COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL TUESDAY, MARCH 18, SESSION OF TH OF THE GENERAL ASSEMBLY No. 20. I Nn.

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1 COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL TUESDAY, MARCH 18, 1986 SESSION OF TH OF THE GENERAL ASSEMBLY No. 20 HOUSE OF REPRESENTATIVES I Referred to Committee on EDUCATION, March 18, The House convened at 11 a.m., e.s.t. THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR PRAYER REV. DR. DAVID R. HOOVER, chaplain of the House of Representatives, from McConnellshurg, Pennsylvania, offered the following prayer: Most Gracious, Eternal, and Ever-loving God, as children of the Heavenly King, we draw near to Thee in this morning hour and we seek Thy counsel, guidance, and protection. May the brotherhood of man extend to these stewards of Thine so that the joys of fellowship may be enriched and strengthened; may the awareness of Thy love reach out to each one so that the power thereof may guide and direct all in Thy tender mercy:.. and may the assurance of Thy abiding. presence be felt in each life so that deeds, aims, and hopes may coincide with Thy will and Thy way. Amen. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was enunciated by members.) JOURNAL APPROVED The SPEAKER. The Journal for December 9, 1985, is in print. Unless there be objection, the Journal will stand as approved. The Chair hears no such objection No By Representative CALTAGIRONE An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, iurther providing for the expungment of criminal records. Referred to Committee on JUDICIARY. March No I Nn.254 (Concurrent) By Representatives LLOYD, MORRIS, RUDY, AFFLERBACH, CHADWICK, SEMMEL. WASS. BROUJOS, JOHNSON, SHOWERS, COY, SIRIANNI, BALDWIN, BUSH, STUBAN and FARGO An Act amending the act of May 15, 1945 (P. L. 547, No. 217), known as the vconservation District Law,n further turing and reestablishing the State Conservation Commission. Referred to Committee on AGRICULTURE AND RURAL AFFAIRS, March 18, HOUSE RESOLUTION INTRODUCED AND REFERRED By Representatives CALTAGIRONE, MRKONIC, LUCYK, BATTISTO and BROUJOS Memorializing the Congress of the United States to request that the United States Postal Service issue a commemorative stamp depicting thep-61 "Black Widow." Referred to Committee on RULES, March 18, JOURNAL APPROVAL POSTPONED 1 MASTER ROLL CALL The SPEAKER. The Journal for illonday, March 17, 1986, is not yet in print. Therefore, the approval of that Journal will have to be postponed until the Journal is in print. The Chair hears no objection to that. No HOUSE BILLS INTRODUCED AND REFERRED By Representative CALTAGIRONE An Act amending the act of March 10, 1949 (P. L. 30, No. 14), known as the "Public School Code of 1949," requiring schools to provide certain testing materials to parents or guardians. The SPEAKER. The Chair is about to take the master roll call for the day. Members will proceed to vote. The following roll call was recorded: AcOsta Afflerbach Angitsdt Argall Arty Baldwin Barber Barley Battiito Belfanti Birmelin Diet7 Dininni Distler Dambrowski Donatucci Dorr Duffy Durham Evans Fargo Fattah PRESENT-192 Lashinger Lescov~tr Letterman Levdansky Linton 1.iuengaod Lloyd I.ucyk McCall McClatchy McHale Ricger Robbins Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Semmel

2 LEGISLATIVE JOURNAL-HOUSE MARCH 18, Black Blaum Book Bortner Bowley Bowser Boyes Brand1 Broujas Bunt Burd Burns Bush Caltagirone Caooabianca cakison Carn Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cordisca Cornell Coslett Cowell coy Deluca DeVerter DeWeese Fee Fischer Flick Foster, Jr., Fox Freeman Freind Fryer Gallagher Gallen Gamble Gannon Geist George Gladeck Godshall Greenwood Gruppo Hagarty Haluska Harper Haiay Hayes Herman Hershey Honaman Hawlett Hutchinson ltkin Jackson Jaralin Johnson Jasephs Kasunic McVeriy Mackowski Maiale A. Manmiller Markosek Mayernik Merry Michlovic Micozzie Miller Moehlmann Morris Mowery Mrkonic Murohv ~ahjli ' Noye O'Brien O'Donneil Olaiz Oliver Perrel Petraica Petrone Phillips Piccola Picvsky Pistclla Pitti Pot1 Prersmann Preston Punt Raymond Daley Kennedy Rebcr Davies Kenney Reinard Irvis, Serafini Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W. Snyder, G. M. Stairs Stcighner Stcbens Sterart Stuban Sweet Swifr Taylor, F. E. Tayior, J. Telek Tigue Trcllo Truman Van Hornc Veon Vroon Wambach Wass Weston Wiggins Wilson Wagan Worniak Wright, D. R. Wright, J. L. Wright, R. C. Dawida Kasinski Richardson Speaker Deal Langlry ADDITIONS-7 Belardi Gruitza Laughlin Yandriseviti Cawley Kukovich Staback NOT VOTING-0 EXCUSED-2 Manderino Taylor, E. Z. LEAVES ADDED-4 Gallagher McCall Pit15 Sirianni LEAVES OF ABSENCE The SPEAKER. The Chair now turns to leaves of absence. The Chair recognizes the gentleman from Philadelphia, Mr. Pievsky. Mr. PIEVSKY. Thank you, Mr. Speaker. 1 ask leave of absence for the gentleman from Westmoreland, Mr. MANDERINO, for the week. The SPEAKER. Without objection, the leave will be granted. The Chair hears no objection. The Chair recognizes the minority whip. Mr. HAYES. Thank you, Mr. Speaker. I request a leave for the gentleman from Chester County, Mr. PITTS, for today's session. The SPEAKER. Without objection, the leave will be granted. The Chair hears no objection. BILLS REMOVED FROM TABLE The SPEAKER. The Chair recognizes the majority whip. Mr. O'DONNELL. Mr. Speaker, I move that the following bills be lifted from the tabled calendar and placed on the active calendar: HB 806; HB 1492; HB 1792; HB 2059; and HB Will the House agree to the motion? Motion was agreed to. MR. FRYER REQUESTED TO PRESIDE The SPEAKER. The Chair at this time requests that his good friend, the Speaker pro tempore, the gentleman from Boyertown, Mr. Fryer, preside temporarily over the House. THE SPEAKER PRO TEMPORE (LESTER K. FRYER) IN THE CHAIR The SPEAKER pro tempore. Thank you, Mr. Speaker. LEAVES OF ABSENCE The SPEAKER pro tempore. The Chair recognizes the minority whi~. Mr. HAYES. I wonder, Mr. Speaker, if you could return to leaves of absence? The SPEAKER pro tempore. Certainly, Mr. Hayes. Mr. HAYES. Thank you, Mr. S~eaker. I request a leave for the lady from Susquehanna County, Miss SIRIANNI, for today's session. The SPEAKER pro tempore. Without objection, the leave of absence is granted. The Chair hears no objection. UPPER PERKIOMEN HIGH SCHOOL BAND PRESENTED The SPEAKER pro tempore. The House of Representatives is most pleased to welcome a prize-winning band from Upper Perkiomen High School. The Upper Perkiomen School District is comprised of municipalities from Berks and Montgomery Counties. They recently returned from the All-American Peach Bowl Festival in Atlanta, Georgia, from where they were presented several prizes. The House is indeed pleased to welcome them here today. The members of the band are in the rear of the House. At this time the Chair would like to recognize the gentleman from Montgomery, Mr. Ray Bunt. Mr. BUNT. Thank you, Mr. Speaker, for this opportunity to present to the House of Representatives, and indeed the

3 1986 LEGISLATIVE JOURNAL-HOUSE 509 entire Commonwealth of Pennsylvania, the award-winning Upper Perkiomen High School Band. Under the leadership of Mr. Vincent Bercher, and the president of the band, Mr. David Hoffman, this 130-member organization won three medals - a gold, silver, and bronze - in three separate performances in the All-American Peach Bowl Festival. Competing with 17 other bands, Upper Perk won top prize in the parade event, a silver medal in the field-show performance, and a bronze in the concert band performance. It is particularly gratifying to know the students are able to compete against the national standards and receive the awards they did. The secret, Mr. Speaker, is dedicated leadership and hard, persistent work. Mr. Bercher must be congratulated. He not only in~till~ his students a love of music, but that love continues past high intend to call up for a vote the Governor's veto of HB 452 at school when you learn that at least elght alumni of this band the appro~riate time. have gone on to direct bands of their own. Thank you, Mr. Speaker. Again, thank you, Mr. Speaker and ladies and gentlemen of The SPEAKER. The Chair thanks the gentleman. the House of Representatives, for affording this fine band the opportunity to appear and perform before you today. MEMBERS' PRESENCE RECORDED 1 would like now to ask Mr. Bercher to please come to the nodi~nm I The SPEAKER. Mr. Belardi, Mr. Cawley, Mr. Kukovich, M~. nercher, I would like to present this,-itation from the Mr. Staback, and Mr. Yandrisevits - all their names will be House of Representatives: added to the master roll. Whereas, The Upper Perkiomen High School Band, under the direction of Vincent Bercher, received three medals in the All-American Peach Bowl Festival. The one hundred and thirty-member band, which includes rifle, majorette, flag and honor guard in addition to musicians, competed against seventeen other bands and won top honors in the parade event, a silver medal in the field-show performance and a bronze medal in the concert hand competition. Now therefore, The House of Reoresentatives of Mr. Fryer did not let you know, but part of the students are from his district. The school district goes across two counties, and Mr. Fryer has part of those students. We thank you very, very much. We understand why you are silver medalists; you certainly deserve it. Thank you for coming. ANNOUNCEMENT BY MR. PICCOLA Dauphin, Mr. Piccola. Mr. PICCOLA. 1 have received a copy of a memorandum voting schedule from the majority whip, and 1 would just like to inform the members of the House that in addition to that, I WELCOME The SPEAKER. Representative Tom Petrone has as his guests a nationally known memory teaching specialist, whose name I just forgot, and Marcy Peckich. Tom Duley is here. Mr. Duley, thank you for being here; and Marcy Peckich, thank you for being here. I think I ought to be their first client. Thank you for coming. Welcome to the hall of the stand& championship performance in the All-American Peach Bowl Festival; expresses great pride, admiration and respect for their accomplishments; wishes them continued succesc in the future. (A musical program was presented.) The SPEAKER pro tempore. Ladies and gentlemen of the House, the Upper Perkiomen High School Band. We thank them and appreciate their sharing their accomplishments with us. We hope they return many times to their State Capitol and that someday some of them may be privileged to be seated as Representatives of this body. Once again, the members of the House join in wishing you well in what we know will be your continued success. Thank you very much. The Chair returns the gavel to the Speaker. THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR The SPEAKER. Thank you very much, Mr. Fryer. REPORT OF COMMITTEE OF CONFERENCE PRESENTED Mr. SALOOM presented the Report of the Committee of Conference on SB 370, PN BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED HB 2180, PN 2982 By Rep. F. TAYLOR An Act amending the act of November 30, 1965 (P. L. 847, No. 356), known as the "Banking Code of 1965," providing for the conversion of associations into savings banks. BUSINESS AND COMMERCE AGRICULTURE AND RURAL AFFAIRS COMMITTEE MEETING Chester, Mr. Morris, for a committee announcement. Mr. MORRIS. Thank you, Mr. Speaker.

4 1 wish to announce a meeting of the Agriculture Committee in the rear of the House upon the recess. The SPEAKER. Fine. CONSERVATION COMMITTEE MEETING Clearfield, Mr. George. Do you wish to make a committee announcement? Mr. GEORGE. Mr. Speaker, 1 would like to call a meeting of the Committee on Conservation in room 401 at 10 a.m. tomorrow morning. The SPEAKER. The Chair thanks the gentleman CALENDAR BILLS ON SECOND CONSIDERATION The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for third consideration: LEGISLATIVE JOURNAL-HOUSE MARCH 18, Will the House agree to the bill on second consideration? BILL RECOMMITTED The SPEAKER. The Chair recognizes the majority whip Mr. O'DONNELL. MI. Speaker, I move that HB 1381 be recommitted for a fiscal note to the Committee on Appropriations. On thequestion, Will the House agree to the motion? Motion was agreed to. * * * The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for third consideration: HB 1557, PN 3048; HB 2200, PN 3049; HB 1732, PN 2427; HB 1735, PN 3094; HB 1714, PN 2184; and HB 998, PN HB 1880, PN 3095; HB 1958, PN 2638; and HB 256, PN I * * * The House proceeded to second consideration of HB 1637, PN 2089, entitled: An Act requiring the Department of Health to conduct tests of certain persons operating emissions testing machines. Will the House agree to the hill on second consideration? BILL RECOMMITTED The SPEAKER. The Chair recognizes the majority whip. O,~~NN~LL, sdeaker, 1 move that H~ 1637 he recommitted for a fiscal note to the Committee on Appropriations. Will the House agree to the motion? Motion was agreed to. * * * The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for third consideration: HB 2174, PN 2967; HB *n79, PN 2958; and HB I * * PN ~h~ H~~~~ oroceeded to second consideration of HB 1381, PN 1686, entitled: An Act amending the act of June 13, 1967 (P. L. 31, No. 21), known as the "Public Welfare Code," providing for the eligibility of State blind pension recipient$ for medical assistance. I The House proceeded to second consideration of HB 1365, PN 3040, entitled: A, AC~ amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, exempting recipients of the Congressional Medal of Honor from all title and registration fees. Will the House agree to the bill on second consideration? BILL RECOMMITTED The SPEAKER. The Chair recognizes the majority whip. Mr. O'DONNELL. Mr. Speaker, I move that HB 1365 be recommitted for a fiscal note to the Committee on Appropriations. Will the House agree to the motion? Motion was agreed to. * * * The House proceeded to second consideration of HB 1878, PN 3089, An ~ camending t the act of July 3, 1985 (P. L. 164, No. 45), known as the "Emergency Medical Services Act," further providing for the Emergency Medical Services Operating Fund and the Pennsylvania Trauma Systems Foundation; and making an appropriation. Will the House agree to the bill on second consideration? BILL RECOMMITTED The speaker. ~h~ chair recognizes the majority whip. Mr. O'DONNELL. Mr. Speaker, I move that HB 1878 he recommitted for a fiscal note to the Committee on Appropriations.

5 1986 LEGISLATIVE JOURNAL-HOUSE 511 Will the House agree to the motion? Motion was agreed to. * * * The House proceeded to second consideration of HB 2203, PN 3005, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for qualified person or persons. Will the House agree to the bill on second consideration? BILL RECOMMITTED The SPEAKER. The Chair recognizes the majority whip. Mr. O'DONNELL. Mr. Speaker, I move that HB 2203 be recommitted for a fiscal note to the Committee on Appropriations. Will the House agree to the motion? Motion was agreed to. The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for third consideration: HB 2211, PN 3015; and SB 336, PN 1945 MEMBER'S PRESENCE RECORDED The SPEAKER. Mr. Laughlin's name will be added to the master roll. BILLS ON THIRD CONSIDERATION The House proceeded to third consideration of HB 743, PN 2785, entitled: An Act amending the act of March 10, 1949 (P. L. 30, No. 14), known as the "Public School Code of 1949," further providing for payments on account of approved vocational extension classes and preemployment training; and making an editorial change. Will the House agree to the bill on third consideration? Mr. COWELL offered the following amendments No. A0958: Amend Sec. I (Sec. 2507), page 2, line 3, by striking out the bracket before "four" Amend Sec. I (Sec. 2507), page 2, lines 3 and 4, by striking out "1 twelve dollars ($12.00)" Amend Sec. I (Sec. 2507). page 2, lines 15 through 24, by striking out all of lines 15 through 23, "(C)" in line 24 and inserting /h\ \"I Amend BZ page 2, by inserting between lines 27 and 28 Section 2. The act is amended by adding a section to read: technical school. Amend Sec. 2, Dage 2, line 28, by striking out "2" and insert- ~ ~ ing 3 Amend Sec. 3, page 3, line 3, by striking out "3" and inserting 4 Will the House agree to the amendments? Allegheny, Mr. Cowell. Mr. COWELL. Thank you, Mr. Speaker. Mr. Speaker, there have been several amendments to this bill circulated. I am going to offer only two of them. They are the two which were just circulated this morning. The first one is amendment 958. This amendment would essentially correct a drafting error which occurred in the version of the bill which was amended in the Appropriations Committee. It is intended to make clear that the $12 reimbursement rate will be applicable to those new programs or those progra~ns which are spelled out elsewhere in the legislation and really reiterated in this amendment, A958. If we would no1 add this amendment, we would find that many existing vo-tech programs that did not qualify under this new definition would even lose the $4 reimbursement they are currently eligible for. So this amendment will maintain the $4 for at least all programs and increase the reimbursement to $12 for those programs identified in the legislation. I would urge concurrence in the amendment. The SPEAKER. The Chair recognizes the minority whip. Mr. HAYES. Thank you, Mr. Speaker. I do not believe the gentleman meant to say that the $12 would be applicable only Lo just new programs, which I

6 understood him to say, but rather those programs which are in fact approved, even though they may currently be programs of the Commonwealth eligible for this type of reimbursement. Is that correct, Mr. Speaker? Mr. COWELL. Mr. Speaker, in response to the gentleman's question, he is correct. I misspoke. The $12 reimbursement rate would be applicable to all existing as well as new programs which would meet the definition spelled out in section of the amendment. LEGISLATIVE JOURNAL-HOUSE MARCH 18, Gruitza Laughiin NOT VOTING-2 EXCUSED-4 Manderino Pitt~ Sirianni Taylor, E. 2. The question was determined in the affirmative, and the amendments were aereed to. Will the House agree. to the bill on third consideration as On the question recurring, amended? Will the House agree to the amendments? Mr. COWELL offered the following amendments No. The following roll call was recorded: I A1118: Amend Sec. 1 ISec. 2507). uaee 2. line 23. bv insertine after Acosta Deal Kukovich Rieger Afflerbach Dietr Langlry Robbins Angstadt Dininni Lashinger Roebuck Argall Distler Lescovitz Rudy Arty Dambrowski Letterman Ryan Baldwin Danatucci Levdansky Rybak Barber Dorr Lint on Saloom Barley Duffy Lirengood Saurman Batlisto Durham Lloyd Schcetr insertine ~ ~ Belardi Evans Lucyk Schuier $300,000 Belfanti Fareo McCall Semrnel Amend Sec oaee 3.. lines I and 2.. bv. strikine - out all of said Birrnelin ~algh McClalchy Scrafini Black Fcc McHalc Seventy schools to form coooerative aereements with existine institutions Blaum Fiicher McVcrry Showers as provided in section 25076) of the act of ~agh 10, 1949 Book Flick Mackawski Smith. B. Bortner Foster, Jr.. A.,Vaiale (P.L.30, No.14). known as the Public School Code of Smith, L. E Bowley Fox Manmiller Snyder, D. W. Bowser Freeman Markosek Snyder, G. M. Boyes Freind Mayernik Staback Will the House agree to the amendments? Brandt Frver, Merry Stairs Broujos Gallagher Michiovic The SPEAKER. On the amendment, the Chair recognizes Steighner Bunt Callen Micarzie Strrens the gentleman from Allegheny, Mr. Cowell. Burd Gamble Miller Stewart Mr. COWELL. Thank you, Mr. Speaker. Burns Cannon Machlmann Stuban Bush Ceist Morris Mr. Speaker, amendment 1118 reflects an agreement that Sweet Caltagirone George Mower" Swift has been arrived at between representatives of the community Cappabianca Gladeck Mrkonic Taylor, F. E. colleges and representatives of the vocational-technical Carlion Godshall Murphy Taylor, J. Carn Greenwad schools. Many of you may have received some correspon- Nahill Telek Cawley Cruppa Noye Tigue dence or phone calls prior to yesterday indicating concerns Cessar Hagarty O'Bricn Trello about other versions of amendments which had been pre- Chadwick Haluska O'Donnell Truman Cirnini Harper Olair Van Home pared. Those issues have now been resolved, and this amend- Civera Hasay Oliver Veon ment is supported by representatives of the community Clark Hayes Perzel Vraon colleges and representatives of the vo-tech schools. Clymer Hcrman Petrarca Wambach Cohen Hershey Petrone What this amendment does is make it clear that the intent Wass Colafella Hanaman Phillips \Veston of this legislature in passing HB 743 is to provide for an incen- Cole Howlett Piccola Wigginc tive for vocational-technical schools to offer programs that Cordisco Hutchinson Pievsky Wilson Cornell ttkin Pistella are job related, and again, which meet the definition spelled Wogan Coslett Jackson POtt Worniak out in the amendment which we just offered. It provides for a Cowell Jarolin Pressmann Wright, D. R. mechanism by which eligibility for the $12 reimbursement COY Johnson Preston Wright, J. L. Deluca Jorephs Pun1 Wright, R. C. rate, rather than the lesser $4 reimbursement rate, would be DeVerter Kasunic Raymond Yandiisevits executed. That responsibility for determining eligibility would DeWeese Kennedy Reber rest with the Secretary of Education, and basically what it Daley Kenney Reinard Irvis, Davies Kosinski Richardson says is that any new program, to be eligible for the $12 reim- Speaker Dawida bursement rate, would have to in fact fill a vacuum. It would have to meet a need. It would have to not duplicate an existing program already available at comparable cost to the students. I would urge that we adopt the amendment.

7 LEGISLATIVE JOURNAL-HOUSE The SPEAKER. The Chair recognizes the minority whip on the amendment. Mr. HAYES. Thank you, Mr. Speaker. Certainly this particular amendment is better than some of the other amendments that had been contemplated and, yes, circulated for our consideration. I would like to ask the gentleman a question, if I could, please, Mr. Speaker. The SPEAKER. Mr. Cowell indicates he will stand for interrogation. You are in order, and you may proceed. Mr. HAYES. Thank you, Mr. Speaker. I wonder if the gentleman, to the best of his ability, would make an effort at defining what is meant by "an otherwise reasonably accessible area." Mr. COWELL. Mr. Speaker, we specifically and deliberately chose not to try to define that so that we could give some latitude to the Secretary of Education in determining what is reasonably accessible to a student. It was agreed to by the parties who participated in these discussions or negotiations that we would no1 attempt to try to define that. Mr. HAYES. 1 thank thegentleman, Mr. Speaker. If I may offer a comment, sir? The SPEAKER. The gentleman is in order, and you may offer the comment. Mr. HAYES. Thank you, Mr. Speaker. Without going through the old amendment which had been circulated in great detail, that amendment would have made it necessary for persons interested in pursuing the type of education provided for in HB 743 to possibly leave their county and go to a neighboring county, providing that type of training was offered, say, at a community college in that neighboring county. If you look at the map of Pennsylvania, that certainly could be a very difficult encumbrance upon persons who want to pursue a particular type of vocational education. There would be a great amount of distance involved; hence, a great deal of inconvenience. I think that we should have some expression on the Legislative Journal that we are not inierested in making it possible for certain types of institutions to become the elite providers of certain training programs, even though it might require the traveling of great distances for the people who need that type of vocational training. This amendment should be understood as an institutionally neutral amendment. There is no effort being made whatsoever to give preference or partiality or special treatment to one type of training institution versus another, and on the basis of that good intent, Mr. Speaker, 1 would support the amendment. The SPEAKER. On the amendment, the Chair recognizes the gentleman from Allegheny, Mr. Cowell. Mr. COWELL. Mr. Speaker, simply to reaffirm what the gentleman has just said, I would note that the previous reference to community colleges, which did appear in prior drafts, has been deliberately excluded. So the reference is madc to another institution of any type within a reasonably accessible area. So it is institution neutral, and I believe that is why it is supported by the vocational-technical schools at this point. Thank you, Mr. Speaker. On the question recurring, Will the House agree to the amendments? The following roll call was recorded: YEAS-194 Acosta Dawida Kukovich Ricger Afflcrbach Deal Langtry Rubbins Angrtadt Dietr Lashinger Roebuck Argail Dininni I.aughlin Rudy Art) Distler Lescovitr Ryan Baldwin Dombrowiki 1,cttciman Rybak Barhei Donatucci Lcvdansky Salaom Barley Dorr Linton Ssurrnan Battisto 1)uffy Livcngaod Schceiz Belardi Durham I.ucyk Schuler Brlfanti Evans McCall Sernrnel Birrnetin Fargo McCiaichy Serafini Black Fee McHale Seventy Blaum Fischcr McVerry Showers Book Flick Mackowiki Smith, B. Borttier Foilcr, Jr., A. Maiale Smith, L. E. Bowley Fox Manmiller Snyder. D. W. Bowier I'rccman Markosrk Snyder, C. M. Boyer Freind Mayernik Staback Brandt Fryer Merry Stairs Broujos Gallagher Michlovic Stcighner Bun1 Callen Micolrie Stevens Burd Gainhle Miilcr Stcwan Burns Gannon Moehlrnann Stuban Bush Geist Morris Sueel Caltagirone George Mowery Swift Cappabianca Gladeck Mrkonic Taylor, F. E. Carlion Gadshall Murphy Taylor, J. Carn Crccnwood Nahill Telek Cawley Giuppo NO~C Tiguc Cesssr Hagarty O'Bricn Trello Chadwick Haluska O'Donnell Truman Ciinini Harper Olasz Van Horne Civera Hasay Oliver Veon Clark Haycs Perrcl Vroon Clyrncr Herman Petrarca Warnbach Cohcn Hershel Petrone Was Colafclla Honaman Phillips Wcilan Cole Howlett Piccola Wiggins Cordkco Hutchinson Piersky Wilson Cornell Irkin Piilelia Wagan Cohlrtt.lackwn Poll Warniak Cowcll Jaiolin Pressmann Wright, D. R. Coy Johnson Preston Wright, J. 1.. Ilehca Josephi Punt Wright, R. C. 1)eVerrer Kasunic Ru)rnond Yandriievits DeWeerc Kenned) Reber 1)aley Kenney Reinard lrvis, Ilavies Kosiniki Richardson Speaker NAYS-1 Lloyd Fatiah Cruitra NOT VOTING-2 EXCUSED-4 hlanderino Pills Sirianni Taylor, E. Z. The question was determined in the affirmative, and the amendments were agreed to. On the question recurring, Will the House agree to the bill on third consideration as amended?

8 ~~~ ~~ ~~ LEGISLATIVE JOURNAL-HOUSE MARCH 18, Bill as amended was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. YEAS-192 Acosta Deal Kukovich Afllerbach Dietz Langtry Angstadt Dininni Lashinger Argall Distler Laughlin Arty Dambrowski Lescovitz Baldwin Donaiucci Letterman Barber Darr Levdansky Barley Duffy Linton Battisto Durham Livengood Belardi Evans Lloyd Belfanti Fargo Lucyk Birmelin Fattah MeCall Black Fee McClatchy Blaum Fischer McHale Book Flick McVerry Bartner Foster, Jr., A. Mackowski Bowley Fox Maiale Bowser Freeman Manmiller Boyes Freind Markosek Brandt Fryer Mayernik Broujos Gallagher Merry Bunt Gallen Michlovic Burd Gamble Micozzic Burns Cannon Miller Bush Geist Maehlmann Caltagirane George Morris Cappabianca Gladeck Mowers Carlson Gadshall Mrkanic Carn Greenwood Murphy Cawley Gruppo Nahilt Cessar Hagarty Noye Chadwick Haluska O'Brien Cimini Harper O'Dannell Civera Hasay Olasz Clark Hayes Oliver Cohen Herman Perzel Colafella Hershey Petrarca Cole Hanaman Petrane Cordisco Howlett Phiilips Cornell Hutchinson Pievsky Coslett ltkin Pistella Cowell Jackson Pott COY Jar olio Pressman" Deluca Johnson Preston DeVerter Josephs Punt DeWeese Kasunic Raymond Daley Kennedy Reber Davies Kenney Reinard Dawida Kasinski NAYS-0 NOT VOTING-5 Richardson Rieger Rabbins Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Semmel Serafini Seventy Showers Smith, B. Smith, L. E. Snyder, D. W. Snyder, G. M. Staback Stairs Steighner Stevens Stew,an Stuban Sweet Swift Taylor, F. E. Taylor, J. Telek Tigue Trello Truman Van Horne Veon Vroon Wambach Wass Westan Wilson Wogan Wozniak Wright, D. R. Wright. R. C. Yandrisevits Irvis, Speaker Clymer Piccola Wiggins Wright. J. L. Gruitza EXCUSED-4 Manderina Pitts Sirianni Taylor, E. Z. The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passes finally. Ordered, That the clerk present the same to the Senate for MUSCULAR DYSTROPHY POSTER CHILD PRESENTED The SPEAKER. We have a very, very special guest here today. We have a very famous guest here today. He is Christopher Pittman, and he is here with his family. Christopher, at his early age, has twice been a poster child. We ask you to welcome Christopher, who is here in the well of the House. Welcome to the hall of the House, Christopher. 1 can tell you, at his age Christopher is already a politician. He is scheduled to visit with the Governor but he first came to the House of Representatives, and that is the smart political thing to do. We thank his family for allowing us to salute Christopher. Thank you so much for bringing him here. The Chair recognizes the gentleman from Northampton, Mr. Gruppo. Mr. GRUPPO. Mr. Speaker and members of the House, I would just like to take a second of your time to present and honor Christopher with a House citation. He is getting to be an old-timer at this - this is the second year Chris and his family have been here before this chamber. It is a great honor. This citation is not simply to honor him for being named the State Poster Child for a second year, because he can do that hands down with no problem. But I think this citation, at least to me, represents the great example that Chris can give to others, to other children especially, who are afflicted with this disease, to give example not only to the children but to people all over Pennsylvania of how to overcome this type of adversity. Christopher has shown a great deal of courage in his life and has been an accomplished artist. 1 think later today he will be presenting the Governor with a piece of art. Is that right, Christopher? Yes. He does very well as an artist. 1 just want to thank Chris and his family for taking time to come here, and we are very honored to have Christopher as the State Poster Child again. Thank you. (A citation was presented.) The SPEAKER. Christopher has promised not to make a speech. I think he knows that we hear enough speeches, but we do not see that sort of courage which that little boy has in that frame of his often enough. Yesterday we saw one type of courage, and today we have seen another. It ought to encnurage all of us. REMARKS ON VOTES Bucks, Mr. Wright. Mr. J. L. WRIGHT. Thank you, Mr. Speaker. When the vote was taken on HB 743, my seatmate, Representative Paul Clymer, and 1 were heavily involved in a philosophical and educative discussion and missed voting on the bill. Can the record show that if we had been paying attention, we would have voted in the affirmative?

9 1986 LEGISLATIVE JOURNAL-HOUSE 515 The SPEAKER. The record will show that you would have voted in the affirmative, but the record will not show how educative and philosophical was that discussion, though the Chair encourages such discussion on the floor of the House and has for at least a quarter of a century. ANNOUNCEMENT BY MR. BIRMELIN Wayne, Mr. Birmelin. Mr. Birmelin, are you up for a correction of the record? Mr. BIRMELIN. No, Mr. Speaker. The SPEAKER. Why do you rise? Mr. BIRMELIN. Mr. Speaker, I am introducing a resolution today that will be honoring the merchant marine who served during World War 11, and I will leave that resolution with the clerk this morning. If anyone would like to join me in cosponsoring that, I would appreciate it. Thank you. WELCOMES The SPEAKER. The Chair welcomes Craig Hofmann and Charles Latus from Pittsburgh. They are guests of Representative GeorgePott. Welcome to the hall of the House. The Berks County delegation has as its guests the acting president of Reading Area Community College, Gust Zogos, and the director, Rene Dietrich. Welcome to the hall of the House. INSURANCE COMMITTEE MEETING Northampton, Mr. Rybak. Why do you rise, sir? Mr. RYBAK. Mr. Speaker, I would like to call an Insurance Committee meeting to the rear of the hall for just a minute or two. The SPEAKER. The House will stand at ease. An Insurance Committee meeting at the rear of the hall of the House immediately. The House will stand at ease. MEMBER'S PRESENCE RECORDED The SPEAKER. The gentleman, Mr. Gruitza's name will he added to the master roll. BILLS ON THIRD CONSIDERATION CONTINUED The House proceeded to third consideration of HB 2023, PN 2758, entitled: An Act amending the act of June 18, 1984 (P. L. 384, No. El), known as the "Amusement Ride Inspection Act," further providing for the minimum amount of insurance. Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? On final passage, the Chair recognizes the gentleman from Clarion, Mr. Wright. Mr. D. R. WRIGHT. Thank you, Mr. Speaker. Mr. Noye and I have agreed that we will run this hill despite the fact that the Republican Caucus has not caucused on it, due to a slight misunderstanding, and I have been asked to just say a word or two about what HB 2023 does. When we passed the Amusement Ride Inspection Act in June of 1984, we created a provision in that bill which would require an aggregate of $1 million in liability insurance. This has turned out to be a very serious problem, particularly for small amusement ride operators, and specifically in my own legislative district and adjoining districts in the Cook Forest State Park area. I have met several times with those amusement ride operators and with the insurance carriers in that area, and they have agreed that it would be beneficial to them to reduce the aggregate amount from $1 million to $500,000. That is essentially all that HB 2023 does, and 1 would ask for approval of this piece of legislation. The SPEAKER. On final passage, the Chair recognizes the gentleman from Indiana, Mr. Wass. Mr. WASS. Thank you, Mr. Speaker. May 1 interrogate the maker of the bill? The SPEAKER. Mr. Wright indicates he will stand for interrogation. You are in order, and you may proceed, Mr. Wass. Mr. WASS. Mr. Speaker, can you tell me the savings to the company on the reduced amount of liability insurance? What would that cost be? Would you have any idea, a suggested amount? Mr. D. R. WRIGHT. You are asking me how much the insurance company would save? Mr. WASS. Yes. Mr. D. R. WRIGHT. I have no idea how much the insurance company would save. Mr. WASS. Excuse me; the amusement company. How much would they save in premiums reducing it to that amount? Mr. D. R. WRIGHT. Mr. Speaker, there are two issues involved here. One is the availability of insurance; the other is the cost of insurance. The problem which these small operators have incurred is that there is no available insurance at $1 million that they can afford. I cannot tell you specifically how much the reduction in premium would be, but those operators who have been talking with insurance carriers tell me that it would be available and it would be at a price they could afford. While I am not an expert in this area, Mr. Speaker, I am relying upon the people who are pursuing this particular legislation in that regard, and they tell me that this would be satisfactory for their needs. Mr. WASS. Mr. Speaker, if I may, does the legislation speak to sizes? Are there different sizes of amusement compa-

10 516 LEGISLATIVE JOURNAL-HOUSE MARCH 18, nies involved in the legislation, or is there one blanket coverage? Mr. D. R. WRIGHT. It is one blanket coverage, but the large amusement parks do not have the same problem as what we commonly describe in this chamber as "mom and pop" operations that may have one or two small rides. They simply do not generate the kind of revenue that would make it possible for them, for example, to pay $20,000-a-year premiums. Some of the larger amusement parks do generate that kind of revenue, and it is not that kind of problem for them. Mr. WASS. Mr. Speaker, are you telling me then that even though they can generate that type of liability insurance, they do not have to under this legislation? Mr. D. R. WRIGHT. They do not have to, but it just simply would not strike me as prudent, for example, for a Hersheypark to have only $500,000 aggregate liability. It seems to me that it would just simply not be in their best interest to have the minimum liability insurance, and in fact, they have insurance in excess of what the present law requires. Mr. WASS. Thank you very much. May 1 speak on this? The SPEAKER. On final passage, the gentleman is in order, and he may proceed. Mr. WASS. Thank you, Mr. Speaker. Mr. Speaker, I do have a concern about the cost of liability insurance, but I am also concerned about the general public who participates in the amusements that are out in this State of Pennsylvania. So it kind of troubles me a little bit that the larger amusement companies will fall heir to this particular reduction in liability insurance and it gives me some concern. The SPEAKER. On final passage, the Chair recognizes the lady from Lancaster, Mrs. Honaman. Mrs. HONAMAN. Thank you, Mr. Speaker. Had I known this was coming up, I would have prepared my remarks for the record, but 1 will make a brief comment. When we passed that bill-i am sure Representative Wright remembers-which became Act 81, we stated that under the Amusement Ride Inspection Act, insurance is to be in an amount of not less than $300,000 per occurrence or, 0-r, or $1 million in the aggregate. The Agriculture Department made an editorial change and determined that the legislative intent was to be "and" and not "or." It is my opinion, Mr. Speaker, that no department has the right to make a substantive change in any bill. There is a vast difference between $300,000 or $1 million and $300,000 and $1 million. It is my opinion that legally we could fight this and return to the original bill. However, Representative Wright in his wisdom realizes that the simplest way is to amend it, and on behalf of those small amusement riders who look to that for their living at churches and festivals, the time is coming UP. I thoroughly support this and ask for a "yes" vote. Thank you, Mr. Speaker. The SPEAKER. On final passage, the Chair recognizes the gentleman from Centre, Mr. Letterman. Mr. LETTERMAN. Thank you, Mr. Speaker. Mr. Speaker, one of the main concerns, I think, of a lot of us on this House floor is in reducing the amount of liability that small amusement companies would have to carry, because they do equip our fire companies with an ability to earn money at their carnivals and festivals. Without this reduction, they will no longer beable to have those ridesat the festivals and carnivals in our State. 1 think all of us are aware of the importance of volunteer fire companies and their ability to raise their own funds. 1 would ask for an affirmative vote. Thank you. Jefferson, Mr. Smith. Mr. L. E. SMITH. Mr. Speaker, 1 just want to say that I have an operator in my area that is adjacent to Representative Wright's area. They feel this is the only way they can stay in business, and 1 urgea "yes"vote. On the question recurring, Shall the bill pass finally? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. :z~ YEAS-193 A~osta Deal Kukavich Rieger Angstadt Dietr Langtry Robbins Argall Dininni Lashinger Roebuck Any Distler Laughlin Rudy ~~ld~i,, Dombrowiki Lexovitr Ryan Barber Donatucci Letterman Rybak Dorr Levdansky Salaom & ~ ~ ~ o Dllrry 1.intan Saurman ~,l,,di Durham L.ivengood Schectz BeIranti Evans Lloyd Schuler Birmelin Fargo Lucyk Semmel Black Fattah McCall Serafini Rlaum Fee McClatchy Seventy Book Fiicher McHale Showers Flick McVerry Smith, B. Foster, Jr., A. Mackowiki Smith, L. E. B~~~~~ FOX Maiaic Snyder, D. W. Boyes Freind Manmiller Snyder, G. M. Fryer Markosek Stab&ck Gallagher Mayernik Stairs B,,,,, Gallen Merry Steighner Burd Gamble Michlovic Stevens i;'';' Cannon Micorrie Stewart Ceist Miller Stuban Caltagirane George Moehlmann Swcct Cappabianca Gladeck Morris Swift Godshall Moxery Taylor, F. 5. :zyr Greenwood Mrkonic Taylor. J. cawley ciruitza Murphy Telek cessar Gruppo Nahill Tigue Hagarty Noye Trello ~ ~ ~ Haluska ~ ~ O'Hrien c k Truman ci,,,, Harper O'Dannell Van Horne Clark Hasay Olasz Veon Hayes Oiiver Vroon z:ey Herman Perzel Wambach Colafella Hershey Petrarca Wass Cole Honaman Petrone Weston Cordisco Howlett Phillips Wiggins Cornell Hurchinson Piccola Wilson C O S I ~ ~ ~ ltkin Picviky Wagan Cowell Jackson Pistella Wozniak Coy Jarolin Pott Wright, D. R. Deluca Johnson Preston Wright, J. L. DeVerter Joiephs Punt Wright. R. C. DeWeese Kasunic Raymond

11 1986 LEGISLATIVE JOURNAL-HOUSE 517 Daley Kennedy Reber Irvis, Daviei Kenney Reinard Speaker Dawida Kosinski Richardson NAYS-4 Afflerbach Freeman Pressman" Yandrisevitr NOT VOTING-0 Manderino Pitts Sirianni Taylor, E. Z The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passes finally. Ordered, That the clerk present the same to the Senate for concurrence. BILLS ON CONCURRENCE IN SENATE AMENDMENTS The clerk of the Senate, being introduced, returned the following HB 307, PN 3034, with information that the Senate has passed the same with amendment in which the concurrence of the House of Representatives is requested: An Act im~osing. a moratorium on the operation of private prisons and creating a legislative task force to conduct an investigation of the feasibility of private prisons. Will the House concur in Senate amendments? The SPEAKER. Under the rules of the House, the House may not amend an amendment. RULES SUSPENDED The SPEAKER. Mr. David Wright rises to make a motion to suspend the rules. The Chair recognizes the gentleman from Clarion, Mr. Wright. Mr. D. R. WRIGHT. Mr. Speaker, I do move to suspend the rules in order that we might offer and hopefully adopt an amendment-l cannot see the number on my amendment, but you have it-which is before you, Mr. Speaker. Will the House agree to the motion? Dauphin, Mr. Piccola. Do you wish to speak on suspension, Mr. Piccola? Mr. PICCOLA. Only that I would agree with the gentleman and urge a "yes" vote, Mr. Speaker. On the question recurring, Will the House agree to the motion? The following roll call was recorded: Acosta Deal Langrry Robbins Afflerbach Dietz Laihinger Roebuck Angstadt Dininni Lescovitz Rudy Argall Distler Letterman Ryan Arty Dombrowski Levdansky Rybak Baldwin Barber llarley Battistu Belardi Belfanti Hirmelin Black Rlaum Book Hortner Bowley Rowsei Royes Brandt Broujoi Bun1 Burd Burns Bush Caltagiione Cappabianca Carlson Csrn Cawley Cessar Chadwick Cimini Civcra Clark Clymer Cohen Coiafclia Coie Cordisco Dorr Duff,. Durham Evans Fargo Fee Fiacher Flick Fox Freeman Freind Frver Gallagher Gallen Gamble Gannon Geist George Gladeck Godshall Greenwood Gruitra Gruppo Hagarty Halurka Harper Haiay Hayes Herman Hershey Honaman Howlctt Hurchinson ltkin Jackson Lloyd Lucyk McCall McClatchy McHale McVerry Mackowski Maiale Manmiller Markasek Mayernik Merry Michlovic Miiler Moehlmann Morris Mowery Mrkonic Murphy Nahill Noye O'Brien O'Donnell Olasz Oliver Percei Petrarca Petrone Phillips Piccola Pievsky Pistella Pott Salaom Saurman Scheetr Schuler Semmcl Serafini Seventy Showers Smith, B. Smith, I-. E. Snyder, D. W. Snyder, G. M. Staback Stairs Sleighner Stevens Stewart Stuban Sweet Swift Taylor, F. E. Taylor, J. Telek Tigue Trello Truman Van Harne Veon Vraon Wambach Wass Weston Wiggins Wilson Woran Cornell Jarolin Pressmann ~oiniak Coslett Johnson Preston Wright, D. R. Cawell losephs Punt Wright, J. L. Cay Kasunic Raymond Wright, R. C. Dcluca Kennedy Rcber Yandriseviti DeWeese Kenney Reinard IDaley Koiinski Richardson Irvis, Davici Kukovich Rieger Speaker Dawida NAYS-3 DeVerter Donarucci Fo~lcr, lr., A. NOT VOTING-3 Fattah Laughlin Micorzie EXCUSED-4 Manderino Pitts Sirianni Taylo~, E. Z. 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. On the question recurring, Will the House concur in Senate amendments? Mr. D. R. WRIGHT offered the following amendments No. A1148: Amend Sec. 2, page 6, line 13, by striking sut "AN" and inserting A for-profit Amend Sec. 4, page 16, line 19, by striking out "CHAIR- MAN" and inserting co-chairman Amend Sec. 4, page 16, line 24, by striking out "VICE CHAIRMAN" and inserting co-chairman

12 ~ LEGISLATIVE JOURNAL-HOUSE MARCH 18, Amend Sec. 5. Daee 17. line 13.. bv. insertine - before 1 the market will bear. I firmlv believe that we should eo in the "NOTHING" direction of a comprehensive regulation scheme of private (a) General rule.- correctional facilities, and I believe that such facilities, prop- Amend Sec. 5, page 17, by inserting between lines 15 and 16 (b) Restrictions.-Incarceration in a private correctional erly regulated and properly maintained, will help to solve facility shall be limited to the following: some, not all, but some, of our particularly county over- (I) Inmates sentenced for summary offences or offenses Pursuant to 75 Pa.C.S (relating to driving under Influence of alcohol or controlled substance). (2) Prison inmates that are not Federal. (3) Prison inmates that are not from a state other than Pennsvlvania. Will the House agree to the amendments? The SPEAKER. On the amendment, the Chair recognizes the gentleman from Clarion, Mr. Wright. Mr. D. R. WRIGHT. Mr. Speaker, in February of and some other members of this House introduced a bill which would have prohibited the operation of private facilities for a period of time while we might undergo some inquiry into two issues - the first being whether or not it was appropriate for the Commonwealth of Pennsylvania to sanction the operation of private prisons, and if the answer to that question was in the affirmative, then what kinds of regulations would be appropriate for the operation of those facilities. In recent days that issue has become critical, if not a crisis, almost critical, with regard to the operation of a facility in my legislative district. The Senate, as you may know, sent back to us HB 307 with amendment and they grandfathered in that particular facility, but 1 am proposing, with the cooperation of the Governor's Office and with Republicans and others in the Senate and with House Republicans, I might add, an amendment which really does two or three things. First of all, it eliminates the problem which we have dealt with from time to time with regard to halfway houses, because we exclude those for-profit institutions in this amendment and that solves that problem. The Senate sent us a bill which created a task force, and in that particular bill they made the chairman of that a Senator and the vice chairman a House member. This amendment would make those officers cochairmen rather than chairman and vice chairman. In addition, the bill makes certain restrictions. Essentially, it says that those prisons that were in operation in 1985 can continue, but they can only take prisoners who have been convicted of summary offenses or those who are there for DWI (driving while intoxicated) offenses. In addition, those existing prisons will not be able to take Federal prisoners, and they will not be able to take prisoners from out of State. That, essentially, is what this amendment does, and I would urge the adoption of the amendment. The SPEAKER. On the amendment, the Chair recognizes thegentleman from Dauphin, Mr. Piccola. Mr. PICCOLA. Thank you, Mr. Speaker. I reluctantly support the gentleman's amendment. I have been an advocate for almost a year now of the concept of privatization of correctional institutions to whatever extent,~~~~ - crowding problems. However, 1 do not believe that the House or the Senate at this time are ready to take that position, or if they are, they are not in a position to agree on the content of that regulation. Therefore, I support the gentleman's amend- ment reluctantly, and 1 also support the changes that the Senate made in HB 307. One improvement that the Senate did make in the concept of the bill was to make the study commission a ioint legislative commission, rather than one to be conducted by an agency outside of the legislature. I think this is a definite improvement in the bill, because for the next year in which this study is to take place, it will be members of the General Assembly who will be intimately involved in that study and not some outside agency. For those reasons, Mr. Speaker, 1 would urge a "yes" vote on the amendment. Thank you. The SPEAKER. The Chair thanks the gentleman. On the question recurring, Will the House agree to the amendments? The following roll call was recorded: YEAS-192 Acosta Dawida Langtry Robbins Afflerbach Deal Laihinger Roebuck Angstadt Dietz Laughlin Rudy Argall Dininni Lcscavitr Ryan Arty Distler Letterman Rybak Baldwin Dombrowski Levdansky Saloom Barber Donatucci Linton Saurman Barley Dorr Livengoad Scheetr Ballisto Duffy Lloyd Schuler Belardi Durham Lucyk Semmel Bellanti Evans McCall Serafini Birmelin Fee McClatchy Seventy Black Fischer McHale Showers Blaurn Flick McV~rry Smith, B. Book Fox Mackowski Smith. L. E Bortner Bowley Bowser Boyes Brandt Broujos Bunt Burd Burns Bush Caltagirone Cappabianca Carlson Carn Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Freeman Freind Fryer Gallagher Gallen Gamble Cannon Geist George Gladeck Codshall Greenwood Gruitza Gruppo Hagarty Haluska Harper Hasay Haycs Herman Hershey Honaman Howlell Maiale Manmiller Markosek Mayernik Merry Michlovic Micozrie Miller Morris Mowery Mrkonic Murphy Nahill Noye O'Brien Olasz Oliver Perzel Petrarca Petrane Phillips Piccala Piersky. ~nyde;, D. W. Snyder, G. M. Staback Stairs Steighnrr Stevens Stewart Stuban Sweet Swift Taylor, F. E. Taylor, J. Trlek Tigue Trello Truman Van Horne Vean Vroan Wambach Wass Weston Wiggins Cole Hutchinson Pistella Wilson Cordisco ltkin Pott Wogan

13 1986 LEGISLATIVE JOURNAL-HOUSE 519 Cornell Jackson Pressman" Worniak Coslett Jarolin Preston Wright, D. R. Cowell Johnson Punt Wright. J. L. COY Josephs Raymond Wright, R. C. Deluca Kasunic Reber Yandrisevits DeVerter Kennedy Reinaid DeWeese Kenney Richardson Irvis, Daley Kosinski Rieger Speaker Davies Kukovich NAYS-3 Farga Foster, Jr., A. Moehimann NOT VOTING-2 Fattah O'Donnell EXCUSED-4 Manderino Pitts Sirianni Taylor, E. 2. The question was determined in the affirmative, and the amendments were agreed to. Will the House concur in Senate amendments as amended? The SPEAKER. Moved by the gentleman, Mr. Wright, that the House do concur in the amendments inserted by the Senate as amended to HB 307, PN On the question recurring, Will the House concur in Senate amendments as amended? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. YEAS-192 Acosta Dawida Kukovich Rieger Afflerbach Deal Langtry Robbins Angstadt Dietz Lashinger Roebuck Argall Dininni Laughlin Rudy Any Distier Lescoritr Ryan Baldwin Dombrowski Letterman Rybak Barber Donatucci Levdansky Saloom Barley Dorr Lint an Saurman Battisto Duffy Livengood Scheetr Belardi Durham I.loyd Schuler Beltanti Evans Lucyk Semmel Firmelin Fattah McCail Serafini Black Fee McClatchy Seventy Blaum Fischer McHale Showers Book Flick McVerry Smith, B. Bartner Fox Mackowski Smith, L. E. Bowley Freeman Maiale Snyder. D. W. Bowser Freind Manmiller Snyder, G. M. Boyes Fryer Markasek Staback Brandt Gallaghcr Mayernik Stairs Braujos Gallen Merry Steighner Bunt Gamble Michiovic Stevens Burd Gannan Micozrie Stewart Burns Geist Miller Stuban Bush George Morris Sweet Caltagirone Gladeck Mowery Swift Cappabianca Godshall Mrkanic Taylor, F. E. Carlson Greenwood Murphy Taylor, J. Carn Gruitra Nahill Telek Cawley Cessar Chadwick Cimini Civera Clark Clymer Cahen Calafella Cole Gruppo Hagarty Haluska Harper Hasay Hayes Herman Hershey Hanaman Howlett O'Brien O'Donnell Olasz Oliver Perzel Petrarca Petrone Phillips Piccola Pieviky Tigue Trello Truman Van Horne Veon Wambach Wars Westan Wiggins Wilson Cordisco Hutchinson Pistella Wogan Corneli ltkin Pott Wozniak Coslett Jackson Pressmann Wright, D. R. Coweil Jarolin Preston Wright, J. L. Coy Johnion Punt Wright, R. C. Deluca Josephs Raymond Yandrisevits DeVerter Kasunic Reber DeWeere Kennedy Reinard Irvis, Daley Kenney Richardson Speaker 1)avier Kosinski NAYS-5 Fargo Moehimann Noye Vraon Foiter, Jr., A. NOT VOTING-0 EXCUSED-4 Manderino Pitts Sirianni Taylor, E. Z. The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the amendments as amended were concurred in. Ordered, That the clerk return the same to the Senate for concurrence. * * * The clerk of the Senate, being introduced, returned the following HB 441, PN 3025, with information that the Senate has passed the same with amendment in which the concurrence of the House of Representatives is requested: An Act amending the act of May 22, 1933 (P. L. 853, No. 159, known as "The General County Assessment Law," further providing for the exemption from taxation of fire and rescue station property. Will the House concur in Senate amendments? The SPEAKER. On that question, the Chair recognizes the gentleman from Westmoreland, Mr. Petrarca. Mr. PETRARCA. Thank you, Mr. Speaker. On the Senate amendments, we agree to the first one. The only one we had problems with-and 1 discussed it with the minority leader, Matt Ryan-was they changed the calendar year 1985 to We found that this would not bother the bill at all because the tax bills are already out for the year So we agree to both amendments. The SPEAKER. Moved by the gentleman, Mr. Petrarca, that the House do concur in the amendments inserted by the Senate to HB 441. On the qucstion recurring, Will the House concur in Senate amendments? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. Acosta Afflerbach Angstad! Argall Arty Baldirin Barber Barley Battist0 Davies Dawida Deal Dietz Dininni Distler Dombrowski Donatucci Dorr YEAS-181 Kasunic Kennedy Kenncy Kosinski 1.angtry Lashinger Laughlin Lescovitr Letterman Reinard Rieger Robbins Roebuck Rudy Ryan Rybak Saloom Saurman

14 LEGISLATIVE JOURNAL-HOUSE MARCH 18, Belardi Belfanti Birmelin Black Blaum Book Bortner Bowley Bowser Bayes Brandt Broujos Bunt Burd Burns Bush Caltagirone Cappabianca Carlson Carn Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cardisco Cornell Coslett Cowell coy Dcluca DeWeese Dalev Duffy Levdansky Schulei Durham Livengood Semmel Fargo Lloyd Serafini Fattah Lucyk Seventy Fee McClatchy ~hawe;r Fischer McHale Srnilh, B. Flick Mackawski Smith. L. E, Foster, Jr., Fax Freeman Freind Fryer Gallagher Gallen Gamble Gannon Geist George Gladeck Godshall Gruitra Gruppo Hagarty Haluska Harper Hasay Hayes Herman Hershev Honaman Howlett Hutchinson ltkin Jackson Jaralin Johnson Joseohs A. Maiale Manmiller Markosek Mayernik Mercy Michlovic Micozzic Miller Morris Mowery Mrbonic Murphy Nahill Noye O'Brien O'Donnell Olair Oliver Perrel Petraica Petrone Phillips Piccola Pievsky Pot: Pressmann Preston Punt Raymond Reber NAYS-0 NOT VOTING-16 ~nydc;, D. W. Snyder, G. M. Stairs Steighner Srevenc Stewart Stuban Swift Tavlor. F. E... Taylor, J. Telek Tigue Trello Truman Van Harne Veon Vroan Wambach Wass Weston Wogan Wazniak Wright, D. R. Wright. J. 1. Wright, R. C. Yandrisevitr Irbii, Speaker Cole Kukovich Moehlmann Staback DeVerter Linton Pistella Swcet Evans McCall Richardson Wiggins Greenwoad McVerry Scheetr Wilson EXCUSED-4 Manderino Pitts Sirianni Taylor, E. Z The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the amendments were concurred in. Ordered, That the clerk inform the Senate accordingly. The clerk of the Senate, being introduced, returned the following HB 563, PN 3026, with information that the Senate has passed the same with amendment in which the concurrence of the House of Representatives is reqcested: An Act amending the act of May 21, 1943 (P. L. 571, No. 254), known as "The Fourth to Eighth Class County Assessment Law," exempting all property owned by nonprofit fire companies, ambulance companies and rescue squads. Will the House concur in Senate amendments? Westmoreland, Mr. Petrarca, who moves that the House do concur in amendments inserted by the Senate to HB 563. On the question recurring, Will the House concur in Senate amendments? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken, Acosta Afflcrbach Angsladt Argall Arty Baldwin Barber Barley Battisto Belardi Belfanti Birmelin Black Blaum Book Bortner Bowley Bawsrr Boyes Brandt Broujas Bunr Burd Burns Bush Caitagirone Cappabianca Carlson Carn Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafclla Cole 1 Cordisco ' Cornell Coslett Coweil COY Deluca DeVerter DeWeese Daley Davits Dawida Deal Dietz Dininni Dirtler Dombrowski Donatucci Dorr Dufl'y Durham Evans Fargo Fattah Fce Fischer Flick Fosler, Jr., A. Fox Freeman Freind Fryer Gallagher Gallen Gamble Gannon Geist George Fladeck Godshall Greenwood Gruitra Grunna ~ab;ty Haluska Harper Hasay Hayes Herman Hershey Honaman Howlel: Hutchinson ltkin Jackson Jarolin Johnson Josephs Karunic Kennedy Kenney Kosinski YEAS-197 Kukavich Langtry Lashinger Laughlin Leicovitr Letterman Lcvdansky Linton Livengood Lloyd I.ucyk McCall McClstchy McHale McVrrry Mackowski Maialc Manmiller Markosek Maycrnik Merry Michlovic Micorzic Miller Moehlmann Morris Mmwy Mrkonic Murphy Nahill Nove 0'~rien O'Donnell Olasz Oliver Per~cl Pftrarca Petronc Phiilios ~iccaia Pievsky Piitelia pot1 Pressmann Prcston Punt Raymond Reber Reinard Richardson NAYS-0 NOT VOTING-0 Riegcr Robbins Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Semmel Scrafini Seventy Showers Smith, B. Smith, L. E. Snyder, D. W. Stairs Steighner Stevcns Stewart Stuban Sweet Swift Taylor, F. E. Taylor, I. Tclck Tigue Trello Truman Van Horne Vcon Vroan Wambach Wass Weiton Wieeins wiln Wogan Wozniak Wright, D. R. Wright. J. L. Wright, R. C. Yandrisevits Irvis, Speaker EXCUSED-4 I Manderino Pills Sirianni Taylor. E. 2, The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the amendments were concurred in. Ordered, That the clerk inform thc Senate accordingly.

15 LEGISLATIVE JOURNAL-HOUSE RESOLUTION ON CONCURRENCE IN SENATE AMENDMENTS The clerk of the Senate, being introduced, returned the following HR 181, PN 2959, with information that the Senate has passed the same with amendment in which the concurrence of the House of Representatives is requested: certain remedies. Will the House concur in Senate amendments? Montgomery, Mr. Saurman, who moves that the House do concur in the Senate amendments to HR 181. On the question recurring, Will the House concur in Senate amendments? The following roll call was recorded: YEAS-196 Acosra Deal Kukovich Richardion Afflerbach Dietr Langtry Rieger Angstadt Dininni Lanhinger Robbins Argall Distler Laughlin Roebuck Arty Dambrowski Lescovilr Rudy Baldwin Danarucci Lerrerman Ryan Barber Darr Lerdansky Rybak Barley Duffy Linton Saloom Battista Durham Livengoad Saurman Belardi Evans Lloyd Scheerr Belfanti Fargo Lucyk Schuler Birmelin Fattah McCall Semmel Black Fee McClatchy Srrafini Blaum Fiicher McHale Sevenry Book Flick McVerrv Showers Bortner Foster, Jr., A. Mackowski Smith, B. Bowley Fox Maiale Smirh, L. E. Bowser Freeman Manmiller Snyder, D. W. Boyes Freind Markvsek Snyder, G. M. Brandt Fryer Mayernik Stairs Brouios Gallaeher Merrv Steiehner ~un< Bud Burns Bush Caltagirone Cappabianca Carlson Carn Cawley Cessar Chadwick Cimini Civcra Clark Clymer Cahen Colafella Cole Cordisco Coinell Coslett Cowell COY Deiuca DeVerter DeWeese Dalcy Davies alle en Gamble Cannon Ceist George Gladeck Godshall Greenwood Gruirza Gruppo Hagarry Haluska Harper Hasay Hayes Herman Hcrihey Honaman Howlell Hutchinson ltkin Jackson Jarolin Johnson Jasephs Kasunic Kcnnedy Kenney Michiovic Micarrir Miller Moehlmann Morris Mowery Mckonic Murphy Nahill Noye O'Brien O'Donnell Olasz Oliver Perrel Petraica Perrone Phillips Piccola Pievskv pistella Pott Pressman" Preston Punt Raymond Rcber Rcinard Stevens Stewart Stuban Sweet Swift Taylor, F. E. Taylor. 1. Telek Tigue Trello Truman Van Horne Vcon Vroon Wambach Wasi Weaton Wiggins Wilson Wogan Wozniak Wright, D. R. Wright, J. L. Wright, R. C. Yandriieviti Speaker Dawida Staback Kosinski NAYS-0 NOT VOTING-1 EXCUSED-4 Mandrrina Pills Sirianni Taylor, E. Z The question was determined in the affirmative, and the amendments were concurred in. Ordered, That the clerk inform the Senate accordingly. REMARKS ON VOTES The SPEAKER. Why does the gentleman from Mifflin, Mr. DeVerter, rise? Mr. DeVERTER. Mr. Speaker, on concurrence in Senate amendments to HB 441, PN 3025, my switch did not activate. 1 would like to be shown as recording in the affirmative, please. The SPEAKER. The gentleman's remarks will be spread upon the record. Why does the gentleman from Bucks, Mr. Greenwood, rise? Mr. GREENWOOD. Mr. Speaker, I also failed to vote on concurrence in HB would like to be recorded in the affirmative, please. PARLIAMENTARY INQUIRY Chester, Mr. Vroon. Mr. VROON. Mr. Speaker, a point of parliamentary inquiry, please. The SPEAKER. Would the gentleman state the point. Mr. VROON. Mr. Speaker, committee meetings are frequently called off the floor of the House. More often than not, they are called for a meeting in the rear of the House chamber or in the lounge behind the House chamber. Mr. Speaker, rule 45 states very clearly that any committee meeting called off the floor of the House will be held in a committee room. Now, 1 have very good reasons for wanting to see that rule enforced, and I would request the Speaker to enforce this rule. The SPEAKER. The gentleman is correct. The rule does so state, and the Chair will enforce the rule. Mr. VROON. Thank you, MI. Speaker. The SPEAKER. The Chair was not aware of that one. That is one that you fooled the Chair on, but you are absolutely correct. REMARKS ON VOTE The SPEAKER. Why does the gentleman from Allegheny, Mr. McVerry, rise? Mr. McVERRY. Mr. Speaker, I inadvertently failed to vote on concurrence in HB 441. I would like to be recorded in the afrirmative.

16 522 LEGISLATIVE JOURNAL-HOUSE MARCH 18, The SPEAKER. The gentleman's remarks vzill be spread upon the record. Why does the gentleman from Chester, Mr. Morris, rise? Mr. MORRIS. Mr. Speaker, in view of the fact that we have called a committee meeting off the floor to go in the rear of the House, and what we are going to do is report out a bill which has been signed as sponsors by every member of the committee, I move that we temporarily suspend the rules of the House for that purpose. The SPEAKER. Would the gentleman, Mr. Morris, rescind his motion? The Chair thinks that we can work this out without suspension of the rules, Mr. Morris. Mr. MORRIS. Mr. Speaker, there is very much of a time limit on this; this is one of the sunset bills. The SPEAKER. Mr. Morris, if you will trust the Chair, we think the Chair can work it out, so you will not have to worry about suspending the rules. REMARKS ON VOTE The SPEAKER. Why does the gentleman from Westmoreland, Mr. Kukovich, rise? Mr. KUKOVICH. Mr. Speaker, I did not vote on concurrence in HB would like the record to show that I would have voted in the affirmative. PARLIAMENTARY INQUIRY The SPEAKER. Why does the gentleman from ~hester, Mr. Morris, rise? Mr. MORRIS. Mr. Speaker, is the anteroom worthy of being called a committee room? The SPEAKER. Which room, Mr. Morris? which room? Mr. MORRIS. The anteroom. The SPEAKER. The Chair officially declares the anteroom to be the temporary committee room of the Committee on Agriculture. I told you, trust the Chair. I can figure these things out at night. Mr. MORRIS. My announcement is amended. BILLS PASSED OVER TEMPORARILY The SPEAKER. All the bills on page 14 will go over, without objection. The Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, did 1 understand yon to say that all the bills on page 14 were over for the day? The SPEAKER. I did say that, but I apologize to Mr. Piccola. 1 did not recognize HB 452 was on there. It was not.... dellberate. HB 452 is not over. HB 452 is a controversial override of a veto and will remain on the calendar. It will be acted upon this afternoon. Mr. RYAN. And SB 655? The SPEAKER. All right. Neither one of them should have been read over. What happened is the Chair was looking at the green marks to the right of the calendar and not looking at the bills themselves. Neither one - neither SB 655 nor HB should have been marked over, and they are not marked over. Mr. RYAN. Thank you. PARLlAMENTARY INQUIRY Mr. RYAN. Mr. Speaker, on another matter. The SPEAKER. The Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, it has been called to my attention, and I honestly did not know how to answer it, so I am going to ask the Speaker to see if he wants to make some remarks on it. If not, then perhaps I should interrogate someone. On the special committees that this House has, 1 have always been of the opinion that when a committee is formed and it is 4-3 or 5-4 or whatever it is, that it was still nevertheless a committee and that the minority members of that committee were entitled to the same information as the majority members-otherwise, there would be no sense in having minority members-that reports, letters, and information that is made available to the majority is also made available to the minority, and that if the minority wished to appoint counsel from its staff or out of its payroll, that this was perfectly proper. Would the Chair advise me if 1 am wrong in any of these assumptions? The SPEAKER. The Chair has listened carefully with some degree - of uurrlement, but the Chair finds nothing. wrong - with the gentleman, Mr. Ryan's assumptions. The Chair feels the gentleman is absolutely correct. Mr. RYAN. Thank you, Mr. Speaker. There are several chairmen of these special committees who 1 know are on the floor of the House, and I am happy to hear the remarks of the Chair. I am sure it is not necessary to call to their attention those remarks. hank you, Mr. Speaker. The SPEAKER. If the gentleman, Mr. Ryan, finds any dereliction of duty vis-a-vis those points, the Chair would appreciate the gentleman pointing it out to the Chair. The Chair will not tolerate that. A committee formed on the floor of the House, whether it he special or whether it be a standing committee, is a committee of the House. It does not belong to... uartv. will mononolize that articular position. The Chair will not tolerate it, and if the gentleman will point it out privately to the Chair or publicly if the gentleman wishes, the Chair will take necessary steps. The gentleman isabsolutely right in his assumptions. The Chair recognizes the majority whip. M ~ O,DONNELL,, M ~ speaker,, 1 like to return to an earlier matter, if I may, in connection with the calendar marking on page 14. TheSPEAKER. Certainly. O,DONNELL, Since a number of the aeodle.. who have made inquiries and made statements about the calendar, including the minority leader's last remarks, are lawyers, I cannot help hut think there is a possibility of a misunderstanding which later may be used to create a precedent,

17 LEGISLATIVE JOURNAL-HOUSE if you will. Accordingly, what 1 would like to do is to ask the Chair, very simply, solely, and in reliance on nothing else that has been said so far, that SB 655 and HB 452 on page 14 he over temporarily and that the House action on those at this point be limited to that direction. The SPEAKER. Excellent. They will both be marked over temporarily. I do not think there will be any argument about that. What we are getting set for is perhaps argument this afternoon on this. The Chair recognizes the gentleman from Beaver, Mr. Laughlin. Why do you rise? Mr. LAUGHLIN. Mr. Speaker, very briefly for a point of clarification. I listened to your response to Representative Ryan with regard to the availability of information, and certainly I understand that communication between minority and majority in the House of Representatives is an ongoing circumstance. But we do pursue different avenues and we do pursue different circumstances, so 1 do not really believe, as the chairman of the Committee on Consumer Affairs, that 1 am required to make any kind of public or available statements on material or information, and I would like that clarified. The SPEAKER. The Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, my remarks were directed to the special committees formed on a 4-3, 5-4 basis, not the standing committees. Mr. LAUGHLIN. Mr. Speaker, that was not the response of the Speaker of the House. He said committees. Mr. RYAN. That may be, Mr. Speaker, but my question dealt with 5-4, 4-3 committees, and 1 interpreted the remarks of the Speaker as being responsive to my question. 1 understand very well, Mr. Speaker, that the Republican Party may have its own programs in a given area as the Democrats have their own programs, and their staff, of course, should be working in different directions if need he in any given matter, but I do not believe that that is the case on these special committees. REMARKS ON VOTE Lebanon, Mr. Moehlmann. Why do you rise? Mr. MOEHLMANN. To correct the record, please, sir. Mr. Speaker, on the question of concurrence in Senate amendments to HB 441,l was not recorded. I would like to be recorded in the affirmative. The SPEAKER. The gentleman's remarks will be spread upon the record. DEMOCRATIC CAUCUS The SPEAKER. To announce a caucus, the Chair recognizes the gentleman from Allegheny, Mr. Itkin. Mr. ITKIN. Mr. Speaker, because there will be an afternoon session and because there are highly controversial matters that will he discussed this afternoon on the floor-in particular, the unisex issue dealing with the override of HB 452; the Insurance Committee's report today of HB 937, which contains a corollary matter to that issue; the convention center bill, SB 655, which may be voted later today; HB 66, which has some controversial features associated with it; and also the supplemental calendar shows SB 370-all these matters will be taken up in caucus this afternoon commencing at 1:30. We will be in caucus for approximately 1 hour and return to the floor at 2:30 to act on those bills. REPUBLICAN CAUCUS The SPEAKER. The Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, the Republicans will go to their caucus rooms right now if possible. We will be covering the same areas that Mr. ltkin announced. I do not believe it will be a long caucus, and if you would retire to the caucus room immediately, I see no reason why we will not finish that caucus up well within a half an hour. But I think it is important that everyone show up for this caucus. Thank you. The SPEAKER. Republican caucus immediately at 12:35; Democratic caucus at 1 :30, and we will be back on the floor at 2:30. Is that correct? The leader has said 2 o'clock. The leader has said 2 o'clock. We will be back on the floor at 2 o'clock. REMARKS SUBMITTED FOR THE RECORD Bucks, Mr. Reinard. Why do you rise? Mr. REINARD. Thank you, Mr. Speaker. I would like to submit some comments for a matter of record. The SPEAKER. The gentleman will send the comments to the clerk. They will be entered. Mr. REINARD submitted the following remarks for the Legislative Journal: Mr. Speaker, it is my privilege to bring to the attention of the Speaker and the Members of the Pennsylvania House of Representatives the names of Joel E. Kiefer, Jeffrey A. Mowers, and William J. Quigley, who have recently been awarded Scouting's highest honor-eagle Scout. Mr. Speaker, on Thursday, March 20, 1986, Joel E. Kiefer, Jeffrev A. Mowers. and William J. Ouielev. -. will he officially rec-,),iiiiii,j 111!11~.1r IIIJLI~II~II ;crcm,)l~) Ri f:.~sic 5.t)ulr. I r. Snz~Lcr. 1 n.1.1l.l Ilkc to rza,l 1.1 lhc hlc~llhzr\ tli lhc f l c ~ ~.? of ~e~rlsentatives the following Citation of Merit honoring Joel E. Kiefer, Jeffrey A. Mowers, and William J. Quigley: WHEREAS, Joel E. Kiefer, Jeffrey A. Mowers, and William J. Quigley have earned the Eagle award in Scouting. This is the highest award that Boy Scouts can bestow and as such represents great sacrifice and tremendous effort on the part of these young men. They are members of Troop 280. NOW THEREFORE, The House of Representatives of the Commonwealth of Pennsylvania congratulates Joel E. Kiefer, Jeffrey A. Mowers, and William J. Quigley on the occasion of their being honored with the Eagle Scout Award, commends them on the outstanding work they have done to earn this coveted honor, and wishes them continued success in the future.

18 524 LEGISLATIVE JOURNAL-HOUSE MARCH 18, Mr. Speaker, it is my pleasure that I place in the Legislative Journal the names of Joel E. Kiefer, Jeffrey A. Mowers, and William J. Quigley. BILLS REPORTED FROM COMMITTEES, CONSIDERED FIRST TIME, AND TABLED HB 349, PN 379 By Rep. HUTCHINSON An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for subsequent convictions of certain offenses. REMARKS ON VOTES Lackawanna, Mr. Staback. Why do you rise in place? Mr. STABACK. Mr. Speaker, on concurrence in Senate amendments to HB 441 and HR 181, my switch failed to operate. I would like to be recorded in the affirmative on both measures. The SPEAKER. The gentleman's remarks will be spread upon the record. TRANSPORTATION RECESS HB 797, PN 897 By Rep. HUTCHINSON An Act Title 75 (Vehicles) of the Pennsvlvania Con. The SPEAKER. The House will stand in recess until 2 p.m. solidated ~tatutes,further providing for costs of certain trafficcontrol devices. RECESS EXTENDED TRANSPORTATION. The time of recess was extended until 2:15 p.m.; further HB 1930, PN 2574 BY Rep. HUTCHINSON extended until 2:30 p.m. An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for the operation of certain motor vehicles without a certificate of inspection. AFTER RECESS TRANSPORTATION. The time of recess having expired, the House was called to HB 1976, PN 2687 By Rep. HUTCHINSON 1 ordel An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for the operation of certain ADDITIONS AND DELETIONS OF SPONSORS vehicles on sidewalks. The SPEAKER. The Chair acknowledges receipt of addi- TRANSPORTATION. tions and deletions of sponsorships of bills as filed by the majority leader, which theclerk will file. SB 155, PN 1952 (Amended) By Rep. HUTCHINSON An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, requiring school buses to use flashing lights when carrying children to summer camps or vacation bible schools. TRANSPORTATION. SB 937, PN 1953 (Amended) By Rep. RYBAK An Act amending the act of May 17, 1921 (P. L. 789, No. 285), known as "The Insurance Department Act of one thousand nine hundred and twenty-one," continuing gender based rate classifications. INSURANCE. SB 1165, PN 1954 (Amended) BY Rep. DeWEESE An Act amending the act of August I941 (P. L. 861, No. 323), entitled, as amended, "Pennsylvania Board of Probation and Parole Law." further ~rovidine - for membershin... vacancies. salaries, qualifications and confirmation of board members; further providing for powers and duties of the board; further providing for an advisory committee; further providing for grants-in-aid to certain counties; and reestablishing the board for a period of time. JUDICIARY. The following list was submitted: ADDITIONS: HB 1382, Itkin; HB 1695, Punt, Micorrie, Phillips, Pott, Mrkonic, Blaum, Battisto, Lloyd, Murphy, Belfanti, Pressmann; HB 2101, Rudy; HB 2161, Johnson; HB 2177, DisLler; HB 2178, Veon; HB 2200, Sweet; HB 2206, ltkin; HB 2207, Langtry; HB 2212, Vroon; HB 2230, Cimini; HB 2231, G. M. Snyder, Sirianni; HB 2240, Fischer, Afflerbach, Michlovic, Blaum; HB 2246, Gamble, J. J. Taylor, DeLuca, Lashinger, Noye; HR 244, Burd, Belardi, Pressmann. SENATE MESSAGE ADJOURNMENT RESOLUTION FOR CONCURRENCE The clerk of the Senate, being introduced, presented the following extract from the Journal of the Senate, which was read as follows: In the Senate, March 17, 1986 RESOLVED, (the House of Representatives concurring), That when the Senate adjourns this week it reconvene on Tuesday, April 1, 1986, unless sooner recalled by the President Pro Tempore of the Senate; and be it further RESOLVED, That when the Senate adjourns the week of April 1, 1986, it reconvene on Monday, April 7, 1986, unless sooner recalled by the President Pro Tempore of the Senate; and be it further RESOLVED, That when the House of Representatives adjourns this week it reconvene on Monday, March 24, 1986,

19 LEGISLATIVE JOURNAL-HOUSE unless sooner recalled by the Speaker of the House of Representa- 1 lives; and be it further RESOLVED, That when the House of Representatives adjourns the week of March 24, 1986, it reconvcne on Monday, April 7, 1986, unless sooner recalled by the Speaker of the House Ordered, That the clerk present the same to the House of Representatives for its concurrence. Will the House concur in the resolution of the Senate? Mr. O'DONNELL offered the following amendment: In the House, March 18, 1986 RESOLVED, (the Senate concurring), That the concurrent adjournment resolution adopted by the Senate, March 17, 1986 be amended to read as follows: RESOLVED, That when the Senate adjourns this week it reconvene on Tuesday, April 1, 1986, unless sooner recalled by the President Pro Tempore of the Senate, and be it further RESOLVED, That when the Senate adjourns the week of April 1, 1986, it reconvene on Monday, April 7, 1986, unless sooner recalled bv the President Pro Temvore of the Senate: and be it further RESOLVED, That when the House of Revresentatives adjourns this week it reconvene on Monday, Abril 7, 1986, unless sooner recalled by the Speaker of the House of Representatives. Ordered, That the clerk present the same to the Scnate for its concurrence. Will the House agree to the amendment? Amendment was agreed to. Will the House concur in the resolution of the Senate as amended? Resolution as amended was concurred in. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same with amendment in which the concurrence of the Senate is requested. BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED HB 2264, PN 3121 By Rep. LLOYD An Act amending theact of May 15, 1945 (P. L. 547, No. 217). known as the "Conservation District Law," further structuring and reestablishing the State Conservation Commission. AGRICULTURE AND RURAL AFFAIRS. LEAVE OF ABSENCE The SPEAKER. The gentleman from Bucks, Mr. GALL- AGHER, will be placed on leave for the rest of the week, without objection, and the Chair hears no such objection. The Chair recognizes the gentleman from Berks, Mr. Davies. Why do you rise in place? Mr. DAVIES. Mr. Speaker, permission to remove my outer garment. The SPEAKER, Permission granted. Mr. DAVIES. Thank you, 'peaker' BILLS SIGNED BY SPEAKER The Chair gave notice that he was about to sign the following bills, which were then signed: An Act amending the act of May 22, 1933 (P. L. 853, No. 155), known as "The General County Assessment Law," further providing for the exemption from taxation of fire and rescue station property. HB 563, PN 3026 An Act amending the act of May 21, 1943 (P. L. 571, No. 254), known as "The Fourth to Eighth Class County Assessment Law," exempting all property owned by nonprofit fire companies, ambulance companies and rescue squads. CALENDAR CONTINUED BILL ON CONCURRENCE IN SENATE AMENDMENTS The clerk of the Senate, being introduced, returned the following HB 66, PN 3039, with information that the Senate has passed the same with amendment in which the concurrence of the House of Representatives is requested: An Act providing for grants to persons for property damaged or destroyed by tornado or flood; establishing the basis for the grants; and making an appropriation. Will the House concur in Scnate amendments? The SPEAKER. On that question, the Chair recognizes the gentleman from Somerset, Mr. Lloyd. Mr. LLOYD. Thank you, Mr. Speaker. Mr. Speaker, when this bill left the House, it had to do with the use of coal to heat State buildings. It no longer deals with that; it now deals with natural disasters in the year This differs from a bill which the House passed previously on the same subject and sent to the Scnate in the following way: Under both bills - both the House bill and the bill which is before us today - there would be the authorization of direct grants to individuals who were victims of floods and tornadoes. The difference is that the bill which passed the House previously would also provide that same opportunity to victims of the August 1984 flood, a Presidentially declared disaster which included about five counties in the western part of the State. Now, Mr. Speaker, that elimination is especially troublesome for my county, because my county is included both in the 1984 disaster and in the 1985 disaster. But I have received assurances from the leadership of the Senate that when the Governor signs HB 66, the Senate leadership will agree with legislation to take care of that oversight and that the same

20 526 LEGISLATIVE JOURNAL-HOUSE MARCH 18, benefits will be provided to the victims of the 1984 flood. 1 have also received assurances from the chairman of the House Appropriations Committee that appropriate legislation will be moved to facilitate that agreement. So based on the assurances that the oversight of the Senate will be corrected, I am going to move, Mr. Speaker, that we concur, that we vote "yes" on the Senate amendments to this bill. The SPEAKER. On concurrence, the Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, I have asked a page to take back to Mr. Lloyd a copy of the pertinent portions of the Constitution of Pennsylvania. I intend to vote to concur. I ask that the members concur. However, I guess the reason I am standing up is to warn the citizens of Pennsylvania who might perhaps benefit by this legislation that, in my judgment, there is a serious constitutional question as to what we are doing. My belief is based on the fact that 17(b) of the Constitution dealing with special emergency legislation raises certain warning flags. The first portion of that provision of the Constitution seems to say that what we are going to do we cannot do because there has been no declaration of an emergency or a major disaster by a Presidential declaration. The second part that causes some concern is that the Constitution seems to say that we can make appropriations only limited to moneys required for Federal emergency or major disaster relief, which I believe came into being some years ago and it was necessary to have a constitutional change to permit us to appropriate matching funds to match moneys provided by the Federal Government. As I said earlier, it is my intention to concur and to ask for concurrence, but I would hope we could get a quick and prompt reply to this constitutional question that 1 raise. Perhaps if Mr. Lloyd has an opportunity to look this over, it may be appropriate for us to submit an amendment to the Constitution to take care of problems such as this. ~h~ SPEAKER, ~h~ chair recognizes the gentleman from Washington, Mr. Daley. Mr. DALEY. Thank you, Mr. Speaker. TO address some of the raised by the leader, this indeed on November 4, 5, and 6 was a Federally declared emergency by the President of the United States as well as the covernor of pennsylvania, so I the constitutional requirements will be met there. ~ l as a ~ major ~ disaster, relief effort, it is a matching effort. We have found out through our flood hearings that this will subsidize and be a matching effort for the individual family grants, the SBA (Small ~~~i~~~~ Administration), and all the other programs that the Federal Government has promulgated in aiding those flood victims in southwestern Pennsylvania in the five counties that have been declared disaster areas by the President and by the Governor. Erie, Mr. Bowser. Mr. BOWSER. Would you let Mr. Lloyd respond to the minority leader first? Somerset, Mr. Lloyd. Mr. LLOYD. Mr. Speaker, with regard to the question raised by the minority leader, the particular disasters that we are attempting to address - the tornado, Hurricane Gloria, and the southwestern Pennsylvania flooding in 1985 as well as the August 1984 flood - were all Presidential declarations. So that particular section of the Constitution would be satisfied. In addition, the formula, the language in this bill with regard to who gets how much money and who administers the program, is virtually identical to the legislation which was enacted in 1978 subsequent to the amendment, 17(b), to the Constitution in order to take care of people who were victims of the Johnstown flood of So since that has been done and since the Constitution was specifically amended to take care of that legislation - to allow that legislation to be constitutional - I believe that this particular legislation administered in exactly the same way on exactly the same formula should likewise be constitutional. I would agree with the minority leader that it would certainly be desirable if we had a statute which provided for this kind of thing and we treated everybody alike, case by case, without so much ad hoc dealing. But 1 think that if the legislation in 1978 was constitutional-this is being administered exactly the same way-as long as it is administered exactly the same way, it should also be constitutional. WELCOME The SPEAKER. The Chair is delighted to have and welcome to the hall of the House, Dale, JoAnn and P.J. Laughner, who are here from Beaver County as the guests of the Beaver County delegation. Welcome to the hall of the House. CONSIDERATION OF HB 66 CONTINUED The SPEAKER. The Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, I am not trying to prolong this. I have copies of an Attorney General opinion from some years ago declaring similar legislation unconstitutional, which was followed Up by another opinion of Attorney General ~iester saying that the Attorney General had no right to declare anything unconstitutional. But 1 will provide to Mr. Lloyd an analysis of the bill on the constitutional question as well as a COPY of the opinion of the Attorney General under Governor S ~ ~ where P P he found a very strikingly similar ~iece of legislation to be ur.:onstitutional in his judgment. RULES SUSPENDED Erie, Mr. Mr. BOWSER. Thank you, Mr. Speaker. Mr. Speaker, I have talked to several members on this bill. It does not do enough for the tornado disaster areas in the State - not only mine but all the counties that were involved in that last May.

21

22 528 LEGISLATIVE JOURNAL-HOUSE MARCH 18, DeWeese Lescovilz Rieger Daley Levdansky Roebuck Irvia, Dawida Linton Rudy Speaker Deal Livengood NOT VOTING-6 Afflerbach Gallen Letterman Tigue Evans Godshall EXCUSED-6 Gallagher Manderino Sirianni Taylor, E. 2. McCall Pills The SPEAKER. The "yeas" are 101; the "nays," 88. We are going to check to make sure that is enough. Well, it is enough for the passage of a bill, but we are not sure it is enough for the suspension of the rules. We want to be sure of that. The exact same language is used on the suspension of the rules as the passage of a bill, so 101 votes is all that is needed. The rules of the House have been temporarily suspended. On the question recurring, Will the House concur in Senate amendments? REMARKS ON VOTE Montgomery, Mr. Godshall. Why do you rise, sir? Mr. GODSHALL. Mr. Speaker, my switch is not operating. I had tried Lo vote on that issue about three or four times and pushed the button. The switch is not operating. Is it switched off up there? The SPEAKER. No. We have no power to switch it off up here. But we will check and see what happened. You say that has happened several times? Mr. GODSHALL. No; just on this issue. I kept pushing the button three or four times, and it is not operating. The SPEAKER. All right. Well, we have no power to close out the switch at this desk, but we will see if we can find out if there is something wrong with your switch. Mr. GODSHALL. Thank you. 1 would like to be recorded on that in the affirmative, if I can. The SPEAKER. The gentleman will be so recorded. CONSIDERATION OF HB 66 CONTINUED BILL PASSED OVER TEMPORARILY The SPEAKER. The whip of the Democratic Party has asked that we go over the bill temporarily, and the reason is this: In the Democratic caucus there were a number of men who wished to open this bill for amendment but agreed not to do so in order that the bill could move quickly back lo the Senate. Those men, of course, now feel that they have a right to offer their amendments, and some of those amendments are not ready. So we will mark this over temporarily, Mr. Bowser, which keeps it on the calendar, keeps it available, and of course, the rules have been suspended. REMARKS ON VOTES Luzerne, Mr. Tigue. Why do you rise, sir? Mr. TIGUE. Mr. Speaker, my switch did not operate properly on the vote to suspend the rules on HB wanted to vote in the negative. The SPEAKER. The gentleman's remarks will be spread upon the record. The Chair recognizes the gentleman from Luzerne, Mr. Jarolin. Why do you rise, Mr. Jarolin? Mr. JAROLIN. Mr. Speaker, I realize on this last vote that we had taken that there are quite a few of the switches that did not function properly. In fact, when I tried to switch my vote over, it would not register. 1 request that you run that vote over again. The SPEAKER. No. We will check and see what- The bill is now over temporarily. SUPPLEMENTAL CALENDAR A REPORT OF COMMITTEE OF CONFERENCE CONSIDERED Mr. SALOOM called up for consideration the following Report of the Committee of Conference on SB 370, PN 1949, entitled: An Act amending the act of May 5, 1933 (P. L. 284, No. 104), entitled, as reenacted and amended, "Malt Beverage Tax Law," extending the emergency malt or brewed beverage tax credits; and increasing the maximum credit. Will the House adopt the report of the committee of conference? The SPEAKER. On the question of the adoption of the conference report, the Chair recognizes the gentleman from Bucks, Mr. Greenwood. Mr. GREENWOOD. Mr. Speaker, I would like to have an explanation of this conference committee report, and 1 would also like to know if there is a fiscal note attached. The SPEAKER. The Chair missed your second question. What did you say? Mr. GREENWOOD. 1 would like to have an explanation from one of the House conferees of the contents of the conference report, and specifically the fiscal impact. The SPEAKER. There is no fiscal note attached. Who was on the Committee of Conference for SB 370? Mr. Saloom, the request is by Mr. Greenwood that you give a brief explanation of the committee of conference report. Mr. SALOOM. Mr. Speaker, when SB 370 came to the House, it came with an extension of a period of time for tax credits to the Pennsylvania breweries. It left the House with several amendments - one increasing the amount of tax credit, an amendment that included recyclers, and also, an amendment for out-of-state owners with subsidiaries in Pennsylvania. The conference committee, by a majority, removed the amendments that were placed in by the House and placed the

23 1986 LEGISLATIVE JOURNAL-HOUSE 529 amount of the tax credit at a limit of $150,000 per year for a capital expenditure. This was brought up at the Senate-House conference committee yesterday, and a majority of those members on the committee approved it. And time is of essence that we pass it, because the tax period for last year will soon be over and the reporting period is now up, and I would encourage a "yes" vote for it. Bucks, Mr. Greenwood. Mr. GREENWOOD. Mr. Speaker, could the gentleman inform the House as to how many breweries are involved in Pennsylvania? And also, what is the nature of the emergency that apparently we declared in 1974, determining in this report that exists until 1988? What is the nature of that 14-year emergency that requires this tax credit? Mr. SALOOM. Okay. This is almost a dying industry in Pennsylvania. We have eight facilities in Pennsylvania that can be able to get this tax credit. Eight of them could share $1,200,000 if they took full advantage of it. One of the firms involved a few years ago was forced to put in a sewerage system at a cost of $1 million by DER (Department of Environmental Resources), and, of course, it was something to keep their employees employed here in the Commonwealth or go out of business. But they did put in the sewerage line. They are asking for some tax credit, and of course, this is something that we gave them several years ago and would like to continue it to keep this industry in Pennsylvania. I believe there is something like 6,000 employees in Pennsylvania that this would help. Mr. GREENWOOD. Mr. Speaker, I do not want to prolong this too long, but I do not understand the nature of the emergency, what it is about the brewing industry in Pennsylvania that requires that this House give that industry $1.2 million in tax credits that we do not give to any other industry as specifically as we are in this bill. What is the nature of that emergency, and when is that emergency going to end? And is there something wrong with that industry that they cannot compete without these tax credits? Mr. SALOOM. You asked when it might end. This will end December 31, And of course, we do have these industries in Pennsylvania; we would like to keep them here. It is very difficult for them to match the competition of out-of- State breweries. Mr. GREENWOOD. Mr. Speaker, I have finished my interrogation. I would like to make a brief comment. The SPEAKER. The gentleman is in order and may proceed. Mr. GREENWOOD. Thank you, Mr. Speaker. Mr. Speaker, 1 am going to vote against this bill, and it is not because 1 am an expert on the brewing industry. 1 am not. But something bothers me about this House and this legislature declaring for 14 consecutive years that one particular industry cannot compete in this State if we do not give them $1.2 million a year, or $100,000 or $150,000 apiece. This to me smacks of the absolutely classic special-interest legislation, and 1 do not think it is merited. 1 would encourage a "no" vote. Thank you. Allegheny, Mr. Clark. Mr. CLARK. Thank you, Mr. Speaker. I would like to interrogate the chairman of the Liquor Control Committee for one question. The SPEAKER. Mr. Saloom indicates he will stand for interrogation. You may proceed, Mr. Clark. Mr. CLARK. Mr. Speaker, when this bill left the House, it contained an amendment that encouraged recycling by brewers in Pennsylvania. Could you tell me which member of the conference committee was responsible for offering the amendment that stripped that out? Mr. SALOOM. Mr. Speaker, when we went to the conference committee, it seemed as though this was a cut-and-dried situation. The conference report was already printed up when we got to the conference committee. It was moved by one of the Senators and seconded by another Senator that we adopt the conference report. I might say it was a Senator of the minority party in the State Senate who made the move. Mr. CLARK. Thank you, Mr. Speaker. I can figure out the name from there. I am through with my interrogation. 1 would like to make a comment, if 1 may. The SPEAKER. The gentleman may make the comment. Mr. CLARK. Thank you, Mr. Speaker. What the conference committee did with this was take a good idea that we had turned this bill into when it left here, stripped out the good idea, and kept the tax credit for essentially doing nothing. As Representative Greenwood pointed out earlier, we have had something called an emergency since But with this tax credit that they have received since 1974, there has been no increase in employment there. We do not even require that the goods that they get the credit for be manufactured in Pennsylvania. We do not get anything in exchange for this. The expenditures that they make to qualify for this credit are nothing special, nothing like an expansion of their brewery for more capacity. It is simply normal operating costs -normal upgrading of their facility, replacing linings in tanks -and they get essentially a taxpayers' subsidy to make malt or brewed beverages. The amendment that we inserted here in the House would require that they take some activity involved in recycling - a problem we have today that we need to do something with solid waste - and we could grant them a credit for money spent on equipment for recycling. This money would be spent to recycle cans and bottles in Pennsylvania and put money back into the local economy for purchasing them from local groups. I ask for a negative vote on the adoption of this conference report, and I suggest it go back to the conference committee so that we do something to help the small breweries and not just make a gift to all breweries in Pennsylvania. Thank you, Mr. Speaker. Westmoreland, Mr. Saloom, on thequestion.

24

25 Bush George Caltaeirone Gladeck Cappabianca Godshall Carlson Greenwood Carn Gruitza Cawley Gruppa Cessar Hagarty Chadwick Haluska Cimini Harper Civera Hasay Clark Hayes Clvmer Herman C ~ I ~ F ~ I I Hershey ~ Cole Honaman Cardisca Howlett Cornell Hutchinson Coslett ltkin Cowell Jackson Coy Jarolin Deluca Johnson DeVerter Josephs DeWeese Kasunic Daley Kennedy Davies Kenney Dawida Kosinski Morris Mowery Mrkonic Murphy Nahill Noye O'Brien O'Donnell Olasz Oliver Perrel Petrarca Petrone Phillips Piccala Pievsky Pistella Pot1 Presrmann Preston Punt Raymond Reber Reinard Richardson NAYS-0 NOT VOTING-1 LEGISLATIVE JOURNAL-HOUSE Sweet Swift Taylor, F. E. Taylor, J. Telek Tigue Trelio Truman Van Horne Veon Vroon Wambach Wais Weston Wiggins Wilson Wogan Wozniak Wright, D. R. Wright, J. 1. Wright, R. C. Yandrisevits Irvis, Speaker Gallagher Manderina Sirianni Taylor, E. Z. McCall Pitts The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the amendments were concurred in. Ordered, That the clerk inform the Senate accordingly. The SPEAKER. The Chair recognizes the gentleman fram Dauphin, Mr. Piccola, on HB 452, which is on the postponed calendar. Unless the bill is called up, it remains on the postponed calendar. Mr. PICCOLA. Mr. Speaker, 1 would call up HB 452 for a vote on the override of the Governor's veto. The SPEAKER. HB 452, which was on the postponed calendar, has been lifted from the postponed calendar on motion of thegentleman, Mr. Piccola. BILL VETOED BY THE GOVERNOR POSTPONED Mr. PICCOLA called up from the postponed calendar the veto message on HB 452, PN 2832, entitled: An Act amending the act of June l I, I947 (P. L. 538, No. 246), entitled "The Casualty and Surety Rate Regulatory Act," further providing for ratemaking. Shall the bill become law, the objections of the Governor to the contrary notwithstanding? BILL AND VETO MESSAGE PLACED ON POSTPONED CALENDAR The SPEAKER. The Chair recognizes the majority whip. Mr. O'DONNELL. Mr. Speaker, 1 move to postpone the consideration of HB 452, and I would like to speak on the issue. Will the House agree to the motion? The SPEAKER. The gentleman is recognized and may speak on the motion. Mr. O'DONNELL. Mr. Speaker, I am hoping this is the last vote that you will have to cast today. I would like to remind you why HB 452 is on your calendar today. It is on the calendar because of a courtesy. This bill has already been considered by this House. The Governor's veto has been sustained. The unisex issue has been disposed of. HB 452 has been disposed of by this House. The matter has been resolved. Then why does it appear on our calendar today? It appears on our calendar today because of an informal process that we call courtesy. Even - when you lose a vote in this House, when people feel really strongly about it and/or it is a closely contested vote, you get the opportunity to come back and take a second shot at it. That courtesy was extended immediately after the last vote on HB 452. This House voted almost unanimously to reconsider HB 452 as a courtesy to give the people who felt REMARKS ON VOTE I The SPEAKER. Why does the gentleman from Indiana, Mr.-. Waw. rive in nllre ,. -.. r. ---, Mr. WASS. Mr. Speaker, on the Committee of Conference Report on SB 370, my switch malfunctioned. I want to be in the neeative. -. olease.. The SPEAKER. The gentleman's remarks will be spread ~nnon the..-. record^ I very strongly about it another chance, another opportunity to debate that issue. REQUEST TO CALL UP HB 452 This afternoon I am asking for a courtesy on behalf of the majority leader, who is not able to be here. The majority leader asks for the courtesy of holding this over because he- as demonstrated on the floor of this House-feels extremely strongly about it. 1 am asking for that courtesy on his behalf. I would urge you to extend that in the way we already have on HB 452 and vote in favor of postponing. Thank you. FILMING PERMISSION The SPEAKER. The Chair has given, to Mark Stultz of channel 27 TV, 10 minutes to film on the floor.

26 532 LEGISLATIVE JOURNAL-HOUSE MARCH 18, CONSIDERATION OF HB 452 CONTINUED The SPEAKER. On the motion, the Chair recognizes the gentleman from Dauphin, Mr. Piccola. Mr. PICCOLA. Thank you, Mr. Speaker. I am hopeful that this will be the second to last vote that you will have to cast today. I have the greatest respect and share the concern of all the members of this House for the majority leader and the condition of his wife and joined yesterday in offering prayers for her speedy recovery. In fact, yesterday when Speaker lrvis called me, first thing on Monday morning, he informed me of the condition of the majority leader's wife and asked if out of courtesy I would agree to postpone the vote on the override on Monday. Without hesitation 1 agreed to do that, and that bill was not called up yesterday. he bill is being called up today not Out of a lack of respect for the majority leader. It is being called up because we are not going to be in session for the next 3 weeks. As everyone knows or should know, unisex insurance rates will go into effect on June 1; however, the notices of rate increases will start to go out during the month of April. We will not he in session until April 7. I think we are up against a deadline, and 1 think in all honesty, Mr. Speaker, that everything that can he said on this issue on the floor of the House probably has been said, and 1 would not anticipate a great deal of debate. I think the majority leader enunciated his position very articulately last week, and I think the responses are already on the record. I would not anticipate a great deal of debate on this issue today. I might comment just briefly on Mr. O'Donnell's characterization of this bill being before us out of courtesy. It is on a postponed position on the calendar out of courtesy; however, vetoes are always available for override throughout a legislalive session, and that is not a matter of legislative courtesy but a matter of the Constitution. For those reasons, Mr. Speaker, and because 1 do not believe the members of this House want to wait another 3 weeks and have this issue continuously brought before us back in our districts, I would ask that this motion be defeated. Thank you, Mr. Speaker. The SPEAKER. On the motion, the Chair recognizes the gentleman from Beaver, Mr. Laughlin. Mr. LAUGHLIN. Mr. Speaker, would the gentleman, Mr. Piccola, stand for interrogation? The SPEAKER. Mr. Piccola indicates he will so stand. You are in order, and you may proceed, Mr. Laughlin. Mr. LAUGHLIN. Mr. Speaker, with regard to the time element that you are talking about for the insurance industry, is it anv,- erave difficultv for them to send out their mailines - to the people with regard to their billings a week or 10 days later than anticipated? Mr. PICCOLA. I would anticipate that it is such a difficulty, but it is not the fact that we are waiting until April 7. As you will recall, Mr. Speaker, we attempted to bring this bill to a vote for override almost immediately, and because of legislative scheduling, we were delayed and delayed until finally we were only able to bring the bill up late last week. As a result of many members being absent, the bill did not garner enough votes for passage. It is my fear that when we return in April, the legislative calendar will be such that the bill will receive the same treatment that it received earlier in March and we may not get to it until the end of ~ ~ ~ 1 think i l we. are in an ideal position today to act on the legislation now and to get the issue behind us onceand for all. M ~ LAUGHLIN., M ~. speaker, thank you very much for your answer, M,. speaker, just a very few brief remarks. Mr. Speaker, with regard to putting off the vote on the legislation, 1 agree with [he whip today, M ~ ~, ' ~ ~ I voted ~ ~ ~ l to override the Governor's veto. I do not intend to vote to now allow it to come up for reconsideration today, and the reason for that, very clearly, is that 1 believe that the majority leader's arguments here on the floor should be heard so that anyone who is in doubt about that circumstance would be able to refresh their memory. I do not believe we should be denying ~~~~~~~~~~~i~~ ~ ~ an opportunity ~ to d be ~ heard here today when in fact he has granted that opportunity to minority and majority alike on numerous occasions, and 1 think we should give him the same consideration today. For that reason, Mr. Speaker, I would ask for a negative voteagainst M ~. piccola. ~h~ SPEAKER. On the motion, those in favor of returning HB 452 to the postponed calendar will vote "aye"; those opposed to returning HB 452 to the postponed calendar will vote "no.,9 On the question recurring, Will the House agree to the motion? The following roll call was recorded: YEAS-109 Acorta Dalcy Livcngood Serafini Afflerbach Davits Lloyd Seventy Dawida Lucyk Showers Arty Deal McHalc Snyder, D. W. Baldwin Donatucci McVerry Staback Barbcr Duffp Maialc Steighncr Bauisto Evans Markosek Stevens Belardi Fattah Mayernik Stewart Be'fanti Flick Michlaiic Stuban Blaum Freeman Mrkonic Sweet Book Gamble Murphy Taylor, F. E. Bortncr Cladeck O'Donnell Taylor, 1. Bowley Greenwood Olasr Telek Broujoi Haluska Oliver Tigue Burd Harper Pctrarca Trello Burns Hasay Petrone Truman ~ ~ ~ t t e I : ~ : : f ~ ~ Pievsky c, Van Horne Pistella Veon Jarolin Patt Wambach Clark Joieohs Preisrnann Weston COhen Kasunic Preston Wiggins Colafella Kosinski Rcber Worniak Cole Kukovich Richardson Wright, D. R Cordisco Loughlin Rieezr Yandrisevits Cowei' LescoviIz Rocbuck Coy I.cltcrrnsn Rudy lrvis, Deluca Levdansky Rybak Speaker DeWeese Linton Sernmel