COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL · 2011-09-26 · PASTOR DOUGLAS E. TURNER, Guest Chaplain of the House of Representatives, offered the following prayer: Blessed

COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

TUESDAY, MAY 3, 2011

SESSION OF 2011 195TH OF THE GENERAL ASSEMBLY No. 31

HOUSE OF REPRESENTATIVES The House convened at 11 a.m., e.d.t.

THE SPEAKER (SAMUEL H. SMITH) PRESIDING

PRAYER

The SPEAKER. This morning's prayer will be offered by Pastor Douglas E. Turner, Bradford Woods Community Church in Bradford Woods, PA. PASTOR DOUGLAS E. TURNER, Guest Chaplain of the House of Representatives, offered the following prayer: Blessed are You, O Lord of all creation. On this day of legislative effort in the halls of this building and in the seats of this Assembly, grant wisdom and patience to these Representatives of our citizens. Guide those who seek justice in day-to-day deliberations and decisions. From Valley Forge to Gettysburg to Shanksville, we are reminded of the courageous sacrifice of those whose service has preserved our Commonwealth in partnership with our nation. From the ripples and waves of Lake Erie to the steady flow of the Delaware River, be with each inhabitant of our Commonwealth as well as our visitors. By Your grace may they be protected with compassion and mercy and may each administrator and each staff person in this Capitol Complex be encouraged by a climate of cooperation, renewed by Your spirit for the Commonwealth of Pennsylvania in honor of You. Amen.

PLEDGE OF ALLEGIANCE

(The Pledge of Allegiance was recited by members and visitors.)

JOURNAL APPROVAL POSTPONED

The SPEAKER. Without objection, the approval of the Journal of Monday, May 2, 2011, will be postponed until printed.

BILLS REPORTED FROM COMMITTEES, CONSIDERED FIRST TIME, AND TABLED

HB 8, PN 1706 (Amended) By Rep. GEIST An Act amending Title 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, further providing for schedule of convictions and points; and prohibiting the operation of motor vehicles while using interactive wireless communication devices.

TRANSPORTATION.


Consolidated Statutes, further providing for junior driver's license, for learners' permits, for suspension of operating privilege and for restraint systems.

TRANSPORTATION.

HB 135, PN 1710 (Amended) By Rep. MARSICO An Act amending the act of November 22, 1978 (P.L.1166,

No.274), referred to as the Pennsylvania Commission on Crime and Delinquency Law, further providing for the Pennsylvania Commission on Crime and Delinquency, for powers and duties of the commission, for duties of the commission relative to criminal statistics, for duties of public agencies and officers in reporting criminal statistics, for the Juvenile Justice and Delinquency Prevention Committee, for powers and duties of the Juvenile Justice and Delinquency Prevention Committee, for Targeted Community Revitalization and Crime Prevention Advisory Committee and for powers and duties of Targeted Community Revitalization and Crime Prevention Advisory Committee.

JUDICIARY.

HB 170, PN 114 By Rep. GEIST An Act amending Title 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, further providing for driving on right side of roadway, for overtaking vehicle on the left, for no-passing zones, for required position and method of turning and for minimum speed regulation.

TRANSPORTATION.

HB 267, PN 220 By Rep. MARSICO An Act amending Title 42 (Judiciary and Judicial Procedure) of

the Pennsylvania Consolidated Statutes, further providing for installment payment plans.

JUDICIARY.

824 LEGISLATIVE JOURNAL—HOUSE MAY 3

HB 815, PN 1711 (Amended) By Rep. MARSICO An Act amending Title 18 (Crimes and Offenses) of the

Pennsylvania Consolidated Statutes, further providing for the offense of sexual abuse of children; and defining the offense of sexting by minors.

JUDICIARY.


Consolidated Statutes, further providing for definitions; providing for regulation and operation of neighborhood electric vehicles; and further providing for operation of vehicle without official certificate of inspection.

TRANSPORTATION.


Consolidated Statutes, further providing for the offense of careless driving; establishing the Driver Distraction Awareness Fund; and providing for additional duties of the Department of Transportation.

TRANSPORTATION.

HB 1219, PN 1329 By Rep. GEIST An Act designating a bridge on that portion of State Route 2011

over the East Branch of Sideling Hill Creek, Monroe Township, Bedford County, as the Donald H. Clark Memorial Bridge.

TRANSPORTATION.

HB 1352, PN 1712 (Amended) By Rep. MARSICO 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 background checks of prospective employees and conviction of employees of certain offenses.

JUDICIARY.

BILLS REREPORTED FROM COMMITTEE

HB 148, PN 1542 By Rep. ADOLPH An Act amending the act of April 12, 1951 (P.L.90, No.21),

known as the Liquor Code, further providing for definitions, for hotel, restaurant and club liquor licenses, for sales by liquor licensees and restrictions and for unlawful acts relative to liquor, malt and brewed beverages and licensees.

APPROPRIATIONS. HB 584, PN 561 By Rep. ADOLPH An Act designating the Claysville Interchange of Exit 6 on

Interstate 70 in Washington County as the Sergeant Nathan P. Kennedy Memorial Interchange.

APPROPRIATIONS.

HB 585, PN 562 By Rep. ADOLPH An Act designating a bridge in Carroll Township, Washington

County, as the Stanley Jurgaitis Memorial Bridge.

APPROPRIATIONS. HB 586, PN 563 By Rep. ADOLPH An Act designating the Donora-Monessen Bridge in Washington

and Westmoreland Counties as the Stan Musial Bridge.

APPROPRIATIONS. HB 860, PN 898 By Rep. ADOLPH An Act amending Title 34 (Game) of the Pennsylvania

Consolidated Statutes, in protection of property and persons, further providing for hunting or furtaking prohibited while under influence of alcohol or controlled substance and for chemical test to determine amount of alcohol.

APPROPRIATIONS. HB 869, PN 907 By Rep. ADOLPH An Act amending Title 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, further providing for drivers in funeral processions.

APPROPRIATIONS. HB 1022, PN 1705 By Rep. ADOLPH An Act amending Title 42 (Judiciary and Judicial Procedure) of

the Pennsylvania Consolidated Statutes, in limitation of time, further providing for the period of limitation relating to claims of adverse possession under certain circumstances; and providing for uniform notice, for mesne profits and for reimbursement.

APPROPRIATIONS.

SENATE MESSAGE

RECESS 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, May 2, 2011 RESOLVED, (the House of Representatives concurring), Pursuant to Article II, Section 14 of the Pennsylvania Constitution, that when the Senate recesses this week, it reconvene on Monday, May 9, 2011, unless sooner recalled by the President Pro Tempore of the Senate; and be it further RESOLVED, Pursuant to Article II, Section 14 of the Pennsylvania Constitution, that when the House of Representatives recesses this week, it reconvene on Monday, May 9, 2011, unless sooner recalled by the Speaker of the House of Representatives.

2011 LEGISLATIVE JOURNAL—HOUSE 825

Ordered, That the clerk present the same to the House of Representatives for its concurrence. On the question, Will the House concur in the resolution of the Senate? Resolution was concurred in. Ordered, That the clerk inform the Senate accordingly.

LEAVES OF ABSENCE

The SPEAKER. The Speaker turns to leaves of absence and recognizes the majority whip, who requests a leave of absence for the gentleman, Mr. LAWRENCE, from Chester County for the day; the gentleman, Mr. MICCARELLI, from Delaware County for the day; and the gentleman, Mr. SCHRODER, from Chester County for the day. Without objection, the leaves will be granted. The Speaker recognizes the minority whip, who requests a leave of absence for the gentleman, Mr. MULLERY, from Luzerne County for the day. Without objection, the leave is granted.

MASTER ROLL CALL

The SPEAKER. The Speaker is about to take the master roll call. The members will proceed to vote. The following roll call was recorded: PRESENT–197 Adolph Donatucci Killion Rapp Aument Dunbar Kirkland Ravenstahl Baker Ellis Knowles Readshaw Barbin Emrick Kortz Reed Barrar Evankovich Kotik Reese Bear Evans, D. Krieger Reichley Benninghoff Evans, J. Kula Roae Bishop Everett Longietti Rock Bloom Fabrizio Maher Roebuck Boback Farry Mahoney Ross Boyd Fleck Major Sabatina Boyle, B. Frankel Maloney Saccone Boyle, K. Freeman Mann Sainato Bradford Gabler Markosek Samuelson Brennan Galloway Marshall Santarsiero Briggs Geist Marsico Santoni Brooks George Masser Saylor Brown, R. Gerber Matzie Scavello Brown, V. Gergely McGeehan Shapiro Brownlee Gibbons Metcalfe Simmons Burns Gillen Metzgar Smith, K. Buxton Gillespie Micozzie Smith, M. Caltagirone Gingrich Millard Sonney Carroll Godshall Miller Staback Causer Goodman Milne Stephens Christiana Grell Mirabito Stern Clymer Grove Moul Stevenson Cohen Hackett Mundy Sturla Conklin Hahn Murphy Tallman Costa, D. Haluska Murt Taylor Costa, P. Hanna Mustio Thomas Cox Harhai Myers Tobash Creighton Harhart Neuman Toepel Cruz Harkins O'Brien, D. Toohil Culver Harper O'Brien, M. Truitt Curry Harris O'Neill Turzai Cutler Heffley Oberlander Vereb Daley Helm Parker Vitali

Davidson Hennessey Pashinski Vulakovich Davis Hess Payne Wagner Day Hickernell Payton Waters Deasy Hutchinson Peifer Watson DeLissio Johnson Perry Wheatley Delozier Josephs Petrarca White DeLuca Kampf Petri Williams Denlinger Kauffman Pickett Youngblood DePasquale Kavulich Preston Dermody Keller, F. Pyle Smith, S., DeWeese Keller, M.K. Quigley Speaker DiGirolamo Keller, W. Quinn ADDITIONS–0 NOT VOTING–0 EXCUSED–6 Hornaman Miccarelli Schroder Swanger Lawrence Mullery LEAVES ADDED–2 Maher O'Brien, D. LEAVES CANCELED–3 Mullery O'Brien, D. Schroder The SPEAKER. One hundred and ninety-seven members having voted on the master roll call, a quorum is present.

GUESTS INTRODUCED

The SPEAKER. The Speaker would like to recognize some of the guests that we have with us today. Located to the left of the rostrum, the Speaker welcomes Rebecca Zaneski, the 2011 Miss Luzerne County Outstanding Teen, and along with Rebecca is her mother, Linda Zaneski. They are here at the Capitol today participating in the American Heart Association's Advocacy Day, and they are guests of Representative Karen Boback. Will our guests please rise and be recognized. Also to the left of the Speaker, as a guest of Representative Kavulich, is John J. McGovern, Jr. John, welcome to the House. And located in the rear of the House, the Speaker welcomes the Delta Sigma Theta Sorority, who are guests of Cherelle Parker.

STATEMENT BY MISS PARKER

The SPEAKER. For what purpose does the gentlelady, Miss Parker, rise? Miss PARKER. Unanimous consent, Mr. Speaker. The SPEAKER. The lady is recognized under unanimous consent. I would just appreciate if we could keep it kind of short. I would like to get through some of the other introductions because we have a lot of guests here today, but the lady may proceed. Miss PARKER. Thank you for your courtesy, Mr. Speaker. I just wanted to note how extremely proud I am today to recognize the ladies of Delta Sigma Theta Sorority, Inc. Delta was founded on January 13, 1913, by 22 college women on the


campus of Howard University. Today we have over 250,000 members and over 1,000 chapters across the world, Mr. Speaker, not just in the United States, and today they are red and ready. Delta stepped to the State Capitol, and we welcome you and thank you, soros, for being here.

GUESTS INTRODUCED

The SPEAKER. And additionally, in the rear of the House, we welcome the Alpha Phi Alpha Fraternity. They are guests of Representative Roebuck and the Pennsylvania Legislative Black Caucus, chaired by Representative Ron Waters. Welcome to the hall of the House. Also in the rear of the House, we welcome the Westmoreland Suzuki School of Music. Among those guests is Libby Krieger, the daughter of Representative Tim Krieger, who is hosting the group today. Welcome to the hall of the House. Please stand and be recognized. And up in the gallery we have Tammy Glowatski and Mary Yohe, who are guests of Representative Kurt Masser. Will you please stand up. Welcome to the hall of the House, up in the gallery. And if we could turn our attention down here to the well of the House, we have several guests down here. The Speaker welcomes guest page Samantha McMaster from William Tennent High School. She is a guest of Representative Bernie O'Neill. Welcome to the hall of the House. Also serving as guest pages are Caleb Heister and Natalie Garman, who attend Bible Baptist School, and they are guests of Representative Sheryl Delozier. Welcome to the hall of the House. Also, we have a guest page, Stephanie Renzetti. She is a freshman honor student at Unionville High School. Stephanie's father, John Renzetti, is seated to the left of the Speaker. They are guests of Representative Steve Barrar. Will our two guests please rise, father and daughter. Welcome to the House. Now it gets tougher. We would also like to welcome Geniya Dobrunova – maybe if I say it three times, I will get it right – a Russian exchange student attending Allegheny-Clarion High School. She is the guest of Representative Brooks and Representative Hutchinson. Welcome to the hall of the House. Also is guest page Yuliya Lisovskaya. I apologize, young ladies. My Russian is a little rusty. She is also a Russian exchange student, and she attends Greenville High School and is the guest of Representative Brooks. The students are accompanied by their chaperones, Arnie and Liz Morris, who are seated to the left of the Speaker. Welcome to the hall of the House. Please stand and be recognized.

CHRISTIAN KENNEDY PRESENTED

The SPEAKER. The Speaker invites Representative Gillespie to the rostrum for the purpose of presenting a citation to the winner of the Pennsylvania Alpine Racing Association's J3 State title. The gentleman, Mr. Gillespie, is in order and may proceed. Mr. GILLESPIE. Thank you, Mr. Speaker. Please join me in welcoming to the hall of the House an outstanding young man by the name of Christian Kennedy. Christian is a freshman student and outstanding athlete at Central York High School in York County.

While he enjoys football and lacrosse, it is the ski slope where he has achieved most of his success. Christian is an Alpine skier and a member of the Ski Roundtop Racing Club, and in February he was crowned overall State champion for the J3 age group. Christian earned the title at Seven Springs Resort in Somerset County by successfully defending his State slalom championship, in addition to showing his versatility by finishing second in giant slalom and fifth in super G. With Christian on the House floor today are parents Beth and Jack Kennedy, and Peter Fernandez, the diversity specialist with Central York High School. Please join me in welcoming them to the State Capitol and congratulating Christian for his outstanding achievement. Thank you, Mr. Speaker. The SPEAKER. The Speaker thanks the gentleman.

REMARKS SUBMITTED FOR THE RECORD

Mr. PETRI 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 Brett Karnik Wiley, 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. Whereas, Brett Karnik Wiley 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 part of this young man. Thomas is a member of Troop 147. Now therefore, Mr. Speaker and members of the House of Representatives, it is my privilege to congratulate and place in the Legislative Journal the name of Brett Karnik Wiley.

UNCONTESTED CALENDAR

RESOLUTIONS PURSUANT TO RULE 35

Mr. ROEBUCK called up HR 251, PN 1653, entitled: A Resolution designating May 3, 2011, as "Alpha Phi Alpha Day"

in Pennsylvania.

* * * Mrs. SWANGER called up HR 252, PN 1669, entitled:

A Resolution recognizing the month of May 2011 as "Melanoma

and Skin Cancer Detection and Prevention Month" in Pennsylvania.

* * * Mr. DEASY called up HR 257, PN 1695, entitled:

A Resolution recognizing the week of May 8 through 14, 2011, as

"Food Allergy Awareness Week" in Pennsylvania.

* * * Mr. MATZIE called up HR 260, PN 1698, entitled:

A Resolution recognizing May 3, 2011, as "World Asthma Day

2011" in Pennsylvania.


On the question, Will the House adopt the resolutions? The following roll call was recorded: YEAS–197 Adolph Donatucci Killion Rapp Aument Dunbar Kirkland Ravenstahl Baker Ellis Knowles Readshaw Barbin Emrick Kortz Reed Barrar Evankovich Kotik Reese Bear Evans, D. Krieger Reichley Benninghoff Evans, J. Kula Roae Bishop Everett Longietti Rock Bloom Fabrizio Maher Roebuck Boback Farry Mahoney Ross Boyd Fleck Major Sabatina Boyle, B. Frankel Maloney Saccone Boyle, K. Freeman Mann Sainato Bradford Gabler Markosek Samuelson Brennan Galloway Marshall Santarsiero Briggs Geist Marsico Santoni Brooks George Masser Saylor Brown, R. Gerber Matzie Scavello Brown, V. Gergely McGeehan Shapiro Brownlee Gibbons Metcalfe Simmons Burns Gillen Metzgar Smith, K. Buxton Gillespie Micozzie Smith, M. Caltagirone Gingrich Millard Sonney Carroll Godshall Miller Staback Causer Goodman Milne Stephens Christiana Grell Mirabito Stern Clymer Grove Moul Stevenson Cohen Hackett Mundy Sturla Conklin Hahn Murphy Tallman Costa, D. Haluska Murt Taylor Costa, P. Hanna Mustio Thomas Cox Harhai Myers Tobash Creighton Harhart Neuman Toepel Cruz Harkins O'Brien, D. Toohil Culver Harper O'Brien, M. Truitt Curry Harris O'Neill Turzai Cutler Heffley Oberlander Vereb Daley Helm Parker Vitali Davidson Hennessey Pashinski Vulakovich Davis Hess Payne Wagner Day Hickernell Payton Waters Deasy Hutchinson Peifer Watson DeLissio Johnson Perry Wheatley Delozier Josephs Petrarca White DeLuca Kampf Petri Williams Denlinger Kauffman Pickett Youngblood DePasquale Kavulich Preston Dermody Keller, F. Pyle Smith, S., DeWeese Keller, M.K. Quigley Speaker DiGirolamo Keller, W. Quinn NAYS–0 NOT VOTING–0 EXCUSED–6 Hornaman Miccarelli Schroder Swanger Lawrence Mullery The majority having voted in the affirmative, the question was determined in the affirmative and the resolutions were adopted.

LEAVE OF ABSENCE

The SPEAKER. The Speaker returns to leaves of absence and recognizes the majority whip, who requests a leave of absence for the gentleman, Mr. D. O'BRIEN, from Philadelphia County for the remainder of the day. Without objection, the leave will be granted.

STATEMENT BY MR. ROEBUCK

The SPEAKER. Does the gentleman, Mr. Roebuck, seek unanimous consent? Mr. ROEBUCK. Thank you, Mr. Speaker. I do. The SPEAKER. The House will please come to order. The gentleman from Philadelphia, Mr. Roebuck, is recognized under unanimous consent. Mr. ROEBUCK. Thank you, Mr. Speaker. I wanted to take a few minutes to recognize the men of Alpha Phi Alpha Fraternity, my fraternity, who are here in the House chamber in large numbers, and they are men of accomplishment and men of leadership. Our fraternity slogan is "First of All, Servants of All, We Shall Transcend All." Understand that for Alpha men, being a member of a fraternity is a lifetime commitment to extraordinary service, and clearly there is never a more appropriate time that college men should step to leadership in our society than the current time. You have an array of talented men who give service to their community and to their nation. There is in the Bible a reference in Luke, a Scripture that says, "Unto whomsoever much is given, of him shall much be required." Indeed, this is very much the core of what it is to be an Alpha man in 2011 – those to whom much is given, much is required – and we are committed to giving back what has been given to us in shaping the lives of young people and adults across this nation. Thank you, Mr. Speaker. The SPEAKER. The Speaker thanks the gentleman.

ANNOUNCEMENT BY MR. VITALI

The SPEAKER. The Speaker recognizes the gentleman from Delaware County, Mr. Vitali, for the purpose of making an announcement. Mr. VITALI. Thank you, Mr. Speaker. Pursuant to rule 21 of the House rules, I am announcing my intention to this House to call up House Discharge Resolution No. 1. That is a discharge resolution relating to HB 33, the Marcellus drilling tax, and I am giving notice to call up this discharge resolution on Monday, May 9, or any day thereafter. Thank you, Mr. Speaker. The SPEAKER. The Speaker thanks the gentleman.

STATEMENT BY MR. WATERS

The SPEAKER. For what purpose does the gentleman, Mr. Waters, rise? Mr. WATERS. Mr. Speaker, I would like to rise for unanimous consent. The SPEAKER. The gentleman is in order under unanimous consent.


Mr. WATERS. Thank you, Mr. Speaker. Mr. Speaker, I also want to applaud the sororities and fraternities that are here today. It looks like Greek Day here in the Capitol. And I just want to make sure that people recognize that many times people hear about negative things that are going on in urban communities, but I just want to recognize that there are a lot of good things going on in our communities, too, and these young men and young ladies who are here today represent the best in our communities. I just want to thank them both for being up here today, and I look forward to us continually networking for the causes that they stand by. Thank you, Mr. Speaker. The SPEAKER. The Speaker thanks the gentleman.

REPUBLICAN AND DEMOCRATIC CAUCUSES

The SPEAKER. For the purpose of making a caucus announcement, the Speaker recognizes the lady, Ms. Major. Ms. MAJOR. Thank you, Mr. Speaker. I would like to announce that Republicans will caucus immediately. I would ask Republican members to please report to our caucus room immediately. We are scheduled to come back on the floor at 1:30. Thank you, Mr. Speaker. The SPEAKER. Does the gentleman, Mr. Frankel, seek recognition for a caucus announcement? The gentleman is in order. Mr. FRANKEL. Thank you, Mr. Speaker. There will be a Democratic caucus at 11:45; a Democratic caucus at 11:45 and back on the floor at 1:30. Thank you. The SPEAKER. Can I have the members' attention, please, just for a moment. We are going to have a correction of the time for returning to session. The Speaker recognizes the caucus chairwoman, Ms. Major. Ms. MAJOR. Thank you, Mr. Speaker. After some discussions, we have decided that we would be able to return to the floor at 1 o'clock to start our voting schedule. So I would ask the members to please immediately report to caucus and return to the floor at 1. Thank you. The SPEAKER. The Speaker recognizes the gentleman, Mr. Frankel. Mr. FRANKEL. Let me correct that. The Democrats will caucus immediately and be back on the floor at 1. Thank you.

RECESS

The SPEAKER. This House stands in recess until 1 o'clock – 1 o'clock – unless sooner recalled by the Speaker.

RECESS EXTENDED

The time of recess was extended until 1:15 p.m.

AFTER RECESS

The time of recess having expired, the House was called to order.

BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 1021, PN 1744 (Amended) By Rep. METCALFE An Act amending Title 62 (Procurement) of the Pennsylvania

Consolidated Statutes, further providing for sole source procurement and for competitive selection procedures for certain services; and providing for diversity plan, for definitions and for disclosure of contributions by contractors.

STATE GOVERNMENT.

SB 916, PN 949 By Rep. METCALFE An Act amending the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code, further providing for Voting Standards Development Board.

STATE GOVERNMENT.

HOUSE BILLS INTRODUCED AND REFERRED

No. 1426 By Representatives CONKLIN, CALTAGIRONE, COHEN, FABRIZIO, GODSHALL, HARKINS, HORNAMAN, JOSEPHS, KORTZ, MANN, MYERS, M. O'BRIEN, VITALI and WAGNER

An Act amending the act of April 12, 1951 (P.L.90, No.21),

known as the Liquor Code, further providing for definitions. Referred to Committee on LIQUOR CONTROL, May 3,

2011. No. 1427 By Representatives CONKLIN, WHITE, BOBACK, CALTAGIRONE, CARROLL, COHEN, D. COSTA, DeWEESE, HARKINS, JOSEPHS, KAVULICH, MAHONEY, MURPHY, MURT, PAYTON and THOMAS

An Act providing for the establishment of response teams relating

to certain well operations and for the powers and duties of the Secretary of Labor and Industry.

Referred to Committee on LABOR AND INDUSTRY,

May 3, 2011. No. 1428 By Representatives CONKLIN, CALTAGIRONE, CLYMER, DALEY, FABRIZIO, GEIST, GEORGE, GIBBONS and MURT

An Act regulating lead management and remediation at firing

ranges; and providing for powers and duties of the Pennsylvania Game Commission.

Referred to Committee on GAME AND FISHERIES, May 3,

2011. No. 1429 By Representatives CONKLIN, BOBACK, COHEN, DONATUCCI, FARRY, HARKINS, HORNAMAN, JOSEPHS, KORTZ, MURT, READSHAW, THOMAS and WAGNER


An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in budget and finance, imposing a surcharge in cases involving local police action.

Referred to Committee on JUDICIARY, May 3, 2011.

No. 1430 By Representatives CONKLIN, CALTAGIRONE, CARROLL, COHEN, DAVIS, DEASY, DeLUCA, FABRIZIO, GERGELY, GIBBONS, GOODMAN, GROVE, HARHAI, HARKINS, KORTZ, KULA, MAHONEY, MANN, MATZIE, MILLARD, MIRABITO, SAINATO, STABACK, WAGNER and WHITE

An Act amending the act of December 19, 1988 (P.L.1262,

No.156), known as the Local Option Small Games of Chance Act, further providing for definitions, for prize limits and for special permits relating to card game contests.

Referred to Committee on GAMING OVERSIGHT, May 3,

2011. No. 1431 By Representatives CONKLIN, THOMAS, V. BROWN, CALTAGIRONE, COHEN, GIBBONS, GOODMAN, HALUSKA, JOSEPHS, KAVULICH, KORTZ, MAHONEY, M. O'BRIEN, PAYTON, READSHAW and WHEATLEY

An Act amending the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code, providing for advance voting and for advisory committee.

Referred to Committee on STATE GOVERNMENT, May 3,

2011. No. 1432 By Representatives BRIGGS, SANTARSIERO, D. COSTA, GOODMAN, HORNAMAN, JOSEPHS, MARSHALL, PAYTON, READSHAW and CALTAGIRONE

An Act providing for minimum energy efficiency standards for

certain appliances and equipment; providing for the powers and duties of the Department of Environmental Protection and the Attorney General; and establishing the Appliance Energy Efficiency Fund.

Referred to Committee on ENVIRONMENTAL

RESOURCES AND ENERGY, May 3, 2011. No. 1433 By Representatives BRIGGS, BRENNAN, FRANKEL, JOSEPHS, M. O'BRIEN, SANTARSIERO, SWANGER and YOUNGBLOOD

An Act amending Title 18 (Crimes and Offenses) of the

Pennsylvania Consolidated Statutes, providing for the offense of access to firearms by minors; and imposing penalties.


No. 1434 By Representatives METCALFE, BOYD, BARRAR, BROOKS, CAUSER, CHRISTIANA, CLYMER, COX, CREIGHTON, GABLER, GILLEN, HARHAI, HEFFLEY, HESS, HICKERNELL, KAUFFMAN, F. KELLER, M. K. KELLER, KNOWLES, KRIEGER, LAWRENCE, METZGAR, MILLARD, MUSTIO, OBERLANDER, PYLE, RAPP, REESE, ROAE, SACCONE, SCHRODER, STERN, STEVENSON, SWANGER, TALLMAN and VULAKOVICH

A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for marriage.

Referred to Committee on STATE GOVERNMENT, May 3,

2011. No. 1435 By Representatives M. K. KELLER, CUTLER, BAKER, BLOOM, BOBACK, BOYD, FABRIZIO, GABLER, GODSHALL, HAHN, HARHART, HARKINS, HESS, HICKERNELL, KAUFFMAN, F. KELLER, LONGIETTI, METZGAR, MILLARD, MILLER, MOUL, MURT, MUSTIO, OBERLANDER, PICKETT, PYLE, ROCK, SAYLOR, SCAVELLO, STERN, STEVENSON, TALLMAN and WATSON

An Act providing for limited immunity for persons that sponsor

farm-related tourism activities. Referred to Committee on TOURISM AND

RECREATIONAL DEVELOPMENT, May 3, 2011. No. 1436 By Representatives TOOHIL, BOBACK, AUMENT, BLOOM, BOYD, CUTLER, HICKERNELL, KAUFFMAN, METZGAR, SAYLOR, SCAVELLO, STEPHENS, REED and WATSON

An Act amending Titles 18 (Crimes and Offenses) and

42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for restitution for official oppression; further providing for the offense of official oppression; and providing for sentencing for official oppression.


No. 1437 By Representatives MAJOR, BAKER, BOBACK, DONATUCCI, FLECK, GABLER, GEIST, GILLEN, GILLESPIE, GINGRICH, GOODMAN, GROVE, HARRIS, HESS, HORNAMAN, M. K. KELLER, KILLION, KULA, LAWRENCE, MARSHALL, METCALFE, MILNE, MOUL, MURT, PETRI, PICKETT, RAPP, READSHAW and VULAKOVICH

An Act amending the act of December 5, 1936 (2nd Sp.Sess., 1937

P.L.2897, No.1), known as the Unemployment Compensation Law, further defining "employment."

Referred to Committee on LABOR AND INDUSTRY,

May 3, 2011. No. 1438 By Representatives GINGRICH, ROSS, CREIGHTON, FREEMAN and SANTARSIERO

An Act amending Title 16 (Counties) of the Pennsylvania

Consolidated Statutes, adding provisions for required fiscal security through bonding, blanket bonding and insuring of elected and appointed county officers and employees; providing for determining the form, amount and payment of premiums for and the filing and recording of the required security and for the subsequent issuance of official commissions; and making related repeals.

Referred to Committee on LOCAL GOVERNMENT, May 3,

2011.


No. 1439 By Representatives CREIGHTON, ROSS, GINGRICH, FREEMAN and SANTARSIERO


known as The First Class Township Code, repealing provisions relating to failure of township officer to perform duties.


2011. No. 1440 By Representatives CREIGHTON, ROSS, GINGRICH, FREEMAN and SANTARSIERO

An Act amending the act of May 27, 1953 (P.L.249, No.35),

entitled "An act providing that the town councils of incorporated towns shall have the right to declare vacant the seats of councilmen or presidents of town councils for failure to qualify and for failure to attend meetings or vote upon questions before the council," repealing provisions relating to nonfeasance in office.


2011. No. 1441 By Representatives ROSS, GINGRICH, CREIGHTON, FREEMAN and SANTARSIERO

An Act amending Title 45 (Legal Notices) of the Pennsylvania

Consolidated Statutes, in codification and publication of documents, providing for electronic publication of municipal codes; and making an inconsistent repeal.



An Act amending the act of May 1, 1933 (P.L.103, No.69), known

as The Second Class Township Code, repealing provisions relating to removal of township officer for failure to perform duties.



An Act amending the act of February 1, 1966 (1965 P.L.1656,

No.581), known as The Borough Code, repealing provisions relating to right of council to declare seat of member vacant for failure to attend meetings.



An Act amending the act of July 28, 1953 (P.L.723, No.230),

known as the Second Class County Code, further providing for vacancy in the office of county commissioner.


2011.

No. 1445 By Representatives ROSS, GINGRICH, CREIGHTON, FREEMAN and SANTARSIERO

An Act amending the act of August 9, 1955 (P.L.323, No.130),

known as The County Code, further providing for vacancy in the office of county commissioner.




known as The First Class Township Code, further providing for township manager.



An Act amending the act of May 1, 1933 (P.L.103, No.69), known

as The Second Class Township Code, further providing for township manager.



An Act amending the act of May 24, 1956 (1955, P.L.1674,

No.566), entitled "An act authorizing council of any incorporated town to create the office of town manager, and prescribe his powers and duties," further providing for the office of town manager and for powers and duties of a town manager.



An Act amending the act of February 1, 1966 (1965 P.L.1656,

No.581), known as The Borough Code, further providing for the office of borough manager and for powers and duties of a borough manager.




known as The Third Class City Code, providing for the office and powers and duties of a city administrator or manager.




An Act amending the act of July 7, 1947 (P.L.1368, No.542), known as the Real Estate Tax Sale Law, providing for additional costs for rehabilitation and maintenance.




known as the Workers' Compensation Act, in additional coverages, further providing for definitions and for reimbursement.



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

the Pennsylvania Consolidated Statutes, further providing for form of permanent recordation and for copies of destroyed records.


2011.

SENATE BILLS FOR CONCURRENCE

The clerk of the Senate, being introduced, presented the following bills for concurrence: SB 58, PN 43 Referred to Committee on JUDICIARY, May 3, 2011. SB 274, PN 250 Referred to Committee on GAME AND FISHERIES, May 3, 2011. SB 343, PN 335 Referred to Committee on APPROPRIATIONS, May 3, 2011.

LEAVE OF ABSENCE CANCELED

The SPEAKER. The Speaker returns to leaves of absence and notices the presence of the gentleman, Mr. Mullery, from Luzerne County on the floor of the House. His name will be added to the master roll call.

LEAVE OF ABSENCE

The SPEAKER. Additionally, the Speaker recognizes the majority whip, who requests a leave of absence for the gentleman, Mr. MAHER, for the remainder of the day. Without objection, the leave will be granted.

CALENDAR

BILL ON SECOND CONSIDERATION

The House proceeded to second consideration of HB 1281, PN 1417, entitled:

An Act designating the bridge that carries Pennsylvania Turnpike

Route 43 over the Monongahela River between Denbo in the Borough of Centerville, County of Washington, and Alicia in the Township of Luzerne, County of Fayette, as the PFC Ronald C. "Smokey" Bakewell Memorial Bridge. On the question, Will the House agree to the bill on second consideration? Bill was agreed to. The SPEAKER. Members will please report to the floor.

SUPPLEMENTAL CALENDAR A

BILLS ON THIRD CONSIDERATION

The House proceeded to third consideration of HB 148, PN 1542, entitled:

An Act amending the act of April 12, 1951 (P.L.90, No.21),

known as the Liquor Code, further providing for definitions, for hotel, restaurant and club liquor licenses, for sales by liquor licensees and restrictions and for unlawful acts relative to liquor, malt and brewed beverages and licensees. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.) 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. The following roll call was recorded: YEAS–179 Adolph Evans, D. Krieger Readshaw Baker Evans, J. Kula Reed Barbin Everett Longietti Reese Barrar Fabrizio Mahoney Reichley Benninghoff Farry Major Roae Bishop Fleck Maloney Roebuck Boback Frankel Mann Ross Boyle, B. Freeman Markosek Sabatina Boyle, K. Gabler Marshall Saccone Bradford Galloway Marsico Sainato Brennan Geist Masser Samuelson Briggs George Matzie Santarsiero Brown, R. Gerber McGeehan Santoni Brown, V. Gergely Metcalfe Saylor Brownlee Gibbons Metzgar Scavello

832 LEGISLATIVE JOURNAL—HOUSE MAY 3 Burns Gillespie Micozzie Shapiro Buxton Gingrich Millard Simmons Caltagirone Godshall Miller Smith, K. Carroll Goodman Milne Smith, M. Causer Grell Mirabito Sonney Christiana Grove Moul Staback Cohen Hackett Mullery Stephens Conklin Hahn Mundy Stern Costa, D. Haluska Murphy Sturla Costa, P. Hanna Mustio Tallman Cox Harhai Myers Taylor Cruz Harhart Neuman Thomas Culver Harkins O'Brien, M. Tobash Curry Harper O'Neill Toepel Daley Harris Oberlander Toohil Davidson Heffley Parker Truitt Davis Helm Pashinski Turzai Day Hennessey Payne Vereb Deasy Hess Payton Vitali DeLissio Johnson Peifer Vulakovich Delozier Josephs Perry Wagner DeLuca Kampf Petrarca Waters DePasquale Kavulich Petri Watson Dermody Keller, M.K. Pickett Wheatley DeWeese Keller, W. Preston White DiGirolamo Killion Pyle Williams Donatucci Kirkland Quigley Youngblood Dunbar Knowles Quinn Ellis Kortz Rapp Smith, S., Emrick Kotik Ravenstahl Speaker Evankovich NAYS–17 Aument Clymer Gillen Keller, F. Bear Creighton Hickernell Murt Bloom Cutler Hutchinson Rock Boyd Denlinger Kauffman Stevenson Brooks NOT VOTING–0 EXCUSED–7 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli Schroder The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.

* * * The House proceeded to third consideration of HB 584, PN 561, entitled:

An Act designating the Claysville Interchange of Exit 6 on

Interstate 70 in Washington County as the Sergeant Nathan P. Kennedy Memorial Interchange. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.)

BILL PASSED OVER TEMPORARILY The SPEAKER. We are going to go over HB 584 temporarily.

EDUCATION COMMITTEE MEETING

The SPEAKER. The Speaker recognizes the gentleman, Mr. Clymer, for the purpose of making an announcement. Mr. CLYMER. Mr. Speaker, I would like, if we have the opportunity right now, I would like to convene a meeting of the House Education Committee in the rear of the hall. If we could do that right now; would that be possible? Or do it at the end of session. At the end of session, Mr. Speaker? The SPEAKER. At the end of session. Mr. CLYMER. At the end of session, I am alerting the members of the House Education Committee not to run off. At the end of session, we will have a meeting in the rear of the hall— Oh; all right. We have just located a room. It is going to be in the Appropriations conference room. That is room 245? 245. Room 245, at the end of session, the House Education Committee meeting will occur. Thank you, Mr. Speaker. The SPEAKER. The Speaker thanks the gentleman. The Education Committee will meet in room 245 at the end of session.



An Act amending Title 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, further providing for drivers in funeral processions. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.) 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. The following roll call was recorded: YEAS–196 Adolph Donatucci Killion Rapp Aument Dunbar Kirkland Ravenstahl Baker Ellis Knowles Readshaw Barbin Emrick Kortz Reed Barrar Evankovich Kotik Reese Bear Evans, D. Krieger Reichley Benninghoff Evans, J. Kula Roae Bishop Everett Longietti Rock Bloom Fabrizio Mahoney Roebuck


Boback Farry Major Ross Boyd Fleck Maloney Sabatina Boyle, B. Frankel Mann Saccone Boyle, K. Freeman Markosek Sainato Bradford Gabler Marshall Samuelson Brennan Galloway Marsico Santarsiero Briggs Geist Masser Santoni Brooks George Matzie Saylor Brown, R. Gerber McGeehan Scavello Brown, V. Gergely Metcalfe Shapiro Brownlee Gibbons Metzgar Simmons Burns Gillen Micozzie Smith, K. Buxton Gillespie Millard Smith, M. Caltagirone Gingrich Miller Sonney Carroll Godshall Milne Staback Causer Goodman Mirabito Stephens Christiana Grell Moul Stern Clymer Grove Mullery Stevenson Cohen Hackett Mundy Sturla Conklin Hahn Murphy Tallman Costa, D. Haluska Murt Taylor Costa, P. Hanna Mustio Thomas Cox Harhai Myers Tobash Creighton Harhart Neuman Toepel Cruz Harkins O'Brien, M. Toohil Culver Harper O'Neill Truitt Curry Harris Oberlander Turzai Cutler Heffley Parker Vereb Daley Helm Pashinski Vitali Davidson Hennessey Payne Vulakovich Davis Hess Payton Wagner Day Hickernell Peifer Waters Deasy Hutchinson Perry Watson DeLissio Johnson Petrarca Wheatley Delozier Josephs Petri White DeLuca Kampf Pickett Williams Denlinger Kauffman Preston Youngblood DePasquale Kavulich Pyle Dermody Keller, F. Quigley Smith, S., DeWeese Keller, M.K. Quinn Speaker DiGirolamo Keller, W. NAYS–0 NOT VOTING–0 EXCUSED–7 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli Schroder The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.



the Pennsylvania Consolidated Statutes, in limitation of time, further providing for the period of limitation relating to claims of adverse possession under certain circumstances; and providing for uniform notice, for mesne profits and for reimbursement. On the question, Will the House agree to the bill on third consideration? Bill was agreed to.

(Bill analysis was read.) 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. (Members proceeded to vote.)


The SPEAKER. The Speaker returns to leaves of absence and recognizes the presence of the gentleman from Chester County, Mr. Schroder. His name will be added to the master roll.

CONSIDERATION OF HB 1022 CONTINUED

On the question recurring, Shall the bill pass finally? The following roll call was recorded: YEAS–140 Adolph Ellis Kotik Roebuck Barbin Evans, D. Kula Ross Barrar Evans, J. Longietti Sabatina Bishop Everett Mahoney Saccone Bloom Fabrizio Major Sainato Boyle, B. Farry Mann Samuelson Boyle, K. Fleck Markosek Santarsiero Bradford Frankel Marshall Santoni Brennan Freeman Marsico Saylor Briggs Galloway Masser Schroder Brown, V. George Matzie Shapiro Brownlee Gerber McGeehan Smith, K. Burns Gergely Micozzie Smith, M. Buxton Gibbons Millard Staback Caltagirone Godshall Mirabito Stephens Carroll Goodman Mullery Stevenson Causer Grell Mundy Sturla Cohen Hackett Murphy Taylor Conklin Haluska Murt Thomas Costa, D. Hanna Mustio Tobash Costa, P. Harhai Myers Toohil Cruz Harkins Neuman Truitt Culver Harper O'Brien, M. Turzai Curry Harris Parker Vereb Daley Helm Pashinski Vulakovich Davidson Hennessey Payne Wagner Davis Hutchinson Payton Waters Day Johnson Perry Watson Deasy Josephs Petrarca Wheatley DeLissio Kampf Preston White Delozier Kavulich Quigley Williams DeLuca Keller, M.K. Quinn Youngblood DePasquale Keller, W. Ravenstahl Dermody Killion Readshaw Smith, S., DeWeese Kirkland Reed Speaker Donatucci Kortz NAYS–57 Aument Dunbar Kauffman Pickett Baker Emrick Keller, F. Pyle Bear Evankovich Knowles Rapp Benninghoff Gabler Krieger Reese Boback Geist Maloney Reichley

834 LEGISLATIVE JOURNAL—HOUSE MAY 3 Boyd Gillen Metcalfe Roae Brooks Gillespie Metzgar Rock Brown, R. Gingrich Miller Scavello Christiana Grove Milne Simmons Clymer Hahn Moul Sonney Cox Harhart O'Neill Stern Creighton Heffley Oberlander Tallman Cutler Hess Peifer Toepel Denlinger Hickernell Petri Vitali DiGirolamo NOT VOTING–0 EXCUSED–6 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli 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.


An Act amending Title 34 (Game) of the Pennsylvania

Consolidated Statutes, in protection of property and persons, further providing for hunting or furtaking prohibited while under influence of alcohol or controlled substance and for chemical test to determine amount of alcohol. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.) 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. The following roll call was recorded: YEAS–197 Adolph Donatucci Killion Ravenstahl Aument Dunbar Kirkland Readshaw Baker Ellis Knowles Reed Barbin Emrick Kortz Reese Barrar Evankovich Kotik Reichley Bear Evans, D. Krieger Roae Benninghoff Evans, J. Kula Rock Bishop Everett Longietti Roebuck Bloom Fabrizio Mahoney Ross Boback Farry Major Sabatina Boyd Fleck Maloney Saccone Boyle, B. Frankel Mann Sainato Boyle, K. Freeman Markosek Samuelson Bradford Gabler Marshall Santarsiero

Brennan Galloway Marsico Santoni Briggs Geist Masser Saylor Brooks George Matzie Scavello Brown, R. Gerber McGeehan Schroder Brown, V. Gergely Metcalfe Shapiro Brownlee Gibbons Metzgar Simmons Burns Gillen Micozzie Smith, K. Buxton Gillespie Millard Smith, M. Caltagirone Gingrich Miller Sonney Carroll Godshall Milne Staback Causer Goodman Mirabito Stephens Christiana Grell Moul Stern Clymer Grove Mullery Stevenson Cohen Hackett Mundy Sturla Conklin Hahn Murphy Tallman Costa, D. Haluska Murt Taylor Costa, P. Hanna Mustio Thomas Cox Harhai Myers Tobash Creighton Harhart Neuman Toepel Cruz Harkins O'Brien, M. Toohil Culver Harper O'Neill Truitt Curry Harris Oberlander Turzai Cutler Heffley Parker Vereb Daley Helm Pashinski Vitali Davidson Hennessey Payne Vulakovich Davis Hess Payton Wagner Day Hickernell Peifer Waters Deasy Hutchinson Perry Watson DeLissio Johnson Petrarca Wheatley Delozier Josephs Petri White DeLuca Kampf Pickett Williams Denlinger Kauffman Preston Youngblood DePasquale Kavulich Pyle Dermody Keller, F. Quigley Smith, S., DeWeese Keller, M.K. Quinn Speaker DiGirolamo Keller, W. Rapp NAYS–0 NOT VOTING–0 EXCUSED–6 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli 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.

GUESTS INTRODUCED

The SPEAKER. The Speaker would like to welcome some guests that are with us up in the gallery. We have seven 4-H members from Clearfield and Jefferson Counties. Extension educator Janna Davidson is joined by Liz McAndrew, Chelsea Fulmar, Stephanie Alexander, Victoria Garner, Laken Delaney, Fran McAninch, and Abby Lee, and they are guests of Representative Bud George as well as the Speaker. Welcome to the hall of the House. Please stand and be recognized. The Speaker would like to welcome some additional guests. With, literally with Representative Payton today are his niece and nephews – Keeairah, Lyle, and Zubair. Representative Payton, welcome to your guests and family members.


FORMER MEMBER WELCOMED

The SPEAKER. And to the left of the Speaker, we have former member John Siptroth, who has joined us this afternoon. Welcome back to the hall, John.

VOTE CORRECTION

The SPEAKER. For what purpose does the lady, Ms. Boback, rise? Ms. BOBACK. Thank you, Mr. Speaker. Unanimous consent. The SPEAKER. The lady is in order. Ms. BOBACK. Mr. Speaker, I was voted "no" on HB 1022. It should have been "yes." The SPEAKER. The lady's remarks will be spread upon the record. Thank you. Ms. BOBACK. Thank you.

CALENDAR CONTINUED

RESOLUTION

Mr. PYLE called up HR 87, PN 780, entitled: A Resolution urging the Environmental Protection Agency to stop

its unlawful application of the Guidance Memo relating to the Federal Water Pollution Control Act, which is a substantive change to the permitting procedure conferred on the states, and restore the regulatory environment that existed prior to the release of the Guidance Memo. On the question recurring, Will the House adopt the resolution? The SPEAKER. When we went over this yesterday temporarily and then did not come back to it, the gentleman from Delaware County, Mr. Vitali, had been recognized and requested to interrogate the maker of the resolution. So we will be picking up at that point. The gentleman from Delaware County, Mr. Vitali, is recognized under interrogation on the resolution. Mr. VITALI. Thank you, Mr. Speaker. Maybe we will start out with just a brief explanation of this, please. Mr. PYLE. Sure. What HR 87 does is it memorializes Congress to agree to a Memorandum of Agreement signed in 1991 between the Federal EPA (Environmental Protection Agency) and Pennsylvania's, at that time, Department of Environmental Resources, DER, now the DEP (Department of Environmental Protection), that Pennsylvania's DEP would be recognized as the primary issuer of permits. Mr. VITALI. Okay. In your memorandum, or in your resolution rather, it clearly involves the issuance of NPDES (National Pollutant Discharge Elimination System) permits, which, as I understand it, are permits which state the amount of pollution and type pollution that can be discharged into a river or stream, right? That is what we are dealing with; we are dealing with the issuance of the permits, and these permits dictate the type and amount of pollution that can be discharged into a river or stream. And with regard to this particular piece of legislation, it is the amount of pollution as a result of mining operations. Would that be a fair statement?

Mr. PYLE. What you state, Mr. Speaker, is partly— What you are saying is correct— Mr. VITALI. Okay. Mr. PYLE. —but it involves a lot more than that. Mr. VITALI. Okay. Mr. PYLE. It involves stream crossings. Mr. VITALI. Okay. Mr. PYLE. It involves TDS (total dissolved solids) into water supplies. Mr. VITALI. Right. Mr. PYLE. And it involves the Federal government honoring the agreement that has served us well for 20 years. Mr. VITALI. Okay. I wanted to just make two points. One, on your resolution at the top of page 2, the first "WHEREAS" clause, it involves the EPA saying it will "conduct its own additional review." So the EPA is intending to conduct a review of these permits with regard to discharge of mining operations into streams, but it talks about an additional review. So you are not— What the EPA is planning on doing is not precluding the DEP from analyzing what is going into rivers and streams; they are conducting their own review. Is that correct? Mr. PYLE. That is a very good question, Mr. Speaker. The way it is happening, Pennsylvania's DEP, the lawful entity for issuing permits, is issuing these permits to mining and drilling and lumbering and quarrying operations, and as the companies move their machinery and men into place, EPA is stepping in to trump them, so to speak, and holding things up. For example, there was a mining permit issued in eastern Indiana County that permitted one stream crossing. DEP had already collected bonds; they had done the assessment, the environmental impact. They saw fit to allow one stream crossing. The company moved its equipment nearly 70 miles to achieve their operation, only to have EPA step in at the last minute and tell them all bets were off. They in effect negated DEP's permit. Mr. VITALI. So all I am trying to get at with this question is one narrow point: The EPA wants to conduct its own permit review, but it is not precluding DEP from conducting its permit review; it wants to do its own. Would that be safe to say? Mr. PYLE. It is safe to say, yes. DEP conducts its permit review and then EPA steps in and does their own— Mr. VITALI. Okay. Mr. PYLE. —after we have already issued or denied. Mr. VITALI. Okay. Your resolution refers to the Guidance Memo being based on flawed studies. What were those flawed studies, and who made them? Mr. PYLE. That is an excellent question, Mr. Speaker. One second. Thank you for that allowance of time. I am referring to the "Downstream effects of mountaintop coal mining: comparing biological conditions using family- and genus-level macroinvertebrate bioassessment tools" as published by Pond, Passmore, Borsuk, Reynolds, and Rose in the EPA guidelines published 2008. Mr. VITALI. Okay. That was the flawed study. Mr. PYLE. The findings of that study have been proven out to be inaccurate, and as it is being used for final issuance or whether or not the Federal EPA will honor its agreement with Pennsylvania, it is being quoted and it has already been disproven.


Mr. VITALI. Okay. Now, that concludes my interrogation. If I could just speak on the resolution.

THE SPEAKER PRO TEMPORE (MATTHEW E. BAKER) PRESIDING

The SPEAKER pro tempore. The gentleman is in order and may proceed. Mr. VITALI. First of all, I commend the speaker for doing things that will help his constituents and help an industry which he supports, and I have to candidly confess, at this time yesterday I had no idea about this issue, so everything I know now is based on what I have been able to learn in about a 24-hour period. But let me just express some concerns I have, because what we are dealing with is a pollution issue, a water pollution issue due to mining operations, so it is important that we be very careful. Now, as I understand it, the EPA action here is part of something they call its Healthy Waters Initiative to better promote watershed protection. So what the EPA is doing is trying to promote clean water. And this is dealing with mining operations throughout the Appalachian States, not just Pennsylvania but Appalachian States – and this is an EPA document I am reading – which have significant mining activities, and this has been done in multiple States. And the purpose of this Healthy Waters Initiative is to "encourage consistency and equity across EPA regions and states." So interestingly enough, it is sort of that analogy to what Krancer was doing with regard to NOVs (notices of violation). They want to promote consistency. So that is the reason. Now, what I have also learned is that there can be some serious problems here with regard to mining, and EPA is checking mining because the volumes of pollution from mining are particularly high, and it is my understanding that a mining discharge from a coal company in West Virginia caused that huge Dunkard Creek fish kill in 2009. So if you have too much pollution from mining, it could cause a fish kill like we have seen in Pennsylvania. And the second point here is I am told by a reputable source that mining discharges have played a major role in causing total dissolved solid levels on the Mon River, which I know affects people from the western part of the State, to exceed safe drinking water standards in October of 2008. So I am not saying the maker of the resolution is wrong; all I am saying is that I have enough concerns that I do not feel I am in a position right now to render my opinion to Congress to stop doing their review of permits with regard to water discharge in mining operations. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman and recognizes the maker of the resolution, Mr. Pyle. Mr. PYLE. Thank you, Mr. Speaker. Mr. Speaker, HR 87 is one of those rare noncontroversial resolutions that we deal with, and understandably so. Where I live in the west, mining and drilling are vibrant industries creating jobs, jobs that allow people to go home and support their families and buy their house and get their daughters that pair of nice shoes for the prom. They are honorable jobs.

Mr. Speaker, the mining and natural gas industries in western Pennsylvania are said to be on the spearhead of what will be driving a large portion of Pennsylvania's economy into the next few decades. Pennsylvania is an exporter of energy. All HR 87 does is it asks the Federal government to recognize an agreement they committed to paper in 1991, that recognizes Pennsylvania's Department of Environmental Protection as the primary guidance of whether or not a permit is or is not issued. Mr. Speaker, it bears mentioning, HR 87 addresses a problem that has come up without any Federal legislation, without any regulation promulgated by a Federal agency. Flat out, they are just doing it. Now, should the previous speaker like to know why the need for this, since the Feds, the EPA, has put this practice into place, the time on issuance of a permit granted by DEP has increased 8 months. In the EPA permit review office in Philadelphia are two people. Now, granted, I wish they could go through fast, but frankly, the office is dramatically understaffed. Sure, the Feds are cutting costs, but my point is this: They should not have to worry about this. In 1991 the Administrator for the Environmental Protection Agency, who we know was Senator Ted Erickson, signed an agreement on behalf of EPA to recognize Pennsylvania's DEP with primacy in the issuance of permits. That is all this resolution does. It asks the Feds to respect the agreement they put to paper. I would appreciate an affirmative vote from the body. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman. On the question recurring, Will the House adopt the resolution? The following roll call was recorded: YEAS–148 Adolph Evankovich Keller, W. Rapp Aument Evans, J. Killion Ravenstahl Baker Everett Knowles Readshaw Barbin Fabrizio Kortz Reed Barrar Farry Kotik Reese Bear Fleck Krieger Reichley Benninghoff Frankel Longietti Roae Bloom Gabler Major Rock Boback Galloway Maloney Ross Boyd Geist Marshall Sabatina Brooks George Marsico Saccone Brown, R. Gergely Masser Sainato Burns Gibbons Matzie Saylor Buxton Gillen McGeehan Scavello Caltagirone Gillespie Metcalfe Schroder Carroll Gingrich Metzgar Simmons Causer Godshall Micozzie Smith, K. Christiana Goodman Millard Smith, M. Clymer Grell Miller Sonney Cohen Grove Milne Stephens Conklin Hackett Moul Stern Costa, D. Hahn Murphy Stevenson Costa, P. Haluska Murt Tallman Cox Harhai Mustio Taylor Creighton Harhart Neuman Tobash Culver Harkins O'Neill Toepel


Cutler Harper Oberlander Toohil Daley Harris Pashinski Truitt Day Heffley Payne Turzai Deasy Helm Peifer Vereb Delozier Hennessey Perry Vulakovich DeLuca Hess Petrarca Wagner Denlinger Hickernell Petri Watson DePasquale Hutchinson Pickett White DiGirolamo Kampf Pyle Dunbar Kauffman Quigley Smith, S., Ellis Keller, F. Quinn Speaker Emrick Keller, M.K. NAYS–49 Bishop Dermody Mahoney Samuelson Boyle, B. DeWeese Mann Santarsiero Boyle, K. Donatucci Markosek Santoni Bradford Evans, D. Mirabito Shapiro Brennan Freeman Mullery Staback Briggs Gerber Mundy Sturla Brown, V. Hanna Myers Thomas Brownlee Johnson O'Brien, M. Vitali Cruz Josephs Parker Waters Curry Kavulich Payton Wheatley Davidson Kirkland Preston Williams Davis Kula Roebuck Youngblood DeLissio NOT VOTING–0 EXCUSED–6 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.

SUPPLEMENTAL CALENDAR A CONTINUED

CONSIDERATION OF HB 584 CONTINUED

(Bill analysis was read.) The SPEAKER pro tempore. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–197 Adolph Donatucci Killion Ravenstahl Aument Dunbar Kirkland Readshaw Baker Ellis Knowles Reed Barbin Emrick Kortz Reese Barrar Evankovich Kotik Reichley Bear Evans, D. Krieger Roae Benninghoff Evans, J. Kula Rock Bishop Everett Longietti Roebuck Bloom Fabrizio Mahoney Ross Boback Farry Major Sabatina

Boyd Fleck Maloney Saccone Boyle, B. Frankel Mann Sainato Boyle, K. Freeman Markosek Samuelson Bradford Gabler Marshall Santarsiero Brennan Galloway Marsico Santoni Briggs Geist Masser Saylor Brooks George Matzie Scavello Brown, R. Gerber McGeehan Schroder Brown, V. Gergely Metcalfe Shapiro Brownlee Gibbons Metzgar Simmons Burns Gillen Micozzie Smith, K. Buxton Gillespie Millard Smith, M. Caltagirone Gingrich Miller Sonney Carroll Godshall Milne Staback Causer Goodman Mirabito Stephens Christiana Grell Moul Stern Clymer Grove Mullery Stevenson Cohen Hackett Mundy Sturla Conklin Hahn Murphy Tallman Costa, D. Haluska Murt Taylor Costa, P. Hanna Mustio Thomas Cox Harhai Myers Tobash Creighton Harhart Neuman Toepel Cruz Harkins O'Brien, M. Toohil Culver Harper O'Neill Truitt Curry Harris Oberlander Turzai Cutler Heffley Parker Vereb Daley Helm Pashinski Vitali Davidson Hennessey Payne Vulakovich Davis Hess Payton Wagner Day Hickernell Peifer Waters Deasy Hutchinson Perry Watson DeLissio Johnson Petrarca Wheatley Delozier Josephs Petri White DeLuca Kampf Pickett Williams Denlinger Kauffman Preston Youngblood DePasquale Kavulich Pyle Dermody Keller, F. Quigley Smith, S., DeWeese Keller, M.K. Quinn Speaker DiGirolamo Keller, W. Rapp NAYS–0 NOT VOTING–0 EXCUSED–6 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli 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.



An Act designating a bridge in Carroll Township, Washington

County, as the Stanley Jurgaitis Memorial Bridge. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.)


The SPEAKER pro tempore. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–197 Adolph Donatucci Killion Ravenstahl Aument Dunbar Kirkland Readshaw Baker Ellis Knowles Reed Barbin Emrick Kortz Reese Barrar Evankovich Kotik Reichley Bear Evans, D. Krieger Roae Benninghoff Evans, J. Kula Rock Bishop Everett Longietti Roebuck Bloom Fabrizio Mahoney Ross Boback Farry Major Sabatina Boyd Fleck Maloney Saccone Boyle, B. Frankel Mann Sainato Boyle, K. Freeman Markosek Samuelson Bradford Gabler Marshall Santarsiero Brennan Galloway Marsico Santoni Briggs Geist Masser Saylor Brooks George Matzie Scavello Brown, R. Gerber McGeehan Schroder Brown, V. Gergely Metcalfe Shapiro Brownlee Gibbons Metzgar Simmons Burns Gillen Micozzie Smith, K. Buxton Gillespie Millard Smith, M. Caltagirone Gingrich Miller Sonney Carroll Godshall Milne Staback Causer Goodman Mirabito Stephens Christiana Grell Moul Stern Clymer Grove Mullery Stevenson Cohen Hackett Mundy Sturla Conklin Hahn Murphy Tallman Costa, D. Haluska Murt Taylor Costa, P. Hanna Mustio Thomas Cox Harhai Myers Tobash Creighton Harhart Neuman Toepel Cruz Harkins O'Brien, M. Toohil Culver Harper O'Neill Truitt Curry Harris Oberlander Turzai Cutler Heffley Parker Vereb Daley Helm Pashinski Vitali Davidson Hennessey Payne Vulakovich Davis Hess Payton Wagner Day Hickernell Peifer Waters Deasy Hutchinson Perry Watson DeLissio Johnson Petrarca Wheatley Delozier Josephs Petri White DeLuca Kampf Pickett Williams Denlinger Kauffman Preston Youngblood DePasquale Kavulich Pyle Dermody Keller, F. Quigley Smith, S., DeWeese Keller, M.K. Quinn Speaker DiGirolamo Keller, W. Rapp NAYS–0 NOT VOTING–0 EXCUSED–6 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli

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.


An Act designating the Donora-Monessen Bridge in Washington

and Westmoreland Counties as the Stan Musial Bridge. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.) The SPEAKER pro tempore. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–197 Adolph Donatucci Killion Ravenstahl Aument Dunbar Kirkland Readshaw Baker Ellis Knowles Reed Barbin Emrick Kortz Reese Barrar Evankovich Kotik Reichley Bear Evans, D. Krieger Roae Benninghoff Evans, J. Kula Rock Bishop Everett Longietti Roebuck Bloom Fabrizio Mahoney Ross Boback Farry Major Sabatina Boyd Fleck Maloney Saccone Boyle, B. Frankel Mann Sainato Boyle, K. Freeman Markosek Samuelson Bradford Gabler Marshall Santarsiero Brennan Galloway Marsico Santoni Briggs Geist Masser Saylor Brooks George Matzie Scavello Brown, R. Gerber McGeehan Schroder Brown, V. Gergely Metcalfe Shapiro Brownlee Gibbons Metzgar Simmons Burns Gillen Micozzie Smith, K. Buxton Gillespie Millard Smith, M. Caltagirone Gingrich Miller Sonney Carroll Godshall Milne Staback Causer Goodman Mirabito Stephens Christiana Grell Moul Stern Clymer Grove Mullery Stevenson Cohen Hackett Mundy Sturla Conklin Hahn Murphy Tallman Costa, D. Haluska Murt Taylor Costa, P. Hanna Mustio Thomas Cox Harhai Myers Tobash Creighton Harhart Neuman Toepel Cruz Harkins O'Brien, M. Toohil Culver Harper O'Neill Truitt


Curry Harris Oberlander Turzai Cutler Heffley Parker Vereb Daley Helm Pashinski Vitali Davidson Hennessey Payne Vulakovich Davis Hess Payton Wagner Day Hickernell Peifer Waters Deasy Hutchinson Perry Watson DeLissio Johnson Petrarca Wheatley Delozier Josephs Petri White DeLuca Kampf Pickett Williams Denlinger Kauffman Preston Youngblood DePasquale Kavulich Pyle Dermody Keller, F. Quigley Smith, S., DeWeese Keller, M.K. Quinn Speaker DiGirolamo Keller, W. Rapp NAYS–0 NOT VOTING–0 EXCUSED–6 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli 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.

JULIE YARRISH PRESENTED

The SPEAKER pro tempore. At this time Representative Ken Smith is recognized for the purpose of presenting a citation in honor of a retiring House employee. Whenever you are ready, Mr. Smith. Mr. K. SMITH. Thank you, Mr. Speaker. The SPEAKER pro tempore. Will the members please come to order. Members, please take your seats. Members, please come to order. We are honoring an employee for many years of service. Mr. Smith, you may proceed. Mr. K. SMITH. Thank you, Mr. Speaker. Mr. Speaker, I rise today to recognize the public service career of Julie Yarrish. For 35 years, she has worked here in this Capitol as a legislative assistant for the Democratic Caucus. Julie started here at the age of 35 and worked here 35 years, and I think for 70, she looks terrific. Julie has worked for such Representatives as Henry Giammarco, Clifford Gray, Joe Battisto, Mike Diven, and former Speaker of the House, Keith McCall. Most recently, she was legislative assistant to our former member, John Siptroth of Monroe County, who is here today to share some time with Julie. For the past 3 1/2 months, I have had the privilege to have Julie as my legislative assistant. She has always been professional, competent, effective, efficient, and just a lot of fun to be with. I say it from the bottom of my heart, I will miss her but never forget her, and I know the Democratic Caucus will surely miss Julie. If I could just read a quick note from the citation, it says, "NOW THEREFORE, the House of Representatives of the Commonwealth of Pennsylvania extends heartfelt

congratulations to Julie Yarrish upon her well-deserved retirement; expresses deep appreciation for the professionalism and devotion to duty which she has demonstrated throughout her years of valuable service; wishes her a most happy and rewarding future.…" Julie, congratulations. The SPEAKER pro tempore. The Chair thanks the gentleman and congratulates the gentlelady and wishes her the very best on her retirement.

GUESTS INTRODUCED

The SPEAKER pro tempore. To the left of the Speaker, the Chair welcomes Tom Brogan and John Lamoreaux, who are the guests of Representative Kevin Murphy. Please stand and be recognized.

CALENDAR CONTINUED

BILLS ON SECOND CONSIDERATION

The House proceeded to second consideration of HB 924, PN 1625, entitled:

An Act amending Title 18 (Crimes and Offenses) of the

Pennsylvania Consolidated Statutes, further providing for the offense of institutional sexual assault. On the question, Will the House agree to the bill on second consideration? Mr. MARSICO offered the following amendment No. A01621:

Amend Bill, page 2, line 8, by inserting after "school" or any other person who has direct contact with a student at a school

Amend Bill, page 2, lines 21 through 30; page 3, lines 1 through 8, by striking out all of said lines on said pages and inserting

(i) "Direct contact." Care, supervision, guidance or control.

(ii) "Employee." (A) Includes:

(I) A teacher, a supervisor, a supervising principal, a principal, an assistant principal, a vice-principal, a director of vocational education, a dental hygienist, a visiting teacher, a home and school visitor, a school counselor, a child nutrition program specialist, a school librarian, a school secretary the selection of whom is on the basis of merit as determined by eligibility lists, a school nurse, a substitute teacher, a janitor, a cafeteria worker, a bus driver, a teacher aide and any other employee who has direct contact with school students.

(II) An independent contractor who has a contract with a school for the purpose of performing a service for the school, a coach, an athletic trainer, a coach hired as an independent contractor by the Pennsylvania Interscholastic Athletic Association or an athletic trainer hired as an independent contractor by the


Pennsylvania Interscholastic Athletic Association. (B) The term does not include:

(I) A student employed at the school.

(II) An independent contractor or any employee of an independent contractor who has no direct contact with school students.

Amend Bill, page 3, line 9, by striking out "(IV)" and inserting (iii)

Amend Bill, page 3, line 11, by striking out "(V)" and inserting (iv)

On the question, Will the House agree to the amendment? The SPEAKER pro tempore. On that question, the Chair recognizes the gentleman, Mr. Marsico. Mr. MARSICO. Thank you, Mr. Speaker. This is an agreed-to technical amendment, and I ask the members for support. Thank you. The SPEAKER pro tempore. The Chair thanks the gentleman. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–197 Adolph Donatucci Killion Ravenstahl Aument Dunbar Kirkland Readshaw Baker Ellis Knowles Reed Barbin Emrick Kortz Reese Barrar Evankovich Kotik Reichley Bear Evans, D. Krieger Roae Benninghoff Evans, J. Kula Rock Bishop Everett Longietti Roebuck Bloom Fabrizio Mahoney Ross Boback Farry Major Sabatina Boyd Fleck Maloney Saccone Boyle, B. Frankel Mann Sainato Boyle, K. Freeman Markosek Samuelson Bradford Gabler Marshall Santarsiero Brennan Galloway Marsico Santoni Briggs Geist Masser Saylor Brooks George Matzie Scavello Brown, R. Gerber McGeehan Schroder Brown, V. Gergely Metcalfe Shapiro Brownlee Gibbons Metzgar Simmons Burns Gillen Micozzie Smith, K. Buxton Gillespie Millard Smith, M. Caltagirone Gingrich Miller Sonney Carroll Godshall Milne Staback Causer Goodman Mirabito Stephens Christiana Grell Moul Stern Clymer Grove Mullery Stevenson Cohen Hackett Mundy Sturla Conklin Hahn Murphy Tallman Costa, D. Haluska Murt Taylor Costa, P. Hanna Mustio Thomas Cox Harhai Myers Tobash Creighton Harhart Neuman Toepel Cruz Harkins O'Brien, M. Toohil Culver Harper O'Neill Truitt Curry Harris Oberlander Turzai Cutler Heffley Parker Vereb Daley Helm Pashinski Vitali Davidson Hennessey Payne Vulakovich

Davis Hess Payton Wagner Day Hickernell Peifer Waters Deasy Hutchinson Perry Watson DeLissio Johnson Petrarca Wheatley Delozier Josephs Petri White DeLuca Kampf Pickett Williams Denlinger Kauffman Preston Youngblood DePasquale Kavulich Pyle Dermody Keller, F. Quigley Smith, S., DeWeese Keller, M.K. Quinn Speaker DiGirolamo Keller, W. Rapp NAYS–0 NOT VOTING–0 EXCUSED–6 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. On the question, Will the House agree to the bill on second consideration as amended? Bill as amended was agreed to. The SPEAKER pro tempore. The bill as amended will be reprinted.

* * * The House proceeded to second consideration of HB 1121, PN 1526, entitled:


the Pennsylvania Consolidated Statutes, providing for sentencing for offenses committed in association with a criminal street gang. On the question, Will the House agree to the bill on second consideration? Mr. WILLIAMS offered the following amendment No. A01711:

Amend Bill, page 2, line 30, by striking out "or (17)" and inserting

, (17), (19.1) or (19.2) Amend Bill, page 3, line 4, by striking out "or (17)" and inserting

, (17), (19.1) or (19.2) Amend Bill, page 3, line 8, by striking out "or (17)" and inserting

, (17), (19.1) or (19.2) Amend Bill, page 4, by inserting between lines 6 and 7

(19.1) 18 Pa.C.S. § 4952 (relating to intimidation of witnesses or victims), involving a witness to or a victim of a violation of 18 Pa.C.S. § 2502 or 2507 or any of the offenses under paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (19.2), (20) or (21) or a violation of section 13(a)(30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(19.2) 18 Pa.C.S. § 4953 (relating to retaliation against witness, victim or party), involving a witness to, victim of or party to a proceeding alleging, a violation of 18 Pa.C.S. § 2502


or 2507 or any of the offenses under paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (19.1), (20) or (21) or a violation of section 13(a)(30) of The Controlled Substance, Drug, Device and Cosmetic Act. Amend Bill, page 4, line 9, by striking out "or (18)" and inserting

, (18), (19.1) or (19.2) Amend Bill, page 4, line 14, by striking out "or (19)" and

inserting , (19), (19.1) or (19.2)

On the question, Will the House agree to the amendment? The SPEAKER pro tempore. On that question, the Chair recognizes the gentleman, Mr. Williams. Mr. WILLIAMS. Thank you, Mr. Speaker. This bill, it is my understanding, is an agreed-to bill, and I would like the support from both sides of the aisle. The SPEAKER pro tempore. On the amendment, the Chair recognizes the gentleman, Mr. Reichley. Mr. REICHLEY. Thank you, Mr. Speaker. I am in agreement with this amendment. It does provide a helpful clarification to allow for the gang sentencing enhancement to be applied to the charge of intimidation of a witness, and I would ask the members to vote unanimously for the amendment. Thank you. The SPEAKER pro tempore. The Chair thanks the gentleman. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–197 Adolph Donatucci Killion Ravenstahl Aument Dunbar Kirkland Readshaw Baker Ellis Knowles Reed Barbin Emrick Kortz Reese Barrar Evankovich Kotik Reichley Bear Evans, D. Krieger Roae Benninghoff Evans, J. Kula Rock Bishop Everett Longietti Roebuck Bloom Fabrizio Mahoney Ross Boback Farry Major Sabatina Boyd Fleck Maloney Saccone Boyle, B. Frankel Mann Sainato Boyle, K. Freeman Markosek Samuelson Bradford Gabler Marshall Santarsiero Brennan Galloway Marsico Santoni Briggs Geist Masser Saylor Brooks George Matzie Scavello Brown, R. Gerber McGeehan Schroder Brown, V. Gergely Metcalfe Shapiro Brownlee Gibbons Metzgar Simmons Burns Gillen Micozzie Smith, K. Buxton Gillespie Millard Smith, M. Caltagirone Gingrich Miller Sonney Carroll Godshall Milne Staback Causer Goodman Mirabito Stephens Christiana Grell Moul Stern Clymer Grove Mullery Stevenson Cohen Hackett Mundy Sturla Conklin Hahn Murphy Tallman Costa, D. Haluska Murt Taylor Costa, P. Hanna Mustio Thomas

Cox Harhai Myers Tobash Creighton Harhart Neuman Toepel Cruz Harkins O'Brien, M. Toohil Culver Harper O'Neill Truitt Curry Harris Oberlander Turzai Cutler Heffley Parker Vereb Daley Helm Pashinski Vitali Davidson Hennessey Payne Vulakovich Davis Hess Payton Wagner Day Hickernell Peifer Waters Deasy Hutchinson Perry Watson DeLissio Johnson Petrarca Wheatley Delozier Josephs Petri White DeLuca Kampf Pickett Williams Denlinger Kauffman Preston Youngblood DePasquale Kavulich Pyle Dermody Keller, F. Quigley Smith, S., DeWeese Keller, M.K. Quinn Speaker DiGirolamo Keller, W. Rapp NAYS–0 NOT VOTING–0 EXCUSED–6 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. On the question, Will the House agree to the bill on second consideration as amended? Mr. B. BOYLE offered the following amendment No. A01678:

Amend Bill, page 2, line 28, by striking out "murder" and inserting

an offense under 18 Pa.C.S. § 2502(a) or (b) (relating to murder), 2507(a) or (b) (relating to criminal homicide of law enforcement officer)

Amend Bill, page 3, line 2, by striking out "murder" and inserting

an offense under 18 Pa.C.S. § 2502(a) or (b), 2507(a) or (b) Amend Bill, page 3, line 6, by striking out "murder" and

inserting an offense under 18 Pa.C.S. § 2502(a) or (b), 2507(a) or (b)

Amend Bill, page 3, line 9, by striking out "(relating to murder)" Amend Bill, page 3, lines 14 and 15, by striking out "(relating to

criminal " in line 14 and "homicide of law enforcement officer)" in line 15 On the question, Will the House agree to the amendment? The SPEAKER pro tempore. On that question, the Chair recognizes the gentleman, Mr. Boyle. Mr. B. BOYLE. Thank you, Mr. Speaker. I am here to offer amendment 1678, which, very quickly, would clarify the underlying bill, a bill that I happen to strongly support. But this amendment is necessary to clarify and make explicit that the provisions contained within do directly apply to law enforcement officers.


I believe this is an agreed-to amendment and would appreciate this whole body's support. Thank you. The SPEAKER pro tempore. The Chair thanks the gentleman, and on that amendment, the Chair recognizes the gentleman, Mr. Reichley. Mr. REICHLEY. Thank you, Mr. Speaker. The gentleman from Philadelphia is correct, this is an agreed-to amendment, and I would ask the members for their support. Thank you. The SPEAKER pro tempore. The Chair thanks the gentleman. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–197 Adolph Donatucci Killion Ravenstahl Aument Dunbar Kirkland Readshaw Baker Ellis Knowles Reed Barbin Emrick Kortz Reese Barrar Evankovich Kotik Reichley Bear Evans, D. Krieger Roae Benninghoff Evans, J. Kula Rock Bishop Everett Longietti Roebuck Bloom Fabrizio Mahoney Ross Boback Farry Major Sabatina Boyd Fleck Maloney Saccone Boyle, B. Frankel Mann Sainato Boyle, K. Freeman Markosek Samuelson Bradford Gabler Marshall Santarsiero Brennan Galloway Marsico Santoni Briggs Geist Masser Saylor Brooks George Matzie Scavello Brown, R. Gerber McGeehan Schroder Brown, V. Gergely Metcalfe Shapiro Brownlee Gibbons Metzgar Simmons Burns Gillen Micozzie Smith, K. Buxton Gillespie Millard Smith, M. Caltagirone Gingrich Miller Sonney Carroll Godshall Milne Staback Causer Goodman Mirabito Stephens Christiana Grell Moul Stern Clymer Grove Mullery Stevenson Cohen Hackett Mundy Sturla Conklin Hahn Murphy Tallman Costa, D. Haluska Murt Taylor Costa, P. Hanna Mustio Thomas Cox Harhai Myers Tobash Creighton Harhart Neuman Toepel Cruz Harkins O'Brien, M. Toohil Culver Harper O'Neill Truitt Curry Harris Oberlander Turzai Cutler Heffley Parker Vereb Daley Helm Pashinski Vitali Davidson Hennessey Payne Vulakovich Davis Hess Payton Wagner Day Hickernell Peifer Waters Deasy Hutchinson Perry Watson DeLissio Johnson Petrarca Wheatley Delozier Josephs Petri White DeLuca Kampf Pickett Williams Denlinger Kauffman Preston Youngblood DePasquale Kavulich Pyle Dermody Keller, F. Quigley Smith, S., DeWeese Keller, M.K. Quinn Speaker DiGirolamo Keller, W. Rapp

NAYS–0 NOT VOTING–0 EXCUSED–6 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. REICHLEY offered the following amendment No. A01679:

Amend Bill, page 3, line 18, by striking out "2702(a)(1) or (2)" and inserting

2702 On the question, Will the House agree to the amendment? The SPEAKER pro tempore. On the amendment, the Chair recognizes the gentleman, Mr. Reichley. Mr. REICHLEY. Thank you, Mr. Speaker. This amendment was also brought to my attention originally by the gentleman from Philadelphia, Mr. Boyle. I do appreciate it. We do want to make sure that there is not an opportunity for some defendant somewhere down the road saying that we did not explicitly refer to a subsection of the aggravated assault statute. So this amendment would add the clarifying language to specify 2702 generally, and I would ask the members for their support. Thank you. The SPEAKER pro tempore. The Chair thanks the gentleman. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–197 Adolph Donatucci Killion Ravenstahl Aument Dunbar Kirkland Readshaw Baker Ellis Knowles Reed Barbin Emrick Kortz Reese Barrar Evankovich Kotik Reichley Bear Evans, D. Krieger Roae Benninghoff Evans, J. Kula Rock Bishop Everett Longietti Roebuck Bloom Fabrizio Mahoney Ross Boback Farry Major Sabatina Boyd Fleck Maloney Saccone Boyle, B. Frankel Mann Sainato Boyle, K. Freeman Markosek Samuelson Bradford Gabler Marshall Santarsiero


Brennan Galloway Marsico Santoni Briggs Geist Masser Saylor Brooks George Matzie Scavello Brown, R. Gerber McGeehan Schroder Brown, V. Gergely Metcalfe Shapiro Brownlee Gibbons Metzgar Simmons Burns Gillen Micozzie Smith, K. Buxton Gillespie Millard Smith, M. Caltagirone Gingrich Miller Sonney Carroll Godshall Milne Staback Causer Goodman Mirabito Stephens Christiana Grell Moul Stern Clymer Grove Mullery Stevenson Cohen Hackett Mundy Sturla Conklin Hahn Murphy Tallman Costa, D. Haluska Murt Taylor Costa, P. Hanna Mustio Thomas Cox Harhai Myers Tobash Creighton Harhart Neuman Toepel Cruz Harkins O'Brien, M. Toohil Culver Harper O'Neill Truitt Curry Harris Oberlander Turzai Cutler Heffley Parker Vereb Daley Helm Pashinski Vitali Davidson Hennessey Payne Vulakovich Davis Hess Payton Wagner Day Hickernell Peifer Waters Deasy Hutchinson Perry Watson DeLissio Johnson Petrarca Wheatley Delozier Josephs Petri White DeLuca Kampf Pickett Williams Denlinger Kauffman Preston Youngblood DePasquale Kavulich Pyle Dermody Keller, F. Quigley Smith, S., DeWeese Keller, M.K. Quinn Speaker DiGirolamo Keller, W. Rapp NAYS–0 NOT VOTING–0 EXCUSED–6 Hornaman Maher O'Brien, D. Swanger Lawrence Miccarelli The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. On the question recurring, Will the House agree to the bill on second consideration as amended? Bill as amended was agreed to. The SPEAKER pro tempore. The bill as amended will be reprinted.

GUESTS INTRODUCED

The SPEAKER pro tempore. Located in the balcony today, the Chair welcomes the representatives of Carbon County Relay For Life, who are the guests of Representative Doyle Heffley. Please rise and be recognized. For the information of the members, there will be no further votes, but the Chair would like to recognize the gentleman, Mr. DeWeese, on unanimous consent.

DEMOCRATIC CAUCUS

The SPEAKER pro tempore. It is my understanding that the minority has a caucus announcement? You may proceed, Mr. Frankel. Mr. FRANKEL. Thank you, Mr. Speaker. As soon as we break, Democrats will gather for a very important caucus, at the break. Thank you. A caucus at the break.

EDUCATION COMMITTEE MEETING

The SPEAKER pro tempore. For what purpose does the gentleman, Mr. Clymer, rise? Mr. Clymer, you are recognized. Mr. CLYMER. Thank you, Mr. Speaker. I was on the cell phone simultaneously as stepping up here, and I was talking to my administrative assistant, who gets top priority; we know that. I am sorry, but you are secondary as to the phone call, so I needed to clarify that. Just to let you know, Mr. Speaker, that the House Education Committee will be meeting right now at the rear of the hall to discuss HB 1330. Thank you. The SPEAKER pro tempore. Mr. Clymer, earlier you had announced in room 245 you were meeting. Is that correct? Mr. CLYMER. I stand corrected. It is 245. It is room 245. Thank you. The SPEAKER pro tempore. Thank you, Chairman Clymer. Any other announcements?

STATEMENT BY MR. DeWEESE

The SPEAKER pro tempore. The Chair recognizes the gentleman, Mr. DeWeese, on unanimous consent. Mr. DeWEESE. Thank you, Mr. Speaker. The SPEAKER pro tempore. Members, please come to order. Members— Mr. DeWEESE. From time to time, the institutional prerogatives of this chamber need to be noted, perceived by one and all, and certainly respected by the membership and by the Commonwealth at large. This institution, the House of Representatives of our General Assembly, has recently been buffeted and pummeled by a grand jury investigation, and today I am only going to speak for 2 or 3 minutes on one snippet of that investigatory enthusiasm, rendered by the former Attorney General, His Excellency, our current Governor. The 28th grand jury on page 6 of its final report talked about, in the title, "TAXPAYER-FUNDED POLITICAL CAUCUSES MUST END," and the timing propinquity of my comments, and the gentleman from Squirrel Hill just announcing a caucus, leads me to this two- or three-sentence observation from the grand jury: "One 'time warp'…" raised by our effort was "…taxpayer funded...political caucuses in Pennsylvania. As currently constituted, each political party has a caucus in each chamber of the Pennsylvania General Assembly…" – the Senate Republican Caucus, the House Republican Caucus, the Democratic Senate Caucus, the Democratic House Caucus. "These entities exist in the shadows of the law, as the years go by eating up more and more taxpayer resources with little to no tangible benefit to the taxpayers of Pennsylvania. The taxpayers


of Pennsylvania elect individual members to public office, not an amorphous creature called a 'caucus' that consumes resources,…" is unanswerable all but to a select few, "and delivers no tangible benefits to the taxpayers." That was the perspective of that grand jury. And as all of you might opine, in a rather melancholy note, I have a better perspective of those people than you do. Having said that, respectfully, as I conclude my remarks, I want to talk for one more sentence on Angela Couloumbis's article a few days ago. The first sentence in her article, quote: "Gov. Corbett made an unusual and unexpected appearance Tuesday afternoon at a closed-door meeting of…" the Senate Republican Caucus "…to shore up support for a school-voucher bill…." Then lastly, Brad Bumsted of the Pittsburgh papers: "…Tom Corbett on Tuesday took the unusual step of appearing before the Senate GOP closed-door caucus to argue—" The SPEAKER pro tempore. Will the gentleman suspend.

OBJECTION TO UNANIMOUS CONSENT The SPEAKER pro tempore. Objection has been raised on unanimous consent.


The SPEAKER pro tempore. The Chair recognizes the gentleman, Mr. Dennis O'Brien, on the floor of the House. He will be added to the master roll. Mr. DeWEESE. A parliamentary inquiry, Mr. Speaker. The SPEAKER pro tempore. The gentleman will state his parliamentary inquiry. Mr. DeWEESE. As I relinquish the microphone, I would like to indicate as a former presiding officer of the chamber that I am a little disappointed. Thank you. The SPEAKER pro tempore. The gentleman's remarks are duly noted.

BILLS RECOMMITTED

The SPEAKER pro tempore. The Chair recognizes the majority leader, who moves that the following bills be recommitted to the Committee on Appropriations: HB 924; HB 1121; and HB 1281. On the question, Will the House agree to the motion? Motion was agreed to.

BILLS REMOVED FROM TABLE

The SPEAKER pro tempore. The Chair recognizes the majority leader, who moves that the following bills be removed from the tabled calendar and placed on the active calendar: HB 529 and HB 807.

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

BILLS TABLED

The SPEAKER pro tempore. The Chair recognizes the majority leader, who moves that the following bills be removed from the active calendar and placed on the tabled calendar: HB 529 and HB 807. On the question, Will the House agree to the motion? Motion was agreed to.

RESOLUTION

Mr. TURZAI called up HR 89, PN 917, entitled: A Resolution directing the Joint State Government Commission to

study and review the economic impacts on the regulated community and on the Commonwealth of implementation of the 2008 amendments to the Dog Law and the regulatory standards which were adopted to implement the legislation. On the question, Will the House adopt the resolution?

RESOLUTION TABLED

The SPEAKER pro tempore. The Chair recognizes the majority leader, who moves that HR 89 be removed from the active calendar and placed on the tabled calendar. On the question, Will the House agree to the motion? Motion was agreed to.

RESOLUTION REMOVED FROM TABLE

The SPEAKER pro tempore. The Chair recognizes the majority leader, who moves that HR 89 be removed from the tabled calendar and placed on the active calendar. On the question, Will the House agree to the motion? Motion was agreed to.

BILLS AND RESOLUTIONS PASSED OVER

The SPEAKER pro tempore. Without objection, all remaining bills and resolutions on today's calendar will be passed over. The Chair hears no objection.

ADJOURNMENT

The SPEAKER pro tempore. Are there any further announcements?


Seeing none, the Chair recognizes the gentleman, Mr. Aument, from Lancaster County, who moves that this House do now adjourn until Wednesday, May 4, 2011, at 11 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 2:22 p.m., e.d.t., the House adjourned.

Documents

COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL · 2011-09-26 · PASTOR DOUGLAS E. TURNER, Guest Chaplain of the House of Representatives, offered the following prayer: Blessed