1 Mr. STEIGHNER. Thank you. Mr. Speaker.

Transcription

1 COMMONWEALTH OF PENNSYLVANA LEGSLATVE JOURNAL MONDAY, OCTOBER 21, 1991 SESSON OF TH OF THE GENERAL ASSEMBLY No. 76 HOUSE OF REPRESENTATVES The House convened at 1 p.m., e.d.t. THE SPEAKER PRO TEMPORE (JEFFREY W. COY) PRESDNG PRAYER REV. CLYDE W. ROACH, Chaplain of the House of Representatives, from Harrisburg, Pennsylvania, offered the following prayer: Let us pray: Gracious God our Father, You told us, "And you shall know the truth and the truth shall set you free." And William Shakespeare said, "And this above all-to thine ownself be true; and it shall follow, as night the day, thou canst not then be false to any man." 0 God, teach us to love truth and to pursue it wherever it might lead us, for we know it will ultimately lead us to Your very presence. n all of our dealings, may we give the truth, the whole truth, and nothing but the truth, so help us Lord, realizing "That an error is the more dangerous, the more truth it contains." n Your dear name we pray. Amen. PLEDGE OF ALLEGANCE (The Pledge of Allegiance was recited by members and visitors.) JOURNAL APPROVAL POSTPONED The SPEAKER pro tempore. Without objection, the approval of the Journal of Wednesday, October 16, 1991, will be postponed until printed. The Chair hears no objection. COMMUNCATON FROM SPEAKER House of Representatives Commonwealth of Pennsylvania Harrisburg October 21, 1991 To the Honorable, House of Representatives Pursuant to House Rule 1 this is to advise that have appointed the Honorable Jeffrey W. Coy as Speaker pro tempore, for Monday, Robert W. O'Donnell Speaker BLLS REMOVED FROM TABLE The SPEAKER pro tempore. The Chair recognizes the gentleman from Greene County, the majority leader, Mr. DeWeese. Mr. DeWEESE. Mr. Speaker, move that the following bills be removed from the tabled calendar and placed on the active calendar: HB 2000, and HB Motion was agreed to. BLL ON SECOND CONSDERATON The following bill, having been called up, was considered for the second time and agreed to, and ordered transcribed for third consideration: HB PN LEAVES OF ABSENCE The SPEAKER pro tempore. Are there requests for leaves of absence? The Chair recognizes the gentleman from Butler County, Mr. Steighner, 1 Mr. STEGHNER. Thank you. Mr. Speaker. SPEAKER PRO TEMPORE APPONTED Mr. Saeaker, would ask for leave for today for the gentle- The SPEAKER Pro tempore. Communication from the man from Allegheny, Mr. MCHLOVC; the gentleman from Speaker of the House, which the clerk will read. Cumberland. Mr. BROUJOS:. the gentleman - from Allegheny,. ~ The following communication was read: Mr. LEVDANSKY; the gentleman from Philadelphia, Mr. THOMAS; and the gentleman from Philadelphia, Mr. O'DONNELL.

2 1548 LEGSLATVE JOURNAL-HOUSE OCTOBER 21, The SPEAKER pro tempere. Without objection, the leaves of absence are granted. Are there requests from the gentleman, Mr. Hayes? The Chair recognizes the gentleman, Mr. Hayes. Mr. HAYES. 1 request a leave for the gentleman from Lehigh County, Mr. SEMMEL, for the week; the gentleman from Delaware County, Mr. Robert WRGHT, for the day; the gentleman from Philadelphia County, Mr. WOGAN, for the day. ANGSTADT, McNALLY, STEGHNER, KASUNC, TOMLNSON, BLLOW and ULANA An Act amending the act of July 2, 1984 (P. L. 561, No. 112), known as the "Pennsylvania Conservation Corps Act," further providing for definitions, for duties of the Secretary of Labor and industry, for projects, for eligibility for program, for compensation, for supervisors and for appropriations; and making editorial changes. Referred to Committee on LABOR RELATONS, The SPEAKER pro tempore. Without objection, the leaves of absence will be granted. The Chair hears no objec- tion. No By Representatives LLOYD, DeWEESE, No HOUSE BLLS NTRODUCED AND REFERRED By Representatives COWELL, TKN, HAGARTY, SCRMENT, MRKONC, NAHLL, COLAZZO, PSTELLA, SALOOM, HECKLER, ROBNSON, STEGHNER, RAYMOND, LEVDANSKY, E. Z. TAYLOR, COLAFELLA, McCALL, FARCHLD, OLASZ, TRELLO, MELO, GGLOTT, BELARD, DeLUCA, McHALE, HARLEY, KREBS and CAPPABANCA An Act establishing the State Board of Professional Counseling; providing for the board's powers, qualifications of licensure, revocation of licenses, license renewal and fees, advertisement, confidential communications, impaired counselors and subpoenas; and making an appropriation. Referred to Committee on PROFESSONAL LCEN- SURE, No By Representatives GLADECK, FOX, REBER, GERLACH, HECKLER, LAWLESS, TRELLO, DeLUCA, FREEMAN, PCCOLA and SAURMAN An Act amending the act of May 1, 1933 (P. L. 103, No. 69), known as "The Second Class Township Code," providing for the acquisition of property for parks and recreation areas by right of eminent domain. Referred to Committee on LOCAL GOVERNMENT, No By Representatives LLOYD, BOWLEY, THOMAS, DeWEESE, KOSNSK, LEVDANSKY, MUNDY, PSTELLA, VROON, GERLACH, HECKLER, COY, KUKOVCH, CAPPABANCA, GEST, BUSH, RUDY, FAJT, MHALCH, HERSHEY, BELFANT, HALUSKA, JOSEPHS, TKN, FREEMAN, DERMODY, SAURMAN, McCALL, TRCH, ARGALL, BROUJOS, STABACK, KRUSZEWSK, MERRY, TRELLO, WOZNAK, VEON, COWELL, VAN HORNE, GERLACH, JADLOWEC, TGUE, CARONE, ROBNSON, CARLSON, NYCE, JOSEPHS, CORRGAN, VEON, STABACK, SCRMENT, McCALL, DERMODY, KRUSZEWSK, NOYE, WOZNAK, TKN, LEH, LAUGHLlN and OLASZ An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, prohibiting suspension of operating privileges in certain cases. Referred to Committee on TRANSPORTATON, No By Representatives LLOYD, SCHULER, M. N. WRGHT, NOYE, NCKOL, GEST, PSTELLA, TKN, JOSEPHS, MELO, FAJT, HALUSKA, TGUE, BOWLEY, CAPPABANCA, STRTTMATTER, PETRARCA, ARNOLD, HASAY, BATTSTO, TANGRETT, TRCH, BSHOP, LAUGHLN, STABACK, KASER, THOMAS, KRUSZEWSK, CARLSON, MERRY, MARKOSEK, KREBS, TRELLO, COY, DERMODY, PESC, E. Z. TAYLOR, ARGALL, LAWLESS, BLLOW, TOMLNSON, BELFANT, HECKLER and LNTON An Act authorizing the Pennsylvania Historical and Museum Commission to establish a Volunteers Program. Referred to Committee on STATE GOVERNMENT, No By Representatives PESC, TGUE, NCKOL, SALOOM, KOSNSK, RAYMOND, FARGO, ARGALL, HALUSKA, GERLACH, BSHOP, STABACK, SERAFN, BELFANT, CLARK, NOYE, JADLOWEC, TELEK, DERMODY, HERSHEY, STEELMAN, PSTELLA, MCOZZE, PETRARCA, KRUSZEWSK, TKN, MELO, BROUJOS and BELARD

3 1991 LEGSLATVE JOURNAL-HOUSE 1549 An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, providing for volunteer firefighters with out-of-state training and certification. Referred to Committee on LOCAL GOVERNMENT, No By Representatives PESC, TRELLO, CAPPABANCA, MELO, JOHNSON, BLLOW, BELARD, LAUGHLN, KRUSZEWSK and DERMODY An Act amending the act of July 31, 1968 (P. L. 805, No. 247), known as the "Pennsylvania Municipalities Planning Code," providing for theuniformity of water rates. Referred to Committee on LOCAL GOVERNMENT, No. 2Q35 By Representatives PESC, TRELLO, CAPPABANCA, MELO, JOHNSON, BLLOW, BELARD, LAUGHLN and KRUSZEWSK An Act amending the act of May 2, 1945 (P. L. 382, No. 164), known as the "Municipality Authorities Act of 1945," further providing for reasonable and uniform rates charged by certain Authorities. Referred to Committee on LOCAL GOVERNMENT, October 21,1991. No By Representatives PESC, DERMODY, TOMLNSON, JAROLN, TRELLO and KRUSZEWSK An Act amending the act of July 28, 1988 (P. L. 556, No. lo]), known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," further providing for the powers and duties of the Deoartment of Environmental Resources. Referred to Committee on CONSERVATON, No By Representatives FARMER, LANGTRY, TRELLO, FARGO, TKN, VROON, ROBNSON, BUNT, CLARK, GEST, D. W. SNYDER, NYCE, GERLACH, MARSCO, SAURMAN, E. Z. TAYLOR, NAHLL, KASER, THOMAS, MERRY, BELFANT, BLLOW and TOMLNSON An Act amending the act of March 30, 1937 (P. L. 115, No. 40), known as "The First Class City Permanent Registration Act," requiring recording of former name of registered electors. Referred to Committee on STATE GOVERNMENT, No By Representatives FARMER, LANGTRY, TRELLO, FARGO, TKN, VROON, ROBNSON, BUNT, CLARK, GEST, D. W. SNYDER, NYCE, GERLACH, MARSCO, SAURMAN, E. Z. TAYLOR, NAHLL, KASER, THOMAS, MERRY, BELFANT, BLLOW and TOMLNSON An Act amending the act of April 29, 1937 (P. L. 487, No. 119, known as "The Permanent Registration Act for Cities of the Second Class, Cities of the Second Class A, Cities of the Third Class, Boroughs, Towns, and Townships," requiring recording of former name of registered electors. Referred to Committee on STATE GOVERNMENT, No By Representatives CLYMER, BUNT, VROON, NOYE, NALOR, LAWLESS, D. W. SNYDER, CVERA, SAURMAN, FARCHLD, ARGALL, GERLACH, DEMPSEY, FOX, KENNEY, ARMSTRONG. FLCK. STARS. BRMELN, ANGSTADT, MARSCO, M. N. WRGHT, GEST, PTTS, BARLEY, PHLLPS, JOHNSON, LEE, LEH, E. Z. TAYLOR, HAGARTY, GANNON, VANCE, GODSHALL, HECKLER, MERRY, HERSHEY, MCOZZE, TULL, ANDERSON, FARGO, SERAFN, FAJT, FARMER, RENARD, BLACK, SCHULER, GLADECK, ADOLPH, LANGTRY, CORNELL, TRELLO, MAYERNK, HESS, BROWN, DENT, CESSAR, HASAY, NAHLL, NCKOL, HERMAN, KNG, ALLEN, LAUGHLN, RAYMOND, WOGAN and TOMLNSON An Act amending the act of March 4, 1971 (P. L. 6, No. 2), known as the "Tax Reform Code of 1971," repealing the sales tax on employment agency services, help supply services or other personnel supply services. Referred to Committee on FNANCE, October 21,1991 No By Representatives CLYMER, BUNT, VROON, NOYE, NALOR, LAWLESS, D. W. SNYDER, CVERA, SAURMAN, FARCHLD, ARGALL. GERLACH, DEMPSEY, FOX, KENNEY, ARMSTRONG, FLCK, STARS, BRMELN, ANGSTADT, MARSCO, M. N. WRGHT, GEST, PTTS, BARLEY, PHLLPS, JOHNSON, LEE, LEH, E. Z. TAYLOR, HAGARTY, GANNON, VANCE, GODSHALL, HECKLER, MERRY, HERSHEY, MCOZZE, TULL, ANDERSON, FARGO, SERAFN, FAJT, FARMER, RENARD, BLACK, SCHULER, GLADECK, ADOLPH, LANGTRY, CORNELL, TRELLO, MAYERNK, HESS, BROWN, DENT, CESSAR, HASAY, NAHLL, KNG, ALLEN, LAUGHLN, RAYMOND, HERMAN, WOGAN and TOMLNSON An Act amending the act of March 4, 1971 (P. L. 6, No. 2), known as the "Tax Reform Code of 1971," repealing the sales tax on computer programming services or other computer-related services,

4 1550 LEGSLATVE JOURNAL-HOUSE OCTOBER 21, Referred to Committee on FNANCE, No. X41 By Representatives CLYMER, BUNT, VROON, NOYE, NALOR, LAWLESS, D. W. SNYDER, CVERA, SAURMAN, FARCHLD, ARGALL, GERLACH, DEMPSEY, FOX, KENNEY, ARMSTRONG, FLCK, STARS, BRMELN, ANGSTADT, MARSCO, M. N. WRGHT, GEST, PTTS, BARLEY, PHLLPS, JOHNSON, LEE, LEH, E. Z. TAYLOR, HAGARTY, GANNON, VANCE, GODSHALL, HECKLER, MERRY, HERSHEY, MCOZZE, TULL, ANDERSON, FARGO, SERAFN, FAJT, FARMER, RENARD, BLACK, SCHULER, GLADECK, ADOLPH, LANGTRY, CORNELL, TRELLO, MAYERNK, HESS, BROWN, DENT, CESSAR, HASAY, NAHLL, FREND, KNG, ALLEN, LAUGHLN, RAYMOND, WOGAN and TOMLNSON An Act amending the act of March 4, 1971 (P. L. 6, No. 2). known as the "Tax Reform Code of 1971," repealing the sales tax on adjustment, collection and credit reporting services. Referred to Committee on FNANCE, No By Representatives CLYMER, BUNT, VROON, NOYE, NALOR, LAWLESS, D. W. SNYDER, CVERA, SAURMAN, FARCHLD, ARGALL, GERLACH, DEMPSEY, FOX, KENNEY, ARMSTRONG, FLCK, STARS, BRMELN, ANGSTADT, MARSCO, M. N. WRGHT, GEST, PTTS, BARLEY, PHLLPS, JOHNSON, LEE, LEH, E. Z. TAYLOR, HAGARTY,GANNON, VANCE, GODSHALL, HECKLER, MERRY, HERSHEY, MCOZZE, TULL, ANDERSON, FARGO, SERAFN, FAJT, FARMER, RENARD, BLACK, SCHULER, GLADECK, ADOLPH, LANGTRY, CORNELL, TRELLO, MAYERNK, HESS, BROWN, DENT, CESSAR, HASAY, NAHLL, KNG, ALLEN, LAUGHLN, RAYMOND, WOGAN and TOMLNSON An Act amending the act of March 4, 1971 (P. L. 6, No. 2), known as the "Tax Reform Code of 1971," repealing the sales tax on disinfecting or pest control sewices, building maintenance or cleaning services. Referred to Committee on FNANCE, No By Representatives CLYMER, BUNT, VROON, NOYE, NALOR, LAWLESS, D. W. SNYDER, CVERA, SAURMAN, FARCHLD, ARGALL, GERLACH, DEMPSEY, FOX, KENNEY, ARMSTRONG, FLCK, STARS, BRMELN, ANGSTADT, MARSCO, M. N. WRGHT, GEST, PTTS, BARLEY, PHLLPS, JOHNSON, LEE, LEH, E. Z. TAYLOR, HAGARTY, GANNON, VANCE, GODSHALL, HECKLER, MERRY, HERSHEY, MCOZZE, TULL, ANDERSON, FARGO, SERAFN, FAJT, FARMER, RENARD, BLACK, SCHULER, GLADECK, ADOLPH, LANGTRY, CORNELL, TRELLO, MAYERNK, HESS, BROWN, DENT, CESSAR, HASAY, NAHLL, KNG, NCKOL, HERMAN, SCHEETZ, ALLEN, LAUGHLN, RAYMOND, WOGAN and TOMLNSON An Act amending the act of March 4, 1971 (P. L. 6, No. 2), known as the "Tax Reform Code of 1971," repealing the sales tax on storage services. Referred to Committee on FNANCE, No By Representatives CLYMER, BUNT, VROON, NOYE, NALOR, LAWLESS, D. W. SNYDER, CVERA, SAURMAN, FARCHLD, ARGALL, GERLACH, DEMPSEY, FOX, KENNEY, ARMSTRONG, FLCK, STARS, BRMELN, ANGSTADT, MARSCO, M. N. WRGHT, GEST, PTTS, BARLEY, PHLLPS, JOHNSON, LEE, LEH, E. Z. TAYLOR, HAGARTY, GANNON, VANCE, GODSHALL, HECKLER, MERRY, HERSHEY, MCOZZE, TULL, ANDERSON, FARGO, SERAFN, FAJT, FARMER, RENARD, BLACK, SCHULER, GLADECK, ADOLPH, LANGTRY, CORNELL, TRELLO, MAYERNK, HESS, BROWN, DENT, CESSAR, HASAY, NAHLL, KNG, WOGAN, ALLEN, LAUGHLN, RAYMOND and TOMLNSON An Act amending the act of March 4, 1971 (P. L. 6, No. 2), known as the "Tax Reform Code of 1971," repealing the sales tax on lawn care services. Referred to Committee on FNANCE, No By Representatives CLYMER, BUNT, LANGTRY, MCOZZE, GODSHALL, CESSAR, HASAY, NAHLL, ADOLPH, SERAFN, RAYMOND and TOMLNSON An Act amending the act of March 4, 1971 (P. L. 6, No. 2), known as the "Tax Reform Code of 1971," repealing the sales tax on lobbying services. Referred to Committee on FNANCE, No By Representatives CLYMER, BLAUM, WLSON, ARMSTRONG, ANGSTADT, GANNON, JOHNSON, HERSHEY, E. Z. TAYLOR, KENNEY, FARGO,

5 1991 LEGSLATVE JOURNAL-HOUSE 1551 TKN, SAURMAN, HANNA, TRELLO and KRUSZEWSK An Act amending the act of April 9, 1929 (P. L. 177, No. 175), known as "The Administrative Code of 1929," further providing for the purpose of distributing moneys received as a result of the commission of crime. Referred to Committee on JUDCARY, October 21, No By Representatives LAWLESS, WOZNAK, LANGTRY, PTTS, COLAZZO, FARMER, GEST, TGUE, NAHLL, KOSNSK, HARPER, PERZEL, CLARK, NYCE, FARCHLD, FARGO, FOX, LAUGHLN, MERRY, SAURMAN, WOGAN. KNG. JAROLN. RAYMOND, JOHNSON, GODSHALL, GERLACH, E. Z. TAYLOR, TRELLO, STABACK, ANDERSON, O'BREN, TULL, VANCE, HERSHEY, REBER, J. TAYLOR, BLLOW, CLYMER, CORNELL, ADOLPH, BUNT, ARMSTRONG, BOYES, RCHARDSON, JAMES and HANNA An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, further providing for small estates of minors. Referred to Committee on JUDCARY, October 21, No By Representatives MAYERNK, SCHEETZ, KOSNSK, VROON, STURLA, ARMSTRONG, BLLOW, GERLACH, DEMPSEY, STABACK, TKN, GEST, E. Z. TAYLOR, NOYE and KASER An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for revocation or suspension of operating privileges and for chemical testing for controlled substances. Referred to Committee on TRANSPORTATON, No By Representatives MAYERNK, VROON, ARMSTRONG, LAUGHLN, FAJT, STSH, TRELLO and PSTELLA An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for the number of occupants of vehicles in high occupancy lanes. Referred to Committee on TRANSPORTATON, No By Representatives MAYERNK, SALOOM, RAYMOND, LAWLESS, JOHNSON, GEST, CESSAR, KOSNSK, STSH, FAJT, ULANA, HASAY, PESC, BLLOW, VAN HORNE, ANGSTADT, NAHLL, PETRONE, MRKONC, GGLOTT, NOYE, HALUSKA, E. Z. TAYLOR, LAUGHLN and TOMLNSON An Act granting Commonwealth war veterans educational benefits at the State-owned universities; and providing benefits for families of Commonwealth veterans listed as killed in action (KA), missing in action (MA) or prisoners of war (POW). Referred to Committee on MLTARY AND VETERANS AFFARS, No By Representatives KNG, ARMSTRONG, DeWEESE, ROBNSON, MARSCO, JOHNSON, GERLACH, E. Z. TAYLOR, KRUSZEWSK, HALUSKA, NYCE, ADOLPH, SAURMAN, TRELLO, BSHOP, FAJT, GRUTZA, BROWN, BROUJOS and TOMLNSON An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, further providing for issuance of institutional licenses. Referred to Committee on GAME AND FSHERES, No By Representatives TKN, KNG, HUGHES, JOSEPHS, THOMAS, MUNDY, CAWLEY, ROBNSON, RTTER, BELARD, BELFANT, PRESTON, CAPPABANCA, BLLOW, FREEMAN, MELO, McHALE, TRELLO, GERLACH, ARMSTRONG, JOHNSON, WAMBACH, LEVDANSKY, KRUSZEWSK, BOYES, NAHLL, BSHOP, WOZNAK, PSTELLA, FARGO, LNTON, J. TAYLOR, SALOOM, GAMBLE, MHALCH, STURLA, CVERA, KOSNSK, GGLOTT, VROON, FAJT, LaGROTTA, FOX, LAUGHLN, COLAFELLA, TGUE, M. N. WRGHT, CALTAGRONE, STEGHNER, OLASZ, MCHLOVC, CORRGAN, VEON, DeLUCA, ROEBUCK, CARN, FEE, HARPER, PETRONE, BLAUM, STABACK and HALUSKA An Act amending the act of June 24, 1937 (P. L. 2045, No. 397), known as "The Support Law," further providing for support and assistance liens. Referred to Committee on HEALTH AND WELFARE, No By RepresentativesS. H. SMTH, CHADWCK, CARLSON, D. R. WRGHT, HANNA, JOHNSON, FARCHLD, McCALL, BUNT, MAYERNK, HECKLER, G. SNYDER, TRELLO, CVERA, FREEMAN, LAWLESS, LUCYK, VEON, SURRA, SERAFN, FOX, LaGROTTA, BROWN and CLARK

6 1552 LEGSLATVE JOURNAL-HOUSE OCTOBER 21, An Act providing for host community review for commercial hazardous waste incinerators. Referred to Committee on CONSERVATON, No By Representatives FLEAGLE, PETRARCA, GEST, TGUE, FARGO, HERSHEY, BARLEY, CLARK, ARMSTRONG, GERLACH, MARSCO, TKN, LEE, HASAY, VEON, WOZNAK, MERRY, LEH, HECKLER, BLLOW and TOMLNSON An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for local authorities to appoint temporary personnel to direct traffic at industrial facilities during shift changes. HAGARTY, LAWLESS, HARLEY, GODSHALL, SAURMAN, GLADECK, TOMLNSON, JOHNSON, BELARD, MCOZZE, THOMAS and LAUGHLN An Act amending the act of August 14, 1991 (P. L., No. 36). known as the "Lottery Fund Preservation Act," repealing the commuter rail fare. Referred to Committee on FNANCE, No By Representatives HECKLER, GERLACH, HERSHEY, LANGTRY, BARLEY, ARMSTRONG, NOYE, VROON, LAWLESS and E. 2. TAYLOR An Act amending the act of July 23, 1970 (P. L. 563, No. 195), known as the "Public Employe Relations Act," prohibiting strikes; and providing for penalties and remedies. Referred 'Ommittee On TRANSPORTAT1ON' Referred to Committee on LABOR RELATONS, No By Representatives JAROLN, FOX, HASAY, PESC, KRUSZEWSK, NALOR, DeLUCA, KREBS, BARLEY, STABACK, NOYE, HALUSKA, PETRARCA, PERZEL, NCKOL, ANGSTADT, BUSH, FARCHLD, COLAZZO, KENNEY, BROWN, CESSAR, MARKOSEK, McCALL, JOHNSON, VAN HORNE, ARGALL, STSH, COWELL, FARGO, GEST. MAYERNK. F. TAYLOR.. VROON, TGUE, SAURMAN, ARMSTRONG, TRELLO, DEMPSEY, BRMELN, CAPPABANCA, FREEMAN, GERLACH, M. N. WRGHT, BELFANT, CLYMER, HERSHEY, TOMLNSON, WOGAN, SERAFN, LAUGHLN, LUCYK, MARSCO, TULL, O'BREN, KNG and CAWLEY An Act amending the act of March 4, 1971 (P. L. 6, No. 2), known as the "Tax Reform Code of 1971," excluding bakeries and similar establishments from the sales tax. Referred to Committee on FNANCE, No By Representatives JAROLN, STUBAN, STSH, PSTELLA, LAUGHLN, KOSNSK, PESC, RUDY, TGUE, HERMAN, TRELLO, BELFANT, BELARD, ULANA, HALUSKA, E. Z. TAYLOR, JOHNSON, SERAFN, FOX, DALEY, KRUSZEWSK, PETRONE, JAMES, CAWLEY and F. TAYLOR An Act amending the act of November 4, 1983 (P. L. 217, No. 63), known as the "Pharmaceutical Assistance Contract for the Elderly Act," further defining "eligible claimant." Referred to Committee on AGNG AND YOUTH, No By Representatives FOX, TRELLO, NAHLL, CORNELL, BUNT, REBER, No By Representatives HECKLER, GLADECK, S. H. SMTH, GERLACH, HERSHEY, LANGTRY, BARLEY, M. N. WRGHT, ARMSTRONG, HARLEY, NOYE, LAWLESS, FARGO and LEH An Act amending the act of July 23, 1970 (P. L. 563, No. 195), known as the "Public Employe Relations Act," providing for certain fact-finding. Referred to Committee on LABOR No RELATONS, By Representatives HECKLER, GLADECK, S. H. SMTH, GERLACH, HERSHEY, LANGTRY, M. N. WRGHT, ARMSTRONG, HARLEY, NOYE, VROON, LAWLESS, FARGO and E. Z. TAYLOR An Act amending the act of July 23, 1970 (P. L. 563, No. 195), known as the "Public Employe Relations Act," further providing for strikes. Referred to Committee on LABOR RELA.TONS, No By Representatives TOMLNSON, SALOOM, ALLEN, PSTELLA, COLAFELLA, BELARD, HAYES, DEMPSEY, CESSAR, TULL, MARSCO, M. N. WRGHT, CLYMER, BOYES and RENARD An Act amending the act of January 14, 1952 (1951 P. L. 1898, No. 522), known as the "Funeral Director Law," providing for continuing education as a condition for license renewal. Referred to Committee on PROFESSONAL LCEN- SURE, October 21,1991. No By Representatives KASUNC, DeLUCA, McCALL, TGUE, LESCOVTZ, MHALCH, LAUGHLN, CARLSON,

7 1991 LEGSLATVE JOURNAL-HOUSE 1553 G. SNYDER, BROWN, BOYES, PSTELLA, VAN HORNE, HERSHEY, KOSNSK, CAWLEY, SCRMENT, LEE, HERMAN, STARS, JOHNSON, GERLACH, HECKLER, WOGAN, TANGRETT, MAYERNK, COY, HALUSKA, FARGO, PESC, BELFANT, BUSH. FOX. LNTON. CLARK. GODSHALL, NYCE, STETLER, JOSEPHS, GAMBLE, LUCYK, TKN, FAJT, M. N. WRGHT, STSH, DERMODY, TRCH, SURRA, ARGALL, KENNEY, BROUJOS, TRELLO, S. H. SMTH, CARONE, STABACK, SCHEETZ, THOMAS, KRUSZEWSK, BUNT, SERAFN, McHALE and BELARD An Act providing for the Department of Transportation to conduct, as part of its currently scheduled projects, a demonstration project using crumb rubber from waste tires as an additive in surfacing material, structural material, subbase material and fill; and conducting a feasibility study of crumb rubber in asphalt for road resurfacing or subbase material. Referred to Committee on TRANSPORTATON, No By Representatives KASUNC, DeLUCA, STSH, HASAY, S. H. SMTH, COY, FARCHLD, HALUSKA, HECKLER, FLEAGLE, BLAUM, DALEY, LEH, RAYMOND, JOHNSON, FAJT, KRUSZEWSK, VAN HORNE, G. SNYDER, CARLSON, TANGRETT, TGUE, PETRONE, THOMAS, STABACK, GGLOTT, CARONE, E. Z. TAYLOR and BELARD An Act amending the act of July 28, 1988 (P. L. 556, No. 101), known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," further providing for restrictions on certain wastes and out-of-state wastes. Referred to Committee on CONSERVATON, No By Representatives DeLUCA, VROON, SALOOM, MHALCH, HARPER, CARONE, TKN, TGUE, STSH, BROUJOS, TRELLO, McNALLY, PSTELLA, KRUSZEWSK, KASUNC and BELARD An Act amending the act of December 17, 1968 (P. L. 1224, No. 387), known as the "Unfair Trade Practices and consume^ Protection Law," further defining "unfair methods of competi. tion" and "unfair or deceptive acts or practices." Referred to Committee on CONSUMER AFFARS. No. 2Q65 By Representatives DeLUCA, VEON, LAUGHLN, SURRA, McHALE, BATTSTO, FREEMAN, KASUNC, HARPER, HECKLER, CLARK, PSTELLA, ARMSTRONG, ADOLPH, BSHOP, STABACK, BELARD, OLASZ, COHEN, LEVDANSKY, SALOOM, FAJT, JAMES, KREBS, KENNEY, TKN, KOSNSK, KRUSZEWSK, TGUE and BLLOW An Act providing for the reporting of problems in medical treatment; imposing penalties; and conferring powers and duties on the Department of Health. Referred to Committee on HEALTH AND WELFARE, No By Representatives DeLUCA, KUKOVCH, MERRY, STETLER, McHALE, GODSHALL, STURLA, LEVDANSKY, LEE, KREBS, SCHEETZ, MAYERNK, MARKOSEK, ARMSTRONG, HARLEY, SCRMENT, HERMAN, MARSCO, NCKOL, D. W. SNYDER, NALOR, FARCHLD, FARGO, CAPPABANCA, PETRONE, FREEMAN, SAURMAN, HANNA, TRELLO, GGLOTT, McNALLY, KASUNC, LANGTRY, KRUSZEWSK, ACOSTA, DENT, BELARD and TULL A Joint Resolution ratifying the proposed amendment to the Constitution of the United States, relating to compensation for services of Senators and Representatives. Referred to Committee on FEDERAL-STATE RELA- TONS, No By Representatives HANNA, KOSNSK, NOYE, KRUSZEWSK, DALEY, BLLOW, FARGO, DEMPSEY, LNTON, DERMODY, JOSEPHS, MELO and BELARD An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for disposition of fines to colleges and universities. Referred to Committee on JUDCARY, October 21, No By Representatives HANNA, VEON, KOSNSK, NOYE, KRUSZEWSK, DALEY, BLLOW, DEMPSEY, LNTON and MELO An Act amending Title 71 (State Government) of the Pennsylvania Consolidated Statutes, further providing for the definition of "superannuation age." Referred to Committee on STATE GOVERNMENT, No By Representative STABACK An Act authorizing the Department of Transportation, with the approval of the Governor, to sell and convey to the Borough

8 1554 LEGSLATVE JOURNAL-HOUSE OCTOBER 21, of Olyphant certain land situate in the Borough of Olyphant, Lackawanna County. Referred to Committee on TRANSPORTATON, No By Representatives CARONE, KREBS, MUNDY, PESC, VAN HORNE, STEELMAN, ARNOLD and PHLLPS An Act amending the act of March 10, 1949 (P. L. 30, No. 14), known as the -public school code of 1949,- further provid. ing for annual budgets of school districts. Referred to Committee on EDUCATON, October 21, No By Representatives THOMAS, LNTON, CARN, JOSEPHS, KOSNSK and RCHARDSON An Act amending the act of June 29, 1976 (P. L. 469, No. 117), entitled "An act relating to the fiscal affairs of the Commonwealth concerning duties of the Governor, the Secretary of Revenue and the Budget Secretary, with respect to the submission of and signing the budget for any fiscal year; and, after a budget is enacted, regulating the issuance of warrants by the State Treasurer for certain requisitioned funds and imposing duties on persons authorized by law to issue requisitions for the payment of moneys from the State Treasurv: and orescribing that Federal funds-received by the ~ommon~ealth 'hall be deposited in the General Fund account with certain excentions." orovidine - for the ~~~~ distribution of Job Training partnership '~ct funds during periods of budget impasse. Referred to Committee on APPROPRATONS, No. 2Q72 By Representatives BUTKOVTZ, TRELLO, DeLUCA, TANGRETT, LaGROTTA, VAN HORNE, KOSNSK, COWELL, McHALE, THOMAS, STUBAN, JOSEPHS, COLAZZO, STABACK, RTTER, PESC, COLAFELLA, HALUSKA, MHALCH, ARNOLD, SCRMENT, ROEBUCK, F. TAYLOR, CARONE. LUCYK, GGLOTT, CALTAGRONE, PSTELLA, FREEMAN, GAMBLE, KASUNC, TGUE, CAPPABANCA, ACOSTA, DERMODY, OLASZ, GRUTZA, MUNDY. TKN. MELO, KASER, MARKOSEK. WAMBACH, McCALL, MAYERNK, McGEEHAN, MRKONC. KRUSZEWSK, CAWLEY, D. R. WRGHT, LESCOVTZ, PETRARCA, LEVDANSKY, TRCH, KREBS, HAYDEN, STSH, FEE and GEORGE An Act amending the act of March 4, 1971 (P. L. 6, No. 2), known as the "Tax Reform Code of 1971," further defining "poverty income." Referred to Committee on FNANCE, No By Representatives McHALE, TKN, KUKOVCH, JOSEPHS, VEON, FREEMAN, LEVDANSKY, ULANA, DALEY, ROBNSON, McNALLY, KOSNSK, BLLOW, PTTS, E. Z. TAYLOR, STURLA, DeLUCA, TGUE, KRUSZEWSK, HERSHEY, SCRMENT, FAJT, STEELMAN, JAMES, HARPER, TRCH, RTTER, WLSON and HAYDEN An Act providing for cesarean section delivery practice parameters; establishing peer review boards; and providing for duties of the Health Care Cost Containment Council. Referred to No. 206 on HEALTH AND WELFARE, HOUSE RESOLUTONS NTRODUCED AND REFERRED By Representatives PESC, FARGO, COLAZZO, JAROLN, HALUSKA, LAUGHLN, VEON, WOZNAK, TGUE, ARMSTRONG, SALOOM, KRUSZEWSK, BLLOW, STUBAN, PSTELLA, CAWLEY, TRELLO, TANGRETT and STABACK A Resolution requesting the Department of Public Welfare to justify the disparity in net operating ceilings which are assigned to general nursing facilities in this Commonwealth. Referred to Committeeon RULES, No. 208 By Representatives STARS, FEE, PETRARCA, FOX, HALUSKA, LESCOVTZ, CARLSON, KOSNSK, LANGTRY, ANGSTADT, MARKOSEK, JOHNSON, HERMAN, VAN HORNE, BUNT, NAHLL, BROUJOS, SAURMAN, MAYERNK, ARMSTRONG, TRELLO, CAPPABANCA, KENNEY, CVERA, M. N. WRGHT, GERLACH, ULANA, HERSHEY, GRUPPO, HESS, DENT, SERAFN, TOMLNSON. MELO, BELARD, BROWN, O'BREN and STABACK A Resolution memorializing the Congress of the United States to adjust the method used to compute the Social Security cost-ofliving allowance (COLA) increases to more accurately reflect the rate of inflation for the elderly. Referred to Committee on RULES, No. U)9 By Representatives DURHAM, FARGO, PESC, OLASZ, MARKOSEK, HERSHEY, BELARD, PETRARCA, LESCOVTZ, COY, CALTAGRONE, DeLUCA, FAJT, ANGSTADT, JOHNSON, COLAZZO, BUNT, JOSEPHS, E. Z. TAYLOR, BROUJOS, TGUE, DERMODY, ARMSTRONG, TRELLO, ROBNSON, HARPER, CAPPABANCA, KENNEY,

9 ~~, i CVERA, LAWLESS, FREEMAN, GERLACH, LANGTRY, STEGHNER, ULANA, HESS, VEON, LAUGHLN, MELO, TOMLNSON, D. R. WRGHT, MARSCO and KNG LEGSLATVE JOURNAL-HOUSE p~~ ADDTONS-0 NOT VOTNG-0 EXCUSED-8 Broujos Semmel Wright, R. C. Levdansky Thomas A Resolution designating the week of October 20 through 26, Mifhlovic Wogan O'Donnell, 1991, as "Consumers' Week in Pennsylvania." Speaker Referred to Committee on RULES, MASTER ROLL CALL The SPEAKER pro tempore. The Chair is about to take the master roll call. Members will proceed to vote. The following roll call was recorded: Acosta Adolph Allen Anderson Angstadt Argall Armstrong Arnold Barley Battisto Belardi Belfanti Billow Donatucci Durham Evans Fairchild Fajt Fargo Farmer Fee Fleagle Flick Foster Fox Freeman PRESENT-195 Krebs Kruszewski Kukovich LaGrotta Langtry Laughlin Lawless Lee Leh Lescavitz Linton Lloyd Lucvk Richardson Rieger Ritter Robinson Roebuck Rudy Ryan Saloon Saurman Scheetr Sehuler Scrimenti Serafini Birmelin Freind MCC~U Smith, B. Bishop Gallen McGeehan Smith, S. H. Black Gamble McHale Snyder. D. W. Blaum Gannon McHugh Snyder, G. ow ley Geist McNally Stabaek Boyes George Maiale Stairs Brawn Gerlach Markosek Steelman Bunt Gieliotti Marsica Steiehner Bush ~ladeclr Mayernik ~tetier Rules. Butkovitr Godshall Melio Stish Caltagirone Gmitza Merry Strittmatter Cappabianca Gruppo Mifozzie Stuban Carlson Hagarty Mihalich Sturla Cam Haluska Mrkonic Surra Carone Hanna Mundy Tangretti Cawlev - ~~ Harlev Murohv Tavlor. E. Z. Cessar Chadwick Civera Clark Clymer Cohen Colafella Colaiv0 Cole Cornell corrigan Cowell COY DeLuca DeWeese Daley Davies Dempsey Dent Dermody Harper Hasay Hayden Hayes Heckler Herman Hershey Hess Hughes ltkin Jadlowiec James Jarolin Johnson lasephs Kaiser Kasunic Kenney King Kosinski ahi ill Nailor Nick01 Noye Nyce O'Brien Olasz Oliver Perzel Pesci Petrarca Petrone Phillips Piccola Pistella Pitts Preston Raymond Reber Reinard.. Taylor, F. Taylor,. Telek Tigue Tomlinson Trello Trich Tulli Uliana Van Horne Vance Veon Vroon Wambach Williams Wilson Wazniak Wright, D. R. Wright, M. N. SUBCOMMTTEE MEETNG The SPEAKER pro tempore. For what purpose does the gentleman, Mr. Kosinski, rise? Mr. KOSNSK. Mr. Speaker, to call a meeting of the Judiciary Committee Subcommittee on Courts for tomorrow at the end of session; repeating, Judiciary Committee Subcommittee on Courts, tomorrow at the end of session. Thank you. The SPEAKER pro tempnre. Do you have a place for the meeting, Representative Kosinski? Mr. KOSNSK. t will be held in the back of the hall of the House. The SPEAKER pro tempore. Members of the subcommittee that Representative Kosinski referred to of the Judiciary Committee will be notified of the meeting. RULES SUSPENDED The SPEAKER pro tempore. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, move that rule 30 be suspended so that when the extract from the Journal of the Senate concerning HB 1541 returns to the House chamber, it will go directly to the calendar rather than the Committee on The following roll call was recorded: YEAS-192 Acosta Adolph men Anderson Angstadt Argall Armstrong Arnold Barley Battisto Belardi Belfanti Billow Birmelin Black Blaum Bowley Boyes Brown Bunt Bush Butkavitz Caltagirone Cappabianca Carlson Donatucci Durham Evans Fairchild Fajt Fargo Farmer Fee Fleagle Flick Foster Fox Freeman Freind Gallen Gamble Cannon Geist George Gerlach Gigliotti Gladeck Gadshall Gruitza Gruppo Kosinski Krebs Kruszewski Kukovich LaGrotta Langtr~ Laughlin Lawless Lee Leh Lescovitz Linton Lloyd Lucyk McCall McCeehan McNale McHugh McNally Maiale Markosek Marsico Mayernik Melio Merry Reinard Richardson Rieger Ritter Robinson Roebuck Rudy Ryan Salaam Saurman Scheetz Schuler Scrimenti Serafini Smith, B. Smith, S. H. Snyder, D. W. Snyder, G. Staback Stairs Sleighnr Stetler Stish Strittmatter Stuban

10 1556 LEGSLATVE JOURNAL-HOUSE OCTOBER 21, Carn Carone Cawley Cessar Chadwick Civera Clark Clymer Cohen Colafella Colaizzo Cole Cornell Corrigan Cowell COY DeLuca DeWeeSe Daley Davies Dempsey Dent Dermody Hagarty Haluska Hanna Harley Harper Hasay Hayden Hayes Heckler Herman Herrhey Hess Hughes ltkin Jadlowiec James Jarolin Johnson Jasephs Kaiser Kasunic Kenney King Micozzie Mrkonic Mundy Murphy Nahill Nailor Nickol Noye Nyce O'Brien Olasz Oliver Perrel Pesci Petrarca Petrone Phillips Piccola Pistella Pitts Preston Raymond Reber NAYS-0 NOT VOTNG73 Bishop Mihalich Steelman EXCUSED-8 Brouios Semmel Wright. R. C. ~evdansky Thomas Michlovic Wogan O'Donnell, Speaker Sturla Surra Tangretti Taylor, E. Z. Taylor... F. Taylor,. Telek Trich Tulli Uliana Van Horne Vance Veon Vroon Wambach Williams ~~.~ Wozniak Wright, D. R. Wright, M. N. A majority of the members elected to the House having voted in the affirmative, the question was determined in the affirmative and the motion was agreed to. SENATE MESSAGE AMENDED HOUSE BLL RETURNED FOR CONCURRENCE The clerk of the Senate, being introduced, returned HB 1541, PN 2509, with information that the Senate has passed the same with amendment in which the concurrence of the House of Representatives is requested. CALENDAR BLLS ON SECOND CONSDERATON The House proceeded to second consideration of HB 223, PN 1978, entitled: An Act amending the act of April 9, 1929 (P. L. 177, No. 179, known as "The Administrative Code of 1929," further providing for emergency powers regarding shortages of petroleum products and other fuels; and providing penalties. Will the House agree to the bill on second consideration? Mr. DeWEESE. Mr. Speaker, move that HB 223, PN 1978, be recommitted to the Committee on Appropriations. Motion was agreed to. * * * The House proceeded to second consideration of HB 1377, PN 2051, entitled: An Act amending the act of March 10, 1949 (P. L. 30, No. 14), known as the "Public School Code of 1949," granting pupils the right to refuse to dissect, vivisect or otherwise harm or destroy animals. Will the House agree to the bill on second consideration? BLL RECOMMTTED The SPEAKER pro tempore. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, move that HB 1377, PN 2051, be recommitted to the Committee on Appropriations. Motion was agreed to. * * * The following bill, having been called up, was considered for the second time and agreed to, and ordered transcribed for third consideration: HB 432, PN 491. The House proceeded to second consideration of HB 1695, PN 1982, entitled: An Act amending the act of March LO, 1949 (P. L. 30, No. 141, known as the "Public School Code of 1949,'; further providing for the compulsory age of attendance. Will the House agree to the bill on second consideration? BLL RECOMMTTED The SPEAKER pro tempore. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, 1 move that HB 1695, PN 1982, be recommitted to the Committee on Appropriations. Motion was agreed to. BLL RECOMMTTED The SPEAKER pro tempore. The Chair recognizes the majority leader. The House proceeded to second consideration of HB 343, PN 359, entitled:

11 1991 LEGSLATVE JOURNAL-HOUSE 1557 An Act amending the act of April 9, 929 (P. L. 343, No. 176), known as "The Fiscal Code," increasing the limitation on redevelopment assistance capital projects. Will the House agree to the bill on second consideration? Mr. DeWEESE. Mr. Speaker, move that HB 1493, PN 1742, be recommitted to the Committee on Appropriations. Motion was agreed to. BLL RECOMMTTED The SPEAKER pro tempore. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, move that HB 343, PN 359, be recommitted to the Committee on Appropriations. Motion was agreed to. * L * The House proceeded to second consideration of HB 1345, PN 1563, entitled: An Act authorizing the Department of Corrections to grant a license to the United States Park Service to erect and maintain certain radio telecommunications equipment on the land of the State Correctional nstitution at Cresson, Camhria County. Will the House agree to the bill on second consideration? BLL RECOMMTTED The SPEAKER pro tempore. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, move that HB 1345, PN 1563, be recommitted to the Committee on Appropriations. Motion was agreed to. i The following bill, having been called up, was considered for the second time and agreed to, and ordered transcribed for third consideration: HB 1817, PN * * a... The House proceeded to second consideration of HB 1073, PN 1216, entitled: An Act amending the act of July 28, 1953 (P. L. 723, No. 230), known as the "Second Class County Code," further providing for the jurisdiction of the coroner, will the H~~~~ agree to the bill on second consideration? BLL RECOMMTTED The SPEAKER pro tempore. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, move that HB 1073, PN 1216, be recommitted to the Committee on Appropriations. On lhe question, was agreed to. The House proceeded to second consideration of HB 1292, PN 2045, entitled: An Act amendina Title 68 (Real and Personal Property) of the The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for third consideration: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for an exception to surcharge. Will the House agree to the hill on second consideration? BLL RECOMMTTED Will the House agree to the bill on second consideration? HB 1859, PN 2230; HB 1387, PN 1612; HB 1783, PN 2092; BLL RECOMMTTED and HB 1289, PN * * The SPEAKER pro tempore. The Chair recognizes the majority leader. The House proceeded to second consideration of HB 1493, Mr. DeWEESE. Mr. Speaker, 1 move that HB 1292, PN PN 1742, entitled: 2045, be recommitted to the Committee on Appropriations. The SPEAKER pro tempore. The Chair recognizes the majority leader. Motion was agreed to. * * * The House proceeded to second consideration of HB 1293, PN entitled: An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, adding provisions relating to real estate cooperatives

12

13 1991 LEGSLATVE JC URNAL-HOUSE Bunt Gigliotti Marsica Steighner Bush Gladeck Mayernik Stctler Butkavilz Godshall Melio Stish Caltagirone Gruitza Merry Strittmatter Cappabianca Gruppo Micozzie Stuban Carlson Hagany Mihalich Sturla Carn Haluska Mrkonic Surra Carone Hanna Mundy Tangretti Cawley Harley Murphy Taylor, E. Z. Cessar Harper Nahill Taylor, F. Chadwick Hasay Nailor Taylor, J. Civera Hayden Nickol Telek Clark Hayes Noye Tigue Clymer Heckler Nyce Tomlinsan Cohen Herman O'Brien Trello Colafella Hershey Olasz Trich Calaizzo Hess Oliver Tulli Cole Hughes Pcrzel Uliana Cornell ltkin Pesci Van Harne Corrigan Jadlowiec Petrarca Vance Cowell James Petrone Vean COY Jarolin Phillips Vroan DeLuca Johnson Piccala Wambach DeWeese Jasephs Pistella Williams Daley Kaiser Pitts Wilson Davies Kasunic Preston Wozniak Dempsey Kenney Raymond Wright, D. R. Dent King Reber Wright, M. N. Dermody Kosinski Reinard NAYS-0 NOT VOTNG-0 EXCUSED-8 Braujos Semmel Wright, R. C. Levdansky Thomas Michlovic Wogan O'Dannell, 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. * * * The House proceeded to third consideration of HB 1515, PN 2462, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for missing children. Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER pro tempore. 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 Donatucci Krebs Richardson Adolph Durham Kruszewski Ricger Allen Evans Kukovich Ritter Anderson Fairchild LaOrotta Robinson Angstadt Fajt Lanary Roebuck Argall Fargo Laughlin Rudy Armstrong Farmer Lawless Ryan Arnold Fee Lee Saloam Barley Fleagle Leh Saurman Battisto Flick Lescovitz Scheetz Belardi Foster Linton Schuler Belfanti Fax Lloyd Scrimenti Billow Freeman Lucyk Serafini Birmelin Freind McCall Smith, B. Bishop Gallen McGeehan Smith, S. H. Black Gamble McHale Snyder, D. W. Blaum Gannan McHugh Snyder, G. Bawley Ceist McNally Sraback Bayes George Maiale Stairs Brown Gerlach Markosek Steelman Bunt Gigliotti Marsico Steighner Bush Gladeck Mayernik Stetler Butkavitz Godshall Melio Stish Caltagirone Gruitza Merry Strittmatter Cappabianca Gruppa Micozzie Stuban Carlson Hagarty Mihalich Sturla Carn Haluska Mrkonic Surra Carone Hanna Mundy Tangrefti Cawley Harley Murphy Taylor, E. Z. Cessar Harper Nahill Taylor, F. Chadwick Hasay Nailor Taylor, J. Civera Hayden Nickol Telek Clark Hayes Naye Tigue Clymrr Heckler Nyce Tomlinsan Cohen Herman O'Brien Trello Colafella Hershey Olasz Trich Colaizza Hess Oliver Tulli Cole Hughes Perzel Uliana Cornell ltkin Peaci Van Horne Corrigan Jadlowiec Petrarca Vance Cowell James Petrone Vean COY Jaralin Phillips Vroon DeLuca Johnson Piccola Wambach DeWeese Josephs Pistella Williams Daley Kaiser Pitts Wilson Davies Kasunic Preston Worniak Dempsey Kenney Raymond Wright, D. R. Dent King Reber Wright. M. N. Dermody Kosinski Reinard NAYS-0 NOT VOTNG-0 EXCUSED-8 Broujos Semmel Wright, R. C. Levdansky Thomas Michlovic Wogm O'Donnell. 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. * * * The House proceeded to third consideration of HB 1663, PN 2463, entitled: An Act amending the act of July 11, 1923 (P. L. 1044, No. 425), referred to as the "Prisoner Transfer Law," further providing for transfers. Will the House agree to the bill on third consideration? Bill was agreed to.

14 ~ ~~~~~ 1560 LEGSLATVE JOURNAL-HOUSE OCTOBER 21, The SPEAKER pro tempore. 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. Acosta Adolph Allen Anderson Angstadl Argall Armstrong Arnold Barley Battisro Belardi Belfanti Billow Birmelin Bishop Black Blaum Bowley Boyes Brown Bunt Bush Donatucci Durham Evans Fairchild Fa; t Fargo Farmer Fee Fleagle Flick Foster Fox Freeman Freind Gallen Gamble Gannon Geist George Gerlach Gigliatti Gladeck YEAS-194 Krebs Kruszewski Kukovich LaGrotta Langtry Laughlin Lawless Lee Leh Lescavitz Linron Lloyd Lucyk McCall McGeehan McHale McHugh McNally Maiale Markorek Marsico Mavernik Civera Havden Nickal Trlek Clark Clymer Cohen Colafella Calaizzo Cole Cornell Corrigan Cowell COY DeLuca DeWeese Daley Davies Dempsey Dent Dermody ~a;es Heckler Herman Hershey Hess Hughes ltkin Jadlawiec James Jarolin Johnson Josephs Kaiser Kasunic Kenney King Kosinski Noye Nyce O'Hrien Olasr Oliver Perrel Pesci Petrarca Petrone Phillips Piecola Pistella Pitts Preston Raymond Reber Reinard Richardson Rieger Ritter Roebuck Rudy Ryan Salaom Saurman Schcetr Schuler Scrimenri Serafini Smith. B. Smith, S. H. Snyder, D. W. Snyder. G. Staback Stairs Steelman Steighncr Stetler Butkovitz Godshall ~eiio Stish Caltagirane Gruitza Merry Stritrmatter Cappabianca Gruppo Micozzie Stuban Carlsan Hagany Mihalich Sturla Carn Haluska Mrkonic Surra Carone Hanna Mundy Cawley Harley Murphy Tangretti Taylor, E. L. Cessar Harper Nahill Taylor, F. Chadwick Hasay Nailar Taylor, J. Robinson NAYS-0 NOT VOTNG- EXCUSED-8 Tigue Tamlinson Trello Trich Tulli Uliana Van Horne Vance Veon Vroon Wambach Williams Wilson Wozniak Wright, D. R. Wright, M. N. Braujos Semmel Wright, R. C. Levdansky Thomas Michlovic Wagan O'Dannell, Swaker 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. * * * The House proceeded to third consideration of HB 1732, PN 2163, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing additional grounds for refusing registration in certain cases. Will the House agree to the bill on third consideration? BLL RECOMMTTED The SPEAKER pro tempore. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, 1 move that HB 1732, PN 2163, be recommitted to the Committee on Appropriations. Motion was agreed to. RESOLUTONS Mr. SCRMENT called up HR 201, PN 2530, entitled: A Resolution declaring the month of October as "Pennsylvania Crape Month." Will the House adopt the resolution? The following roll call was recorded: Acosta Adolph Allen Anderson Angstadt Argall Armstrong Arnold Harley Hattist0 Belardi Belfanri Billow Birmrlin Bishop Black Blaum Bowley Boyes Brown Bunt Bush Butkovitz Cdtagirone Cappabianca Carlson Carn Carone Cawley Cessar Chadwick Civera Clark Donatucci Durham Evans Fairchild Faj t Fargo Farmer Fee Fleagle Flick Foster Fox Freeman Freind Gallen Gamble Gannan Geist George Gerlach Gigliotti Gladeck Godshall Gruitza Gruppo Hagany Haluska Hanna Harley Harper Hasay Hayden Hayes Krebs Kruszewski Kukovich LaCrotta Langtry Laughlin Lawless Lee Leh Lescovitz Linton Lloyd Lucyk McCall McGeehan McHale McHugh McNally Maiale Markosek Marsica Mayernik Melio Merry Micozzie Mihalich Mrkonic Mundy Murphy Nahill Nailar Nickal Noye Richardson Rieger Ritter Robinson Roebuck Rudy Ryan Salaom Saurman Scheetr Schuler Scrimenti Serafini Smith, B. Smith. S. H. Snyder, D. W Snyder, G. Staback Stairs Steelman Steighner Stetler Stish Strittmatter Stuban Sturla Surra Tangretti Taylor, E. Z. Taylor, F. Taylor, J. Telek Tigue

15 LEGSLATVE JOURNAL-HOUSE 1561 Clymer Cohen Colafella Colaizro Cole Carnell Corrigan Cowell COY DeLuca DeWeese Daley Davies Dempsey Dent Dermody Broujos Levdansky Michlovic Heckler Herman Hershey Hess Hughes tkin Jadlawiec lanles Jarolin Johnson Josephs Kaiser Kasunic Kenney King Kosinski Nyce O'Bnen Olasz Oliver Perzel Pesci Petrarca Petrone Phillips Piccola Pistella Pitts Preston Raymond Reber Reinard NAYS-0 NOT VOTNG-0 Semmel Wright, R. C. Thomas Wogan O'Dannell, Speaker Tomlinson Trella Trich Tulli Uliana Van Horne Vance Veon Vroon Wambach Williams Wilson Wazniak Wright. D. R. Wright, M. N, The question was determined in the affirmative, and the resolution was adopted. *** Mr. ARNOLD called up HR 202, P N 2531, entitled: A Resolution memorializing Congress to maintain the strength of the National Guard. Will the House adopt the resolution? The following roll call was recorded: YEAS-194 Acosta Danatucci Kruszewski Richardson Adolph Durham Allen Evans Kukovich LaGratta Rieger Ritter Anderson Angstadl Fairchild Fajt Langtry Laughlin Robinson Roebuck Araall Fargo Lawless Rudy Armstrong Arnold Barley Battisto Belardi Belfand Billow Birmelin Bishop Black Blaum Bowley Boyes Brown Bunt Bush Butkovitz Caltagirane Cappabianca Carlson Carn Carone Cawley Cessar Chadwick Farmer Fee Fleagle Flick Foster Fox Freeman Freind Gallen Gamble Gannan Geist George Gerlach Cigliatti Gladeck Godshall Gruitza Gruppo Hagany Haluska Hanna Harley Harper Hasay Lee Leh Lescovitz Linran Lloyd Lucyk McCall McGeehan McHale McHunh ~c~aliy Maiale Markosek Marsica Mayernik Melio Merry Micozzie Mihalich Mrkonic Mundy Murphy Nahill Nailor Nickol Ryan Saloom Saurman Schectz Schuler Scrimenti Serafini Smith, B. Smith, S. H. Civera Hayden Noye Telek Clark Hayes Nyce Tigue Snyder... D. W Snyder, G. Staback Stairs Steelman Steighner Stetler Stish Strittmatter Stuban Sturla Surra Tangretti Taylor, E. 2. Taylor, F. Taylor, J. Clymer Cohen Colafella Colairzo Cole Cornell Carrigan Cowell COY DeLuca DeWeese Daley Davies Dempsey Dent Dermody Jasephs Braujas Levdansky Michlovic Heckler Herman Hershey Hess Hughes ltkin Jadlowiec lames Jaralin Johnson Kaiser Kasunic Kenney King Kosinski Krebs O'Brien Olasz Oliver Perzel Pesci Petrarca Petrane Phillips Piccola Pistella Pitts Preston Raymond Reber Reinard NAYS-0 NOT VOTNG-1 Semmel Wright, R. C. Thomas Wogan O'Donnell, Speaker Tomlinson Trella Trich Tulli Uliana Van Horne Vance Veon Vroon Wambach Williams Wilson Worniak Wright, D. R. Wright, M. N. The question was determined in the affirmative, and the resolution was adopted. BLLS ON THRD CONSDERATON CONTNUED The House proceeded to third consideration of HB 1385, PN 1888, entitled: An Act amending theact of May 13, 1915 (P. L. 286, No. 1771, known as the "Child Labor Law," further providing for the minimum age of employment, hours of employment and employment certificates for minors. Will the House agree to the hill on third consideration? Mr. COWELL offered the following amendments NO. A2588: Amend Sec. 1 (Sec. 2), page 2, line 8, by inserting brackets before and after "twelve" and inserting immediately thereafter eleven Amend S z (Sec. 2), page 2, line 8, by inserting after " vears",- ~~~ with documented parental consent Amend Sec. 1 (Sec. 2).,. oaee. 2. line 9.. bv. inserting brackets before and after "employed" and inserting immediately there- after Amend Sec. 1 (Sec. 2), page 2, line 9, by inserting brackets before and after "caddy" Amend Sec. 1 (Sec. 2), page 2, line 9, by striking out "or Amend Sec. 2 (Sec. 2). page 2, lines 9 and 10, by striking out "as hereinafter provided Amend Sec. 2 (Sec. 4), page 2, line 27, by inserting after "days" excepr tor minors engaged in the delivery of neuspapers, u,hiih minor, can work seten day\ per u& Alnrnd Sr;. 2 Sc;. 4,.,.. Daee l~ne 27.. bv. inserting brackets before and after "employed" and inserting immediately thereafter

16 1562 LEGSLATVE JOURNAL-HOUSE OCTOBER 21, Amend Sec. 2 (Sec. 4). page 4, line 1, by inserting brackets before and after "six" and inserting immediately thereafter fi"~...- Amend SF~ (Sec. 4), page 4, line 25, by inserting after "WEEK" - : further provided, that newspaper carriers may begin work at five o'clock in the morning with documented parental consent Will the House agree to the amendments? The SPEAKER pro tempore. the Chair recognizes the gentleman from Allegheny County, Mr. Cowell. Mr. COWELL. Thank you, Mr. Speaker. Mr. Speaker, the amendment which am offering pertains specifically to newspaper carriers, and it would treat newspaper carriers differently from other minors in several respects. One, newspaper carriers could begin to work when they are 11 years of age rather than 12; they would be able to work 7 days a week, recognizing the reality of delivering-the-newspaper business; and thirdly, they would be able to begin work at 5 o'clock in the morning rather than 6 o'clock in the morning. Each of these separate treatments, however, would be with parental consent, which is another requirement added to the legislation through this amendment. Mr. Speaker, this has been negotiated with the Newspaper Publishers' Association, and it has the agreement of the Department of Education, which is one of the prime movers of this legislation. 1 would urge approval of the amendment. The SPEAKER pro tempore. the Chair recognizes the gentleman from Union County, Mr. Fairchild. Mr. FARCHLD. Would the maker of the amendment stand for a brief interrogation? The SPEAKER pro tempore. The gentleman inquires whether the gentleman from Allegheny County, Mr. Cowell, will stand for interrogation on the question. He indicates that he will. The gentleman from Union County may proceed. Mr. FARCHLD. Thank you, Mr. Speaker. Mr. Speaker, am glad the Newspaper Association decided to change your bill, but why would the newspaper industry or the publishing industry have any proprietary interest, or why should they be granted exceptions when any other business, other than agriculture, is not granted the same exceptions? Mr. COWELL. Mr. Speaker, the special treatment, if you will, that is afforded newspaper carriers is an attempt to reflect reality and the nature of delivering newspapers. n my neighborhood, anyway- And have got two sons who are 18 and 19 now, and they were both newspaper carriers. One, they worked 7 days a week; they worked about an hour a day, but it simply was not very realistic to say that they would deliver the paper Monday through Friday and then somebody else would have to take care of it Saturday or Sunday, or that they would do it Tuesday through Saturday and somebody else would have it Sunday or Monday. So think that is reality. f you are going to have a newspaper route, you do it 7 days a week or maybe 6 days a week in the case of some newspapers. Secondly, for youngsters who are delivering the morning route, and think there are fewer and fewer of them-at least in my area-fewer and fewer young people delivering morning papers. However, if they are going to catch a schoolbus sometimes at 6:30 or quarter to 7 in the morning to get to school on time, if they want to have that morning newspaper route, they start delivering the paper maybe at 5 or 5:30. think in the case of my sons, one of them had a morning route and he was out at 5:45 to get his 30-minute route completed. Again, it is an attempt to reflect reality. t is an attempt to make sure that these kinds of jobs continue to he available to young people rather than, through the law, effectively saying, because of the restrictions we create, you are not going to be able to be a newspaper carrier in Pennsylvania. That is the reason for the special treatment. t is not so much special treatment for that industry; it is special treatment for young people who do want to have a job, who tend to work maybe an hour a day or 30 minutes a day to get that route, but because of the nature of the business, you need to treat them as an exception, in my opinion. Mr. FARCHLD. Mr. Speaker, perhaps-and think this is probably the place to talk about it, in the amendment; we could talk on it in the bill-but my specific question was, why would newspapers be treated any differently than maybe a store owner or whatnot? Say it snowed and a child was going to shovel snow off the sidewalks of the neighbor's yard or in front of the store. Why should the newspaper industry be treated a whole bunch differently than any other business would be treated or any other individual would be treated in this aspect? The way read your bill, and maybe 1 am wrong, but could you please tell me if a child could not shovel walks, could not sweep sidewalks, within the guidelines of the hours that you have established in your bill and in your amendment? Mr. COWELL. think that if a youngster is going door-todoor to shovel snow in the middle of winter in his neighborhood, there is nothing in this legislation or the current law that affects that. Mr. FARCHLD. think the law specifically prohibits any employment whatsoever. Mr. COWELL. What the law deals with is our employers who would employ youngsters. That, think, would mean that the local business could not have a youngster on the payroll who is going to come in at 4 o'clock in the morning or 5 o'clock in the morning to sweep the sidewalks. f that is what you are speaking about, think it applies. f you are talking about a youngster who basically operates as an independent contractor, going door-to-door when there is snow falling, do not think the law as proposed or the law as it has existed has any application at all. Mr. FARCHLD. Well, Mr. Speaker, think the sponsor brings up a good argument, and we are already seeing that with the Department of Revenue now. Are you saying that an independent contractor - i.e., child - would not be covered under this legislation, that they are allowed to do that?

17 1991 LEGSLATVE JOURNAL-HOUSE 1563 Mr. COWELL. This law has been on the books for quite a few years now, and my kids have done what every other kid did, guess, in this Commonwealth for the last 50 years. When there is snow falling, they go out and they shovel snow, and if there is a lot of snow, they work as many hours as they possibly can while there is snow on the ground to make a buck, and if it happens to be snowing during the night, maybe they go out early in the morning to help neighbors get their cars out of the driveway early in the morning. have never seen anybody even suggest that this law would have any application to a youngster in those circumstances, and do not think anybody is suggesting that. Mr. FARCHLD. Thank you, Mr. Speaker. May make a statement? The SPEAKER pro tempore. The gentleman is in order and may proceed. Mr. FARCHLD. Mr. Speaker, again, am going to speak on the amendment, and probably my comments would be applicable to the bill at hand. However, it is really starting to bug me, guess, for lack of maybe better words, but it seems like we keep enacting legislation, we keep enacting laws, and we say, well, this is the intent or this is the intent. would like to read into the record what the language of the bill says. "No minor under sixteen years of age shall be employed or permitted to work in, about, or in connection with, any establishment or in any occupation before seven o'clock in the morning or after seven o'clock in the evening of any day except during school summer vacation period from June to Labor Day..." This means any child in the neighborhood who has a Saturday job who is not afraid to get up and go to work at 6 o'clock, and we are talking under did it when was young. come from rural Pennsylvania. We kind of admire those traits. We are not talking about saying that a child should go out and work 18 hours a day or 12 hours a day, but where did we get 7 o'clock in the morning? Where does that come from? My dad had me up at 5 o'clock in the morning. You know, did not like to get up, but got up. t was only a couple hours. He is not here anymore, but respect him very much for that. think it made me a better person. 1 sincerely appreciate the intent of Representative Cowell, and think there are some very good portions and pieces in this bill, but think when and if we pass that, you are going to go home and the same thing is going to happen which happened to many of us on the sales tax, and they are going to say, did you really vote for that? Did you really understand what was in that? All am asking is, take a very serious look. Read what is in the bill and the amendment. Thank you, Mr. Speaker. The SPEAKER pro tempore. the Chair recognizes the gentleman from Luzerne County, Mr. Tigue. Mr. TGUE. Thank you, Mr. Speaker. Mr. Speaker, am a little confused over the intent of the amendment. We are going to lower the age to 11 to allow 11- year-olds, starting as early as 5 o'clock in the morning, to pass papers or deliver papers. t seems to me that the idea of this bill was to insure that children were getting enough sleep, enough time to study, but we are making the exception, as Mr. Fairchild said, for one particular industry. Why should we allow ll-year-olds to be out wandering the streets at 5 o'clock in the morning, passing papers, if in fact we are saying in the remainder of the bill, we are concerned about students who are working too much or getting up too early, not getting proper nutrition, proper sleep, proper care, etcetera. t is just inconsistent. Therefore, ask that you defeat this amendment. Thank you, Mr. Speaker. The SPEAKER pro tempore. the Chair recognizes the gentleman from Allegheny County, Mr. Olasz. Mr. OLASZ. would like to have the attention of the House so that give them something to think about. The SPEAKER pro tempore. Members of the House will kindly be in order so that you can he able to think about this together. Mr. OLASZ. Thank you, Mr. Speaker. 1 rise in opposition to this amendment. appreciate everybody trying to get out and hustle to make a buck, but when we went out and hustled and made a buck, society was a heck of a lot different than what it is today. Are you going to tell me that you are going to put a young man or young lady out in that street, because have seen papergirls at 5 o'clock in the morning. With the molestations that are taking place today, somebody needs their head examined, especially now that we have the shorter daylight hours. How many people have you heard about getting shot because somebody hears a noise outside their door? Most of your public are not aware of the fact that newspaper deliveries will start at 5 o'clock, and a lot of people in a lot of areas are gun-happy today, and rightfully so. cannot see the value of putting a young person out on that street 1 hour earlier. t does not make sense, as my colleague, Mr. Tigue, said, to get someone up at 4 o'clock in the morning so that they can deliver papers at 5 and go to school half asleep, like they were out drinking all night long, and then paying the penalty later on for their failure to do good work. cannot see the value, once again, of moving this back to 11 years of age. want you to think about it and then vote "no." Thank you very much, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman and on the question recognizes the gentleman from Perry County, Mr. Noye. Mr. NOYE. Thank you, Mr. Speaker. Mr. Speaker, rise in opposition to the amendment. Representative Olasz struck on one point that wanted to make, and that is that on Sunday we revert to the original time and away from daylight saving time and so the hours of darkness already are bad in the morning and, of course, will be extended in the evening, and you are asking these young children to go out during the rush hour, when people are

18 LEGSLATVE JOURNAL-HOUSE OCTOBER 21, driving to and from work, crossing streets to deliver a newspaper. f there is anyone in this House who can talk about an 11- year-old crossing the street, it is me, and the problems that have had to endure in the last month. sure would not want your children trying to cross busy streets while people are rushing to get to work and rushing to get home from work at a time when they are not visible and cannot be seen. Not only do we have to contend with the hours of darkness, but at this time of the year we have to contend with a lot of fog, a lot of haze, and it is very, very difficult for drivers to see at those early hours of the morning. So would urge you to rethink your position on this and to vote "no." The SPEAKER pro tempore. The Chair thanks the gentleman. the Chair recognizes for the second time the gentleman from Allegheny County, Mr. Cowell. Mr. COWELL. Thank you, Mr. Speaker. Mr. Speaker, in developing this legislation with the Department of Education, actually at the urging of the Department of Education, there obviously is need for a balancing act. You want to on the one hand, if we are going to tighten restrictions, tighten them in a meaningful way so that we do address some of the concerns that were raised here and some of the concerns that our committee heard about during the process of several hearings, and that is the need to help youngsters be better prepared for their regular work - that is, the work of going to school and doing well in school - but there is a need to balance that with concerns that we not in our zeal in that one direction effectively make it impossible for young people to have reasonable jobs for reasonable periods of time during the school week and otherwise. This amendment was an attempt to deal with what were voiced as concerns by some people who said we like this idea of the legislation, but are we going to basically make it impossible for a young person to have a job as a newspaper person? do not know too many kids who have newsoaoer.. routes where you can get away with working 5 days and tell somebody else to take care of Friday and Saturday, or Saturday and Sunday, or Sunday and Monday, and so that is an issue that does need to be addressed. And in fact a lot of young people are out doing newspapers before they catch the schoolbus today. Whether they start at 5:30 or 5:45, they are technically violating the law, hut that is the nature of that business, and they are typically doing it with the consent of their parents. The amendment, as suggested, does carry the proviso that any of these exceptions will only be with the consent of the parent, and so that is an important proviso. would also note, for those who look at this as special treatment for one industry, that in fact it was an attempt to provide special treatment, if you will, for one group of young people, young people who typically have had their first job in this business delivering the newspapers. think that was the case in my family and that was the case in thousands of families across this Commonwealth, so we do not want to make it impossible for a young person to have a reasonable job for a reasonable number of hours being a newspaper person. Similarly would note for Mr. Fairchild and others who have expressed concern about special treatment for this one industry that there is special treatment, if you will, elsewhere in the legislation pertaining to those who are employed on the family farm, because again the legi~lation did try or does try to reflect reality, and that is some young people have to get up pretty early in the morning to go out and do the chores on the family farm, and we did not want to create an unfair burden on the family or on that youngster. AMENDMENTS WTHDRAWN Mr. COWELL. Mr. Speaker, in light of the comments that have been made today, however, recognize that those who may share my concerns and concerns that were recognized by the Department of Education have not done enough to share those concerns with other members of this chamber. And so in order that we can move on with the business at hand and the primary purpose of HB 1385, for the time being, Mr. Speaker, would withdraw this amendment, certainly not offer it before the House considers HB 1385, and 1 would urge those who have concerns about the newspaper carriers to take up those issues as this hill is considered over in the Senate and during the days ahead. So, Mr. Speaker, withdraw the amendment. Thank you. The SPEAKER pro tempore. The Chair notes that amendment 2588 to HB 1385 has been withdrawn by the gentleman, Mr. Cowell. On the question recurring, Will the House agree to the bill on third consideration? Mr. DAVES offered the following amendment No. A2595: Amend Sec. 2 (Sec. 4), page 4, line 25, by removing the period after "WEEK" and inserting : And further provided, That minors sixteen and seventeen years ~p ~ 2f age who arc e111pa)ed in A hu\inesr aul~rrl or upr~~ed by [heir immily ulth [en or iencr employer ma) he crnploycd with no rr.rtr~ctiun as to hqur, during ih_e c,.lio~l \vcck. Will the House agree to the amendment? The SPEAKER pro tempore. the Chair recognizes Mr. Davies. Mr. DAVES. Thank you, Mr. Speaker. Mr. Speaker, this amendment would only speak to 16- and 17-year-olds who are employed in a business operated by their immediate family. t would allow them to- And that is a family business of only 10 employees or less and not any large business or anything like that. The immediate examples of that type of business which have in my district are where their employees are an integral part of the operations of the business, and even though it is not elongated hours, it is a small restaurant business. One is a type of a pizza business in which they are involved in the baking of the bread and so forth and so on or the preparation, rather, of the dough. The other is a small bakery where again it is not elongated hours but the hours are odd hours. They are not the normal hours of operation that are included in the current restrictions.

19 LEGSLATVE JC So this is the only type of exception. We are not speaking about l-year-olds or anyone that young. We are speaking about 16- and 17-year-olds, and of course, again what we are addressing is where the parents are directly involved in the business. t is not a question of special parental consent, but the parents are actively engaged in the business. So that is the nature of the amendment. The SPEAKER pro tempore. The Chair thanks the genlleman. the Chair recognizes the gentleman from Allegheny County, Mr. Cowell. Mr. COWELL. Thank you, Mr. Speaker. Mr. Speaker, 1 somewhat reluctantly must urge that we not accept the Davies amendment. We just heard a lot of concerns raised by members on both sides of the aisle about the implications of taking all the rules off for any particular set of circumstances, and some of those are legitimate concerns. And just as there is concern about a young person who may be out delivering newspapers at 5 o'clock, would be concerned about folks such as a neighbor that 1 used to have, who, when he was a young man, he and his sister got up at 3 o'clock in the morning to go to the East Liberty section of Pittsburgh to work in the family bakery before they went to school in the morning. am not suggesting that that is normal practice or widespread practice, but it is one of the concerns that would have and that know the Secretary of Education has with respect to the Davies amendment. appreciate and respect the desire to he respectful of family businesses, hut there are all kinds of family businesses and there is always the possibility of abuse, abusive parents who really do not look at a youngster's work in school as the youngster's primary work. And so we do need to be careful that we do not open up for abuse or maybe just not good judgment circumstances that could theoretically affect tens of thousands of youngsters across this Commonwealth, because the major businesses in this Commonwealth in fact are family-owned small businesses, and we have got tens of thousands of youngsters in those kinds of circumstances, and the amendment that is offered does not try to narrow the circumstances, does not try to narrow the kinds of industries or businesses. t simply says, if you are family owned and you have got fewer than 10 employees, several of which could be your kids, then there are no rules. These kids can work 7 days a week, 60 hours a week, regardless of hours. think the amendment is drawn too broadly. would be glad to work with Mr. Davies and others who share these concerns, as some share concerns about those newspaper carriers, so that when the bill is finally considered by the Senate and probably comes back to us for other amendments or other negotiations, we can work together to address John's concerns. Thank you, Mr. Speaker. The SPEAKER pro tempore. the Chair recognizes the gentleman, Mr. Davies, for the second time. Mr. DAVES. Thank you, Mr. Speaker. One of the original intents was, of course, to limit it to the premises, and 1 did not include that because was going to make it within immediate confines of either the family or their domicile or a short distance from the same. The only differential again, Mr. Speaker, is that we are talking about 16- and 17-year-olds and again we are talking about the limitation of a very small business where they are an integral part of the business. Again, we are not talking about 60 hours or any such thing. As far as those restraints, of course, am sure that that mauer, as far as practice, is something that a parent, of course, would not readily take abuse to since the youngster is matriculating or still has his academic work to do. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: Adolph Allen Anderson Angifadt Argall Armstrong Arnold Barley Bellanti Billow Birmelin Black Bowley Boycs Brown Bunt Bush Carlson Cawley Cessar Chadwick Civera Clark Clymer Colafella Cornell COY DeLuca Davies Dempsey Dent Dermady Durham Fairchild Fajt Acosta Battisto Belardi Bishop Blaum Butkovitz Caltagirone Cappabianca Carn Carone Cahen Colaizzo Cole Corrigan Fargo Farmer Fee Fleagle Flick Porter For Frceman Freind Ciallen Gamble Gannon Grist George Gerlach Gladeck Codshall Gruitra Gruppo Haluska Hanna Hasay Hayes Heckler Herman Herrhey Hess ltkin Jadlowiec!ohns0n Kaiser Kenney King Kosinrki Cowell DeWeese Daley Donatucci Evans Gigliotti Hagarty Harley Hayden James Jaralin Josephs Kasunic Krebs YEAS aGrotta.anglry Laughlin Lawless Lee Leh Lescovitz.loyd Lucyk McCall McHalr McHugh Markosek Marsico Merry Micozzic Mihalich Mrkonic Ndhill Nailor Nickol Noye Nyce O'Brien Olasr Oliver Perzel Pesci Petrone Phillips Piccola Pitts Raymond Reber Kruszewski Kukovich Lint on McGeehan McNally Maiale Mayernik Melia Mundy Murphy Pistella Preston Richardson Rieger Reinard Ritrer Rudy Ryan. Saloom Saurman Scheetz Schulrr Serafini Smith. B. Smith, S. H. Snyder, D. W Snyder. G. Staback Stairs Steelman Stish Strittmatter Stuban Tangretti Taylor, E. Z. Taylor, J. Telek Tigue Tomlinson Trella Tulli Uliana Van Horne Vance Vroon Warnbach Wilson Warniak Robinson Roebuck Scrimenti Steighner Stetler Sturla Surra Taylor, F. Trich Vean Williams Wright, D. R. Wright, M. N.

20 LEGSLATVE JOURNAL-HOUSE OCTOBER 21, NOT VOTNG-3 Harper Hughes Petrarea EXCUSED-8 Broujos Semmel Wright, R. C. Levdansky Thomas Michlavic Wogan O'Donnell. Soeaker 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 pro tempore. This hill has been considered on three different days and agreed to and is now on final passage. The auestion is. shall the bill oass finallv? the Chair recognizes the gentleman from Wyoming County, Mr. Lee. Mr. LEE. May interrogate the maker of the hill, Mr. Speaker? The SPEAKER pro tempore. The gentleman, Mr. Lee, asks if he may question Mr. Cowell, and the gentleman, Mr. Cowell, agrees to be interrogated. The gentleman, Mr. Lee, may proceed. Mr. LEE. Mr. Speaker, for my benefit, was talking to the minority chairman of the House Education Committee, and am still a little confused about the system under which you are going to review a student's academic standards and determine whether that student can or cannot work. Specifically, are you envisioning a system similar to what they now have for college athletics, saying that if you do not have, let us say, a 3.0 or a 2.5 grade average, you are automatically ineligible for employment? Mr. COWELL. 1 do not envision, Mr. Speaker, that kind of uniform cutoff across the board on a statewide basis. However, the language in the legislation does charge the Secretary of Education with developing standards which will be required to implement the provisions of the legislation pertaining to this issue, those circumstances or those criteria which will be considered by a superintendent. Before those standards can be implemented, as you are aware, all regulations and standards promulgated by the State Board and the department, in the case of standards, are subject to legislative review. And so what the Secretary does propose in terms of standards will have to come back before the House and Senate Education Committees, and we will have a chance to review the proposal at that point. But personally at this point do not anticipate what will call an arbitrary or at least a uniform figure, QPA (quality point average), to be applied across the State. do not anticipate that, because know that a 3.0 means different things in different places, and do not think it would be fair to impose that kind of standard uniformly in 501 districts. Mr. LEE. What type of standards would you envision? mean, am having trouble determining exactly how we are going to judge whether a particular student is going to be able to be employed, especially when you have a section in the bill regarding a superintendent's authority, on the bottom of page 5, that basically says that a superintendent will be able to deny a student's ability to work merely based on academic standards regardless of whether the employment has been determined to have any effect on the kid's scholastic ability. Mr. COWELL. 1 think that we ought to end up with State standards that provide maximum leeway to local superintendents to make these decisions, first of all. think that it will be prudent to have some statewide guidelines, though, that give some direction to the superintendents. f were making the decisions and 1 were at the local level, think that if a youngster was demonstrating repeated failure in terms of his or her course work, personally, do not think the youngster should be out working a lot of hours. think that whether you can prove that it is directly related to the youngster's poor performance or not, the priority ought to be to get that youngster about the business of improving his or her school performarruc. 1 have got strong feelings about this because, one, spent a lot of time in classrooms, particularly with high school students, and secondly, over the last year our committee has heard a lot from high school students during public hearings, and repeatedly and consistently, students as well as superintendents as well as teachers have talked about the detrimental effect on young people of working long hours and late hours and how that conflicts with their academic needs and how that causes some students to actually fail and how there is no remedy under the current law for anyone to intervene, from a school perspective, to step in and say, just because you are showing up at school, even though you are dead tired and we know it is because you are working till midnight every night, we cannot do anything but allow you to keep the permit. think that we ought to give our local school officials greater authority or more discretion, if you will, to intervene to help the youngster under those circumstances. Secondly, would emphasize that a lot of youngsters have pointed out that they are working a lot of hours. Sometimes they are working two jobs. They need to do it because they either need the spending money or in fact they are helping the family, hut they find themselves in an abusive situation, because under the law right now, an employer can require them to work more hours or later hours than even the student thinks is wise, but the student knows that if he or she refuses to work those hours that are now permitted by law, he or she is likely to lose their job, and so in order to keep the job, to keep a few bucks coming in, they tolerate those poor conditions. They know it is hurting them in school. They keep coming to school trying, but they are dead tired while they are there. And so this is an attempt to provide some protection for students as much as for anybody else. Mr. LEE. Okay. Thank you very much, Representative Cowell. Thank you, Mr. Speaker. have no further questions.

21 1991 LEGSLATVE JOURNAL-HOUSE 1567 The SPEAKER pro tempore. The Chair thanks the gentleman. the Chair recognizes the gentleman from Union County, Mr. Fairchild. Mr. FARCHLD. Will the sponsor of the bill please stand for a brief interrogation? The SPEAKER pro tempore. The gentleman, Mr. Cowell, indicates that he will consent to interrogation. The gentleman, Mr. Fairchild, may proceed. Mr. FARCHLD. Mr. Speaker, on page 4, line 26, there are provisions that a 16- or 17-year-old employed during June, July, August, or September by a summer resident camp or a conference or retreat operated by a religious or Scout organization shall receive 1 day of rest, 24 consecutive hours of rest, during every 7-day period. t lists some exemptions for 16- and 17-year-olds who will work during the summer months - June, July, August, and September - for religious organizations, Girl Scouts, Boy Scouts, conferences, et cetera. My question is, on page 5 in that same section, "...this paragraph shall not apply to a minor employed primarily for general maintenance work or food service activities." Specifically, it seems to me that if the intent was to give 16- or 17-year-olds a rest period, that you may have this reversed. n other words, if peel potatoes for 7 days a week or participate in a Girl Scout fire-building class, it seems like the language is reversed, and would like to ask you specifically, what is the thinking? Did this come from the Department of Education or did this come from Labor and ndustry or what was the thinking on this section? Mr. COWELL. Mr. Speaker, had trouble hearing your question, but if you were referring specifically to the language at the bottom of page 4 and the top of page 5 and you are asking where that language came from, do not know because it has been a part of the law perhaps since 1915, but it certainly is not anything that we are changing at this time. Mr. FARCHLD. So in other words- Okay. That is fine. Thank you, Mr. Speaker. The SPEAKER pro tempore. Does the gentleman have any further questions? Do you care to speak on the bill? Mr. FARCHLD. Could make a brief statement? The SPEAKER pro tempore. The gentleman is in order and may proceed. Mr. FARCHLD. On the bill, Mr. Speaker, believe that, again, the Representative has some very noble ideas. am sure he worked with the Department of Education. think, hopefully, by the discussions we have had here today and if you have had a time to review it, think this is going to open up Pandora's box. believe you are going to find that for that 16- or 17-year-old who may work at the golf course, the bakery, or other things, that some of the provisions in here just do not make a heck of a lot of sense. We developed as a Nation, we developed as a State, and certainly we have many, many different areas where we are looking at education and making it better. am not sure that this has been identified as one of the key factors. think before we introduce legislation such as this, we should really get to the heart of the problem and the heart of the problem in education. We are doing that on a national level. We continue to do that on the State level, but this is not the way to change education. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman and on the question recognizes the gentleman from Allegheny County, Mr. Cessar. Mr. CESSAR. Thank you, Mr. Speaker. Would the maker of the bill stand for a brief interrogation? The SPEAKER pro tempore. The gentleman, Mr. Cowell, consents to interrogation. The gentleman, Mr. Cessar, may proceed. Mr. CESSAR. Thank you, Mr. Speaker. Mr. Speaker, recently in Allegheny County two communities have put into effect ordinances calling for curfews on people up to the age of 16, guess, between the hours of 11 and 7 in the morning. n your opinion or do you not know, would the ordinance precede this legislation in saying that an individual who is 11 years old cannot deliver a newspaper at the hour of 5 o'clock in the morning? Mr. COWELL. Mr. Speaker, first, we did not approve that amendment deahng with the newspaper carriers, so now they would not be able to deliver papers before 6 a.m. Your point is still relevant though. You asked about a curfew that may tell kids they cannot be on the street until 7 a.m. There would be a conflict. had a chance since our conversation before session to make one phone call, and 1 am told that in one of those communities somebody thinks that the prohibition for kids to be on the street between 11 and 7 does have an exception, and that is, if they can prove that they are engaged in work or on their way to or from work, then the curfew would not apply. do not know that for certain. That was one person's interpretation. f in fact there is no such exemption, then we have a problem that is unrelated to this legislation. t is a problem with the current law, because right now students can work until 1 a.m. under some circumstances and can begin work at 6 a.m. That is currently a conflict then between two existing laws irrelevant to this legislation. Mr. CESSAR. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman. the Chair recognizes the gentleman from Lehigh County, Mr. Snyder. Mr. D. W. SNYDER. Thank you, Mr. Speaker. Mr. Speaker,, too, would just like to briefly interrogate the sponsor of the legislation. The SPEAKER pro tempore. The gentleman, Mr. Cowell, indicates that he will stand for interrogation. The gentleman, Mr. Snyder, may proceed. Mr. D. W. SNYDER. Mr. Speaker, due to the recent legislative activity in the House this summer, on issue has arisen as a result of this legislation coming up, and 1 know it is not directly addressed by this bill, but because of the timdisms of the topic, just wanted to get some clarification on the record.

22 LEGSLATVE JOURNAL-HOUSE OCTOBER 21, Now that such services as lawn care and landscaping are taxable for sales tax purposes, Mr. Speaker, we allow minors to perform those types of services. My general question is, who is responsible for the collection of the sales tax? Do we allow minors to receive certification as agents for sales tax or would it be the parents, the guardian, or the school district? Mr. COWELL. Mr. Speaker, that question is totally irrelevant to this legislation, and so the best that would do to not do the gentleman a disservice, 1 would suggest that he speak to somebody from the Appropriations Committee or to the Department of Revenue. would emphasize for purposes of this bill, though, that there is nothing in this legislation that imposes on students, parents, or the school district any additional duties related to the collection of taxes or anything else. This speaks only to hours and conditions under which students can work. t has nothing to do with the taxation issue. And certainly want to make it clear that there is no intersection between the gentleman's issue and the tax bill and what is proposed in this legislation. So although understand the questions that have been raised as a result of this summer's action, they are irrelevant to this legislation. Mr. D. W. SNYDER. Mr. Speaker, would just like to make a comment. The SPEAKER pro tempore. The gentleman is in order and may proceed. Mr. D. W. SNYDER. Mr. Speaker, although the maker of the legislation feels that the issue is irrelevant, he did note that the legislation does impose the conditions for employing a person who is under the age of 18, and do think that we now have to look at the role of a minor in terms of this legislation with the additional responsibilities we have now imposed on certain personal care services and services provided in the fields in which this law does permit minors to perform. So think that if it is not properly addressed in this legislation, we certainly do have an area of the law that does need to be addressed. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman. the Chair recognizes the gentlelady from Chester County, Mrs. Taylor. Mrs. TAYLOR. Thank you, Mr. Speaker. 1 would like to interrogate the maker of the bill. The SPEAKER pro tempore. The gentleman, Mr. Cowell, indicates that he will consent to interrogation, and the gentlelady, Mrs. Taylor, may proceed. Mrs. TAYLOR. Mr. Speaker, know that in our discussions in the committee we were quite concerned with those young people who wish to become members of volunteer ambulance companies, volunteer firefighters. wonder, for the record and for the entire membership, if you could clarify for them and for me again your position as far as the effect of the passage of this legislation on those volunteers in the emergency medical field. Mr. COWELL. Mr. Speaker, my understanding of this legislation, as well as the current law, is that we are doing nothing in this legislation and we are not addressing those sections of the law that in any way pertain to individuals of any age, including minor children, who engage in volunteer activities for the fire department or for local ambulance or rescue companies. Mrs. TAYLOR. Mr. Speaker, just caution the members that while all of us are very much aware of obtaining the interest of our young people in being volunteers in our community, would not like to see the passage of any legislation that would any way affect their participation. We need that. We need to instill that volunteerism in our young people, and believe that in many communities really the effect and the progress of these emergency medical companies depend upon the volunteer of these young people. The SPEAKER pro tempore. The Chair thanks the lady. the Chair recognizes the gentleman from Lehigh County, Mr. Dent. Mr. DENT. Thank you, Mr. Speaker. would like to briefly interrogate the maker of this bill. The SPEAKER pro tempore. The gentleman, Mr. Cowell, indicates that he will consent to interrogation. The gentleman, Mr. Dent, may proceed. Mr. DENT. Thank you, Mr. Speaker. On page 5, section 7.2, line LO, the term "legally excused from school" is used. s a dropout legally excused from school at the age of 16 or 17? Mr. COWELL. Mr. Speaker, do not know if there is a formal process in place that would have that language apply to the dropout. Frankly, that is something that we would have to check on. That language, when we discussed it, when it was inserted and we discussed it, it was there anticipating other circumstances during which a youngster might be legally excused from school, but it was not pertaining at that point to the dropout. would have to doublecheck for you to give you a complete answer that am comfortable with. Mr. DENT. Because my reason for asking, will high school dropouts be subject to.the provisions of this bill, guess, the work requirements? Mr. COWELL. Again, we do not in any way change the manner in which the law applies to high school dropouts, and if you will recall, most of the changes pertain to much younger minor children. My understanding of the application of the current law is that when a youngster has dropped out and is-and again this is where it gets fuzzy-legally excused from school-and am not sure of that process-the language does not apply. The youngster is not required to be getting the work permit from the school superintendent since the youngster is no longer enrolled in school. And would emphasize that most of the language in this legislation pertains to and this section of the law pertains to conditions for a youngster to be getting a work permit from the school superintendent. f the youngster is a dropout, is not enrolled in school, then the issue of the work permit is a moot issue.

23 1991 LEGSLATVE JOURNAL-HOUSE 1569 Mr. DENT. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman. MOTON TO RECOMMT The SPEAKER pro tempore. the Chair recognizes the gentleman from Berks County, Mr. Gallen. Mr. GALLEN. Mr. Speaker, think Mr. Dent raised a very significant question and one that did not receive a reasonable answer, and therefore, Mr. Speaker, think this bill needs more study and move that this hill be recommitted to the Committee on Education. Thank you, Mr. Speaker. The SPEAKER pro tempore. Moved by the gentleman, Mr. Gallen, that the bill be recommitted to the Committee on Education. The SPEAKER pro tempore. On that motion, the Chair recognizes. the gentleman from Allegheny County, Mr. Cowell. Mr. COWELL. Thank you, Mr. Speaker. Mr. Speaker, if the bill comes back to our committee, would suggest we are going to report it back out. think that there is great sentiment among the members of the Education Committee to address this issue. As Mr. Fairchild suggested earlier, there are lots of things that we need to be addressing in terms of education reforms. We ought to quit ducking the issues here. would suggest that this legislature has fallen far behind in terms of beginning to address some of the education reform issues that legislatures are addressing all over this country, and we ought to quit coming up with reasons why we duck issues. f there remains a question to be answered, and Mr. Dent asked a legitimate question, one that do not think will ultimately determine the outcome of this legislation hut one that does deserve an answer, am perfectly willing to put the bill over temporarily until we get a complete answer as to whether the "legally excused from school" applies to dropouts, but that is a technical issue that we can answer in probably S or 10 minutes or certainly by tomorrow morning. There is no need for us to use that as an excuse to duck a very serious question around which there is great unanimity in the school communitv. Students, superintendents, school board people, teachers have all said, as far as know, without exception, we need to be doing this. The only people who have quarreled with it at all are people who do not know what we are doing, who have not bothered to look at the issue, or who are having some kind of a resuonse from emuloyers.. who like the convenience of having kids who can work all hours of the day and night. Let us not use the need to respond to one question as an excuse to duck this issue. would urge that we defeat the motion to recommit to the Education Committee. ' On the question recurring, The following roll call was recorded: YEAS-74 Adolph Durham Jadlawiec Allen Fairchild Johnson Anderson Farga King Argall Farmer Krebs Armstrong Fleagle Langtry Barley Flick Lawless Birmelin Fox Lee Black Gallen Leh Boyes Cannon McHugh Brown Geist Marsico Bush Gladeck Micorrie Carlsan Godshall Mrkanic Cessar Gruppa Nahill Chadwick Hagarty Nailor Civera Harley Nickol Clark Hasay Naye Clymer Hayes Nyce Cornell Hershey O'Brien Dempsey Hess NAYS- 15 Angstadt Arnold Ballisto Belardi Belfanti Billow Bishop Blaum Bowley Bunt Butkavitz Caltagirone Cappabianca Carone Cawley Cohen Colafella Colairro Cole Corrigan Cowell COY DeLuca DeWeese Daley Davies Dent Dermody Donatucci Evans Lloyd Fajt Lucyk Fee McCall Faster McCeehan Freeman McHale Gamble McNally George Maiale Gerlach Markosek Gigliotti Mayernik Gruitza Melio Haluska Merry Hanna Mihalich Hayden Mundy Heckler Murphy Herman Olasz Hughes Oliver ltkin Pesci Jarolin Petrarca Josephs Petrone Kaiser Piccola Kasunic Pistella Kenney Preston Koainski Reinard Krusrewski Richardson Kukovich Rieger LaGrotta Ritter Laughlin Robinson Lercovitz Rudy Linton Salaom NOT VOTNG- Phillips Pitts Raymond Reber Roebuck Ryan Saurman Serafini Smith, B. Stairs Strittmatter Telek Vancc Vroon Wilson Wazniak Wright, M. N. Seheetz Schuler Scrimenti Smith, S. H. Snyder, D. W. Snyder, G. Staback Steelman Steighner Stetler Stish Stuban Sturla Surra Tangretti Taylor. E. Z. Taylor, F. Tigue Tomlinson Trello Trich Tulli Uliana Van Harne Veon Wambach Williams Wright, D. R. Acosta Freind James Taylor. J. Carn Harper EXCUSED-8 Braujas Semmel Wright, R. C. Levdansky Thomas Michlovic Wogan O'Donnell, cnn.ls. The question was determined in the negative, and the motion was not agreed to. On the question recurring, Shall the bill pass finally?

24 1570 LEGSLATVE JOURNAL-HOUSE OCTOBER 21, The SPEAKER pro tempore. the Chair recognizes the gentleman from Lancaster County, Mr. Armstrong. Mr. ARMSTRONG. Mr. Speaker, would like to interrogate the maker of the bill. The SPEAKER pro tempore. The gentleman, Mr. Cowell, consents to the interrogation. The gentleman, Mr. Armstrong, may proceed. Mr. ARMSTRONG. According to page 4, line 24, it states that "who are employed on a family farm," and 1 would like for you, if you could, to clear up any misunderstandings as to what a family farm is. s that a corporate farm? Would that apply to this situation? At this point would just like to give you a couple of minutes to try to respond to that. Mr. COWELL. The intent of that language-that is anguage on page 4, line 24, that speaks to the issue of family farm-is that a youngster would be able to work on the farm owned by his or her family without the conditions of this legislation applying. Mr. ARMSTRONG. So that it could be properly ascertained at this point that a neighbor who is a part of that farming operation but not a member of the family would not be allowed to participate in those farming practices at the times outlined in this bill? M. COWELL. am sorry, Mr. Speaker. Could you repeat that question? had trouble hearing the first part of it. Mr. ARMSTRONG. All right. As you have stated, at this point the bill only gives the exemption to a child who is a member of the family who owns the farm. n essence what you are stating is that a neighbor who may be a part of that farming apparatus there and operation would not be able to come in and work at the times that are restricted in this bill. Mr. COWELL. Mr. Speaker, did not quite understand the distinction the gentleman was trying to make because he threw around the word "family" a couple times there, and you said somebody who was a member of the family would not be able to come in? Mr. ARMSTRONG. A neighbor who is not a part of the family coming onto the farm who is recognized as a part of that farming operation. Mr. COWELL. f the youngster 6 or 17 years of age was not working on a farm-this is my interpretation-a farm owned by his or her family, then this exemption would not apply. would note also, Mr. Speaker, that under the current law, there is no exemption at all. We are providing this exemption for the very first time, in recognition again of the fact that youngsters work on their family farm. But if we do not accept this language, then there is no exemption at all under the current law. Mr. ARMSTRONG. Mr. Speaker, am done with my interrogation and would like to make a couple comments. The SPEAKER pro tempore. The gentleman is in order and may proceed. Mr. ARMSTRONG. appreciate very much the attempt for the exemption of the family farm members. However, do not believe it goes far enough to protect those young individuals who are part of our Future Farmers of America programs and whatever other programs that we may have involved. They will not be able to be a part of this particular process if they cannot show up for their farm duties early in the morning or later on in the afternoon. ask all members of the House at this point to vote this bill down. Thank you. The SPEAKER pro tempore. The Chair thanks the gentleman. the Chair recognizes the gentleman from Allegheny County, Mr. Cowell. Mr. COWELL. Thank you, Mr. Speaker. Mr. Speaker, most of the points that wanted to make raised in response to one or more of the questions. But let me reiterate very quickly what this legislation is about. This legislation is about a problem that has been cited to us by students, by school board directors, by superintendents, by principals, and by teachers. They cited the problem of too many kids coming to school too tired to do their school work, their real work, their primary obligation. They have spoken about the problem that some employers in fact operate outside of the law, but that is not really what is at issue here. The issue is that our current law is too liberal. t allows, under some circumstances, an employer to require a youngster, if he or she wants to keep the job, to work until 1 a.m. t allows employers legally to require youngsters to work a lot of hours during the course of the week, often in conflict with their schoolobligations. Nobody related to the school community has said this is a bad idea. Nobody related to the school community has said this is an inappropriate direction. Nobody related to the school community says that we have misinterpreted the problem. People who are concerned about kids learning in school, people who are concerned about kids getting to school prepared to learn say that this is not a panacea but this is a step in the right direction. For those who have concerns, whether it is the newspaper carrier, whether it is the small family business, whether it is the farm business, people have had ample opportunity, they have had several months to review the legislation and bring their amendments to us today. Just as we tried to do with the newspaper carrier issue, just as Representative Davies successfully did, people had a chance to come forward and say, here is how we can make it better; here is how we can make the anguage more complete. f there was a problem with the family farm language not being broad enough, even though for the first time we are providing an exemption there, somebody should have brought that amendment today, not use that as an excuse to say we are not ready to deal with this legislation; it is a bad idea. We should not leave the fact that somebody might not be able to work on the neighbor's farm to be a reason for us to leave the law as it is -very inadequate. Let us get on with the business of addressing school reform issues in this legislature and in this State. This is a small piece of it, but it is generally recognized in the school community as an important piece of the school reform effort.