COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL

Transcription

1 COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL MONDAY, MAY 23, 1988 SESSION OF D OF THE GENERAL ASSEMBLY No HOUSE OF REPRESENTATIVES The House convened at I p.m., e.d.t. THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR PRAYER BOYES, HERMAN, SAURMAN, JADLOWIEC, LASHINGER, D. W. SNYDER, S. H. SMITH,GEIST, SIRIANNI, RAYMOND, SERAFINI, JOHNSON, SCHULER, HESS, HECKLER, NOYE, CLYMER, BOWSER, BOOK, LANGTRY. BLACK. BUNT. MILL.ER. HONAMAN, E. Z. TAYLOR, REV. DR. DAVID R. HOOVEK, chaplain of the House DIETTERICK, ARTY, NAHILL, of Representatives, from McConneilsburg, Pennsylvania, CORNELL, ROBBINS, BURD, VROON, offered the following prayer: SEMMEL, B. SMITH and G. SNYDER 0 Lord, our L.oving and Forgiving Father, who art the ere- An amending the act of July 3, 1985 (P, L, 164, No, 45), ating, sustaining, forgiving, and eternal force within the life known as the M~mergency ~ ~ dservices i ~ AC~,,? ~ l further pro. of each of us, we pause before Thee with the confidence and viding for the disposition and use of funds. assurance which is Thine to give. We beseech Thee to send Referred to on APPROPRIATIONS, May 23, Thy spirit into our hearts so that Thou mayest rule and guide, us according to Thy will, strengthen us in every trial and need, and lead us past all error into Thy truth. 0 God, make US stand fast in the faith, increase in love and all good works, and by the sure hope of Thy grace, which Thou hast obtained for us, be saved eternally. Amen. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was delivered by inembers and visitors.) JOURNAL APPROVAL POSTPONED The SPEAKER. Without objection, the approval of the Journal for Tuesday, May 17, 1988, will be postponed until that Journal is in print. The Chair hears no such objection. JOURNALS APPROVED The SPEAKER. However, the Chair is informed that the Journals for Monday, March 14, 1988; Wednesday, March 16, 1988; and Monday, March 21, 1988, are in print. Unless there be objection, those Journals will stand as approved. The Chair hears no such objection. No HOUSE BILLS INTRODUCED AND REFERRED By Representatives McCLATCHY, TRELLO, WASS, BELARDI, GODSHALL, PITTS, MERRY, ARGALL, FARGO, I i.,\,-. No By Representatives SWEET, DeLUCA, GAMBLE and DUFFY A, ~ camending t the ad of June 24, 1931 (P. L. 1206, NO. 331), known as "The First Class Township Code," further providing for the time for holding organ~zational meetings. Referred to Committee on LOCAL GOVERNMENT. May 23, No By Representatives GLADECK, VEON, DAVIES, McCALL, TRELLO, SIRIANNI, MAIALE, NAHILL, MORRIS, E. Z. TAYLOR, DeLUCA, SERAFINI and RITTER An Act amending the act of September 26, 1951 (P. L. 1539, No. 389), known as "The Clinical Laboratory Act," further providing for the inspection of laboratories and for the regulatory powers of the Department of Health. Referred to Committee on HEALTH AND WELFARE, May 23, No By Representatives TRELLO, RYBAK, KUKOVICH, MAIALE, DeLUCA, MELIO, MORRIS, TIGUE, FARGO, D. W. SNYDER, McHALE, BELFANTI, BATTISTO, VEON, RAYMOND, LEVDANSKY, CARN, PISTELLA, DUFFY, CAPPABIANCA, PETRARCA, HESS, OLASZ, MICHLOVIC, R. C. WRIGHT, BOWSER and TELEK

2 812 LEGISLATIVE JOURNAL-HOUSE MAY 23, An Act amending the act of April 9, 1929 (P. L. 177, No. 175), known as "The Administrative Code of 1929," prohibiting workmen's compensation referees from accepting certain employment within a certain period after leaving State employment. Referred to Committee on LABOR May 23,1988. No RELATIONS, By Representatives DeLUCA, COWELL, FISCHER, RITTER, MRKONIC, TRELLO, PRESTON, OLASZ, DUFFY, PETRONE, MURPHY, VAN HORNE, MICHLOVIC, BATTISTO, LUCYK, HAYDEN, ROEBUCK, BURD, GODSHALL, DISTLER, MERRY, ARGALL, LIVENGOOD, FARGO, CIVERA, TIGUE, SAURMAN, VEON, HESS, MELIO, TELEK, NOYE, DIETTERICK, CLYMER, BOWSER, HERSHEY, MARKOSEK, BOOK. 1. TAYLOR. FARMER. BUNT. JACKSON, SHOWERS, CESSAR, FOSTER, MORRIS, MOEHLMANN, STABACK, E. Z. TAYLOR, ARTY, NAHILL, BLACK, MAYERNIK, BLAUM, LANGTRY, BELARDI, ROBBINS, SERAFINI, DALEY, PISTELLA, SEMMEL, WOGAN and G. SNYDER An Act amending the act of March LO, 1949 (P. L. 30, No. 14), known as the "Public School Code of 1949,'' providing for the termination of any employee of a school district who is convicted of certain drug-related offenses. Referred to Committee on EDUCATION, May 23, No By Representatives PETRARCA, RIEGER, BOOK, RICHARDSON and FOX An Act imposing a tax on the retail sale of gasoline for the benefit of the Catastrophic Loss Trust Fund; and providing for further duties of the Department of Revenue. Referred to Committee on FINANCE, May 23, SENATE BILLS FOR CONCURRENCE The clerk of the Senate, being introduced, presented the following hills for concurrence: Referred to Committee on MILITARY AND VETERANS AFFAIRS, May 23, SB 1223, PN 2032 Referred to Committee on RULES, May 23, BILLS REMOVED FROM TABLE The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that the following bills be lifted from the tabled calendar and placed on the active calendar: HB 1340; HB 1341; HB 1343; HB 1344; HB 1345; HB 1346; HB 1348; HB 1349; HB 1465; HB 1466; HB 2033; HB 2041; HB 2171; HB 2211; and HB Will the House agree to the motion? Motion was agreed to. SENATE MESSAGE HOUSE BILLS CONCURRED IN BY SENATE The clerk of the Senate, being introduced, returned HB 1717, PN 2142; and HB 1818, PN 2270, with information that the Senate has passed the same without amendment. SENATE MESSAGE AMENDED HOUSE BILLS RETURNED FOR CONCURRENCE The clerk of the Senate, being introduced, returned HB 212, PN 3325; and HB 854, PN 3324, with information that the Senate has passed the same with amendment in which the concurrence of the House of Representatives is requested. ACTUARIAL NOTES The SPEAKER. The Chair acknowledges receipt of the actuarial notes for HB 1837 and HB 1676, which the clerk will file. (Copies of actuarial notes are on file with the Journal clerk.) LEAVES OF ABSENCE The SPEAKER. The Chair recognizes the gentleman from Lawrence, Mr. Fee. Do you have any requests for leaves? Mr. FEE. Yes, Mr. Speaker. The gentleman from Westmoreland, Mr. PETRARCA, for the week, and thegentleman from Allegheny, Mr. SEVENTY, for the week. The SPEAKER. The leaves are granted, there being no objection. The Chair recognizes the minority whip.

3 LEGISLATIVE JOURNAL-HOUSE Mr. HAYES. Thank you, Mr. Speaker. I EXCUSED-3 I request a leave for the gentleman from Delaware County, Freind Petrarca Seventy Mr. FREIND, for the day. LEAVES ADDED-1 The SPEAKER. The leave is granted, there being no objection. Fischer MASTER ROLL CALL The SPEAKER. The Chair is about to take the master roll call for the day. Members will proceed to vote on the master roll. The following roll call was recorded: Acosta Anestadt AI&I Arly Barley Batfisto Belardi Belfanti Billow Birmelin Black Blaum Book Borkner Bowley Bowser Boyes Brandt Broujos Bunt Burd Burns Bush Caltagirone Cappabianca Carlson Cam Cawley Distler Dambrowski Danatucci Dorr Duffy Durham Evans Fargo Farmer Fattah Fee Fischer Flick Foster Far Freeman Gallen Gamble Gannon Ceist George Cladeck Godshall Cruitza GNPP~ Hagarty Haluska Harper PRESENT-193 Kosinski Kukovich LaGralla Langtry Lashinger Leh Lescavitz Letterman Levdansky Linton Livengood Lloyd Lucyk MeCall McClatchy McHale McVerry Maiale Maine Manderina Manmiller Markasek Mayernik Melio Merry Michlovic Micozzie Miller Raymond Reber Reinard Richardson Rieger Ritter Rabbins Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Semmel Serafini Showers Sirianni Smith. B. Smith, S. H. Snyder, D. W Snyder, G. Staback Stairs Steighner Stuban Sweet Cessar Hasay Moehlmann Chadwiek Hayden Morris Taylor, E. Z. Taylor, F. Civera Hayes Mowery Taylor, J. Clark Heckler Mrkonic Tigue Clymer Herman Murphy Trello Cohen Hershey Nahill Van Horne Colafella Hess Noye Venn Cole Cornell Corrigan Cawell COY DeLuca DeVener DeWeese Daley Davies Dawida Dempsey Dietterick Dininni Wiggins Honaman Howlett Hughes Hutchinsan ltkin Jackson Jadlowiec Jarolin Johnson Josephs Kasunic Kennedy Kenney Kitchen O'Britn O'Donnell Olasr Oliver Perzel Petrone Phillips Piccola Pievsky Pistella Pitts Pressman" Preston Punt ADDITIONS-0 NOT VOTING-1 Vroon Wambach Wass Weston Wogan Wozniak Wright, D. R. Wright, J. L. Wright. R. C. Vandrisevits IN~s. Speaker BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED HB 2228, PN 3327 (Amended) By Rep. RICHARDSON An Act amending the act of June 13, 1967 (P. L. 31, No. 21). known as the "Public Welfare Code, " further providing for eligibility for assistance. HEALTH AND WELFARE. HB 2240, PN 3328 (Amended) By Rep. RICHARDSON An Act amending the act of June 13, 1967 (P. L. 31, No. 21). known as the "Public Welfare Code," providing for personal care facilities. HEALTH AND WELFARE. COMMUNICATION FROM GOVERNOR BILL SIGNED BY GOVERNOR The Secretary to the Governor presented the following communication from His Excellency, the Governor: APPROVAL OF HB No Commonwealth of Pennsylvania Governor's Office Harrisburg May 18, 1988 To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania I have the honor to inform you that I have this day approved and signed House Bill 1992, Printer's No. 3267, entitled "AN ACT AMENDING THE ACT OF NOVEMBER 30, 1965 (P.L. 847, No. 356), ENTITLED 'AN ACT RELATING TO AND REGULATING THE BUSINESS OF BANKING AND THE EXERCISE BY CORPORATIONS OF FIDUCIARY POWERS;.AFttC'TIN(; PtKSONS FKGAGED IN TllE BUSINESS 01: I3ANKING AND CORPOKAIIONS EXEKCISlNCi FIVU- C'LARY POWEKS AN11,\tI.II I4TFS Ot SUCH PEKSONS; AFttC'rING Tllt SHARIillOLVCRS OF SUCH PERSONS AND THE DIRECTORS, TRUSTEES, OFFICERS, ATTOR- NEYS AND EMPLOYES OF SUCH PERSONS AND OF THE AFFILlATES OF SUCH PERSONS; AFFECTING NATIONAL BANKS LOCATED IN THE COMMON- WEALTH: AFFECTING PERSONS DEALING WITH I>EKSONS ENGAGED IK TIIE RUSINLSS 01. RANKIN(;I ('ORPOWA I IONS tyi.kcisin0 tii>ij('iaky J'OWFRS AND NATIONAL BANKS; CONFERRING POWERS AND IMPOSING DUTIES ON THE BANKING BOARD. ON CFKTAIN Vtl'ARThltN'I'S AND OFFICEKS OF TIIt kohl- \lon\veai TI1.AND ON ('OLJK'IS. PROTH0NOTARIt.S. CLFRKS AND HECORl1tKS OF DEFI1S: I'KOVIDIN(i ITS..ALIlES: AND Ktl'CAI IN(; (:EKrAlN A(:TS ANV PARTS OF ACTS.' I.UKTlIt:K l'kovldln(i I'OK ACQUISITIONS ANI)OFFERS'I'O ACQIJIRt SHAKFSOFC'EKrAlN FINAN-

4 LEGISLATIVE JOURNAL-HOUSE MAY 23, ClAL INSTITUTIONS; AND FURTHER DEFINING THE INTERSTATE BANKING REGION." Robert P. Caseq Governor BILLS SIGNED BY SPEAKER The Chair gave notice that he was about to sign the following bills, which were then signed: An Act designating January 30, Franklin Delano Roosevelt's birthday, as "Day of the Disabled." An Act exempting owners of shooting ranges from any civil or criminal actions relating to noise pollution. COMMUNICATION FROM PUBLIC EMPLOYEE RETIREMENT STUDY COMMISSlON The SPEAKER. The Public Employee Retirement Study Commission has submitted for the record a correction to the actuarial note of HB 134. The clerk will file the correction. (Copy of actuarial note is on file with the Journal clerk.) CALENDAR BILLS ON THIRD CONSIDERATION The House proceeded to third consideration of HB 2079, PN 3156, entitled: An Act amending the act of July 13, 1987 (P. L No. 64), entitled "An act providing for the establishment, funding and operation of a special restricted receipt account within the General Fund to support the establishment and operation of a Statewide judicial computer system; providing for annual appropriations from the restricted funds; and providing for the payment of a portion of all fines, fees and costs collected by the judiciary into the restricted receipt account," further providing for deposits in the judicial computer system augmentation account. Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the hill pass finally? On final passage, the Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, would the majority leader consent to a brief interrogation? The SPEAKER. The majority leader indicates he will stand for interrogation. This is on HB You are in order, and you may proceed, Mr. Ryan. Mr. RYAN. Mr. Speaker, assuming for a moment that HB The SPEAKER. Just a moment, Mr. Ryan. They have not paid attention. The time for chatting is over. We are on the calendar now. Proceed, Mr. Ryan. Mr. RYAN. 1 am not sure, Mr. Speaker, just how to proceed. Let me explain my problem to the majority leader; mavhe he can helo me. HB 2079 on the first page of the calendar and HB 1308 on page 9 of the calendar apparently address the same issue. In the one case, HB 1308 is back here in the House on concurrence in Senate amendments, so the concurrence in it would send it immediately to the Governor's Office where it could be enacted into law, whereas HB 2079 is only now beginning to work its way through the process. I am curious, Mr. Speaker, as to whether or not the majority leader can advise me what is going to happen with HB 1308, in his judgment. Does he have any special plans for it? Is he going to, if he knows, move to concur or nonconcur? 1 think we have to have some indication of what is going to happen to HB 1308 before we can vote on HB Mr. MANDERINO. If the question is what the plans are on HB 1308, the plans are to move to nonconcur. The SPEAKER. The Chair thanks both gentlemen On the question recurring, Shall the bill pass finally? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now he taken. YEAS-188 Acosta DisIler Kosinski Raymond Anxstadt Domhrowski Kukovich Reber ArGll Arty Barley Ballisto llelardi Belfanti Billow Birlnclin Black B'aum Book Bortner Bowley B~~~~~ Boyes Brand1 Broujos ~unt Burd Burns Bush Caltagirone Cappabianca Carlron Dorr Dutfy Durham Evans Fargo Farmer Fattah Fee Fischer Flick Faster Fox Freeman tiallen Gamble Cannon Ceist Geurge Gladeek Codshall Gruitza Gruppo Hagarty Haluska Latirotla Langtry Lashingcr Leh I.ercovitz Letterman Lcvdansky Linton Livengood Lloyd Lucyk McCall McClatchy McHale McVerry Maiale Maine Manderina Manmiller Markosek Maycrnik Melio Merry Michlovic Cawley Harper Micorzie ce,sa, Hasay Miller Chadwick Hayden Machlmann Civera Hayes Morris Clark Clymer Cohen Calafella Cole Currigan cowel' COY DeLuca DeVener DeWeese Heckler Herman Hershey Hcss Honaman Howlctt Hughes Hutchinson ltkin Jackson Jadlowiec Jarolin Mowery Murphy Nahill Noye O'Brien O'Donnell Olasz Perzel Petrone Phillips Piccola Pievsky Rcinard Richardson Ritter Rohbins Roebuck Rudy Ryan Ryhak Salaom Saurman Scheet~ Schulcr Semmrl Serafini Showers Sirianni Smith, B. Smith, S. H. Snyder, D. W Snyder, C. Staback Stairs.... Taylor, E. Z. Taylor, F. Taylor, J. Tigue Trello Van Horne Veon Vroon Wambach Wars Weston Wogan Wozniak Wright. D. R. Wright, J. 1..

5 1988 LEGISLATIVE JOURNAL-HOUSE 815 Daley Johnson Piatella Wright, R. C. Davics Josephi P'itts Yandrisevils Dawida Kasunic Pressman" Dernpsey Kennedy Preston Irvis, Dierterick Kenney Punt Speakcr Dininni Kitchen NAYS-1 Mrkonic NOT VOTING-5 Carn Oliver Ricger Wiggins Donatucci EXCUSED-3 Freind Petrarca Seventy The n~ajority 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. 1 * * The House proceeded to third consideration of HB 1681, PN 3284, entitled: establishing a,,,,iforrn proced,lre for review by the Insurance Commissioner of certain rare filings and policy form filings; and making repeals. Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? On final passage, the Chair recognizes the gentleman from Mifflin, Mr. DeVerter. Mr. DeVERTER. Thank you, Mr. Speaker. Mr. Speaker, I rise to oppose HB 1681, although a cospon. sor of the bill. At the time that this bill came to my attention, there were a number of things in it that I had strong feeling with, but there are a couple of items in the bill that I would like to have amended. Unfortunately, the sponsor will not hold it, so therefore, we are in the dilemma of trying to debate against it. On page 4 of the bill, it provides that "...the commissioner may, by written order, suspend or modify the requirement of rate filing as to any kind of insurance, subdivision or combination thereof, or as to classes of risks, the rates for which cannot practicably be filed before they are used." What this in effect does, Mr. Speaker, is grant the Commissioner the right to set rates. I am not too keen on government again getting into the insurance business. Now, granted, she has the ability to tell companies now that their rates are unacceptable, but the rates also must be fair and equitable and not unfairly discriminatory. She already has that power, but by granting her this power, this additional power, you are broadening it to the point where it makes little or no sense for us to even worry about rate filings. We might as well let the Insurance Commissioner set the rates. Now, that leaves open and room for an awful lot of trouble. It is a little like the old saying goes, the fox watching the henhouse. If we are to go that route, then I believe that we ought to be in the competitive rating system, open it up completely and let the companies file. In a number of States around this Nation, such as Illinois, Maryland, and Wisconsin, they support the competitive ratemaking approach to setting rates, and in many of those States, they have seen rates fall because of that competitive ratemaking. What that means is that rates are set according to what is needed to insure the risks that are being taken. I just think that for us to be playing around with the Commissioner, regardless of who that Com~nissioner may be -this one or any subsequent Com~nissioners - we ought not to be in that business. Secondly, I believe that there is another provision in the bill on page 5, under "Frequency of rate filings," where it says "An insurer or rating organization may not make a rate filing with an effective date of less than one year from the prior filing's effective date unless the written permission of the has been obtained.,, I just thirlk here again it leaves room for a little bit of playing around that ought not to he there, and who is going to be the sufferer? It is your consumer who is going to be the sufferer, because if those companies find themselves in a position where they are losirkg business in this Commonwealth on auto insurance, they art: just not going to sell it. Now, we have seen that happen in a few States around the country, and we kriow what happens. That limits the competitiveness of companies to compete within themselves and set rates, and if we are going to continue that kind of direction, I think we are heading in the wrong direction. If we are going to open the system. let us open it and go to the complete competitive ratemaking system, but let us not just fool around and arbitrarily set dates such as this bill does, and this isnot the only areain which it does it. It also sets it in the area of how long the Commissioner has to approve by increasing that by 100 percent of the time that is now available for the Commissioner to approve a rate. But if we are going to move in that direction, then let us open it up completely. Let us not kid ourselves and the consumers, because if we go this route, there is only one thing you are going to see, and that is your constituents continuing to pay more for the product that they purchase. I would ask for a negative vote on the bill, Mr. Speaker. Thank you. The SPEAKER. On final passage, the Chair recognizes the majority whip. Mr. O'DONNELL. Thank you, Mr. Speaker. I think the gentleman directed the House's attention to the wrong section but to the right issue. The fundamental issue the gentleman is presenting is whether or not the Insurance Commissioner of Pennsylvania shall and should have the power to set rates or whether or not we should have a purely competitive system, and it is very clear that as a matter of settlsd public policy, we have decided that insurance is so

6 816 LEGISLATIVE JOURNAL-HOUSE MAY 23, basic a commodity and so complex from the point of view of the consumer that we have decided to regulate rates in Pennsylvania. The only question remaining is whether the Commissioner really should have the legal power to do that and whether we are going to make the public policy that we have already decided on an effective policy, and that is what this bill does. Thank you. The SPEAKER. The Chair recognizes the gentleman from Dauphin, Mr. Piccola, on the bill. Mr. PICCOLA. Thank you, Mr. Speaker. The gentleman, Mr. DeVerter, was exactly right. 1 opposed this bill coming out of committee, because one of the basic things we have been trying to do in this State, and probably rather unsuccessfully, is to reduce for the consumer the cost of insurance, not just automobile insurance but all types of insurance. I think it is a given, it is a known fact, that one of the basic factors going into increased costs is increased government regulation. To say, as Mr. O'Donnell would have you believe, that increased regulation will reduce costs, 1 think, is absolutely false. We know from the Federal experience and we know from the experience here in the Commonwealth that whenever the government gets into regulation, it imposes costs upon business. And those costs are not paid by business, Mr. Speaker; they are paid by the consumer. This bill contains many, many additional things that insuraoce companies are going to have to do. They are going to have to have their rates set, not just regulated but set, by the Department of Insurance, and all that is going to do is it is going to increase those rates. And the rates are not going to be paid by the companies; they are going to be paid by the con- suming insurance public of this State. Therefore, Mr. Speaker, I would urge that the House defeat this bill, because it is going in diametrically the opposite direction that we should be going in with respect not only to insurance but all types of business entities. We should be reducing regulation, not increasing it. I urge the bill be defeated. The SPEAKER. For the second time on final passage, the Chair recognizes the majority whip. Mr. O'DONNELL. Mr. Speaker, I would like to call the attention of the House to two points in this bill and then ask you to exercise common sense and make the judgment about whether or not these provisions will raise costs or reduce costs. Currently it takes the Insurance Department more than 60 days to effectively review a rate filing. Those rate filings are invariably for increased premiums. If the Insurance Department does not complete its review within 60 days, the rates are deemed to be effective and they go into existence without further review. This bill extends the time period for that review from 60 to 90 days, thereby giving the Insurance Department more time - not more money, not more regulation, just more time - so they can effectively examine a rate structure and prevent a rate from being automatically adopted without their review. Another thing that this bill does is prohibit insurance companies from coming in for an increased rate filing more than oncea year. Now, as a matter of common sense, 1 ask you to make the judgment - does that raise cost or does that reduce cost? Obviously, it reduces cost. Thank you. The SPEAKER. The Chair recognizes the gentleman from Mifflin, Mr. DeVerter, for the second time on the bill. Mr. DeVERTER. Thank you, Mr. Speaker. Mr. Speaker, in recent Senate hearings on competitive rating, a number of commissionera from Illinois, Maryland, and Wisconsin testified in support of that open rating system. For us to move in this direction leaves questions, I think, in everyone's mind, especially when it comes to- The SPEAKER. Just a moment, Mr. DeVerter. What is the matter with you today? Proceed, Mr. DeVerter. Mr. DeVERTER. Apparently, Mr. Speaker, no one is keen on insuranceissues today. Anyway, one of my major concerns, I guess, a$ we relate to this bill: If the Commissioner is permitted to move in this direction, my one question to the sponsor of this bill is, is the Commonwealth liable for insolvency? In other words, if the Commissioner is going to set the rates and the rates are not sufficient to underpin that company and the company at some future dare becomes insolvent, who is liable? Are we, the Commonwealth, liable for that insolvency? I do not know. That is a pretty good legal question, and I think someone down the road is going to have to answer it. I would still ask for a negative vote. Thank you, Mr. Speaker. On the question recurring, Shall the bill pass finally? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. Angstadt Argall Arty Battist0 Belardi Belfanti Billow Black Blaum Bortner Bowley Boyes Broujos Bunt Burns Bush Caltagirone Cappabianca Carlson Carn Cawley Chadwick Civera Clark Cohen Colafella Cole Dombrowski Duffy Durham Evans Fatlah Fee Fox Freeman Gamble Gannon Geist George Gladeck Godshall Gruitza Cruppo Haluska Harper Hasay Hayden Hayes Herman Hershey Hess Hawlett Hughes Hutchinsan Lashinger Lescovitz Letterman Levdansky Linton Livengood Lloyd Lucyk McCall McHale Maiale Maine Manderino Markosek Mayernik Melio Merry Michlavic Micorzie Miller Morris Mrkonic Murphy Nahill O'Brien O'Dannell Olasr Reinard Ritter Roebuck Rudy Ryan Rybak Saloam Semmel Serafini Showers Sirianni Smith, S. H. Snyder, D. W. Snyder, G. Staback Steighner Stuban Sweet Taylor. F. Taylor, J. Tigue Trella Van Harne Veon Wambach Wass Weston

7 1988 LEGISLATIVE JOURNAL-HOUSE 817 Cornell ltkin Perzel Wagan Corrigan Jadlowiec Petrane Wazniak Cowell Jaralin Pievsky Wright, D. R. COY Josephs Pistella Wright, 1. L. DeLuca Kasunic Pressmann Wright, R. C. DeWeese Kenney Preston Yandrisevits Daley Kitchen Punt Davies Kasinski Raymond Irvis, Dawida Kukovich Reber Speaker Dempsey LaGratta NAYS-40 Birmelin Dorr Johnson Piccola Book Fargo Langtry Pitts Bowser Farmer Leh Robbins Brandt Flick McCIatchy Saurman Burd Foster McVerry Scheetz Clymer Gallen Manmiller Schuler DeVener Hagarty Moehlmann Smith, 8. Dietterick Heckler Mower? Stairs Dininni Hanaman Naye Taylor, E. Z. Distler Jackson Phillips Vroon NOT VOTING-10 Acosta Donatucci Oliver Rieger Barley Fircher Richardson Wiggins Cessar Kennedy EXCUSED-3 Freind Petrarca Seventy The majority required 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. LEAVE OF ABSENCE The SPEAKER. The Chair recognizes the minority whip. Mr. HAYES. Mr. Speaker, I wonder if you would kindly return to requests for leaves. The speaker. The Chair will return, What is your request, Mr. Hayes? Mr. HAYES. Thank you, Mr. Speaker. I request a leave for the gentleman from Washington County, Mr. FISCHER, for the remainder of today's session. The SPEAKER. The leave is granted, there being no objection. BILLS ON THIRD CONSIDERATION CONTINUED The House proceeded to third consideration of HB 1438, PN 3120, entitled: An Act amending the act of April 12, 1951 (P. L. 90, No. 21), known as the "Liquor Code," further providing for limited wineries. Will the House agree to the hill on third consideration? M~. BO~SER offered the following amendments N ~, A1861: Amend Title, page 1, line 17, by removing the period after "wineries" and inserting ; and levying a tax on wine for the development and promotion of the grape industry. Amend Bill, page 6, line 12, by striking out all of said line and inserting Section 2. The act is amended by adding an article to read: ARTlCLE VIII-A. Grape Industry Development Tax. Section 801-A. Definitions.-The following words or phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this article: "Department" shall mean the Department of Revenue of the Commonwealth. "Fiscal month" shall mean the monthly period established, from time to time, by the board for the purpose of conducting business. "Wine" shall mean any beverage containing more than onehalf of one per centum and not more than fourteen per centum absolute alcohol by volume, obtained by the fermentation of the natural sugar contents of fruits, honey or other agricultural products containing sugar, including all natural wines and fortified wines within the above limits, hut not including any beverage known as beer, lager beer, ale, porter or similar fermented malt liquor obtained by alcoholic fermentation of an infusion or decoction of barley, malt and hops in water. Section 802-A. lmposition of Tax.-A special State tax is hereby imposed and assessed at the rate of five cents (584 per gallon on all wine sold at retail in Pennsylvania. The tax imposed shall be collected h the hoard and by limited wineries. The amount of the tax cillected under this article shall he paid into the State Treasury, through the department, in the manner and within the times specified in section 803-A and, within ten (10) days thereafter, shall he paid into and credited to the Pennsylvania Grape Development and Promotion Special Account. Section 803-A. Receipts.-(a) It shall be the duty of the board and limited wineries to transmit to the department, on or before the fifteenth day of each fiscal month, a statement of their receipts from sales of wine and the special tax collected during the preceding mbnth and such other information as may be necessary to effectuate the provisions of this article. At that time it shall be the duty of the hoard and limited wineries to pay to the department the tax imposed upon the wine by this article. (b) The hoard and limited wineries may, in their discretion, add the tax imposed by this article to the retail price at which wines are sold and eliminate any accounting of such special tax separate from sales prices. The amount of tax collected by the hoard and limited wineries shall he payable as provided in this article. Section 804-A. Expiration.-This article shall expire fifteen (15) years after enactment, unless extended by statute. Section 3. This act shall take effect as follows: (1) Section 2 (Article VIII-A) shall take effect in M) days. (2) The remainder of this act shall take effect immediately. Will the House agree to the amendments? The SPEAKER. On the amendment, the Chair recognizes the gentleman from Erie, Mr. Bowser. Mr. BOWSER. Thank you, Mr. Speaker. These two amendments are two amendments that we passed in the last session, sent over to the Senate, and they never moved. That is why we are trying them again.

8 818 LEGISLATIVE JOURNAL-HOUSE MAY 23, What these two amendments will do: The first one would put a nickel-a-gallon tax on all wines sold in Pennsylvania, and the second amendment would set up a committee that would be in charge of the moneys, and we are estimating about $800,000 would be generated with this tax. The committee would be headed by the Secretary of Agriculture, and there would be processors, grape growers, a couple of people from Penn State. The money would eventually get to Penn State for research and development of grapes, not only to grow the grape? but for marketing of wine and all grape products made in the State of Pennsylvania. This has been done in several other States. 1 think 8 or 10 States have proven this to be a very good way in order to promote and keep grape products going. Grapevines, 1 want to explain a little bit about them. In order to be sure that farmers can have production year after year, it takes an awful lot of continuing research. We have diseases and insects that we conquer today only to find that tomorrow you have a new insect, you have a new disease. There is a field laboratory in Erie County that kind of runs the entire State. Now, we are generating a lot more grapes being grown in Pennsylvania the last few years because of the limited wineries. The southeast is growing a lot of grapes. The people from the lab in Erie do service that area as they service any area in Pennsylvania, and the need is getting much, much greater, and that is why there is the concern to give adequate funding to continue this type of researc:~ as well as new research on marketing. I would appreciate the support of all the members on these ~ ~ ~ ~ amendments. The SPEAKER. On the Bowser amendment, the Chair recognizes the gentleman from Luzerne, Mr. Tigue. Mr. TIGUE. Thank you, Mr. Speaker. Mr. Speaker, I stand to oppose the Bowser amendment for a couple of reasons. First of all, during the last few years we argued about the high cost of liquor in Pennsylvania - spirits and wines. What we are doing in this amendment is adding another nickel per gallon on all the wine sold in Pennsylvania, not only the wine made in Pennsylvania or within the local area. However, the 5-cents-a-gallon tax would go to grape development. Now, I am not against developing our grape industry; however, by and large, the most part of the grapes developed in Pennsylvania do not go for wine. They go for jams, jellies, and other fruit-type products. So what we are saying is we are setting a unique precedent in that we are now taxing liquor to get money to develop things which have nothing to do with the liquor industry or in fact the wine industry. Something in excess of two-thirds of the grapes produced in Pennsylvania are not used for wine. This has been coming up in the Liquor Control Committee, and it has been defeated. So I would ask for your defeat of the Bowser amendment. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes the gentleman from Chester, Mr. Morris, on the Bowser amendment. Mr. MORRIS. Thank you, Mr. Speaker. I would urge all members to vote for this amendment. The grape industry is becoming a very important segment of agriculture in Pennsylvania. It is going to bring a tremendous amount of money into this State if we can get it really going and make it fully competitive. It is not just going to be farmers but jobs all around, through the entire influence of this industry. It really needs this kind of help. They cannot afford to do by themselves - that is, the growers - what this amendment will accomplisli for them. So again 1 urge you as strong as 1 can to vote "yes" on this amendment. On the question recurring, Will the House agree to the amendments? The following roll call was recorded: Acosta Aigall Barley Battisto Belardi Belfanti Black Blaum Book Bortner Bowley Rowaer Brandt Braujoi Bunt Burd Burns Bush Cappabianca Carlson Carn Cawley Cessar Chadwick Civera Clark Clymcr Colafella Cole Cornell Corrigan Cowell COY DeLuca DcVerter DeWccse Daley Davies Dawida Dempsey Dietlericl Angstadt Arty Billow Birmelin Bayes Caltagirone Cohen Dininni Distlrr Dambrnm rski Dorr Duffy Durham Evans Fargo Farmer Fatrah Fee Flick Fox Callen Gamble Cannon Geist George Gladeck Godshall Gruitza Gruppo Hagarty Haluska Harper Hayden Hayes Iieckler Herman Hess Hanaman Hutchinsan Jackson Jadlowiec Jarolin Johnson Jaaephs Kasunic Kennedy Kenney Poster Prceman Hasay Hershey Langtry Lucyk McVerrv Kitchen Kosinski Kukovich LaGrotta Lashinger Leh Lescovitz Letterman Levdansky Linion Livengood Lloyd hlccall McClatchy McHale Maine Manderino Marlmiller Melio Merry Micozrie Miller Moehlmann Morris Mower? Mrkanic Murphy Nahill Noye O'Brien O'Donnell Olasz Petrone Picsola Pievsky Pistella Preston Punt Raymond Reber Marko~ek Mayernik Michlovic Perzel Phillips PittF Reinsrd Richardson Rohbins Roebuck Rudy Ryan Rybak Saloom Saurrnan Scbectz Schuler Semtnel Serafini Showers Sirianni Smith. B. Smith. S. H. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stuban Sweet Taylor, E. Z. Taylor, F. Taylor, J. Trella Van Horne Veon Wambach Wass Wogan Wuzniak Wright, D. R. Wright, R. C. Yandriscvits Irvis. Speaker Pressmann Ritter Tigue Vroon Weston Wright, J. L.

9

10 820 LEGISLATIVE JOURNAL-HOUSE MAY 23, The following roll call was recorded: Acasta Angstadt Argall Any Barley Battisto Belardi Belfanti Billow Birmelin Black Blaum Book Bonner Bawley Bowser Boyes Brandt Broujos Bunt Burd Bums Bush Caltagirone Cappabianca Carlson Carn Cawley Cessar Chadwick Civera Clark Clymer Cohen Colafella Cole Cornell Corrigan Cowell COY DeLuca DeVener DeWeese dale^ Davies Dietterick Dininni Distler Dombrowski Dorr Duffy Durham Evans Fargo Farmer Fattah Fee Flick Foster FOX Freeman Gallen Gamble Gannon Geist George Gladeck Godshall Gruitza Gruppo Hagarty Haluska Harper Hasay Hayden Hayes Heckler Herman Hershey Hess Hanaman Howlett Hughes Hutchinson ltkin Jackson Jadlowiec Jarolin Johnson Jose~hr YEAS-186 Kenney Kitchen Kosinski Kukovich LaOrotta Langtry Lashinger Leh Lescovitz Letterman Levdansky Lintan Livengood Lloyd Lucyk McCall McClatchy McHale McVerry Maine Manderino Manmiller Markosek Mayernik Melio Merry Michlovic Micozzie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Noye O'Brien O'Donnell Olasz Perzel Petrane Piccala Pievsky Pistella Prcssmann Raymond Reber Reinard Richardson Ritter Robbins Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Semmel Serafini Showers Sirianni Smith, B. Smith, S. H. Snyder. D. W Snyder, G. Staback Stairs Steighner Stuban Sweet Taylor, E. 2. Taylor, F. Taylor, J. Tigue Trella Van Horne Veon Vroon Wambach Wass Weslon Wogan Wozniak Wright, D. R. Wright, J. L. Wright, R. C. Yandrisevits Dawida Kas"nic Pre~ton Irvis, Dempsey Kennedy Punt Speaker NAYS-2 Phillips Pitts NOT VOTING-5 Donatucci Maiale Oliver Rieger Wiggins EXCUSED-4 Fischer Freind Petrarca Seventy The question was determined in the affirmative, and the amendments were agreed to. On the question recurring, Will the House agree to the bill on third consideration as amended? Mr. MILLER offered the following amendments No. A2014: Amend Title, page 1, line 16, by inserting after "laws,"" further providing for the issuance of licenses for sales at performing arts facilities in third class cities; and I Amend Sec. 1, page 4, line 14, by striking out "SECTION" where it appears the second time and inserting Sections 408.6(a) and Amend Sec. I, page 4, line 16, by striking out "IS" and inserting are Amend Bill, page 4, by inserting between lines 16 and 17 Section Performing Arts Facilities in Third Class Cities.-(a) The board is authorized to issue a restaurant liquor license to a nonorofit corooration or to a concessionaire selected by such nonprofit corporation in any city of the third class for the retail sale of liquor and malt or brewed beverages - bv. the elass. -. open bottles or other container or in any mixture for consumption on anv. citv-owned. remises utilized as a nonorofit oerforming 311s i3cllity or any otlner prrlniw, ut1l17ed a, 3 nonprofit pcriornling art, iaalil) where!here I, an a\a~lahle \catlnr- ~a~acitv.. within the premises of [one thousand] seven hundred or more: Provided, however, That no sale or consum~tion of such bever- ages shall take place on any portions of suchpremises other than service areas approved by the board. * * Will the House agree to the amendments? The SPEAKER. On the amendment, the Chair recognizes thegentleman from Lancaster, Mr. Miller. Mr. MILLER. Thank you, Mr. Speaker. The enclosed amendment is offered in behalf of the famous Fulton Opera House, the restored performing arts facility in the city of Lancaster, in an effort to have that facility qualify under the performing arts section of the Liquor Code for unlimited special-occasion permits, in a hope that we can have special-occasion fundraisers for the premieres of each of the performing arts shows that come to our community. I have discussed the matter with a number of members on the Democratic side of the aisle, Mr. Speaker, and am aware that there may be two or three other facilities in the Commonwealth that would also similarly qualify under this change, and I would ask the membership's support. Thank you, Mr. Speaker. On the question recurring, Will the House agree to the amendments? The following roll call was recorded: Acosta Angstadt Argall Any Barley Battisto Belardi Belfanti Billow Birmelin Black Blaum Book Bonner Bowley Bowser Boyes Brandt Broujas Bunt Burd Dietterick Dininni Di~tler Dombrowski Dorr Duffy Durham Evans Fargo Farmer Fee Flick Fox Freeman Gallen Gamble Gannon Geist George Gladeck Gadshall Kitchen Kosinski Kukovich LaGrotta Langtry Lashinger Leh Lescavitz Letlerman Levdansky Livengood Lloyd Lucyk McCall McClatchy McHale McVerry Maine Manderino Manmiller Markosek Punt Raymond Reber Reinard Richardson Ritter Rabbins Roebuck Rudy Ryan Rybak Saloom Saurman Schuler Semmel Seralini Showers Sirianni Smith, B. Smith, S. H. Snyder, D. W.

11

12 822 LEGISLATIVE JOURNAL-HOUSE MAY 23, Fischer Freind Petrarca Seventy The question was determined in the affirmative, and the amendment was agreed to. On the question recurring, 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 finally? On final passage, the Chair recognizes the gentleman from Bucks, Mr. Clymer. Mr. CLYMER. Thank you, Mr. Speaker. 1 wonder if the prime sponsor would stand for just a brief interrogation? The SPEAKER. Mr. Dombrowski indicates he will stand for interrogation. You are in order, and you may proceed, Mr. Clymer. Mr. CLYMER. Thank you, Mr. Speaker. Mr. Speaker, could the prime sponsor tell me how many limited wineries we have in Pennsylvania? Mr. DOMBROWSKI. Just a minute, please. Mr. Speaker, I cannot tell you exactly how many we have, but in the survey that they took on the wineries that reported back there were 49. Mr. CLYMER. Okay. Thank you. Mr. Speaker, does the bill as I understand it allow a person to go into one of these limited wineries and to consume the beverage? What regulatory authority would that person be under as he would consume this beverage? When you go into a tavern that has a liquor license, it is the Liquor Control Board that is overseeing the aspect of that activity. What regulatory authority would be supervising the consumption of wine in one of these limited wineries? Mr. DOMBROWSKI. Currently the Liquor Control Board regulates the wineries. The only time the Liquor Control Board would not regulate the prices of the wine would be for the wine that is sold at the limited winery. If it is sold in a liquor store, the prices would be regulated by the Liquor Control Board. beverages-and that is what we are doing in this particular piece of legislation-we only accent the problem of those who become compulsive to alcoholic beverages. Certainly we do not want to see in this Commonwealth people destroyed- The SPEAKER. Just a moment. Just a moment, Mr. Clymer. Please. The Chair recognizes how the House members may feel this afternoon. All of us have gone through a traumatic experience which we wish we had not had to go through, but the Chair would appreciate it if you would try to calm down a bit and stay a little quieter than you have been so that we can at least hear the debate. The Chair apologizes to you, Mr. Clymer. You may continue. Mr. CLYMER. Thank you, Mr. Speaker. Certainly we recognize the social harm that has been done by alcoholic beverages, and therefore I conclude, Mr. Speaker, this is not in the best interest of Pennsylvanians and would ask mv colleaaues for a neaative vote. Thank vou. On the question recurring, Shall the bill pass finally? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. YEAS-172 Acosta Angstadt Argall Arty Barley Ballisto Belardi Belfanti Billow Black Blaum Book Bortner Bawley Bowser Brandt Broujos Bunt Burd Burns Bush Dininni Distler Dombrawski Dorr Duffy Durham Evans Fargo Farmer Fattah Fee Flick Fox Freeman Gallen Gamble Gannon Geist George Gladeck Godshall LaGrotta Lashinger Leh Lescovitz Letterman Levdansky Linton Livengood Lloyd Lucyk McCall McClatchy McHale McVerry Maiale Maine Manderino Manmiller Markosek Mayernik Melia Raymond Reber Reinard Richardson Kilter Robbins Roebuck Rudy Ryan Rybak Saloom Saurman Schuler Semmel Serafini Sirianni Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Staback Caltagirone Gruitza Merry Stairs I Cappabianca Gruppo Michlavic Steighner Carlson Hagarty Micozrie Stuban Mr. CLYMER. So you are saying that the Liquor Control Cam Haluska Miller Sweet Board would be supervising the consumption of the wine in Cessar Harper Moehlmann Taylor. E. 2. one of these limited wineries. Is that my understanding? Chadwick Hayden Morris Taylor, F. Civera Hayes Mowery Taylor, J. Mr. DOMBROWSKI. From what I understand, that is Clark Heckler Mrkonic Trello current policy. They do supervise the consumption of wine at cohen Herman Murphy Van Horne the wineries. Colafella Hess Nahill Vean Honaman Noye Wambach Mr. CLYMER. Thank you, Mr. Speaker. That concludes Howlett O'Brien Wass my interrogation. The SPEAKER. On final passage, the Chair recognizes the gentleman. Mr. CLYMER. Thank you. Mr. Speaker, my concern is and always has been that as we expand the ability for Pennsylvanians to consume alcoholic Corrigan Cowell Coy DeLuca DeVener DeWeese Daley Davies Dawida Dempsey Hughes Hutchinson Jackson Jadlowiec Jaralin Josephr Kasunic Kenney Kitchen Kosinski O'Donnell Olasz Perzel Petrone Piccola Pievsky Pistella Prcssmann Preston Punt Weston Wogan Worniak Wright, D. R. Wright, J. L. Wright, R. C. Yandrisevils Irvis, Swaker

13 1988 LEGISLATIVE JOURNAL-HOUSE 823 Dietterick Kukovieh NAYS-I5 Birmelin Foster Langtry Showers Boyes Hasay Phillips Tigue Cawley Hershey Pitts Vroon Clymer Johnson Scheetz NOT VOTING-6 Donatucci Kennedy Rieger Wiggins ltkin Oliver EXCUSED-4 Fischer Freind Petrarca Seventy 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. ANNOUNCEMENT BY SPEAKER The SPEAKER. Before the Chair calls for the next vote, a number of members have been to the Chair talking about the question of security for our persons, our personnel, and the property of the House of Representatives and of the Senate. A number of members have come up with suggestions for improving the security of this building and the personnel working in it. For the information of the floor, the leaders of the Republican Party, the leaders of the Democratic Party in both the House and the Senate will meet on Wednesday morning to discuss the improvement of security for those people who work in this building and in other buildings attached to either the Senate or the House, so at least you will know that your leaders have not gone to sleep on this matter. We will be able to report to you when we have a report, but we are having the first meeting this Wednesday. The Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, 1 agree with everything you said. 1 think, though, that the record should show that the leadership had commissioned a survey, a copy of which we received on Friday, a preliminary security survey, which was done by a professional group and requested several months ago that we just received, and we are going to meet on this as well to take up their views. ' The SPEAKER. What Mr. Ryan is too polite to say is that i he and Mr. Manderino, Mr. O'Donnell, Mr. Hayes, and the Speaker are understandably upset that a study which we authorized was not forthcoming quite as rapidly as we think it should have. We do have that study in our hands, and even though the study may agree with all of our preconceived notions, we are going to go ahead with our meeting and we shall report to the floor on that meeting, so do not rush to judgment with your bills and suggestions of what we should do. We understand how you feel; we agree with that feeling. Let us have a few days to see if we cannot work this thing out, but we promise you, as we promised the family when we were at the funeral of our fallen member, we are going to do everything within our power to see to it that this does not happen ever again to any of our people. WELCOME The SPEAKER. Reid Bennett - do you remember him, the wild Indian we had in the House of Representatives? Reid, welcome to the floor of the House. His son-in-law, Jeff Couchran, is with him. Reid, Jr., will you come on up, and Jeff Couchran, the son-in-law of Reid, come on up. BILLS ON THIRD CONSIDERATION CONTINUED The House proceeded to third consideration of SB 1053, PN 1813, entitled: An Act reestablishing the Pennsylvania Turnpike Commission; providing for an interim audit; and increasing the compensation of the members of the Pennsylvania Turnpike Commission. Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. EEgirone Cappabianca Carlson 1 cawley Cessar Chadwick Civera Clark Clymer Cohen Colafella Cole Cornell Corrigan Cowell COY DeLuca DeVerter DeWeese Daley YEAS-176 Angstad[ Dietterick LaGrotta Reber Argall Dininni Langtry Reinard Arty Distler Lashinger Ritter Barley Dombrowski Leh Robbins BattiSto Dorr Lescovitz Rudy Belardi Duffy Letterman Ryan Belfanti Durham Levdansky R ybak Billow Fargo Livengood Saloom Birrne'in Farmer Lloyd Saurman Black Fee Lucyk Scheetz Blaum Flick McCall Schuler Book Faster McClatchy Semmel Bortner FOX McHale Serafini Bowley Freeman McVerry Showers Bowser Gallen Maialc Sirianni Boyes Gamble Maine Smith. B. Cannon Manderino Smith, S. H. Broujos Geist Manmiller Snyder, D. W. Bunt George Markosek Snyder, C. Burd Gladeck Mayernik Staback Burns Godshall Gruitza Cruppo Hagarty Haluska Harper Hasay Hayden Haycs Heckler Herman Hershey Hess Honaman Howlett Itkin Jackson Jadlowiec Jarolin Johnson Josephs Kasunic Melio Merry Michlavic Micazzie Miller Moehlmann Morris Mowery Murphy Nahill Noye O'Brien O'Donnell Olasz Perrel Petrone Phillips Piccola Pievsky Pistella Pitts Pressmann Slairs Steighner Stuban Sweet Taylor. E. Z. Taylor, F. Taylor, J. Tigue Trello Van Horne Veon Vraon Wambach Wass Weston Wogan Worniak Wright, D. R. Wright. J. L. Wright, R. C. Yandrisevits

14 ~~~ u 824 LEGISLATIVE JOURNAL-HOUSE MAY 23, Davies Kenney Punt Irvis, Dawida Kosinski Raymond Speaker Dempsey Kukovieh NAYS-9 Acosla Hughes Linton Preston Carn Kitchen Mrkonic Richardson Fallah NOT VOTING-8 Donatucci Hutchinson Oliver Roebuck Evans Kennedy Rieger Wiggins EXCUSED-4 Fischer Freind Petrarca Seventy 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 return the same to the Senate with the information that the House has passed the same with amendment in which the concurrence of the Senate is requested. The House proceeded to third consideration of HB 1151, PN 3075, entitled: An Act amending the act of June 23, 1931 (P. L. 932, No. 317). known as "The Third Class City Code," permitting interests in police pensions funds to vest after 12 years; and providing for the amount of the retirement allowance benefit vested. Will the House agree to the bill on third consideration? Ms. RITTER offered the following amendments No. A2253: Amend Title, page 1, line 5, by striking out "; AND" and inserting under certain conditions; Amend Title, page I, line 6, by removing the period after "VESTED" and inserting ; and adding a definition Amend Sec. I, page 1, line 9, by striking out "Section 4302 of the" and inserting The Amend Sec. 1, page I, lines I1 and 12, by striking out "and amended November 25, 1970 (P.L.754, No.246)" Amend Sec. 1, pape.. I. line 12. bv inserting - after "amended" by adding a section mend ~ec. 1 (Sec , page I, lines 13 through 17; Page 2, lines 1 through 15, by striking out all of lines 13 through 17, page I, all of lines I through 14 and ''us in line IS, page 2, and insertine Section Limited Vested Benefit.-(a1 Amend Sec. I (Sec. 4302), page 2, line 15, by inserting after.'l,, - - limited Amend Sec. I (Sec. 4302). page 2, lines 21 through 30; page 3, lines 1 through 3, by striking out "@" in line 21 and all of lines 22 through 30, page 2, all of lines 1 through 3, page 3, and insertina fuil-time service, the member shall be entitled to vest his or her retirement benefits subject to the following conditions: (1) the member must file with the management board of the police pension fund a written notice of his or her intention to vest; "w' Amend Sec. 2 (Sec. 4303), page 3, line 15, by striking out and inserting Amend Rill, page 3, by inserting between lines 21 and 22 Section 3. The act is amended by adding a section to read: Section Definitions.-As used in this subdivision the term "salary" is defined as the total income paid to the member by the city from which pension contributions have been deducted. Amend Sec. 3, page 3, line 22, by striking out "3" and inserting 4 Will the House agree to the amendments? The SPEAKER. The Chair recognizes the lady from Lehigh, Ms. Ritter, on the first of her amendments. Ms. RITTER. Actually, Mr. Speaker, this is a revised amendment. The other one has been withdrawn. First of all, I should say that this is an agreed-to amendment by the prime sponsor and it has also been agreed to by the F.~,p, ( ~ order of ~ Police), so ~ for those ~ of you to ~ whom that is important, you can turn your headsets off: oth- 1 erwise, 1 will explain briefly what the amendment does. First of all, we have deletion language in this amendment regarding section 4302, and it simply means that 4302 will remain as it is in law. We are deleting the addition of the two letters that were done in the bill. We are making no changes to section We are adding a section which will limit the 12-year vesting benefit as follows: First of all, the member requesting this 12- year vesting benefit must be a full-time member of the police force, must file a written notice giving at least 30 days' notice of his or her intention to vest after 12 years. The member must

15 ~ -~~~, 1988 LEGISLATIVE JOURNAL-HOUSE 825 also he a member of good standing in the police force, therefore not someone who is under suspension or under any other disciplinary measures. It also provides that the pension board shall determine at the time of the filing of this notice of intention to vest the amount of salary which will be used in calculating the pension benefit. Rather than waiting until the member retires some years down the road, the pension hoard will determine at that time, while the records are more current, either the amount of money heing paid to the member at the time of the notice or, as in other cases, an average of any 5 years during that member's service, whichever is higher. So the calculation of the salary will stay the same. It also requires that the member notify the city in writing when he or she reaches retirement age of the intention to collect the pension at that point, so it requires the member to notify the city. The rest of the language under section (h)(2) on the reverse side of the amendment is a restatement of the language that was in the original bill regarding the percentage of benefits to be paid at retirement under this early vesting provision. So what we are doing in terms of this 12-year vesting is we are putting certain restrictions - certain, I think, reasonable restrictions - in terms of a member being in good standing, being full time, and filing a written notice giving at least 30 days' notice of intention to retire. In addition, we have a section 4309, which is the definition of "salary," and this language came about based on conversations that I had with the assistant city solicitor in Allentown who handles pension matters and also with the attorney for the F.O.P., and they both expressed concerns that in court cases in the past there has been some question as to the definition of the word "salary" as used in the pension section of the code. So what we wanted to do with this section was to clarify the intent of the definition of "salary," which is, "...total income paid to the member by the city from which pension contributions have been deducted." In other words, under some pension plans pension contributions are deducted from overtime pay, and then when the member retires, that overtime pay is used in calculating the amount of pension to which that member is entitled. In other pension systems they do not deduct pension contributions from overtime pay, and therefore, the overtime is not included in the calculations. So this language will make it appropriate for either one of those systems to continue to follow the procedure that they have in the past regarding overtime and other types of additional pay over and above their salaries. 1 believe that those are the only changes, and 1 would ask 1 for an affirmative vote. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes the gentleman from Cumberland, Mr. Mowery, on the Ritteramendment. Mr. MOWERY. Thank you, Mr. Speaker. The Ritter amendment does nothing more than spell out in more detail what is already outlined in the bill itself. I would recommend that we vote for the amendment. On the question recurring, Will the House agree to the amendments? The following roll call was recorded: Acosta Angstadl Argall Arty Barley Battist0 Belardi Belfanti Billow Rirrnelin Black Blaum Book Bortner Bowley Bowser Boyes Brandl Broujos Bunt Burd Burns Bush Caltagirone Cappabianca Carlson Carn Cawley Ccssar Chadwick Civera Clark Clymer Cohen Colafella Cole Cornell Corrigan Cowell COY DeLuca DeVener DeWeese Daley Davies Dawida Dempsey Dietterick Donatucci Kennedy YEAS-188 Dininni Kukovich Distler LaGrotta Dombrowski Langtry Dorr Lashinger Duffy Leh Durham Lescovitr Evans Letterman Fargo Levdansky Farmer Lint on Fattah Livengood Fee Lloyd Flick Lucyk Foster McCall Fox McClatchy Freeman McHale Gallen McVerry Gamble Maiale Cannon Maine Geist Manderino George Manmiller Gladeck Markosck Cadshall Mayernik Cruitra Melio Cruppo Merry Hagarty Michlovic Haluska Micarzie Harper Miller Hasay Moehlmann Hayden Morris Hayes Mowery Heckler Mrkonic Herman Murphy Hershey Nahill Hess Noye Honaman O'Brien Howlett O'Donnell Hughes Olasz Hutchinson Perzel ltkin Petrone Jackson Phillips Jadlowiec Piccola Jarolin Pievsky Johnson Pistella Josephs Pitt~ Kasunic Pressmann Kenney Preston Kitchen Punt Kosinaki NAYS-0 NOT VOTING-5 Oliver Rieger Raymond Reber Reinard Richardson Ritter Robbins Roebuck Rudy Ryan Rybak Saloam Saurman Schectz Schuler Semmel Serafini Showers Sirianni Smith. B. Smith, S. H. Snyder, D. W Snyder, G. Staback Stairs Steighner Stuban Sweet Taylor, E. Z. Taylor, F. Taylor. J. Time rrello Van Horne Vean Vroon Wamhach Wass Weston Wogan Wozniak Wright, D. R. Wright. 1. L. Wright, R. C. Yandrisevits Irvis, Speaker Wiggins FlrChPr.~... ~rexnd. Petrilrca Seventv ~ The question was determined in the affirmative, and the amendments were agreed to. Will the House agree to the bill on third consideration as amended? Bill as amended was agreed to.

16 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. Acosta Angstadt Argall Arty Barley Battista Belardi Belfanti Billow Birmelin Black Blaum Book Barlner Bowley Bowser Boyes Brandt Brouios Bunt Burd Burns Bush Caltaeirone - Cappabianca Carlson Carn Cawley Cessar Chadwick Civera Clark Clymer Cahen Calafella Cole Cornell Corrigan Cowell COY DeLuca DeVerter DeWeese Daley Davies Dawida Dempsey Dietterick Donatucci Kennedy Dininni Di~tler Dombrawski Dorr Duffy Durham Evans Fargo Farmer Fattah Fee Flick Foster Fox Freeman Callen Gamble Cannon Geist George Gladeck Godshall Gruitza G~UPPO Hagarly Haluska Harper Hasay Hayden Hayes Heckler Herman Hershey Hess Honaman Howlett Hughes Hutchinson ltkin Jacksan Jadlowiec Iarolin Johnson Josephs Kasunic Kenney Kitchen Maide Oliver YEAS-I87 Kosinski Kukavich LaGrotta Langtry Lashinger Leh Lescovitz Letterman Levdansky Linton Livengoad Lloyd Lucyk McCall MeClatchy McHale McVerry Maine Manderino Manmiller Markosek Mayernik Melia Merry Michlovic Micozzie Miller Maehlmann Morris Mowers Mrkonic Murphy Nahill Noye O'Brien O'Donnell Olasz Perzel Petrane Phillips Piccola Pievsky Pistella Pitt~ Pressmann Preston Punt NAYS-0 NOT VOTING-6 Rieger EXCUSED-4 LEGISLATIVE JOURNAL-HOUSE MAY 23, Raymond Reber Reinard Richardson Ritter Robbins Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Semmel Serafini Showers Sirianni Smith, B. Smith. S. H. Snyder, D. W Snyder, G. Staback Stairs Steighner Stuban Sweet Taylor, E. Z. Taylor, F. ~igue Trello Van Horne Veon Vroon Wambach Wasr Westan Wagan Wozniak Wright, D. R. Wright. J. L. Wright. R. C. Yandrisevits Irvii, Speaker BILL ON CONCURRENCE IN SENATE AMENDMENTS The clerk of the Senate, being introduced, returned the following HB 183, PN 3150, with information that the Senate has passed the same with amendment in which the concurrence of the House of Representatives is requested: An Act amending the act of May 25, 1945 (P. L. 1050, No. 3941, known as the "Local Tax Collection Law," further providing for the compensation of tax collectors in first class townships. Will the House concur in Senate amendments? The SPEAKER. On that question, the Chair recognizes the gentleman from Westmoreland, Mr. Hutchinson. The question is, Mr. Hutchinson, shall the House concur in amendments inserted by the Senate to HB 183? Mr. HUTCHINSON. This bill left the House and the Senate put an amendment in for second-class counties. Their tax collectors in the county collect all the county taxes. In other parts of Pennsylvania, a tax collector elected by the people collects all taxes, and what this does is give them extra money, pro rata share, in Allegheny County. The SPEAKER. Those who believe we should concur in the Senate amendments, as suggested by Mr. Hutchinson, will vote "aye"; those who do not believe we should concur will vote "no." On the question recurring, Will the House concur in Senate amendments? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. Acasta Angrtadt Argall Arty Barley Battisto Belardi Belfanti Billow Birrnelin Black Blaum Book Bortner Bowley Bowser Boyes Bcandt Broujas Bunt Burd Burns Bush Dininni Distler Dambrowski Dorr Duffy Durham Evans Fargo Farmer Fatcah Fee Flick Foster Fox Freeman Gallen Gamble Cannon Geist George Gladeck Godshall Gruitza Kosinski Kukovich LaGrotta Langtry Lashinger Leh Lescovitz Letterman Levdansky Linton Livengood Lloyd Lucyk McCall McClatchy McHale McVerry Maine Manderino Manmiller Markosek Mayernik Melio Raymond Reber Reinard Richardson Ritter Robbins Roebuck Rudy Ryan Rybak Salaam Saurman Scheetz Schuler Semmel Serafini Showers Sirianni Smith, B. Smith, S. H. Snyder, D. W Snyder, G. Staback Fischer Freind Petrarca Seventy The majority required by the Constitution having voted in Caltagirone Cappabianca Gruppo Hagarty Merry Michlovic Stairs Steighner the affirmative, the auestion was determined in the affirma- Carlson Haluska Micozzie Stuban tive and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence. Carn Harper Miller Sweel Cawley Hasay Moehlmann Taylor, E. Z. Cessar Hayden Morris Taylor, F. Chadwick Hayes Mowery Taylor. J. Civera Heckler Mrkonic Tigue Clark Herman Murphy Trello Clymer Hershey Nahill Van Horne

17 1988 LEGISLATIVE JOURNAL-HOUSE 827 Cohen Hess Noye Veon The SPEAKER. The Chair thanks the gentleman. The desk Colafella Honarnan O'Brien Vroon will be kept open. Cole Howlett O'Dannell Wambach Cornell Corrigan Cawell COY DeLuca DeVerter DeWeese Daley Davics Dawida Dempsey Dietterick Hughes Huichinson ltkin Jacksan ladlowiec Jarolin Johnson Josephs Kasunic Kenney Kitchen Olasr Perzel Perronc Phillips Piccola Pievsky Pistella Pitts Pressmann Preston Punt NAY S-0 NOT VOTING-6 Wars Weston Wogan Wozniak Wright, D. R Wright, 1. L. Wright. R. C. Yandrisevits Irvis, Speaker Donarucci Maiale Rieger Wiggins Kennedy Oliver EXCUSED-4 Fischer Freind Prtrarca Seventy The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the amendments were concurred in. Ordered, That the clerk inform the Senate accordingly. WELCOME The SPEAKER. The Chair is always delighted to welcome mothers and fathers of Representatives to the hall of the House. We do not get a chance to do that very often, but today we not only have the mother of a Representative but we have three of her aunts here. Patricia Peteraf is the mother of Fran Weston; Rose Brown, Ann Fellows, and Nancy Morgan are her aunts. They are to the left of the Speaker. Would you please rise. Welcome to the floor of the House. We are delighted to welcome you. We are delighted that you could come and visit. ANNOUNCEMENT BY MR. RYBAK The SPEAKER. The Chair recognizes the gentleman from Northampton, Mr. Rybak. Mr. RYBAK. Thank you, Mr. Speaker. Mr. Speaker, I want to announce that the House Insurance Committee meeting scheduled for Thursday at 9 o'clock, May 26, in room 40E East is canceled and is rescheduled for Wednesday morning at the same time and place. I urge all members to attend the meeting. Thank you. AGRICULTURE AND RURAL AFFAIRS COMMITTEE MEETING The SPEAKER. The Chair recognizes the gentleman from Chester, Mr. Morri?. Mr. MORRIS. Thank you, Mr. Speaker. There will be a meeting of the Agriculture and Rural Affairs Committee at the rear of the House immediately on the call of the recess. I BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED SB 738, PN 2076 (Amended) By Rep. KUKOVICH An Act amending the act of April 27, 1927 (P. L. 450, No. 291), entitled, as amended, "State Fire Marshal Law," providing for the delivery of fuels to retail service stations; and imposing penalties. CONSUMER AFFAIRS. APPROPRIATIONS COMMITTEE MEETING The SPEAKER. The Chair recognizes the gentleman from Philadelohia... Mr. Pievskv. Mr. PIEVSKY. Thank you, Mr. Speaker. Immediately upon the call of the recess there will be a meeting of the Appropriations Committee at the rear of the chamber. Thank you, Mr. Speaker. The SPEAKER. The Chair will remain open. STATEMENT BY MR. RICHARDSON The SPEAKER. The Chair recognizes, under unanimous consent, the gentleman from Philadelphia, Mr. Richardson. Mr. RICHARDSON. Thank you very much, Mr. Speaker. Mr. Speaker, I rise today concerning the security matters and problems in this House of Representatives. For some time we have tried to raise this question with members on this floor, particularly as it related to the access in the various buildings where we have our legislators, and it seems to me that this is an issue that, while the leadership has indicated there is a major concern and emphasis being placed on doing something specifically about that, it brought to mind that we always have to wait for something tragic to happen before we do something about it. Under the past administration we attempted to make very clear that we were losing a number of police officers, Capitol Police officers in this Capitol, which meant that a number of the buildings were closed and it meant that individual police officers had to go in and around to some of these particular buildings by themselves. I think this is important, Mr. Speaker, and I would like to have some attention. The SPEAKER. The gentleman's point is well taken. The Chair asks you to quiet down. Proceed. Mr. RICHARDSON. Thank youvery much, Mr. Speaker. I think this involves one of our members, and 1 think it is kind of important. Now, for those who do not think it is important, that is another matter, but I do think that when it comes to security, I am a very security-minded person. When we raised these questions before on the floor of this House about the fact that we could not even get into the South Office Building, they used to lock the building up, we had to ring

18 828 LEGISLATIVE JOURNAL-HOUSE MAY 23, bells in order to get in, the members laughed, thought it was funny. Now that a member is gone and we indicate that there is a problem about security, now we are thinking about doing something about it. 1 think we need to do everything about it. It should become a top priority for us to recognize that in fact members and staff persons should always be protected. When there were several women who were accosted down in the garage, I sent a memo indicating that the Capitol Police should escort all of our women to their cars or to whatever their destination might be in the Capitol Complex so that at least there would be safety for them. As a result, that memo was laughed at, and we never did anything directly to deal with the problem as it resulted with those individual persons who havein fact been accosted. I think that we are seeing ourselves now in a situation where we have to do something. We either have to fish or cut bait. Now, it is quite obvious that we cannot do it all at one time. But when you go from 114 police officers in 1979 down to 65 now handling all of the same buildings- We as members have spread out. We are in more buildings than we once *ere. We all used to be in the Main Capitol Building. We all are not in the ~~i~ capitol ~ ~ i lanymore, d i ~ ~ which means that we need more Capitol Police, and it cannot happen unless we in fact put an emphasis on it. The security persons should handle security and police officers should handle police matters, and it cannot be any other way. If you do not have anybody down there in the garage, you cannot have protection; if you do not have anybody allowing access in and out of the buildings at all times, not when they get a chance to get a phone call and then let you in the building. We used to at one time go in the back of the floor before they built this new complex we have now, which is the East Wing, and we could enter from the back of the garage at that time where the parking lot was and that door was open all the time. The doors are closed now, so even if you were trapped and you had to run to a door, you could not get any protection because the doors are locked. I would think that today, Mr. Speaker, one of the things that has to take place is that there has to be a better consciousness about staff and our members to make sure that they are protected, and if there was ever a point to be well taken, it is that might be deserving of the applause of the members of the House. The SPEAKER. The Chair agrees. Mr. McHALE. Thank you, Mr. Speaker. The SPEAKER. The Chair agrees that we have had tragedy, but we also have triumphs, and we are very proud of you. That is a wonderful thing to be able to do. REMARKS ON VOTE The SPEAKER. Why does the gentleman from Blair, Mr. Johnson, rise? Mr. JOHNSON. I would like to correct the record, Mr. Speaker. On HB erroneously voted in the negative. I would like to be recorded in the affirmative. Thank you. The SPEAKER. The gentleman's remarks will be spread upon the record. RULES COMMITTEE MEETING The SPEAKER. The Committee on Rules will meet immediately to the left Of the ~h~~~ will be no further votes taken on the noor the House. There will be caucuses. DEMOCRATIC CAUCUS The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Itkin. Mr. ITKIN. Mr. Speaker, the Democrats will meet in the majority caucus room immediately on the declaration of the recess. REPUBLICAN CAUCUS The SPEAKER. The Chair recognizes the gentleman from P~"Y, Mr. Noye. Mr. NOYE. Republicans will meet immediately upon the adoption of the recess. the fact that the death of one of our members bring The SPEAKER. The Chair thanks the gentleman. that to mind and that we should do something about it imme- The members are now free to leave. diately. RESOLUTIONS REPORTED FROM COMMITTEE ANNOUNCEMENT BY MR. McHALE I HR 270. PN 3264 Bv. Ren.. MANDERINO The SPEAKER. The Chair recognizes the gentleman from Memorializing Congress to favorably consider H.R. 3436, Lehigh, Mr. McHale. which would provide comprehensive home health care for Americans of all ages who meet certain requirements of need. Mr. McHALE. Thank you, Mr. Speaker. Mr. Speaker, if I might have the members' attention for RULES. just a moment. HR 271, PN 3265 By Rep. MANDERINO Mr. Speaker, I simply rise to bring to the attention of the ~ ~ chili perm ~ pod of ~ i ~ ~ d pennsylvania, ~ i l l ~ ~, as members the fact that yesterday one of our colleagues, Repre- the official soonsor of the annual Pennsvlvania State Chamoionship chili ~dokoff. ~ sentative Jack Pressmann from Allentown, after attending college part time for the past 15 years, was awarded his undergraduate degree by Cedar Crest College, and I thought that RULES,

19 HR 275, PN 3274 By Rep. MANDERINO Memorializing Congress to defeat the enactment of H.R RULES. LEGISLATIVE JOURNAL-HOUSE HR 277, PN 3290 By Rep. MANDERINO Memorializing Congress to exempt farmers from provisions of the Commercial Motor Vehicle Safetv Act of RULES HR 281, PN 3310 By Rep. MANDERINO Designating the month of May 1988 as "Physical Fitness and Sports Month." RULES. HR 285, PN 3323 By Rep. MANDERINO Designating May 1 through May 31, 1988, as "Worldwide Bluegrass Music Month in Pennsylvania." RULES. BILLS REREPORTED FROM COMMITTEE SB 525, PN 578 By Rep. MANDERINO An Act amending the act of March 4, 1971 (P. L. 6, No. 2). entitled "Tax Reform Code of 1971," further providing for exclusions from retail sales tax. RULES. SB 938, PN 1225 By Rep. MANDERINO An Act amending the act of July 3, 1987 (P. L. 459, No. YA), known as the "General Appropriation Act of 1987," adding, increasing and decreasing certain State and Federal appropriations to the various components of the Executive Department. RULES. SB 941, PN 1226 By Rep. MANDERINO An Act amending the act of July 2, 1984 (P. L. 520, No. 105). entitled "Business Infrastructure Development Act," extending the expiration date of the act. RULES. SB 942, PN 1227 By Rep. MANDERINO An Act amending the act of July 2, 1984 (P. L. 568, No. 113), entitled "Employee.Ownership Assistance Program Act," further providing for the transfer of certain appropriations; and extending the expiration date of the act. RULES. BILLS RECOMMITTED ~h~ SPEAKER, ~h~ chair recognizes the majority leader. MANDERINo' Speaker, I Illove Ihat the ing bills be recommitted to the Committee on Appropriations: SB 525; SB 938; SB 941; and SB 942. Will the House agree to the motion? I Motion was agreed to. REPORT OF COMMITTEE ON COMMITTEES The SPEAKER. The Chair is in receipt of a supplemental report from the Committee on Committees. The following report was read: SUPPLEMENTAL REPORT Committee on Committees In the House of Representatives May 23, 1988 RESOLVED, That Allegheny County's David Mayernik has resigned from the Agriculture Committee and has been removed therefrom. Respectfully submitted, Amos K. Hutchinson Chairman Committee on Committees Will the House adopt the resolution? Resolution was adopted. No HOUSE BILL INTRODUCED AND REFERRED By Representative McCALL An Act designating a certain bridge crossing the Lehigh River as the Jim Thorpe Memorial Bridge. Referred to Committee on TRANSPORTATION, May 23, BILL SIGNED BY SPEAKER The Chair gave notice that he was about to sign the following bill, which was then signed: An Act amending the act of May 25, 1945 (P. L. 1050, No. 394), known as the "Local Tax Collection Law," further providing for the compensation of tax collectors in first class townships. BILLS REREPORTED FROM COMMITTEE HB 442, PN 3337 (Amended) By Rep. PIEVSKY An Act amending the act of June 30, 1981 (P. L. 128, No. 43), known as the "Agricultural Area Security Law," further providing for agricultural areas, public hearings, evaluation criteria, decisions and reviews of proposed areas, appeals, limitation on local aeencies... oolicv. of Commonwealth aeencies. limitations on exercis; of eminent domain and purchases-of development easements in agricultural areas; authorizing the issuance of bonds for the purchase of agricultural conservation easements; and making editorial changes. APPROPRIATIONS HB 493, PN 3338 (Amended) By Rep. PIEVSKY

20 An Act authorizing Commonwealth agencies to establish pilot day-care programs for the children of agency employees. APPROPRIATIONS. HB 494, PN 544 B~ R ~ PIEVSK- ~, An Act authorizing the Department of the Auditor General to utilize Commonwealth property for a pilot day-care program for the children of its employees. APPROPRIATIONS. HB 585, PN 3339 (Amended) By Rep. PIEVSKY An Act amending the act of April 9, 1929 (P. L. 177, No. 175), known as "The Administrative Code of 1929," further providing for benefits for nonhospital alcohol and drug detoxification and treatment. APPROPRIATIONS. HB 1394, PN 2709 By Rep. PIEVSKY An Act amending the act of July 7, 1980 (P. L. 380, No. 97), known as the "Solid Waste Management Act," further providing for powers and duties of the department, the Environmental Quality Board and the Environmental Hearing Board, for the management of hazardous waste, for permits and licenses and for enforcement; establishing the Host Municipalities Fund and providing for its administration; and making an appropriation. APPROPRIATIONS. HB 1395, PN 3340 (Amended) By Rep. PIEVSKY An Act amending the act of April 9, 1929 (P. L. 177, No. 175), known as "The Administrative Code of 1929," further providing for enforcement and for the resolution of certain complaints. APPROPRIATIONS. HB 1852, PN 3341 (Amended) By Rep. PIEVSKY An Act providing for the cleanup of hazardous waste sites; orovidine further oowers and duties of the Denartrnent of Envi- ;onmental ~esources and the Environmental ~Lality Board; pro- I viding for response and investigations for liability and cost recovery; establishing the Hazardous Sites Cleanup Fund; providing for certain fees and for enforcement. remedies and oenalties: and making an appropriation. APPROPRIATIONS. HB PN 3219 B~ R~D. PIEVSKY An Act providing for the licensure and regulation of athlete agents and athlete agent firms; prescribing the powers and duties of the Department of State with respect thereto; and providing for penalties and remedies. APPROPRIATIONS. LEGISLATIVE JOURNAL-HOUSE MAY 23,.. SB 938, PN 2077 (Amended) By Rep. PIEVSKY An Act amending the act of July 3, 1987 (P. L. 459, No. 9A), known as the "General Appropriation Act of 1987," adding, increasing and decreasing certain State and Federal appropriations to the various components of the Executive Department. APPROPRIATIONS. SB 1167, PN 2078 (Amended) By Rep. PIEVSKY An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, authorizing the Governor to utilize public or quasi-public property; changing the organization of the council; expanding powers and duties; ratifying reorganization structure; further regulating authority of political subdivisions; expanding compensation for injuries; creating the office of Pennsylvania State Fire providing for the Pennsyl. Yania State Fire Academy and the Pennsylvania Volunteer Loan Assistance Program: and reestablishinr the Pennsylvania Emer- I gency ~anagement Agency. APPROPRIATIONS BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED HB 2433, PN 3245 By Rep. PIEVSKY An Act amending the act of July 3, 1947 (P.L.1242, No.507), entitled "An act relating to police and firemen's pension fund in cities of the second class A, and directing such cities to appropriate certain moneys thereto, and requiring reports and audits," further providing for credit for military service. APPROPRIATIONS. HB 2434, PN 3246 By Rep. PIEVSKY An Act amending the act of September 23,,1959 (P,L,970, No.400), referred to as the Second Class A City Employe Pension Law, further providing for credit for military service. APPROPRIATIONS. BILLS REMOVED FROM TABLE The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker. I move that HB 2434 and HB 2433 be lifted from the tabled calendar and placed on the active calendar. Will the House agree to the motion? Motion was agreed to. The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for thirdconsideration: SB 1167, p~ 2078; HB 1880, p~ 3219; HB,852, p~ 3341; HB 1395, PN 3340; HB 1394, PN 2709; HB 585, PN 3339; HB 494, PN 544; HB 493, PN 3338; and HB 442, PN BILLS PASSED OVER The SPEAKER. Without objection, all remaining bills on today's calendar will be passed over. The Chair hears no objection. ADJOURNMENT The SPEAKER. There being no further business to be brought before this the regular session of the House of Repre-