Maher Maitland YEAS196 Marsico Masland Mayemik McCall McGeehan Mcllhanan Mcllhinney McNaughton Melio Metcalfe Michlovic Micoaie Miller, R. Miller, S. Mundy Myers Nailar Nickol O'Brien Oliver Orie Perzel Pesci Petrarca Pemne Phillips P~PPY Pistella Platts FTeston Raymond Readshaw Reinard Rieger Roberts Robinson Roebuck Rohrer Rooney Ross Rubley Rufiing Sainato Samuelson Santoni Sather Scrimenti Semmel Serafini Seyfert Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stairs Steelman Steil Stem Stetler Stevenson Smmnaner S~rla Surra Tangreni Taylor, E. Z. Taylor, J. Tigue Travaglio Trello Trich True Vance Veon Vitali Walko Waters Wogan Wojnaroski Wright Yewcic Youngblwd Yudichak Zimmerman zug I I I NOT VOTING4 EXCUSEW7 ~ ~ D~~~~~~ b k GmiQa ~ ~ Ramos ~ ~ ~ Daley Gannon McGill The majority having voted in the affmative, the question was determined in the affirmative and the resolution was adopted. Mr McCALL called up HR 296, PN 2510, entitled: A Resolution declaring October 25 through 31, 1999, as "Massage Therapy Week" in Pennsylvania. Will the House adopt the resolution? Adolph Allen Armstrong Baker Bard Barley Barrar Bastian Banisto Belardi Belfanti Bminghoff Birmelin Blaum Boyes Browne ButkoviQ Buxton Caltagimne Cappabianca cas0ri0 Chadwick Cohen, L. I. Cohen, M. Colafella Cornell Corrigan Costa COY cvrry Dailey Dally DeLuca Fargo Feese Fichter Fleagle Flick Forcier Frankel Freeman Gein George Giglioni Gladeck Godshall Gordner Gmcela Habay Haluska Hanna Harhai HaIhan H=Y Hennessey Herman Hershey Hess Horsey Hutchinson Jadowiec Josephs Kaiser Keller Kenney Kirkland Krebs LaGrotta Laughlin Lawless Lederer Leh Lescovitz Marsico Masland Mayemik McCall McGeehan Mcllhatfan Mcllhinney McNaughton Melio Metcalfe Michlovic Micozzie Miller, R. Miller, S. Mundy Myen Nailor Nickol O'Brien Oliver Orie Perzel Pesci Petrarca Peuone Phillips P~WY Pistella Platts Preston Raymond Readshaw Reinard Rieger Roberts Robinson Roebuck Rohrer Scrimenti Semmel Serafini Seyfert Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stairs Steelman Steil Stem Stetler Stevenson Suimnaner Sturla sum Tangreni Taylor, E. Z. Taylor, J. momas Tigue Tmvaglio Trello Trich True Vance Vmn Vitali Walko Waters Wogan Wojnaroski Wright

36 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 Dermody DeWeese DiGirolamo Donatucci Dmce Eachus Egolf Evans Fairchild Levdansky Lucyk Lynch Maher Maitland Major Manderino Mann Markosek Rufling Sainato Samuelson Santoni Sather saylor Schroder khuler NOT VOTING4 Yewcic Youngbid Yudichak Zimmennan zug Ryan, S~eaker Bebko-Jones Dempsey Gruitza Ramos Daley Cannon McGill The majority having voted in the affmtive, the question was determined in the affirmative and the resolution was adopted. BILL ON THIRD CONSIDERATION The House proceeded to third consideration of HB 882, PN 956, entitled: An Act amending the act of December 2, 1992 (P.L.741, No.1131, known as the Children's Health Care Act further providing for loan forgiveness for primary health care practitioners. Buxton Caltagirane Cappabianca Casorio Chadwick Cohen, L. I. Cohen. M. Colafella Comell comgan Costa CUrrY Diuley Dally DeLuca Dermody DeWeese c22r Hasay Hennessey Herman Hershey Hess Horsey Hutchinson Jadlowiec lames Jasephs Kaiser Keller Kenney Klrkland Kmbs LaGmtta Laughlrn Lawless Lederer Leh Lescovlu Levdansky Lucvk LG~ Orie Taylor, E. 2. Peml Taylor. J. Pesci Pemrca Tigue Peuone Travaglio Phillips mllo P~WY Pistella rich True e Plam Preston Vance Raymond Readshaw Veon Reinard Vitali 1 Rieger Robens Robinson Raebuck ROhIeI Rooney Ross Rubley Rufling Sainato Walko Waters wow W0jnarorki Wright Yewcic Younxbld Samuelson ~udichak Maher Santuni Zimmerman Druce Maitland Sather zug Eachus Major Saylor Egolf Manderino Schroder Ryan, Evans Mann khuler Speaker Fairchild Markosek NAYS4 NOT VOTING4 EXCUSES7 Bebko-Jones Dempsey Gruitza Ramos Will the House agree to the bill on third consideration? Daley Cannon McGill J Mr. LAWLESS offered the following amendment No. A3872: The major@ having voted in the affumative, the question was Amend Sec. 1 (Sec. 1303), page 2, by inserting between lines 18 determined in the affirmative and the amendment was agreed to. and 19 Jvi) An individual who is licensed to practice on the question, optometw in this Commonwealth. Will the House agree to the amendment? Adolph Fargo Mmieo krimenti Allen Feese Masland Semmel Fichter Mayemik Serafini Armsuong Fleagle McCall Seyfen Baker Flick MeGeehan Shaner Bard Forcier McIlham Smith, B. Barlev Frankel Mcllhinnev Smith. S. H ~arr& Bastian Banisto Belardi Belfanti Bminghoff Birmelin Blaum Boyes Browne Butkovitz Freeman Geia George Gigliorti Gladeck Godshall Gordner Grucela Habay Haluska Hanna Harhai Harhan ~c~aughion Snyder Melio Solobay Metcalfe Staback Michlovic Stairs Micozzie Steelman Miller, R. Steil Miller, S. Stem Mundy Stetler Myers Stevenson Nailor Strittrnatter Nick01 Sturla O'Brien Sum Oliver Tangretti Will the House agree to the bill on third consideration as amended? Bill as amended was agreed to. The SPEAKER This hill has been considered on three different 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. Adolph Fargo Marsico Scrimenti Allen Feese Masland Semmel &gall Fichter Mayemik Serafini Annnrong Baker Fleagle Flick McCall McGeehan &yfm Shaner Bard Forcier Mcllhanan Smith, B. Barley Frankel Mcllhinney Smith, S. H. B m Freeman McNaughton Snyder u, Bastian Geirt Melio Solobay Banisto Geow Metcslfe Staback Belardi Gigliotti Michlovic Stain Belfanti Gladeck Micozrie Steelman Benninghaff Godshall Miller, R. Steil

37 Birmelin Blaum Boys Browne Bukovitz Buxton Caltagironrone Cappabianca Casorio Chadwick Cohen, L. I. Cohen, M. Colafella Cornell comgan Costa COY cw Dailey Dally DeLuca Dermcdy DeWeese DiGirolamo hnatucci Druce Eachus Egolf Evans Fairchild Bebko-Jones Dale" - ~- ~- Gordner Miller, S. Gmcela Mundy Habay Myen Haluska Nailor Hanna Nickol Harhai O'Brien Harhan Oliver Hamy Chie Hennessey Pmel Heman Pesci Henhey Petrarca Hess Petrone Horsey Phillips Hutchinson Pippy Jadlowiec Pistella Plans losephs Preston Kaiser Raymond Keller Readshaw Ketmey Reinard Kirkland Rieger Krebs Roberts LaGrotta Robinson Laughlin Roebuck Lawless Rohrer Lederer Rwney Leh Ross Ler0vi~ Rubley Levdansky RuRlng Lucyk Sainato Lynch Samuelson Maher Santoni Maitland Sather MaJor Saylor Manderino Schrcder Mann Schuler Markasek Dempsey Gannon NOT VOTING4 Gluina McCill LEGISLATIVE JOURNALHOUSE Stem Stetler Stevenson Stritunatter Sturla Sum Tangreni Taylor. E. Z Taylor, J. Tigue Travaglio Trello Trich True Vance Veon Vitali Walko Waters wow Wojnaroski Wright Yewcic Youngblwd Yudichak Zimmerman zug Ryan, Speaker 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. BILLS RECOMMITTED The SPEAKER. The Chair recognues the majority leader. Mr. PERZEL. Mr. Speaker, I move that HB 461 and HB 1981 be recommitted to the Committee on Appropriations. Will the House agree to the motion? Motion was agreed to. RULES SUSPENDED The SPEAKER. The Chair turns to House calendar supplemental A and recognizes the gentleman, Mr. Perzel. Mr. PERZEL. Mr. Speaker, I move that the rules of the House be suspended to permit the immediate consideration of HB 148 on concurrence in Senate amendments. Will the House agree to the motion? Adolph Allen Argall Baker Bard Barley B m Bastian Battisto Belardi Belfanti Beminghoff Bimelin Blaum Boyes Browe Butkovitz Buxton Caltagirone Cappabianca casario Chadwick Cohen, L. I. Cohen, M. Colafella ell comgan costa COY curry Dailey MY DeLuca Dermcdy DeWeese DiGirolamo Donatucci Druce Eachus Egolf Evans Fairchild Fargo Feese Fichter Fleagle Flick Forcier Frankel Freeman Geisr George Gigliom Gladeck Godshall Gordner Gmcela Habay Haluska Harhai Harhan Hasay Hennessey Herman Hershey Hess Horsey Hutchinson Jadlowiec Josephs Kaiser Keller Kenney Kirkland LaGrona Laughlin Lawless Lederer Leh Lescovia Levdansky Lucyk Lynch Maher Maitland Major Manderino Mann Markosek Marsico Masland Mayemik McCall McGeehan Mcllhanan Mcllhimney McNaughton Melio Metcalfe Michlovic Micoaie Miller, R. Miller, S. Mundy Myen Nailor Nickol O'Brien Oliver Chie Perzel Pesci Pemrca Petrone Phillips P~PPY Pistella Preston Raymond Readshaw Reinard Rieger Roberts Robinson Roebuck Rohrer Rwney Ross Rubley Ruffing Sainato Samuelson Santoni Sather Saylor Schroder Scrimenti Semmel Seyfen Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stain Steelman Stem Stetler Stevenson Sturia Sma Tangretti Taylor, E. Z. Taylor, J. Tigue Tavaglio Trello Trich Vance veon Vitlli Walka Waters Wow Wojnaroski Wright Yewcic Youngblwd Yudichak Ryan, Speaker Armstrung Platts Serafini Strittmaner Hanna Schuler Steil True fiebs NOT VOTING4

38 1884 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 Bebko-Jones Dempsey Gruim Ramos Daley Gannon McGill A majority of the members required by the rules having voted in the affitive, the question was determined in the affimative and the motion was agreed to. SUPPLEMENTAL CALENDAR A BILL ON CONCURRENCE IN SENATE AMENDMENTS The House proceeded to consideration of concurrence in Senate amendments to HB 148, PN 2489, entitled: An Act amendine the act of Aueust (P.L.323. No.130). known as The coun<code, aurhonz;ng counry appropnatlons for 1l;e observance of Flag Day, further provldlns for paymenb to h~stoncal societies: ~rovidini for convention center facilities in counties of the third class: for creacon of convmnon center authonnes and definrng the~r powers and duties, authonzllrg a hotel room rental tax, and rnaktng a repeal. Will the House concur in Senate amendments? The SPEAKER. On the question of the adoption of the amendments, the Chair recognizes the gentleman, Mr. Cohen. Mr. COHEN. Thank you, Mr. Speaker. Mr. Speaker, will the chairman of the Appropriations Committee consent to interrogation? The SPEAKER. The gentleman, Mr. Barley, indicates he will stand for interrogation. You may begin. Mr. COHEN. Thank you, Mr. Speaker. Mr. Speaker, we have not had a chance to caucus on this legislation. Could the gentleman go over what this legislation does? Mr. BARLEY. Thank you, Mr. Speaker. I am not aware of the level of detail of the change that was made in the Senate, so I am going to be describing it in rather general terms. There was a minor change in the bill that dealt with square footage of privately owned hotel or convention facilities versus publicly owned convention centers. It is a clarification. There is some conflict in present law as it deals with privately owned facilities that are in excess of 40,000 square feet versus publicly owned convention centers that have 40,000 square feet or more. This clarifies language, and it certainly is a benefit to communities that may have opposition from privately held facilities where they are in the process or planning to build public facilities. So it is a clarifying amendment that was put in'in the Senate. I apologize for not having a greater level of detail, but I was not the sponsor of the amendment. The amendment was placed in the bill over in the Senate. - ~~~ The SPEAKER. Mr. Cohen. Mr. COHEN. Thank you. Could we suspend for a minute? I Mr. COHEN. Mr. Speaker, would the gentleman, Mr. Sturla, like to add any comments on what this bill does? The SPEAKER. What is that procedure, Mr. Cohen? Mr. COHEN. Interrogation. The SPEAKER. ~oes the gentleman, Mr. Shlrla, seek yl recognition? Mr. STURLA. Yes, Mr. Speaker. m Mr. Speaker, it is my understandig that what this would do is allow for convention centers and the hotel tax that is necessary to " support them to go on in thud-class counties where in some cases it might have been precluded under the prior legislation because of square footage allobnents and, you know, based on who gets what allohnent and where and bow you count those square footages in those facilities. There is a project in my district in particular and perhaps other districts in the State that will be allowed to go forward with this legislation, and I would urge members to support this. Thank you, Mr. Speaker. The SPEAKER. The Chaii thanks the gentleman. On the question retuning, Will the House concur in Senate amendments? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. YEAS-1 04 ~dolph DeLuca Major Dennody Manderino &gall DeWeese Marsico Baker Donarucci McCall ~ard Druce McGeehan Barley Eachus Mcllhatan Barrar Evans McNaughton Bastian Feese Melio BaUisto Flick Michlovic Bekdi Frankel Micoeie Belfanti Freeman Mundy Gladeck Myen Blaum Godshall O'Brien Haluska Oliver ButkoviQ Hennessey Petzel Buxton Hershey Peuone Caltagimne Horsey Pistella ~&Pabianca Preston Josephs Raymond Chadwick Kaiser Rieger Keller Robvlson Kirkland Roebuck E22 L,I. Laughlin Rmey colafella Lederer Rubley Come11 Leh Ruffing LescoviQ Santoni PA" Lucyk NAYS92 Armstrong Gordner Mcllhinney B~inghofl Gmcela Metcalfe Birmelin Habay Miller, R. Hanna Miller, S.,, B, Harhai Nailar Casorio Harhart Nickol Hasay Orie Herman Pesci Hess Pemrca Cov Hutchinson Phillios Schroder Snyder Staback Stetler SNrla Surra Taylor, J. Tigue Trella Trich Vmn Walko Waters Wright Youngblood Yudichak.k Ryan, Speaker The SPEAKER. Mr. Cohen CU& Jadlowiec P~PP~ Stem Dailey Kenney Plans Stevenson w Semmel Serafini Seyfen Shaner Smith, B. Smith, S. H. solobay Stain 4 Steelman Steil

39 1999 LEGISLATIVE JOURNAGHOUSE 1885 Dally DiGiralamo Egolf Fairchild.:arga Fichter Fleagle Fonier Geist George Gigliotti Krebs LaGrotta Lawless Levdansb Lynch Maher Maitland Man" Markosek Masland Mayernik Readshaw Reinard Robens Rohrer ROSS Sainato Samuelson Sather Saylor Schuler Scrimenti NOT VOTING4 Snitmatter Tangreni Taylor, E. Z. Travaglio True Vance Vitali Wogan Wojnsroski Yewcic Zimmeman Bebko-Jones Dempsey Gmitza Rmos Daley Cannon McGill The majority required by the Constitution having voted in the affitive, the question was determined in the affitive and the amendments were concurred in. Ordered, That the clerk inform the Senate accordingly. BILL SIGNED BY SPEAKER Bill numbered and entitled as follows having been prepared for presentation to the Governor, and the same being correct, the title was publicly read as follows: An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, authorizing county appropriations for the observance of Flag Day; further providing for payments to historical societies; providing for convention center facilities in counties of the third class, for creation of convention center authorities and defining their powers and duties; authorizing a hotel room rental tax; and making a repeal. Whereupoh the Speaker, in the presence of the House, signed the same. Mr. DeWEESE. Mr. Speaker? The SPEAKER. Mr. DeWeese. Mr. DeWeese, do you seek recognirion? Mr. DeWEESE. The gentleman, Mr. Casorio, seeks recognition, Mr. Speaker. Thank you. The SPEAKER. The Chair apologizes. I did not hear him. The gentleman, Mr. Casorio. Mr. CASORIO. Thank you, Mr. Speaker. I am in the process of filing a reconsideration motion on the previous vote on HB 148. The SPEAKER. That bill is no longer in the chamber. It was just read as being signed. The bill is no longer in the chamber. BILL REMOVED FROM TABLE The SPEAKER. The gentleman, Mr. Vitali. For what purpose does the gentleman rise? Mr. WTALI. For the purpose of making a motion, Mr. Speaker. The SPEAKER. The gentleman is in order. Mr. VITALI. Thank you, Mr. Speaker. I would move that HB 1200, PN 1955, be removed from the table. This is the Growing Greener Plus amendment that passed the House Environmental Resources and Energy Committee on June 8. The SPEAKER. The gentleman, Mr. Vitali, has moved that HB 1200 be taken from the table. Will the House agree to the motion? The SPEAKER. On that question, Mr. Vitali. I am assuming, Mr. Vitali, that the gentleman, Mr. DeWeese, has yielded to you, because this is a nondebatable subject, except as to the floor leaders. Mr. VITALI. That is correct, Mr. Speaker. The SPEAKER. The gentleman is in order and may proceed. Mr. VITALI. Thank you, Mr. Speaker. Mr. Speaker, this is perhaps the most important piece of environmental legislation we will be dealing with this session. This is called the Environmental and Heritage Stewardship Act, the so-called Growing Greener Plus. This is the bill that has the basic, core environmental programs for things like acid mine drainage, plugging abandoned oil and gas wells, farmland presetvation, more moneys for our Fish and Game Commissions, and in addition to those environmental programs, moneys for other programs such as libraries, downtom revitalization, historic preservation, and others. Mr. Speaker, I ask that this be removed from the table because this has been carefully considered by our House Environmental Resources and Energy Committee. We had an extensive committee meeting on the subject. We have had extensive debate over various amendments, and what we crafted was a bill that has the overwhelming support of the citizens of Pennsylvania. The SPEAKER. Will the gentleman yield, please. For what purpose does the majority leader rise? Mr. PERZEL. Mr. Speaker, we support moving it from the table. The SPEAKER. Mr. Vitali, do you want to complete your speech or are you satisfied to have joint support on it? Mr. VITALI. 1 will quit while I am ahead, Mr. Speaker. I just ask for an affirmative vote. Will the House agree to the motion? Motion was agreed to. The SPEAKER. How is that for a quick count, MI. Vitali? BILL RECOMMITTED Mr. VITALI. Mr. Speaker? The SPEAKER. Mr. Vitali. Mr. VITALI. Mr. Speaker, I rise for a second motion. The SPEAKER. The gentleman will state his motion. Mr. VITALI. 1 would move that HB 1200 be recommitted to the Appropriations Committee for the purpose of a fiscal note.

40 ~~~ ~ 1886 LEGISLATIVE JOURNAGHOUSE OCTOBER 26 Will the House agree to the motion? Motion was agreed to. RULES SUSPENDED The SPEAKER. The Chair recognizes the gentleman from Philadelphia County, Mr. Butkovitz. Mr. BUTKOVITZ. Mr. Speaker, I move that the rules of the House be suspended to permit the immediate consideration of a resolution. Will the House agree to the motion? The SPEAKER. The Chair recognizes the gentleman, Mr. Butkovitz, on the question of suspension of the rules. Mr. BUTKOVITZ. Mr. Speaker, this would provide for the suspension of the mles so there could be an immediate consideration of a resolution authorizing the First-Class-Cities Subcommittee to conduct an investigation of school violence and discipline policy in the Philadelphia School District. The SPEAKER. The Chair thanks the gentleman. Will the House agree to the motion? (Members proceeded to vote.) VOTE STRICKEN The SPEAKER. Strike the vote. The Chair apologizes to the gentleman, Mr. Horsey. The question before the House, Mr. Horsey- Mr. HORSEY. I understand, Mr. Speaker. The SPEAKER. Now, wait. I do not thii you do. Mr. HORSEY. A motion to suspend the rules. The SPEAKER. Which is not debatable by you. Mr. HORSEY. Well, the House leadership, right? The SPEAKER. Yes; you are right. Mr. HORSEY. Mr. Speaker? The SPEAKER. I recognized Mr. Horsey- POINT OF ORDER Mr. HORSEY. Point of order, Mr. Speaker. The SPEAKER. Go ahead. Mr. HORSEY. Mr. Speaker, I just got the resolution, which seems to suggest or I need to know, does everyone have the resolution? We have members who do not have the resolution. The SPEAKER. Mr. Horsey, it would be appropriate to interrogate the gentleman, Mr. Butkovitz, only if the motion to suspend has passed and the matter is before us. Right now the merits are not before us. Mr. HORSEY. No, no. I was raising a point of order, Mr. Speaker, with the Chair in that there are people on the floor without the resolution. The SPEAKER All right now, Mr. Horsey? Mr. Horsey? Okay. It is the understanding of the Chair the gentleman has a copy of the resolution. Mr. HORSEY. Yes, Mr. Speaker; I have The SPEAKER. Thank you. Will the House agree to the motion? The was YEAS193 Ado,ph Fairchild Marsico Allen Fargo Masland Argall Fees Mayemik Amstrong Fichter McCall Baker Fleagle McGeehan Bard Flick Mcllhattan Barley Forcier Mcllhinney Barn Frankel McNaughton Bastian Freeman Melio Banisto Geist Metcalfe i%igi George Michlovic Giglioni Micoaie BeMinghoff ~ ~ d Miller, e R. ~ ~ Birmelin Godshall Miller, S. Gordner Mundy Blaun Grucela Myers Boyes ~ a b y Nailor Broune Haluska Nickol Harhai O'Brien Bu&ovitz Harhart Oliver ~uxton HWY Orie Cal~agimne Hennessey Penel Cappabianca Herman Pesci Hershey Petnrca Casorio Hess Petrone Horsey Phillips Chadwick Hutchinson Pippy rlmk Jadlowiec Piaella Plans Cohen, L. I. COhen, M. Colafella Cornell corn@ Costa COY curry Dailey Dally DeLuca Demody DeWeese DiGirolamo DonaNcci Druce Eachvs Egolf Ems Hanna LaGrom Bebko-Jones Daley Josephs Kaiser Keller Kenney Kirkland K~ebs Laughlin Lawless Lederer Leh Le~oviu Levdansky Lucyk Lynch Maher Maitland Major Manderino Mann Markosk Dempsey Gannon Preston Raymond Readshaw Reinard Rieger Roberts Robinson Roebuck Rohrer Rooney Ross Rubley Ruffing Sainato Samuelson Santoni Sather Saylor khroder Schuler NOT VOTING-1 Gmitza McGill it now. Scrimenti Semmel Serafini Seyfen Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stairs Steil Stem Stetler Stevenson Slrimnaner SNrla Sum Tangretti Taylor, E. Z. Taylor, 1. Tigue Travaglio Trello Mch True Vance ~ ~ Veon Vitali Walko Waters Wow Wojmki Wright Yewcic Youngblood Yudichak Ryan, Speaker Ramos V 'd

41 LEGISLATIVE JOURNAGHOUSE A majority of the members required by the rules having voted in the affirmative, the question was determined in the affmative and the motion was agreed to. RESOLUTION Mr. BUTKOVITZ called up HR 303, PN 2565, entitled: A Resolution authorizing and directing the Subcommittee on Cities, Counties - First Class of the Urban Affairs Comminee to conduct an investigation into the problems relating to school violence and possession of weapons in the Philadelphia School District. Will the House adopt the resolution? l-he SPEAKER. on the question of the adoption of the resolution, Mr. Roebuck. Mr. ROEBUCK. Thank you, Mr. Speaker. Would the author of the resolution stand for a brief period of interrogation? The SPEAKER. The gentleman, Mr. Butkovitz, indicates he will stand for interrogation. You may begin. Mr. ROEBUCK. Thank you, Mr. Speaker. I certainly share the author's concern about the issue of violence in schools, and I wondered, in looking at that issue, why this is focused entirely on only one aspect of the education system in the city of Philadelphia. Certainly, as a Representative, I receive reports of violence not only in public schools but in other schools as well. Why only focus on public schools, Mr. Speaker? Mr. BUTKOVITZ. Mr. Speaker, we have a serious problem that we are having a lot of difficulty getting public attention to in Philadelphia. This is an issue that this House has worked on for many years. Back in 1993 and 1994, Representative Evans and Representative Taylor took a very commendable leading role in focusing our attention on the seriousness of violence in the public schools, and in 1997 we enacted legislation that said that if you brought a weapon to school, we were going to mandate a l-year expulsion. As a result of investigative reporting by the Daily News in Philadelphia recently, what had been whispered about has been clearly documented within the last few weeks - that the superintendent of schools in Philadelphia regards that as a mere suggestion, not as a mandate. This is an urgent problem. My children are in the public schools. That is a system that we have very direct responsibility for. God forbid we suffer a Columbine or any of these other tragedies in Pennsylvania or Philadelphia and we did not do everythmg we could to prevent that tragedy, and I think it is important for the legislature to act to get the facts on the table about what is happening in that school district. The SPEAKER. The gentleman, Mr. Roebuck. Mr. ROEBUCK. Mr. Speaker, perhaps you did not hear the question I asked. You answered something I did not ask you. I asked you, why focus narrowly on violence in public schools only? The complaints I get are not only about public school violence; they are about violence in schools in general. Now, we can certainly answer it in a broad way, but I am asking specifically, why not look at violence in schools in general, Mr. Speaker? Mr. BUTKOVITZ. I have no objection with that. This was drafted with respect to the specific problem that we had been focused on. If the speaker would like to draft another resolution and have that merged with our resolution, I would have no objection to that. I would have an objection to any delay in this process, because decisions are being made, we are coming to an important crunch point in Philadelphia, and I think we should move forward. I think that is a reasonable sueeestion. - I. iust oddose a. any delay in commencing this important investigation. The SPEAKER. Mr. Roebuck. Mr. ROEBUCK. On the resolution, Mr. Speaker. I certainly appreciate the gentleman's statement that indeed he does not object to looking at this issue broadly, and I thuk, the resolution we have before us does not do that. ~t me, speaker, when a parent comes to my and says that their student in a nonpublic school was set on fire by another student, and that was not reported, Mr. Speaker. Violence is not solely a function of public schools. Violence is unfortunately a factor of life among young people in general. TO narrowly focus a resolution this way, Mr. Speaker, I thuk, distorts the issue. I would certainly think that it is an urgent issue. I would hope that since the author of the resolution has admitted that he would have no objection to doing this in a broader manner, that he would in fact come back to us with the proper resolution to do that and not just force this through as a half a measure that does not address the more important and fundamental issue, which is to deal with violence among young people not just in public schools but in any school in this Commonwealth. I would ask that he would in fact do that, since he says he has no objection to that, Mr. Speaker. Do it right, Mr. Speaker; do it for our kids. Thank you. Will the House adopt the resolution? Adolph Allen Argall Armstrong Baker Bard Barley Banm Bastian Baitisto Belardi Belfanti Benninghoff Birmelin Blaum Boyes Browne Butkovia Buxton Caltagimne Cappabianca Casorio Chadwick Cohen, L. I. Cohen, M. Colafella Cumell Fargo Feese Fichter Fleagle Flick Fmier Frank4 Freeman Geist George Giglioni Gladeck Godshall Gordner Gtucela Habay Haluska Ham Harhai Harhart Hasay Hennessey Herman Hershey Hess Horsey Hutchinson Jadlowiec Josephs Kaiser Keller Kenney Kirkland Marsico Masland Mayernik McCall McGeehan Mcllhattan Mcllhinney McNaughton Melio Metcalfe Michlovic Miconie Miller, R. Miller, S. Mundy Myers Nailor Nickol O'Brien Oliver Orie Peilel Pesci Petrarca Pewone Phillips P~PPY Pistella Plans Preston Raymond Readshaw Reinard Rieger Scrimenti Semmel Seratini Seyfen Shaner Smith, B. Smith, S. H. Snyder Solobay Staback Stairs Steelman Steil Stem Stetler Stevenson Suimnaner Shlda Sum Tangreni Taylor, E. Z. Taylor, J. - Time Travaglio Tmlla Tnch True. Vance Veon Vifalj Walko