commonwealth of pennsylvania legislative journal · 4/30/1996 · commonwealth of pennsylvania...

COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

TUESDAY, APRIL 30,1996

SESSION OF 1996 180TH OF THE GENERAL ASSEMBLY No. 26

HOUSE OF REPRESENTATIVES The blouse convened at 1 1 :05 a.m., e.d.t.

THE SPEAKER PRO TEMPORE (J. SCOT CHADWICK) PRESIDING

PRAYER

The SPEAKER Pro tempore. Without objection, the Prayer from today's special session will be printed in today's regular session Journal.

REV. DR. ROBERT E. MAYER, Chaplain of the House of Representatives and pastor of Church of the Open Door, Lebanon Christian Academy, Lebanon, Pennsylvania. offered the following prayer:

Let us pray: Etemal God and Heavenly Father, again today we have

reassembled together for special purposes concerning government. We thank You, our Father, that You are mindtbl of us and that You are very concerned.

As we read in Thy Word that Thou art the great creator, the world belongs to You and all of us which are in this world, and we thank You that we can count on You to direct our thoughts and our steps. We realize that here in the Assembly, that all of these ladies and men have been placed here by You for the purpose of governing within our Commonwealth. Therefore, we humbly bow before You, atnd we would ask of You to direct our thoughts and all things that need to be accomplished today, that it shall be done in good order.

Again, we acknowledge Thee as the Feat creator, the provider and sustainer, the one who has given to us life, health, and strength, and we thank You that we can count on You to work on our behalf.

So we ask now that You will bless each person prcsent and make us a blessing to each other. We ask in that lnost holy name of our wonderful redeemer and creator. Amen.

PLEDGE OF ALLEGIANCE DtSPENSED WITH

The SPEAKER pro tempore. Without objection, the {'ledge of Allegiance will be dispensed with.

JOURNAL APPROVAL POSTPONED

The SPEAKER pro tempore. Without objection, the approval of the Journal of Monday, April 29, 1996, will be postponed until printed. The Chair hears no objection.

SENATE MESSAGE

HOUSE RESOLUTIONS CONCURRED IN BY SENATE

The clerk of the Senate, being introduced, informed that the senate has concurred in HR 309, p~ 3236; and HR 310, p~ 3237.

LEAVES OF ABSENCE

The SPEAKER pro tempore. The Chair the M ~ , ~~ki,,, who requests leave for today for

gentleman from Mercer County, Mr. GRUITZA; the gentleman from Westmoreland County, Mr. VAN HORNE; and the gentleman from Allegheny County, Mr. TRELLO. The Chair hears no objection, The leaves are granted,

The Chair understands there are no additional leaves ofabsence from the Republican side,

BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 2388, PN 31 08 By Rep. GLADECK

An Act amending the act of December 5 , 1936 (2nd Sp,Sess,, 1937 P,L.2897, known as the Unemployment L ~ ~ , further defining uemployment ,=

LABOR RELATIONS,

HOUSE BILLS INTRODUCED AND REFERRED

No. 2571 By Representatives VITALI, KUKOVICH, M. N. WRIGHT, CARONE, LAWLESS, PLATTS, ARGALL, CLARK, KREBS, DeLUCA, TIGUE, COY, BATTlSTO and MUNDY

An Act providing tor regulation of bond services of the Commonwealth and its asencies, authorities and commissions.

Referred to Committee on JUDICIARY, April 30, 1996.

626 LEGISLATIVE JOURNAL - HOUSE APRIL 30

No. 2572 By Representatives ADOLPH, PITTS, FARGO, SAYLOQ TRELLO, CONTI, ROBERTS, GEORGE, SCHRODEQ NICKOL, HERSHEY, FICHTER, BAKER, GEIST, MICOZZIE, RUBLEY, DeLUCA, BIRMELIN, ITKIN,

~- - -- An Act amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for unauthorized solicitation of agreements authorizing an attorney at law to perform legal - services; and providing for representation in assessment appeals.

ARMSTRONG, SCHULER, M. N. WRIGHT, TRAVAGLIO, D. W. SNYDER, WAUGH, LYNCH, MERRY, P E T ~ R C A , I Referred to Committee on JUDICIARY, April 30, 1996.

Y OUNGBLOOD, ROONEY, STEELMAN, STABACK, CHADWICK SHEEHAN, HALUSKA, RAYMOND, LEDERER, E. Z. TAYLOR, WALKO and BOSCOLA

An Act providing for the rights and privileges of taxpayen

Referred to Committee on FINANCE, April 30,1996.

No. 2573 By Representatives DeWEESE, SERAFINI, STABACK, LAUGHLIN, COLAFELLA, TRELLO, TIGUE, PETRARCA, YOUNGBLOOD, STEELMAN, JOSEPHS and OLASZ

An Act amending the act of April 27, 1966 (1st Sp.Sess., P.L.31, No.l), known as The Bituminous Mine Subsidence and Land Conservation Act, further providing for the purpose of the act and for declaration of policy; describing underground mining operations; providing for restoration or conversion of land affected by mine subsidence; and making an editorial change.

Referred to Committee on ENVIRONMENTAL RESOURCES AND ENERGY, April 30, 1996.

No. 2574 By Representatives DeWEESE, SERAFINI, COLAIZZO, ROONEY, STABACK, LAUGHLIN, SCRIMENTI, BATTISTO, COLAFELLA, TRELLO, TIGUE, PETRARCA, YOUNGBLOOD, STEELMAN, JOSEPHS and OLASZ

An Act amending Titles 24 (Education) and 71 (State Government) of the Pennsylvania Consolidated Statutes, further providing far member's options.

Referred to Committee on STATE GOVERNMENT, April 30, 1996.

No. 2575 By Representatives MAITLAND, MELIO, MASLAND, BAKER, HERSHEY, WAUGH, GORDNER, FAIRCHILD, PHILLIPS, STERN, NYCE, BARD, ZIMMERMAN, SAYLOR, FEESE, DiGIROLAMO, CLARK, CHADWICK, HASTE, HALUSKA, EGOLF, SATHER, WALKO, TRAVAGLIO, MUNDY, GODSHALL, TRUE, ROONEY, NICKOL, CAWLEY, STEELMAN, CARONE, SERAFINI, BOSCOLA and HESS

An Act providing for a Statewide referendum on the question of whether Pennsylvania should have a Returnable Beverage Container Act.

Referred to Committee on STATE GOVERNMENT, April 30, 1996.

No. 2576 By Representatives TRAVAGLIO, ITKIN, BELARDI, SHANER, ROBERTS, READSFIAW, VAN HORNE, WALKO, TRELLO, LAUGHLIN, COLAIZZO, OLASZ and COLAFELLA

No. 2577 By Representatives STURLA, WOGAN. DEMPSEY, McGEEHAN, RAYMOND, KUKOVICH, BISHOP, CAPPABIANCA, CALTAGIRONE, SANTONI, SHANER, McCALL, VAN HORNE, WALKO, CARN, LAUGHLIN, MELIO, LUCYK, LEVDANSKY, TRELLO, BELARDI, JOSEPHS, CURRY, YOUNGBLOOD, TRAVAGLIO, OLASZ, SAINATO, PETRARCA, PISTELLA, COY and TANORETTI

An Act to promote the welfare of the people of this Commonwealth by rendering financial assistance to distressed areas, urban areas and enterprise zones engaged in promoting the development and expansion of business, industty and commerce; establishing the Targeted Urban Redevelopment Loan Assistance Program; creating the Targeted Urban Redevelopment Loan Assistance Fund; conferring powers and duties on the Department of Commerce; and making an appropriation.

Referred to Committee on COMMERCE AND ECONOMIC , DEVELOPMENT, April 30.1996.

HOUSE RESOLUTION INTRODUCED AND REFERRED

No. 348 By Representatives GEORGE, COLAFELLA, COLAIZZO, PESCI, COY, NAILOR, BOSCOLA, DONATUCCI, FARGO, READSHAW, BELARDI, HERSHEY, D. W. SNYDER, HERMAN, WALKO, SCRIMENTI, CAPPABIANCA, RUBLEY and KAISER

A Resolution directing the Environmental Resources and Energy Committee of the House of Representatives to conduct an investigation into the price increase in the cost of gasoline and diesel fuel.

Referred to Committee on RULES, April 30, 1996.

i MASTER ROLL CALL

The SPEAKER pro tempore. The Chair is about to take the master roll call. Members will proceed to vote.

The following roll call was recorded:

PRESENT-199

Adolph Allen A r e l l Armstrong Baker Bard Barley Banisto Behko-Jones Belardi Belfanti Birmelin Bishop Blaurn Boacola

Egolf Evans Fairchild Fajt Fargo Feesc Fichter Fleagle Flick Gamble Gannan Geist George Gigliotti Gladeek

I,ucyk L.ynch Maitland Major Mandrrino Markosek Marsico Masland Mayernik McCall McGrrhan McGill Mrlio Merry Michlovic

Santoni Sather Saylor Schrodcr Schuler Scrimenti Semmrl Serafini Shaner

w Shrehan Smith. 8. Smith, S. H. Snyder, D. W. Staback Stairs

LEGISLATIVE JOURNAL - HOUSE -

Boyes Brown Browne Bunt Butkovitr Buxton Caltagirone Cappabianca Carn Carone Cawlry Chadwick Civera

Godshall Gordner

Gruppo Habay Haluska Hanna Harhan Hasay Haste Hennessey Herman Hershey Hess

Micozie Mihalich Miller Mundy Myers Nailor Nickol Nyce O'Brien Olasz Oliver Perzel Prsci

Steelman Steil Stem Stetlrr Stish Strittmatter Sturla Sum Tangretti Taylor, E. 7.. Taylor. J. Thomas Ticue

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

BILLS RECOMMITTED

The SPEAKER pro tempore. The Chair recognizes the majority leader.

Mr. PERZEL. Mr. Speaker, 1 move that the following bills be recommitted to the Committee on Appropriations:

Clark Horsey Petrarca lravaglio CIymer Hutchinson Petrone Trich I HB 1872, PN 3 188; Cohen. L. I. ltkin Pettit True HB 2165. PN 2717: Cohm, M. Jadlowirc Phillips l.ulli Colafella James Pistella Vance Colairro Jarolin Pitts Veon Conti Joscphr Platts Vitali Cornell Kaiser Preston Walko Corpora Keller Ramos Washington

HB 2 3 8 2 ; ~ ~ 31311 HB 2386, PN 3 102; SB 29 1, PN 806; and SB 315,PN 325.

Canigan Krnncy Raymond Waugh King Readshaw W~lliams I On the question,

Courll rnv ~ i r k l m r l ~ e h c r Woean Will the House agree to the motion? -.., .... ~~

~ ~ . - ~ ~ ~-~ Curry Krebs Reinard Womiak ( Motion was agreed to. Dale,, Kukorich Riceer Wright. r). R. DeLucs LaGr~tta ~obens Wright, M. N Dempsey Laughlin Robinson Yrwcic Dent Lawless Roebuck Youngblood Drrmodv I.edcrer Rohrer Zirnmerman DeWeese Leh Rooncy Zug DiGirolamo I.e~covitz Rubley Dunatucci Levdansky Rud) Ryan. Uruce Lloyd Sainato Speaker Durham

NOT VOTING4

Farmer Gruitza l re l lo Van Horne

GUESTS INTRODUCED

The SPEAKER pro tempore. The Chair would like to welcome the students and facultv of the Mt. Camel Christian School, who are here today as guests of Representative James Shaner. They are located in the balcony. Please rise. Welcome to the hall of the House.

BILLS REMOVED FROM TABLE

The SPEAKER pro tempore. The Chair recognizes the majority leader.

Mr. PERZEL. Mr. Speaker, I move that the following bills be removed from the table and placed on the active calendar:

HB 1872, PN 3 188; HB2165, PN 2717; HB 2382, PN 3131; HB 2386, PN 3 102; SB 291, PN 806; and SB 315, PN 325.

GUESTS INTRODUCED

The SPEAKER pro tempore. The Chair would like to welcome, as guests or the speaker, the eight top winners of the PSPE (Pennsylvania Society of Professional Engineers) statewide MATHCOUNTS competition. The top team, from Radnor Middle School, includes Jonathan Chu, Seth Katz, Ethan Neil, and Alexander Schwartz. The other four students are Michael Church, Chawak Kaqe, Matthew Gamey, and Adam Diehl. They are here with their coach, Mrs. Karyl E. Maenza, and the executive director of MATHCOUNTS, Mr. John P. Seeley. They are seated to the lefl of the Speaker. Please rise. Welcome to the hall of the House.

The Chair would also like to welcome students and faculty of Luzeme County Community College. They are here today as guests of Representative Stan Jarolin of Luzeme County. They are seated in the balcony. Welcome to the hall of the House.

PENNSYLVANIA'S JUNIOR MISS PRESENTED

The SPEAKER pro tempore. The Chair would like to invite Representative Sheila Miller to come to the podium for the purpose of presenting a citation.

Does the gentleman, Mr. Rohrer, seek recognition first? Mr. ROHRER. Hello. Good moming. This moming it is my privilege to introduce

Pennsylvania's Junior Miss, who this year is from Berks County. Miss Kristi Schaeffer, who stands behind me, is Pennsylvania's new Junior Miss, and it is with real honor that this moming we recognize her great accomplishments, as she has earned this title.

Accompanying her this moming - and 1 would like to introduce them and have them stand as I read their name -are Kristi's father, George Schaeffer; her mother, Mary Jane Schaeffer; her sister, Jenna, to the left; and Pennsylvania's Junior Miss State chaperon, Ms. Brenda Bayliss. Thank you so much.

628 LEGISLATIVE J<

And in addition, down in front of me is Mr. Norm Adams, who is the chairman of the Berks County Junior Miss, Inc. Thank you, Norm.

We would like at this time to recognize Kristi with a citation, and it reads as follows:

"WHEREAS, Kristi L. Schaeffer is being honored as Pennsylvania's Junior Miss 1996; and

"WHEREAS, The daughter of George and Mary Jane Schaeffer, Kristi is ranked number one in her senior class at Governor MiRlin High School. She serves as a member of the student council, Governor Miflin Honor Society, is a National Merit Commended Student and was selected as Student of the Month for March 1996. In addition, she is a soloist dancer at Berks Ballet Theatre; ..."

Mrs. MILLER. "WHEREAS, Kristi L. Schaeffer dedicates her time and energies as a member of Berks Teen Institute, Future Business Leaders of America, Senior Executive Committee and as a cheerleader and tennis player. Her civic involvements include the Easter Seals, March of Dimes, the Heart Fund, Cystic Fibrosis, Church Soup Kitchen, and she is a Big Sister.

"NOW THEREFORE, The House of Representatives of the Commonwealth of Pennsylvania congratulates Kristi L. Schaeffer upon being named Pennsylvania's Junior Miss 1996; notes with pride the hard work and commitlnent which she manifested in earning this meritorious accolade; offers best wishes for continued success in all future endeavors; ..." and directs that a copy of this citation, sponsored by myself and Representative Sam Rohrer, be transmitted to Kristi L. SchaeTfer.

I would like you to join me in welcoming her, and in a moment, we are going to be asking her to just say a few words to this distinguished House of Representatives.

The SPEAKER pro tempore. The Chair is going to invite our Junior Miss, Kristi Schaeffer, to say a few words. 1 would like the members please to take their seats. The Sergeants at Arms will please clear the aisles.

Miss Schaeffer. Miss SCHAEFFER. Thank you very much for inviting me here

today. On behalf of the Junior Miss Program, I would like to thank you for this valuable opportunity for us to express our interest in furthering the advancement of young women.

Maybe I should explain a little bit about the Junior Miss Program. It is an emphasis on excellence in young women on local, State, and national levels. There are different categories of competition for the Junior Miss Program, and I want to emphasize, this is not a beauty contest, contrary to some belief. There is no swimsuit competition or anything of that sort. Contestants are evaluated on scholastic achievement, creative and performing arts talent, and a presence and composure category, among other things, and it is avery prestigious competition.

So thank you again, and I am pleased to be here today.

LOWER MERION HlGH SCHOOL ACADEMIC DECATHLON TEAM PRESENTED

The SPEAKER pro tempore. The Chair would like to invite the lady from Montgomery County, Representative Lita Cohen, to come to the podium for the purpose of presenting a citation.

Mrs. COIIEN. Thank you, Mr. Speaker. Ladies and gentlemen, today you get a twofer. It is a double

honor that we are presenting to all ofyou today.

TRNAL - HOUSE APRIL 30 As you know, I am a proud graduate of Lower Merion

High School, as are my two children, and you will hear in just a moment that my son was also a member of the Lower Merion High School basketball team, class of 1988, and also a member of the State championship soccer team in 1988. But not only are we good athletes in Lower Merion, we happen to be very, very smart.

Today I bring you the academic decathlon team from Lower Merion High School. This is the tifth year in a row that the academic decathlon team has won the State championship. They went on to Atlanta and placed fifth in the Nation in a national competition.

I would like to introduce the coach and the ~nembers J

of the team to my fellow members in the House. We have Coach Ceil Frey, who has coached these teams to many victories, and I want to introduce the members of the team, who are Shane Bristow - would you stand when 1 mention your name, please - Jason Cornwell, Jon Cristol, Karen Engel, Michelle Frazer, Mike Gelfand, Kevin Marshall, Etai Roth, and the grandson of Governor Shapp, Marc Shapp.

Ladies and gentlemen, 1 am proud to present to my fellow members the Lower Merion High School State championship academic decathlon team. Thank you. .

THE SPEAKER (MATTHEW J. RYAN) PRESIDING

LOWER MERION HlGH SCHOOL BASKETBALL TEAM PRESENTED

The SPEAKER. The Chair recognizes the lady, Mrs. Cohen. Mrs. COHEN. Thank you, Mr. Speaker. As I said before, we have a twofer today. It is a double pleasure

to present to the members of the House of Representatives the State champion basketball players h m Lower Merion High School.

We have a citation to present to the team, but I would certainly like to present the coach and the principal of the school to all of you as well as the members. We have Jack Maher sitting in the back, who is the principal. We have the coach of the team, Gregg Downer, and 1 will introduce you to all of the members of the State championship basketball team. I might mention that they won the championship defeating Erie Cathedral Prep, which also has a famous alum, whose name I will not mention.

Members of the team include coaches James Kiesennan, Drew Downer, Michael Egan, and Jeremy Treatman. The members of the team are Jermaine Griffin, David Lasman, Leo Stacy, Oral Williams, Omar Ilatcher, Kobe Bryant. Hrcndan Pettit, W David Rosenherg, Robby Schwanz, Alaivea Nuualitia, Emory Dabney, Phil Mellet, Dan Pangrazio. Cary Walker, and Kareem Barksdalc.

In the back and in the front, ladies and gentlemen, I present to you the Lower Merion High School State basketball champions.

CENTRAL HlGH SCHOOL ORCHESTRA PRESENTED

The SPEAKER. The Chair recognizes the gentleman from Philadelphia County, Mr. Roebuck, for the purpose of presenting a citation.

1996 LEGISLATIVE JOURNAL - HOUSE 629 Mr. ROEBUCK. Thank you, Mr. Speaker. It is my pleasure to honor today the Central High School of

Philadelphia Orchestra for its national and international achievements. Central High School is the second oldest public high school in the United States. It is a diverse student body who follow a college preparatory course, and 98 percent of its graduates go on to Cyear colleges and universities.

The United States Department of Education designates Central as one of the 15 outstanding high schools in the Nation, and just last month Redbook Magazine chose Central High School as the outstanding high school in the State of Pennsylvania. The orchestra manifests that excellence.

The orchestra has been honored in numerous ways. In July of 1991, the orchestra was invited to perform at the 20th International Youth and Music Festival in Vienna, Austria. Central Orchestra was one of the 19 chosen from the entire continent of North America, one of two representing the United States at that festival, and the only orchestra from Pennsylvania to perform.

In Vienna, the orchestra garnered the Mozart Award for its musical contribution to the festival and a special commendation tiom the Chairman of the Jury.

In 1994, Central Orchestra was the only orchestra selected from 170 unidentified audition tapes to perform at the Pennsylvania Music Educators Conference.

Last year, in 1995, the orchestra was invited to participate in the Bournemouth Music Festival in Bournemouth, England. Here it won five first prizes, including first prize for youth orchestra and first prize for string ensemble.

It is then my honor to present to the director of the orchestra, Steve Wilensky, a citation of the House. I am joined in this presentation by Mark Cohen, who is a fellow alumnus of Central, and by John Myers, whose district the school is in. Thank you very much.

CONEMAUGH TOWNSHIP AREA SCHOOL DISTRICT CHEERLEADERS PRESENTED I

The SPEAKER. The Chair recognizes the gentleman, Mr. Yewcic, for the purpose of presenting a citation.

Mr. YEWCIC. Thank you, Mr. Speaker. It certainly is my pleasure to have two State championship

cheerleading squads from one school, one area school district. Conemaugh Township Area School District in Somerset County.

Representing the high school cheerleading squad are Anne Rice, Susan Witkosky, and Nikki Yacynych, and they are coached by Theresa Formica. The Pee Wee 1905 State cheerleading championships are represented by Jenna Yoder, Amy Rummel, and Cheryl Thomas. They are coached by Michelle Dillon and Barb and Brian Rummel.

It is certainly a pleasure to stand here and recognize the outstanding achievements that our youth have done this year and recognize the spirit of competition, the personal sacrifice, and the co~nmitment to a goal and unity of purpose which they have achieved in winning a State championship. and I would like to recognize them for their outstanding efforts in bringing home two State titles to one school district. I think that is a well-accomplished goal and feat, and I am certainly proud of them.

Again, congratulations. Thank you.

GUESTS INTRODUCED

The SPEAKER. The Chair at this time would like to introduce to the members of the House Mr. Charles Liao, the Deputy Director General of the Taipei Economic and Cultural Office, and Jerry Chang, assistant to the Director General. They are the guests of Representatives Lescovitz, Snyder, and DeWeese. They are seated to the left of the Speaker on the podium. Would these gentlemen please rise.

The Chair is pleased to welcome to the hall of the House, as a guest page of Representative Washington, Taah Irvine. Would the guest page please rise. Taah.

ADDITIONS AND DELETIONS OF SPONSORS

The SPEAKER. The Chair acknowledges receipt of additions and deletions for sponsorships of bills, which the clerk will file.

(Copy of list is on file with the Journal clerk.)

CALENDAR

BILL ON SECOND CONSIDERATION

The following bill, having been called up, was considered for the second time and agreed to, and ordered transcribed for third consideration:

BILLS ON THIRD CONSIDERATION

BILLS PASSED OVER

The SPEAKER. SB 1047 is over. SB 975 is over. Page 2 of today's calendar. HB 1026, HB 647, and HB 2362

are over. The Chair hears no ob.jection.

The House proceeded to third consideration of HB 2401, PN 3213, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for bad checks.

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

The SPEAKER. This bill has been considered on three 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.

630 LEGISLATIVE J(

YEAS-199

Adolph Allen Argall Armstrong Baker Bard 62x19 Banisto Bebko-Jones Belardi Belfanti Birmelin Bishop Blaum Boswla Bayes Brawn Brawne Bunt Butkovitr Bunton Caltagirone Cappabianca Cam Carone Cawley Chadwick Civera Clark Clymer Cohm, L. I. Cohm, M. Colafella Colaiua Conti Cornell copra Corrigan Cowell COY curry Daley DeLuca Dempsey Dent D-ody DeWecse DiGirolamo Donahlcci D N C ~ Durham

Egolf Evans Fairchild Fajt Fargo Feese Fichter Fleagle Flick Gamble Gannon Geist Gmrge Gigliaui Gladeck Godshall Gordner GNPP~ Habay Haluska Hanna Harhart Hasay Haste Hennessey Herman Hershey Hess Horsey Hutchinson ltkin Jadlowiec James

Lucyk Lynch Maitland Majw Manderino Markosek Mmico Masland Mayrmik McCall McGeehan McGill Melia Merry Michlovic Micouie Mihalich Miller Mundy Myers Nailor Nickol NY= O'Brien Olasz Oliver Perzel Pexi Petrarca Petrone Penit Phillips Pistella

larolin Pins Josephs Plans Kaiser Preston Keller Ramos KeMey Raymond King Readshaw Kirkland Reber Krehs Reinard Kukovich Rieger LaGrotta Roberts Laughlin Rohinson Lawless Roebuck Ledere Rohret Leh Rooney Les~ovit~ Rubley Levdansky Rudy Lloyd Sainaro

Sanloni Sather Saylor Schroder Schuler Scrimenti Semmel Serafini Shaner Sheehan Smith, B. Smith, S. H. Snyder, D. W Staback Sfairs Steelman Steil Stem Stetler Stish Strinmaner Sturla Surra Tangetti Taylor, E. Z. Taylor, J. Thomas Tigue Travaglio Trich True Tulli Vance vem Vitali Walko Washingon Waugh Williams wogan Womiak Wright, D. R. Wright, M. N. Yewcic Youngblood Zimmerman zug

Ryan, Speaker

NOT VOTING4

Farmer Gruitza Trello Van Home

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

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

URNAL - HOUSE APRIL 30

BILLS PASSED OVER 4

The SPEAKER HB 2449 on page 2 is over. On page 3, HB 2488, SB 790, SB 856, and SB I I71 are over.

The Chair hears no objection.

The House proceeded to third consideration of SB 1172, PN 1369, entitled: -rl

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes. further providing for corrupt organizations.

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

Mr. MASLAND offered the following amendment No. A2083: . Amend Sec. 1, page 1, line 6 , by insertingafter"91 l(h)(l)"

and (3) Amend Sec. I, page I, line 7, by striking out "is amended and

inserting are amended and the section is amended by adding a paragraph

Amend Sec. 1 (Sec. 91 I), page 2. line 7, by inserting brackets before and after "motor vehicle"

Amend Sec. I (Sec. 91 1). Daze 2. line I I . bv inserting brackets ,. . " . , - before and after "perjuty and other"

Amend Sec. I (Sec. 911). page 2, line 12, by inserting brackets before and after "in official matters" and inserting immediately thereafter

and intimidation Amend Sec. I (Sec. 91 I), page 3, by inserting behveen lines 6

and 7 (3) "Enterprise" means any individual, partnership,

corporation, association or other legal entity, and any union or group of individuals associated in fact although not a legal entity, ; engaged in commerce, and includes legitimate as well as illeaitimate entities and eovernniental entities.

* * * (8) "Oreanired crime" means any person or combination

of Dersons engaging in or having the uumose of engaging in, conduct which violates any ~rovision of subsection (b). and also includes "or~anized crime" as defined in section 5702 (relatine, to definitions).

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

The SPEAKER. The Chair recognizes the gentleman, Mr. Masland.

Mr. MASLAND. Thank you, Mr. Speaker. I will be very brief on this. The tirst part of the amendment, lines 1 through 14, deal with

mere technicalities. The second part is the one that I would like you to pay attention to briefly.

In an April 17 decision, our Supreme Court, by a 440-3 vote, w

decided that the Pennsylvania Cormpt Organizations Act did not apply to those compt organizations who were wholly engaged in illegal activities. In other words, they said a compt organization had to also be involved in legitimate business enterprises for that

1996 LEGISLATIVE dC p~ --

to come under the puwiew of the Corrupt Organizations Act. That is contrary to every other State that has interpreted a similar statute. That is contrary to the United States Supreme Court interpreting the RICO (Racketeer Influenced and Compt Organizations) statute, and I think it sets up the anomalous situation where you could have a business - a business, I say - engaged in loan-sharking, prostitution, thett, you name it, and they would be immune from prosecution.

That was not the intent, I do not believe, of this legislature back in 1970 when the act was passed. I do not think it is our intent today, and 1 think we ought to join with Chief Justice Nix in his dissenting opinion, along with Justices Castille and Sandra Schultz Newman, and change our act so that the rest of the Supreme Court understands what we intend. Thank you.

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

The following roll call was recorded:

Adolph Allen Argall Armstrong Baker Bard Barlcy Battisto Behko-Jones Belardi Belfanti Birmclin Bishop Biaurn Bosfola Boyes Brown Bro\+ne Runt Butkovit~ Buhton Caltagironc Cappahianca Carn Caronr Cawle) Chaduick Cibera Clark Clymer Cohen. I.. I. Cohsn. M. Culafrlla Colai~ro Conti Cornell Corpora Coriigan Co\%ell Cob Curp 1)alcy I)rl.t~ca Dempsey Llcnt 1)crrnod) DeUccx Ili(~irolnmo

Cgolf Evans Fairchild Fajt Fargo Frese Fichter Fleagis Flick Gamble Gannon Grist George Gigliotti tiladrck Godahall Gordner tiruppo Hahay I3aluska Hanna Harhart t lasay Haste Hennessey Herman Hrrshey tlccs Hurscy tiutchinbon ltkin Jadlouisc James Jaiolin .loscphs K a i w Kelluv Kennsy King Kirkland Krehs Kulobich ILaGrotta 1.aughlin I_BWBSS Lcdcrcr I.ch 1.cscovitr

Luc) k Ljnch Msitland Major Manderina Markosek Marsico Masland Mayernik McCall McCicehan McCiiIl Melio Merry Michlovic Miconic Mihalich Miller Mundy Myers Nailor Nickol Nyce O'Bricn Olasz Oliver Perrcl Pesci Pnrarca Pelrone l'etlit Phillips Pislclla Pills Platts Preston Ram05 Ila).mond Readshaw Rrhcv Rrinard Risgsr Robcns Rvbinnon Roebuck Rohrer Roone) Ruhlc)

Sank,"; Sather Saylor Schroder Schuler Scrimenti Sernmel Scraiioi Shaner Sheehan Smith. B. Smith, S. H. Snyder, I). W Staback Stairs Steelman Stcil Stern Stctlcr Stish Saittmattcr Sturla Suna Tangreni Taylor, li. Z. Taylor, J. Thomas Tigue Truvaglio Trich True I'ulli Vance Veon Vimli Walko Washington Waugh Williams Wogan Womiah Wright. I). R. Wright. M. N. Ycucic Youngblood Zirnmnlnan zug

URNAL - HOUSE 631 Donatucci Levdansky Rudy Ryan, Druce Lloyd Sainato Speaker Durham

NAY S-O

NOT VOTING4

EXCUSED-4

Farmer Gruitza Trello Van Home

The majority having voted in the aff~rmative, the question was determined in the affirmative and the amendment was agreed to.

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

amended? Bill as amended was agreed to

The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage.


nays will now he taken.

Adolph Allen Argall Armstrong Baker Bard Barley Rattisto Llehko-Jones Belardi Helfanti Rirmelin Bishop Blaum Boscola Boyes Hrnwn Rrowne Bunt Butkovitr Bunton Caltagirone Cappabianca Cam Camne Cawley Chadwick Civcra Clark Clytner Coh'n. 1.. I. Cohcn, M. Colafulla Colaizxl Conri Cornell Corpura Corrigan C0wl.ll C")

Egolf Evans Fairchild Fajt Fargo Feese Fichter Fleagle Flick Gamble Ciannon Geist George Gigliotti Gladeck Godshall Gordner Gruppo Habay Haluska Hanna Ilarharl Hasay Haste Hennesrey Herman Clershey Hess tlolscy tlulchinson Itkin Jadlowiec James Jerolin Jasephs Kaiser Kcllrr Kenncy King Kirkland

I.ucyk Lynch Maitland Major Manderino Markosek Marsico Masland Mayernik McCall McGsehan McGill Melio Merry Michlnvic Micoz i r Mihalich Miller Mundy Myers Nailor Nickol Nyce O'Brien Olasz Oliver Perrel Pesci Petrarcs Pctrone l'ettit Phillips Pistrlla l'itts Platls Preston Ramos Raymond Kcadshaw Rebcr

Sanloni Sather Saylor Schrader Schuler Scrimenti Semmel Serafini Shaner Shcehan Smith. B. Smith. S. tl. Snyder, [I. W Staback Stairs Steelman Stril Stern Stetler Stish Strittmattrr Sturla Surra Tmgretti Taylor, E. 7. Taylor, J. lhomas Tiguc Travaglio 'lrich True Tulli Vance Vson Vitali Walko Washington Wvuph Williams wogan

LEGISLATIVE JOURNAL - HOUSE APRIL 30 curry Daley DeLuca Dempsey Dent Dermody DeWeese DiGirolama

Krebs Kukovich LaGrotta Laughlin Lawless Lederer Leh Lescovitz

Reinard Wamiak Rieger Wright, D. R. Roberts Wright, M. N. Robinson Yewcic Roebuck Youngblood Rohrer Zimmermm Rwney zug Rubley

Donatueci Levdansky Rudy Ryan, Druce Lloyd Sainato Speaker Durham

NOT VOTING4

Farmer Gruitza Trello Van Horne


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.

BILLS PASSED OVER

The gentleman is recognized on the bill. The gentleman, Mr. James, wants to be recognized after the

vote is taken; is that what he said? Mr. JAMES. Yes. I am going to draw a resolution up which

w will be similar to what I wanted to do in terms of-

The SPEAKER. The Chair apologizes to the gentleman.

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

The SPEAKER. This bill has been considered on three different 4 days and agreed to and is now on final passage.


nays will now be taken.

Adolph Allen Argall Armstrong Baker Bard Barley Banisto Bebko-Jones Belardi Belfanti Birmelin Bish

Egolf Evans Fairchild Fajt Farm . Fecsc Fichter Fleaglr Flick Gamble Gmnon Geist G a ~ e e

Lucyk Lynch Maitland Major Manderino Markosek Marsico Marland Mayrrnik McCall

Santoni Sathrr Saylor Schroder Schulcr Scrimenti Scmmel Srrafini Shaner Shcehan Smith, B. Smith. S. tl. Snyder. D. W

I Browne Gruppo Miller Stern

The SPEAKER. All the bills on page 4 are over.

* * *

C. .- Blaum , , g ~ ~ ~ t t ~ Merry staback Boscola Gladrck Michlovic Stairs Boyes Godshall Micouie Stcelman Brown Gordner Mihalich Steil

~~~ ,

On the question, Cawlry Hermm Oliver Taylor, J. Chadwick Ilcrshey PerA Thomas

Will the House agree to the bill on third consideration? Civera Hess Pesci Tieuc

The House proceeded to third consideration of HB 2422, PN 3341, entitled:

An Act amending Title 5 (Athletics and Sports) of the Pennsylvania Consolidated Statutes. ~rovidine for HIV-related testine for boxers.

The SPEAKER. It is the understanding of the Chair the gentleman, Mr. James, has an amendment that was filed late and will require a suspension of the rules to be considered. Has it been distributed?

Mr. JAMES. I lefl it up front. Mr. Speaker. I gave them 203 copies. I do not know ifthey have distributed it yet.

~~''~ovitz Habay Mundy Staler I laluska Myers Stish

Buxton Hanna Nailor Strittmattrr Caltagirone Harhart Nickol Slurla cappabianca Hasay Nyce Surra Carn Haste O'Brien l'aneretti

The SPEAKER. The gentleman, Mr. James, moves that the rules of the House be suspended to permit him to offer amendment A2049 to HE 2422. Is that accurate?

Mr. JAMES. Mr. Speaker, I talked to the maker of the other bill, and it is his view, and afler discussion with him, I think I am going to withdraw the amendment, because my objection is just for the safety of boxen, to get them to use headgear in all boxing. I do not want to damage the bill, so in that regard, I am going to withdraw the amendment and then propose a resolution later.

The SPEAKER. All right. The gentleman then does not move for the suspension of rules. Is that accurate'?

Clark Clymer Cohen, L. I. Cohcn, M. Colafella Co la im Conti Cornell Corpora Corrigan Cowell

COY Curr). Daley Del.uca Drmpsey Dent Dermody DeWeese DiGirolamo Donatucci Druce I)urham

Horsey Hutchinson ltkin Jadlowirc James larolin Josrphs Kaiser Krllcr Kenney King Kirkland Krebs Kukovieh LaGrotla Laughlin Lawlrss Lrderer Lrh I .e?~c~vitz

I'ctrarca Petrone Pettit Phillips Pistella i'itts Platts I'reston Ramas Raymond Rcadshar Reber Ileinard Rirger Rabrns Robinson llochuck Rohrer Roonry Rublcy Rudy Sainalo

. Travaglio Trich True Tulli Vance vron w Vitali Walko Washington Waugh Williams Wo~an Worniak Wright, D. R. Wright. M. N. Yewcic Youngblmd Zimmerman

V zug

Ryan, Speakel

LEGISLATIVE JOURNAL - HOUSE N A Y S 4

NOT VOTING4

E X C U S E W

Farmel. Gruitza Trello Van Horne



BILLS PASSED OVER

The SPEAKER. HB 1865 and SB 222 are over. The Chair hears no objection.

BILL ON FINAL PASSAGE James

The House proceeded to consideration on final pa5sage of HB 2295, PN 3212, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for copying and recording devices; and providing for unlawful operation of a recording device in a motion picture theater.

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.

Adolph Allen Argall Armstrong Baker Bard Barley Hattisto Rehko-.lanes Belardi Beltinti Birmelin Bishop Hlaum Roscola Royrs Brown Brownr Bunt Bu&uvi l~ Huxton Caltagironr Cappahivnca Cain Carone Cawlcy Chaduick

Durham Egalf Evans Fairchild Fait Fargo Feesr F i ~ h t ~ r Fleagle Flick Gamble Cannon Geist George Gigliotti Ciladcck Godshall Gordner ( i rup~, Haba) I laluska I Ianna Ilarhan H a q tlaste Hsnncssr) Hcrmsn

Lynch Maitland Major Manderino Markoiek Marsico Masland Mayrrnik McCall McCirehsn Mcciill Mrl io Mcry Michlovic Micorrie Mihalich Millcr Mundy Myers Nailor Nickol Nyce O'Brirn Olasz Oliver Perrel Pesci

Sather Saylor Schrader Schuler Scrimenti Semmrl Srratini Shaner Sheehan Smith, B. Smith. S. H. Snyder. 0 . W. Staback Slairs Steelman Steil Stern Stetler Stish Strittmatter St~lrla Sum 'langretti Taylor. C. Z. 'la) lor, .I Thumas Tigue

Civera Clark Clymer Cohen. I,. 1. Cohen, M. Colafella Colaizo Conti Cornell Corpora Corrigan Cawell COY Cuny Dalry Del.uca Dempsey Dent Derrnody DeWerse Ditiirolamo Donatucci Druce

Hershey Hess Horsey Hutchinson ltkin Jadlowiec Jarolin Kaiser Keller Kenney King Kirkland Krebs Kukovich LaGrotta Laughlin Lawless Ledrrcr Leh I-esc~vitz 1.evdansky Lloyd Lucyk

Josephs

Petrarca Petrone Pettit Phillips Pistella Pittr Platts Preston Ramos Raymond Readrhaw Reber Reinard Rieger Robens Robinson Roebuck Rohrer Rooney Rubley Rudy Sainato Santoni

NAY S-2

NOT VOTING4

EXCUSED4

Travaglio Trich True Tulli Vance Veon Vitali Walko Washington Waugh Williams Wogan Womiak Wright. D. R. Wright. M. N. Yewcic Youngblood Zimmerman Zug

Ryan, Speaker

Farmer Fruitra Trello Van Horne

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


GUESTS INTRODUCED

The SPEAKER. The Chair at this time is pleased to welcome to the hall of the House, as guest pages of Representative Julie Harhart, Daria Harbove and Rebecca Kucharik, who are guest pages seated in front of the Speaker here. Would these guest pages please rise.

As a guest page of Representative Sather of Huntingdon County, we have Adam Kupchella, who is doing career shadowing day. I am not sure just what that is or that I approve of it, at least in my case, but Adidm is here from Huntingdon High School, I guess shadowing Representative Sather. Adam, would you please rise so that we see just who you are.

I REPUBLICAN CAUCUS

The SPEAKER. The Chair recognizes the gentleman, Mr. Fargo. for the purpose of making an announcement on the Republican caucus schedule.

Mr. FARGO. Thank you, Mr. Speaker. There will be a Republican caucus tomorrow at 10 o'clock.

This is an important caucus because we will be talking about the bills that we will be voting later in the day. So tomorrow at 10 o'clock, a Republican caucus. Thank you.

634 LEGISLATIVE JOURNAL - HOUSE APRIL 30

DEMOCRATIC CAUCUS I VOTE CORRECTIONS

The SPEAKER. The gentleman, Mr. Cohen. Mr. COHEN. Thank you, Mr. Speaker. Mr. Speaker, I would like to remind the Democrats we also will

have a caucus at 10 a.m. tomorrow. The SPEAKER. Both caucuses will meet tomorrow moming at

10 a.m.

BILLS REPORTED FROM COMMITTEES, CONSIDERED FIRST TIME, AND TABLED

HB 2024, PN 3447 (Amended) By Rep. GODSHALL

An Act establishing grounds upon which innkeepers may deny accommodations, facilities or privileges of a lodging establishment to any person who is unable or unwilling to pay for accommodations and services, to any person who is visibly intoxicated or who is disorderly so as to create a public nuisance, to any person who an innkeeper reasonably believes is seeking accommodations for any unlawful purpose, and to any penon who an innkeeper reasonably believes is bringing upon the lodging establishment property which may be dangerous to other persons; allowing an innkeeper to limit the number of persons who shall occupy any particular guest room of a lodging establishment; providing for the posting of notice relative to this statute; and providing for penalties.

TOURISM AND RECREATIONAL DEVELOPMENT.

HB 2468, PN 3248 By Rep. GANNON

An Act amending Title 42 (Judiciaty and Judicial Procedure) of the Pennsylvania Consolidated Statutes, increasing the statute of limitations for rape.

JUDICIARY.

HB 2551, PN 3407 By Rep. GANNON

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, making the appearance in public while under the influence of a controlled substance an offense.

JUDICIARY

The SPEAKER. The Chair recognizes the gentleman from ...I' Washington County, Mr. Daley.

Mr. DALEY. Thank you, Mr. Speaker. I rise to correct the record. The SPEAKER. The gentleman is in order. Mr. DALEY. On HR's 341,343, and 345,l was out of my seat.

If 1 was in my seat, I w~ould have been voted in the affirmative. Thank you, Mi. Speaker.

The SPEAKER. The remarks of the gentleman will he spread upon the record. d

JUDICIARY.

RULES COMMITTEE MEETING

The SPEAKER. There will be an immediate meeting of the Rules Committee at the majority leader's desk.

REMARKS SUBMITTED FOR THE RECORD

The SPEAKER. The gentleman, Mr. Remard, from Bucks. Mr. REINARD. Thank you, Mr. Speaker. Mr. Speaker, I have some comments I would ltke to submit as

a matter of record. The SPEAKER. The gentleman shall submit them.

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 name of Adam James Shimborski, who has recently been awarded Scouting's highest honor - Eagle Scout.

Mr. Speaker, I would like to read to the Members of the House of Representatives the following Citation of Merit honoring Adam James Shimborski. -

Whereas, Adam James Shilnbonki has 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 pan of this young man. He is a member of Troop 130.

Now therefore. Mr. Soeaker and the Members of the House of

A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for trial by jury and waiver of this right.

w BILL ON CONCURRENCE

I REPORTED FROM COMMITTEE

HB 294. PN 3290 Bv Reo. PERZEL , . SB 1254, PN 1947 By Rep. GANNON

An Act amending the act of July 2 8 , 1953 (P.L..723, No.230). known An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing fur the ofrenses of lwssessing instruments of crime and corruption of minors.

as the Second Class County Code, further providing ibr expenses of count) officers for attend~ng certain lneetlngs and for coroner's investigations

w JUDICIARY

1996 LEGISLATIVE JOURNAL - HOUSE 635 I

RESOLUTION REPORTED FROM COMMITTEE I

HR 328, PN 3351 By Rep. PERZEL I A resolution declaring May 2, 1996, as "National Day of Prayer" in

Pennsylvania.

RULES.

The SPEAKER. With the exception of housekeeping votes, there will be no further votes of substance taken today.

BlLL REMOVED FROM TABLE I The SPEAKER. The Chair recognizes the majority leader. Mr. PERZEL. Mr. Speaker, I move that HB 2388 be removed

from the table.


BlLL RECOMMITTED I The SPEAKER. The Chair recognizes the majority leader. Mr. PERZEL. Mr. Speaker, I move that HB 2388 be

recommitted to the Committee on Appropriations.


RESOLUTIONS PASSED OVER I The SPEAKER. Without objection, all remaining resolutions

on today's calendar will be passed over. The Chair hears no objection.

ADJOURNMENT I The SPEAKER. Do either of the floor leaders have any fixther

business in regular session? Do committee chainnen have any announcements or other members have announcements in regular session? Any corrections of the record in regular session?

Hearing none, the Chair recognizes the gentleman from Northampton County, Mr. Corpora.

Mr. CORPORA. Mr. Speaker, I move that this House do now adjourn until Wednesday, May I, 1996, at 1 1 :05 a.m., e.d.t., unless sooner recalled by the Speaker.

On the question, Will the House agree to the motion'? Motion was agreed to, and at 12:12 p.m., e.d.t., the House

adjourned.

commonwealth of pennsylvania legislative journal · 4/30/1996 · commonwealth of pennsylvania...

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