COMMONWEALTH OF PENNSYLVANIA
LEGISLATIVE JOURNAL
TUESDAY, NOVEMBER 17,1998
SESSION OF 1998
182D OF THE GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVES
The House convened at 11 a.m., e.s.t.
THE SPEAKER (MATTHEW J. RYAN)
PRESIDING
1 No.
(The Pledge of Allegiance was recited by members and
visitors.).
JOURNAL APPROVAL POSTPONED
The SPEAKER. Without objection, the approval of the Journal
of Monday, November 16, 1998, will be postponed until printed.
The Chair hears no objection.
The Democratic Caucus leadership has requested that we
conduct no business to allow them to complete their caucus, so for
the benefit of those within my hearing, there will be no business on
the floor until 11:30 a.m. In the meantime, the House will stand at
ease.
2954
By Representative WALKO
definitions and for composition of governing bodies.
Referred to Committee on RULES, November 17,1998.
REV. WINFIELD E. ENGLER, chaplain of the Firemen's
Association of the State of Pennsylvania, P a I m p , Pennsylvania,
guest Chaplain and guest of the gentleman from York Mr. Saylor,
offered the following prayer:
PLEDGE OF ALLEGIANCE
HOUSE BILLS
INTRODUCEDANDREFERRED
An Act amending the act of July 29,1953 (P.L.1034, No.270), known
as the Public Auditorium Authorities Law, further providillg for
PRAYER
Eternal and ever-loving God, our Heavenly Father, thou God
and Father of each and every one of us, we pause momentarily, as
is our custom, before gathering, before meeting, before decisions
are discussed and made. We ask that You would see this our prayer
of heartfelt thanksgiving, for You gave us responsible citizens
another day in which to carry out the tasks before us.
We ask that You would forgive any shortcomingsthat we may
have. Help us to be honest and truthful, one with another, faithful
to family and friends. Reconnect us to those we have alienated.
Guide our thinking, and fmally, dismiss us to another night of rest,
cleansing, and rejuvenation.
Amen.
No. 51
No. 2955
By Representatives MILLER, RUBLEY,
ARGALL, SHANER, STERN, TRAVAGLIO, ROHRER,
HERSHEY, GEIST, READSHAW, SANTONI, E. Z. TAYLOR,
WAUGH, ZIMMERMAN, PLATTS, SEYFERT, BAKER,
McILHATTAN, BOSCOLA, BARRAR, WILT, HARHAI,
C. WILLIAMS, L. I. COHEN, YOUNGBLOOD, ADOLPH,
MAHER, MICOZZIE and THOMAS
An Act amending the act of March 4, 1971 (P.L.6, NO.^), known as
the Tax Reform Code of 1971, further providing for filing of sales tax
rehuns.
I
Referred to committee on RULE^,
17, 1998,
No. 2956
By Representatives ZUG,
MARSICO,
PHILLIPS, FICHTER, COY, BELARDI, TANGRETTI,
COLAIZZO, MELIO, BAKER, LAUGHLIN, WOJNAROSKI,
BEBKO-JONES. LYNCH. SHANER. BARRAR. L. I. COHEN.
SCHRODER, SEYFERT, M~NAUGH~ON,
'CHADWICK;
WAUGH, HERSHEY, WILT, MICOZZIE, FARGO,
STEVENSON, E. Z. TAYLOR, TRUE, FORCIER, LEDERER,
SCRIMENTI, ORIE, EGOLF, HARHART, GEIST,
HUTCHINSON, YOUNGBLOOD, McCALL, M c I L m Y and
KENNEY
An Act repealing the Inheritance and Estate Tax Act.
Referred to Committee on RULES, November 17,1998.
No. 2957
By
Representatives
CALTAGIRONE,
BATTISTO, BEBKO-JONES, BELARDI, ARGALL, SEYFERT,
BELFANTI,
BISHOP,
BOSCOLA,
CAPPABIANCA,
M. COHEN, HENNESSEY, COLAIZZO, BIRMELIN,
MASLAND, YOUNGBLOOD, SAINATO, SANTONI,
SCRIMENTI,MANDERINO, LESCOVITZ, KAISER, TRELLO,
PESCI, MELIO, COWELL, RUBLEY, CORRIGAN, EVANS,
STETLER, WALKO, C. WILLIAMS, L. I. COHEN, GIGLIOTTI,
HERSHEY, WOJNAROSKI, STABACK, ROBINSON, RIEGER,
1998
LEGISLATIVE JOURNAL -HOUSE
1867
The services that volunteers provide to the community often go
Whereupon, the Speaker, in the presence of the House, signed
without
public recognition or even a simple tbank-you But lest you
the same.
think that Pennsvlvania has overlooked its volunteers or forgotten
their lifesaving contributions, I want to say that this
ADDITIONS AND DELETIONS OF SPONSORS
Commonwealth
knows well the contributions of firefighters.
The
bottom
line
is that we as a Commonwealth and as a
The SPEAKER. The Chair acknowledges receipt of additions
community owe a debt of gratitude to the volunteers that are
and deletions for sponsorships of bills, which the clerk will file.
making Pennsylvania a better place to live, and we all benefit h m
their dedication and willingness to serve.
(Copy of list is on file with the Journal clerk.)
I would like to recognize today a young lady whose father this
year was killed in the line of duty with the Laurel Fire Company of
LEAVES OF ABSENCE
Widsor, Pennsylvania Would you please recognize with me
The SPEAKER. The Chair recognizes the majority whip, Angie Rohrbaugh, the daughter of the late Douglas Rohrbaugh,
who requests a leave of absence for the gentleman from Bucks, who is seated in the front of the House.
Mr. Speaker, at this time I also would like to recognize sitting
Mr. REINARD, for today's session. Without objection, leave will
in the back of the House our firefighters throughout the
be granted. The Chair hears none.
It is the understanding- of the Chair that the Democrat whip has Commonwealth and people in emergency senices, if they would
please rise.
no requests for leaves.
Mr. Sneaker. at this time I would like to yield the floor to
Representative Hennessey for one more introduction.
CONSUMER AFFAIRS
The SPEAKER. Mr. Hennessey.
COMMITTEE MEETING
Mr. HENNESSEY. Thank you, Mr. Saylor. Thank you,
Mr.
Speaker.
The SPEAKER. The Chair recognizes the gentleman,
Mr.
Speaker, it is entirely appropriate that we take some time to
Mr. wogan.
honor
our
firefighters and emergency personnel who respond every
Mr. WOGAN. Thank you, Mr. Speaker.
day
across
the Commonwealth and face untold dangers. They
There will be a meeting of the House Consumer Affairs
generally
perform
valiantly in the face of those dangers, but
Committee immediately upon the call of the recess in the back of
sometimes
the
dangers
are much too real and they lead to tragic
the House floor. Thank you, Mr. Speaker.
results.
The SPEAKER. The Chair thanks the gentleman.
We are joined today by Mary Ann Good and her father,
William Jackson, who are seated up here in the front right of the
GUEST INTRODUCED
chamber. Mary Ann's husband, David, was struck down on
March 9 of this year on the Pennsylvania Turnpike in Chester
The SPEAKER. The Chair is pleased to welcome to the hall of
County. Dave gave his life typically in the service of others,
the House today Audrey Rose of Hershey, who is serving as a guest
responding to aprior motor vehicle accident If you know anything
page for the gentleman, Mr. Tulli. Would the guest please rise.
about David, he gave his life doing what he wanted to do, and that
is being in the service of others.
STATE GOVERNMENT
So, Mary Ann and Mr. Jackson, please accept our thanks and
COMMITTEE MEETING
our appreciation for David's heroism.
Thank you, Mr. Speaker.
The SPEAKER. The gentleman, Mr. Clymer.
Mr. CLYMER. Thank you, Mr. Speaker.
GUESTS INTRODUCED
Mr. Speaker, upon the declaration of recess, there will be a
meeting of the State Government Committee in the rear of the
The SPEAKER. The Chair is pleased to welcome to the hall of
House. Thank you very much.
the House today Jon Bealle, recorder of deeds of Beaver County;
1
-
I
VOLUNTEER EMERGENCY SERVICES
PERSONNEL HONORED
The SPEAKER. The House will come to order. Members will
please take their seats.
The Chair recognizes the gentleman, Mr. Saylor.
Conferences on the floor will please break up.
Mr. SAYLOR. Thank you, Mr. Speaker.
Today is a special day here on the House floor because we are
here to honor some very important community servants and to
express our appreciation to everyone who has volunteered time and
energy serving the Commonwealth as volunteer fuefighters and
emergency medical personnel.
Pam Webb, director of Big Brothers and Big Sisters of Beaver
County. They are here today as the guests of the Representatives
from Beaver County. Would the guests please rise.
The Chair is pleased to welcome to the hall of the House today
Janet Klein and Dr. John Lawrence, chairman and a member of the
Pennsylvania Historical Museum Commission. I might also add
that I was privileged to attend last month the induction of
Dr. Lawence as the president ofthe Pennsylvania Medical Society.
I ampleased to welcome him here as my guest. Would the guests
please rise.
The Chair apologizes to the gentleman, Brent Glass. There,
wave. Everybody knows you.
LEGISLATIVE JOURNAL -HOUSE
1868
Chadwick
Civera
Clark
Clymer
Cohm, L. I.
Cohm, M.
Colafella
Colaiao
Comell
Corpora
corrigan
Cowell
COY
arry
Daley
Dally
DeLuca
Dempsey
Dent
Dermody
DeWeese
DiGirolamo
Donatucci
JACKIE CARLETON PRESENTED
The SPEAKER. The Chair recognizes the gentleman,
Mr. Curry.
The gentleman, Mr. Cuny.
Mr. CURRY. Thank you, Mr. Speaker.
Mr. Speaker, this morning I am pleased to introduce to you and
members of the House Jackie Carleton of Jenkintown. Jackie is our
Pennsylvania Class AA State champion in women's tennis.
Jackie has certainly earned the ranking of champion. In the State
championships at Hershey earlier this month, she won four matches
in the semifinals and finals without losing a single set.
Jackie has had an impressive season. She is number one in the
Bicentennial League championship, number one in the District 1
championship, and in her regular season, she did not lose a single
game. Number one now, Pennsylvania State championship.
In the 14-and-under category, Jackie is ranked number one in
Pennsylvania in the Middle States Association and number three in
the country in the Middle States Association. Jackie has five
tournaments on her calendar, including the 14-and-under
U.S. Indoor National Championships in St. Louis as well as
tournaments in Arizona and Florida. I know the House will want to
join me in wishing her well in these tournaments and especially on
becoming our State champion. Jackie.
With Jackie today are her father and mother, Frank and Nyla
Carleton, over here, and in the back of the hall of the House,
her coach, Joann May, and her brothers, Reid Carleton and
Tripper Carleton.
Thank you.
The following roll call was recorded:
Pesci
Pew~ca
Petlone
Phillips
P~PPY
Pistella
Plans
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
Roberts
Robinson
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
Trich
Tme
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
Wogan
Wojnaroski
Wright, M. N.
Yewcic
Youngblood
Zimmerman
zug
Ryan,
Speaker
NOT VOTING4
Reinard
LEAVES ADDED-3
COhen. L.
MASTER ROLL CALL
The SPEAKER. The Chair is about to take today's master roll
call. Members will proceed to vote.
Hershey
Hess
Horsey
Hutchinson
Itkin
Jadlowiec
James
Jarolin
Josephs
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGrotta
Laughlin
Lawless
Lederer
Leh
Lescovitz
Levdansky
Lloyd
Lucyk
NOVEMBER 17
I
I
Kenney
LaGrotta
SUPPLEMENTAL CALENDAR A
RESOLUTIONS PURSUANT TO RULEIS
Ms. JOSEPHS called up HR 556, PN 4126, entitled:
A Resolution commemorating the 183rd anniversary of the birth o f
General George Gordon Meade.
Adolph
Allen
Argall
-ng
Baker
Bard
Barley
B m
Battist0
Bebko-Jones
Belardi
Belfanti
Benninghoff
Birmelin
Bishop
Blaum
Boscola
Boyes
Browne
Bunt
Butkovitz
Buxton
Caltagjmne
Cappabianca
Cam
Carone
Casorio
Cawley
Druce
Eachus
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Foxier
Cannon
Geist
George
Giglioni
Gladeck
Godshall
Gordner
Gruitza
GNPP~
Habay
Haluska
Hanna
Harhai
Harhatl
Hay
Hennessey
Herman
Lynch
Maher
Maitland
Major
Manderioo
Markosek
Manico
Marland
Mayemik
McCall
McGeehan
McGill
McIlhattan
McIlhinney
McNaughton
Melio
Michlovic
Micoaie
Miller
Mundy
Myers
Nailor
Nick01
O'Brien
Olasz
Oliver
Orie
Penel
Saylor
Schroder
Schuler
Scrimenti
Smel
Serafini
Seyfert
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W
Staback
SFin
Steelman
Steil
Stem
Stetler
Stevenson
Strimnatter
SNrla
S m
Tangretti
Taylor, E. 2.
Taylor, J.
Thomas
Tigue
Travaglio
Trello
On the question,
Will the House adopt the resolution ?
I
;
The following roll call was recorded:
Adolph
Allen
Argall
Annsnong
Baker
Bard
Barley
Barrar
Banisto
Bebko-Jones
Belardi
Belfanti
Benninghoff
Biielin
Blaum
Boscola
Boyes
Bmwne
Bunt
Eachus
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Foxier
Gannan
Geist
George
Giglioni
Gladeck
Godshall
Gordner
Gruitza
~ P P O
Maher
Maitland
Major
Manderino
Markosek
Marsieo
Masland
Mayemik
McCall
McGeehan
MeGill
McIlhattan
Mcllhinney
McNaughton
Melio
Michlovic
Micoaie
Miller
Mundy
Schroder
Schuler
Scrimenti
Semmel
Serafini
Seyfert
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stain
Steelman
Steil
Stem
Stetler
Stevenson
Strimnaner
Sturla
LEGISLATIVE JOURNAL -HOUSE
Butkovitz
Buxton
Caltagirone
Cappabianea
Cam
Carone
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohen, L. I.
COhen, M.
Colafella
Colaiuo
Comell
corpora
corrigan
Cowell
COY
cuny
Daley
Dally
DeLuca
Dmpsey
Dent
Dermody
DeWeese
DiGirolamo
DonaNcci
Lhce
Harhai
Harhart
Hasay
Hennessey
Herman
Hershev
Hess
Horsey
Hutchinson
Itkin
Jadlowiec
James
Jarolin
Josephs
Kaiser
Keller
Kennev
Laughlin
Lawless
Lederer
Leh
LescoviQ
Levdansky
Lloyd
Lucvk
~ynfh
O'Brien
Olasl
Oliver
Orie
Perzel
Pesci
Pemca
Perrone
Phillips
P~PPY
Pistella
Plans
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
Roberts
Robinson
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
saylor
Taylor, 3.
Thomas
Tigue
Travaglio
Trello
Trieh
True
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Wauxh
Williams, A. H
Williams, C.
Wilt
Wogan
Wojnaroski
Wright, M. N.
Yewcic
Youngblood
Zierman
Z'Jg
I
Ryan,
Soeaker
NAYS4
NOT VOTING1
Boyes
Browne
Bunt
Butkovitz
Buxtan
Caltagirone
Cappabiia
Cam
Camne
Casorio
Cawley
Chadwiek
Civera
Clark
Clymer
Cohen, L. I.
Cohen, M.
Colafella
Colaiuo
Cornell
Corpora
Conigan
Cowell
COY
CW
Daley
Dallv
~eiuca
D~P=Y
Dent
Dermody
DeWeese
DiGirolamo
DonaNcci
Bishop
I
Reinard
Godshall
Gordner
Gruitra
~ P P O
Habav
~aluika
Hanna
Harhai
Harhart
Hasay
Hennessey
Herman
Hershey
Hess
Horsey
Hutchinson
Itkin
ladlowiec
lames
Jarolin
Josephs
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGmm
lauehlin
~awiess
LedLeh
Lescovitz
Levdansky
Lloyd
Lucyk
Melio
Michlovic
Micozzie
Miller
Mundy
Myen
Nailor
Nickal
O'Brien
Olasz
Oliver
Orie
Perzel
Pesci
Pebarca
Petrone
Phillips
P~PPY
Pistella
Plans
Presron
Ramos
Raymond
Readshaw
Reba
Rieger
Robem
Robinson
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
Saylor
Steelman
Steil
Ste",
Stetler
Stevenson
Striwaner
Sturla
sum
Tangretti
Taylor, E. Z.
Taylor, J.
Thomas
Tigue
Travaglio
Trello
Trich
True
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
Wogan
Wojnamski
Wright, M. N.
Yewcic
Yovngblood
Zimmerman
7%
Ryan,
Speaker
NOT VOTING1
Bishop
The majority having voted in the affirmative, the question was
determined in the affirmative and the resolution was adopted.
EXCUSED-I
Reinard
Mr. BENNINGHOFF called up HR 557, PN 4127, entitled:
A Resolution commemorating "Pearl Harbor Remembrance Day."
The majority having voted in the afiirmative, the question was
determined in the affirmative and the resolution was adopted.
***
On the question,
Will the House adopt the resolution?
Mr. DeLUCA called up HR 559, PN 4129, entitled:
The following roll call was recorded:
A Resolution observing the week of November 22 through 28, 1998,
a s "National Family Week" in Pennsylvania.
YEAS201
Adolph
Allen
Argall
Armst~ong
Baker
Bard
Barlev
Barn
Banisto
Bebko-Jones
Belardi
Belfanti
Eachus
Egolf
Evans
Fairchild
Farga
Feese
Fichter
Fleagle
Flick
Forcier
Gannon
Geist
Maher
Maitland
Major
Manderino
Markosek
Manico
Masland
Mayemik
McCall
McGeehan
MeGill
McIlhanan
Schroder
Schuler
Scrimenti
Semmel
Serafini
Seyfen
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stairs
On the question,
Will the House adopt the resolution?
The SPEAKER. Does the gentleman, Mr. DeLuca, desire
recognition on HR 559?
Mr. DeLUCA. Yes, Mr. S~eaker.Thank you.
I usually would n i t speak on a resolution, but I t h i i this
resolution is very important. I just want to say a few words
pertaining to it.
NOVEMBER 17
F i t of all, I want to thank all the members who joined me in
sponsoring this very important resolution. You know, sometimes
we get caught up in the busyness of the holiday season and forget
that this is a time to r e c o r n how important families are. Families
are important to their individual members, but we need to
remember that families are vital to our society as a whole.
A family can mean any number of things to any number of
people, but one of the common threads you will find in all types of
families is that the family is where we draw our strength. Our
families ean be a stabilizing force, and we need to encourage
families to recognize their worth and to promote their value.
As Ihnksgiving approaches, I am particularly thankful for the
love and support of my family, and I believe that is the sentiment
of all the members here in the House. Families are our home base,
our security blanket at times, and I thank everyone for joining me
in recognizing the importance of what families mean to us in this
Commonwealth and this gteat country of ours. Thank you,
MI. speaker.
Dent
Dennodv
~ewees;
DiGirolamo
Donatucci
Levdansky
Lloyd
~u&k
Lynch
Maher
Rubley
Sainato
Santoni
Sather
Saylor
Armsttong
Egolf
Hutchin-
Zug
Ryan,
Speaker
NOT VOTING2
Forcier
Wilt
Reinard
The majority having voted in the affirmative, the question was
determined in the affumative and the resolution was adopted
On the question recurring,
Will the House adopt the resolution?
Mr. SURRA called up HR 561, PN 4131, entitled:
The fdtowing roll call was recorded:
A Resolution commending the City of Dubois and its volunteer fm
department for being one of 28 cities in the nation to receive a number one
m;lkingfor public f%e protection.
Adorn
AUen
Argal
Baker
Bard
Barley
Baaar
Banisto
Bebkc-Jones
Belardi
Bclfand
Berminghoff
Birmelin
Bishop
Blaum
Boscola
Boys
Bmwne
Bunt
Butkovitr
Buxm
Caltagirone
Cappbhca
h e
Eachus
MaiUand
Evam
Manderino
Markosek
Manic0
Masland
Mayemik
MeCali
McGeehan
McGin
Mcllhatan
McIUlimey
McNaughton
Melio
Michlovic
Micoaie
Miller
Munay
Myen
Nailor
Nickol
O'Brien
Olaa
Oliver
Fairchild
Far~o
Feere
Fichter
Eeagle
nick
Camon
Geia
Gwz.e
Gigiiotti
Cladeck
Godshall
Gordner
Gruiea
Gnrppo
Habay
Hal&
Hanoa
Harhai
HarhaIt
Cam
H=Y
Camne
Hennessey
Herman
Casorio
Cawley
Hershcy
Hers
Chadwick
Civera
Horsey
ckk
Itkin
Jadlowiec
Clymer
James
Cohes L. I.
Cohm M.
Jarolin
Colafella
Josephs
Kaiser
COlaia0
Camell
Keller
Kenney
corpora
Calrigan
Kirkland
Cowell
Krebs
LaGrona
COY
Laughlin
Cuny
Daley
Lawless
Dally
Lederer
DeLuca
Leh
D ~ ~ P s ~ Y Lescovin
Major
we
Parel
Pewi
Pmxca
Peuone
Phillips
P~PPY
Pinella
Plalts
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
Robens
Robznron
Roebuck
Rohrer
Rooney
Ross
Schmder
Schuler
Scmnmti
Same1
On the question,
Will the House adopt the resolution?
Serafini
SeYf~t
Shaner
Smith, B.
Smith,S. H.
Snyder, D. W.
Staback
Stain
Steehan
Steil
Stan
Stetler
Stevenson
Striimntter
SMa
Swa
Ta"&
Taylor, E. Z.
Taylor, J.
Thomas
Tigue
Tlavaglia
Trello
Trich
True
TUG
Vance
Van Home
Veon
Vitali
Walko
Washingon
wawh
Williams, A. H
Williams. C.
Wopan
Wojnaroski
wrighs M. N.
Yewcic
Youngblood
Zimmman
The following roll call was recorded:
Adolph
Allm
Amstrong
Baker
Bard
Barley
Barrar
Banisto
BebkuJones
Belardi
Benninghoff
Bimclin
Bishop
BIaum
Bowola
Boyes
Brawne
Bunt
Bmkovm
Bunton
Caltagimne
Cappabianca
Cam
Carone
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohen, L. I.
Cohen, M.
Colafelia
Colaiao
Eachus
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Forcier
Cannon
Geist
Georxc
Gig3iotti
Gladeck
Godshall
Gardner
Gmita
G ~ P P ~
Habay
Haluska
Hanna
Harhai
Harhan
Hasay
Hennessey
Herman
Hershey
Hess
Horsey
Hutchinson
Itkin
Jadlowiec
James
Jarolin
Maher
Maitland
Major
Manderino
Markasek
Marsico
Marland
Mayemik
McCall
McGeehan
McGill
Mcllhatan
McIlhinney
MeNaughton
Melio
Miehlovic
Micoaie
Miller
Mundy
Myers
Nailor
Nickol
O'Brien
Olasz
Oliver
Orie
Perzel
Pesci
Perrarca
Penone
Phillips
P~PPY
Pistella
Plans
Pieston
Schroder
Schuler
Scrimenti
Semmel
Serafini
Seyfert
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stain
Steelman
Steil
Stern
Stetler
Stevenson
Smwauer
Sturla
Sum
Tangretti
Taylor. E. Z.
Taylor, J.
Thomas
Tigue
Travaglio
ireho
Trich
True
Tuili
Vance
Van Home
Veon
Vital,
Walko
LEGISLATIVE JOURNAL -HOUSE
Comell
Corpora
Corriean
c0wei1
COY
curry
Daley
Dally
DeLuca
Dempsey
Dent
Dermody
DeWeese
DiGirolamo
DOnaNcci
h c e
Joseph
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGrona
Laughlin
Lawless
Ledem
Leh
LescoviK
Levdansky
Lloyd
Lucyk
Lynch
Ramos
Raymond
Readshaw
Reber
Rieger
Roberts
Robinson
Roebuck
R0hrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
Saylor
Washington
Waugh
Williams. A. H.
williams; C.
Wilt
Wogan
Wojnarorki
Wright, M. N.
Yewcic
Youngblaad
Zimmerman
zug
Cawley
Chadwick
Civera
Clark
Clymcr
Cohen, L. I.
Cahen, M.
Colafella
Colaizzo
cornell
corpora
Corrigan
Cowell
COY
curry
Daley
Dally
DeLuca
Dempsey
Dent
Dermody
DeWeese
DiGimlamo
Danatucci
Ryan,
Speaker
NAYW
NOT VOTING-1
Belfanti
Herman
Hershey
Hess
Horsey
Hutchinson
Itlrin
Jadlowiec
James
Iamlin
Josephs
Kaiser
Kelfcr
Kenney
Kiddand
Krebs
LaGIom
Laughlin
Lawless
Lederer
Leh
Leseovie
Levdansky
Lloyd
Lucyk
Perzel
Pesci
Pewrca
Petrone
Phillips
P~PPY
Pistella
Platts
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
Roberts
Robimson
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
Trello
Trich
True
Tulli
Vance
Van Home
Veon
Vitali
walk0
Washington
Waugh
Williams, A H
Williams, C.
Wilt
Wogan
Woinaroski
wight, M. N.
Yewcic
Younghlood
Zimerman
Zug
Ryan,
Speaker
EXCUSED-1
NAYS4
Reinard
NOT VOTING4
The majority having voted in the affmative, the question was
determined in the affirmative and the resolution was adopted.
EXCUSELLl
Mr. KENNEY called up AR 562, PN 4132, entitled:
I
A Resolution congratulating Saint Andrew's-in-the-Field Church on
its 100th Anniversary.
The majority having voted in the affirmative, the question was
determined in the affirmative and the resolution was adopted.
I
Onthe question,
Will the House adopt the resolution?
The following roll call was recorded:
YEAS202
Barley
Bamr
Banisto
Bebko-Jones
Belardi
Belfanti
Benninghaff
Binnelin
Bishop
Blaum
Boscola
Boyes
Brow
Bunt
Butkovia
Buxton
Caltagirone
Cappabianca
Cam
Carone
Cawrio
Feese
Fichter
Fleagle
Flick
Forcier
Gannon
Geirt
George
Gigliotti
Gladeck
Gadshall
Gordner
Gruiaa
GNPPO
Habay
Haluska
HaMa
Harhai
Harhart
Haray
Hennessey
Marsico
Masland
Mayemik
McCall
McGeehan
McGill
McIlhattan
Mcllhinney
McNaughton
Melio
Michlovic
Micozzie
Miller
Mundy
Myers
Nailor
Nickol
O'Brien
Olasr
Oliver
One
Seyfen
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stairs
Steelman
Steil
Stem
Staler
Stevenson
Snimaner
Sturla
Sun8
Tanpreni
Taylor, E. Z.
Taylor, J.
Thorn
Tigue
Travaglio
Reinard
GUESTS INTRODUCED
The SPEAKER. The Chair is pleased to welcome to the hall of
the House today, as the guests of Representative Joseph Corpora,
Mr. Richard Shiroff and his daughter, Sarah. Sarah is serving as a
:oday, and Mr. ~hiroffis seated to the left of the Chair.
RULES SUSPENDED
The SPEAKER. The Chair turns to page 1 of today's calendar.
The Chair recognizes the gentleman, Mr. Hasay.
Mr. HASAY. Mr. Speaker, I ask that the House suspend the
rules so that SB 95 can be immediately voted upon. It is an
important bill. This bill has been in both chambers now for 8 to
10 years, trying to get it passed, and it is very, very important that
all institutions have FDIC (Federal Deposit Insurance Corporation)
insurance, Mr. Speaker. Thank you.
The SPEAKER. The Chair thanks the gentleman.
On the question,
Will the House agree to the motion?
I
~.
LEGISLATIVE JOURNAL -HOUSE
I
The following roll call was recorded:
NOVEMBER 17
BILL ON THIRD CONSIDERATION
The House proceeded to third consideration of SB 95, PN 2283,
Adolph
Allen
ArpaU
A
gBaker
Bard
Barley
Bamv
Battiao
Bebko-Jones
Belardi
Belfanti
Benninghoff
Birmelin
Bishop
Blaum
Boscola
Boyes
Browne
Bunt
Butkovie
Buxton
Caltlgimne
Cappahianca
Cam
casorio
cawle"
~hadGick
Civem
Clark
Clymer
Cohen, L. I.
Cohen, M.
Colafella
Colaiao
Cornell
Corpora
Comgan
Cowell
COY
curry
Daley
DaUy
DeLuca
Demw
Dent
Dmnody
DeWeere
DiGirolamo
Donahleci
huce
Eachus
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Forcier
Cannon
Geist
George
Giglioui
Gladeck
Godshall
Cardner
Gmit7.a
GWPP
Habay
Haluska
Hanna
Harhai
Harharl
H=Y
Hennessey
Herman
Henhey
Hess
Horsey
Hutchinson
Itkin
Jadlowiec
lames
Jarolin
Josephs
Kaiser
Keller
Kenney
Kirkland
LaGrotta
Laughlin
Lawless
Lederer
Leh
Lercovitz
Levdansky
Lloyd
Lucyk
Lynch
Maher
Major
Manderino
Markosek
Manico
Masland
Mayernik
McCall
McGeehan
McCill
Mcllhanan
Mcllhinney
McNaughtan
Melio
Miehlavic
Micozzie
Miller
Mundy
Myers
Nailor
Nickol
O'Brien
Olau
Oliver
Chie
Peml
Pesci
Pema
Pmne
Phillips
P~PPY
Pistella
Platts
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
RobRobinson
Roebuck
Rohrer
Rooney
ROSS
Rubley
Sainato
Santoni
Sather
Saylor
Schroder
Schuler
Scrimenti
Semmel
Serafini
Seyfert
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stzin
Steelman
Stem
Stetlet
stevenson
Sbimnaner
Smla
Surra
Tangretti
Taylor, E. Z.
Taylor, 3.
ThoTigue
Travaglio
Trello
Trich
Tme
Tulli
Vance
Van Home
van
Vitali
Walko
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
Wogan
Wojnaroski
Wright, M. N.
Yewcic
Youngblood
Zimmmnan
zug
Ryan,
Speaker
entitled:
An Act amending the act of December 14, 1967 (P.L.746, No.345),
entitled Savings Association Code o f 1967, adding o r amending certain
definitions; providing for conversion to federally insured status; further
providing for refund o f capital deposits, for alternate conversion
procedures, for dissolution of associations, for appointment of directors
and for the dissolution o f the Pennsylvania Savings Association Insurance
Corporation; and making repeals.
On the question,
Will the House agree to the bill on third consideration?
Bill was agreed to.
'
The SPEAKER. This bill bas been considered on three different
days and agreed to and is now on f i n a l passage.
The question is, shall the bill pass finally?
Does the gentleman, Mr. Lescovitz, desire recognition on tbis?
Mr. LESCOVITZ. Yes, Mr. Speaker.
Mr. Speaker, I just want to remind members on our side of t h e
aisle that I did pass out information of those savings institutions in
those counties which will be affected by this legislation. You want
t o t a k e a look at it. We have extra copies, but just be careful. If you
have an institution in your district that is affected by this, you may
want to make sure you understand how you are voting on it.
Thank you.
The SPEAKER. The Chair thanks the gentleman.
On the q u e s t i o n recurring,
Shall the bill pass finally?
The SPEAKER. Agreeable t o the provisions of the Constitution,
the yeas and nays will now be taken.
The following roll call was recorded:
Adolph
Allen
Argall
-g
Camne
Krebs
Maitland
Steil
NOT VOTING4
A majority of the members required by the rules having voted
in t h e affirmative, t h e question was determined in the affirmative
and t h e motion was agreed to.
Baker
Bard
Barley
Bamr
Bauisto
Bebko-Jones
Belardi
Belfanti
Benninghoff
Birmelin
Bishop
Blaum
Barcola
Boyes
Browne
Bunt
Buxton
Caltagirone
Cappabianca
Cam
Carone
Casorio
Cawley
Eachus
Egolf
Evans
Fairchild
Farga
Feese
Fichter
Fleagle
Flick
Farcier
Gannon
Geist
George
Gigliatti
Gladeck
Godshall
Gordner
Gruitzs
GNPPO
Habay
Haluska
Hattna
Harhai
Harhan
Hasay
Hennessey
Herman
Maher
Maitland
Major
Manderino
Markarek
Manico
Masland
Mayemik
MeCall
McGeehan
McGill
Mcllhattan
McIlhimey
McNaughton
Melio
Michlovic
Mieozzie
Miller
Mundy
Myen
Nailor
Nickoi
O'Brien
Olasz
Oliver
Orie
Perzel
Sehroder
Schuler
Scrimenti
Semel
Serafini
Seyfen
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stain
Steelman
Steil
Stem
Stetler
Stevenson
Smmnaner
SNrla
sum
Tangretti
Taylor, E. 2.
Taylor, J.
Thomas
Tigue
Travaglio
Trello
LEGISLATIVE JOURNAL -HOUSE
1998
Chadwick
Civera
Clark
Clymer
Cohen, L. I.
Cohen, M.
Colafella
Colaiva
Camell
Corpora
Corrigan
Cowell
COY
arrY
Daley
Dally
DeLuca
Dempsey
Dent
Dermody
DeWeese
DiGirolamo
Donamcci
Druce
Henhey
Hess
Horsey
Hutchinson
ltkin
Jadlowiec
James
Jarolin
Josephs
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGroUa
Laughlin
Lawless
Lederer
Leh
Lescoviu
Levdansky
Lloyd
Lucyk
Lynch
Pesci
Petrarca
Pehone
Phillips
P~PPY
Pistella
Plam
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
Roberts
Robinson
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
Saylor
Bebko-Jones
Belardi
Belfanti
Beminghoff
Birmelin
Bishop
Blaum
Boscola
Boyes
Browne
Bunt
Buikoviu
Buxton
Caltagirone
Cappabianca
Trich
True
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
Wogan
Wojnaroski
Wright, M. N.
Yewcic
Youngblood
Zimm-n
Zug
'
Carn
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohen, L. I.
Cohen, M.
Colafella
Colaizzo
Camell
Corpora
Corrigan
Cowell
coy
cuny
Daley
Dally
DeLuca
Dempsey
Dent
Dennody
DeWeese
DiGirolamo
Donatucci
Druce
Ryah
Speaker
NAYS4
NOT VOTING-l
Butkoviu
EXCUSED-1
Reinard
The majority required by the Constitution having voted in the
affnmative,the question was determined in the afhnative and the
bill passed finally.
Ordered, That the clerk return the same to the Senate with the
information that the House has passed the same with amendment
in which the concurrence of the Senate is requested.
1873
Foxier
Gannon
Geist
George
Giglioiti
Gladeck
Godshall
Gordner
h i m
GNPPO
Habay
Haluska
Hanna
Harhai
Harhart
Hasay
Hennessey
Herman
Hershey
Hess
Horsey
Hutchinson
Itkin
Jadlowiec
James
Jarolin
losephs
Kaiser
Keller
Kennev
~irklaild
LaGrom
Laughlin
Lawless
Lederer
Leh
Lescoviu
Lwdansky
Lloyd
Lucyk
Lynch
McGill
MeIlham
Mcllhinney
McNaughton
Melio
Michlovic
Micozzie
Miller
Mundy
Myen
Nailor
Nickol
O'Brien
Olasz
Oliver
Orie
Penel
Pesci
Pewrca
Pehone
Phillips
Pippy
Pistella
Plans
Preston
Ramos
Raymond
Readshaw
Reber
Rieeer
~6<&
Robinson
Roebuck
Rahrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
Saylar
Snyder, D. W.
Staback
Stain
Steelman
Steil
Stem
Stetler
Stevenson
Strithnatter
Sturla
Sum
Tangreni
Taylor, E. Z.
Taylor, I.
Thomas
Tigue
Travaglio
Trello
Trich
True
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
Williams, A. H.
Williams C.
Wilt
Wagan
Wojnamski
Wright, M. N.
Yewcic
Youngblwd
Zimmman
zug
~~~.
~
Ryan,
Speaker
NAYS-3
Krebs
Maitland
NOT VOTING0
RULES SUSPENDED
EXCUSED-1
The SPEAKER. The Chair recognizes the gentleman,
Mr. Hasay, in connection with SB 491, PN 1989. Mr. Hasay.
Mr. HASAY. Mr. Speaker, I move that we suspend the rules so Reinard
that we can immediately vote on SB 491.
The SPEAKER. Tne
Mr.
moves that the
A majority of the members required by the rules having voted
rules of the House be suspended to permit the immediate .
in the affirmative, the question was determined in the affirmative
consideration of SB 491.
and the motion was agreed to.
On the question,
Will the House agree to the motion?
BILL ON THIRD CONSIDERATION
The following roll call was recorded:
The House proceeded to third consideration of SB 491, PN
1989, entitled:
Adolph
Allen
Argall
Armshong
Baker
Bard
Barley
Banar
Battisto
Eachus
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleaele
- ~~-
~lici~
~
Maher
Major
Manderina
Markosek
Marsico
Masland
Mayernik
MeCall
-~
MeGeehan
Schroder
Schuler
Scrimenti
Semmel
Serahi
Seyfen
Shaner
SmiU1..B.
Smith, S. H.
An Act amending the act ofJuly 11,1996 (P.L.677,No.l16), entitled
Infrastructure Development Act, expanding the Infrasnucture
Development Program t o include projects located o n long-term vacant
commercial sites; and providing for j o b retention.
I
On the question,
Will the House agree to the bill on third consideration?
Bill was aereed to.
-
LEGISLATIW JOURNAL -HOUSE
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 Constihltion, the yeas and
nays will now be taken.
NOVEMBER 17
The majority required by the Constitution having voted in the
affirmative, the question was determined in the affirmative and the
bill passed finally.
Ordered, That the clerk return the same to the Senate with the
information that the House has passed the same without
amendment.
The following roll call was recorded:
GUESTS INTRODUCED
Adolph
Allen
Argall
Amlmong
Baker
Bard
Barley
Barrar
Battist0
BebkoJones
Belardi
Belfanti
Benninghoff
Birmelin
Bishop
Blaum
Boscola
Boyes
Browne
Bunt
Butkovitz
Bunon
Caltagirone
Cappabianca
Cam
Carone
Casorio
Cawley
Chadwick
Lynch
Maher
Maitland
Major
Manderino
Markosek
Marsico
Masland
Mayemik
McCall
McGeehan
McGill
McIlhattan
McIlhi~ey
McNaughton
Melio
Michlovic
Micozzie
Miller
Mundy
h c e
Eachus
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Forcier
Cannon
Geist
George
Giglioui
Gladeck
Godshall
Gordnet
Gruiea
~ P P O
Habay
MY^
Nailor
Nick01
O'Brien
Haluska
Hatma
Hahi
Harhart
Hasay
Hennessey
Herman
Hershey
Olasl
Oliver
Orie
Civera
Hess
Clark
Clymer
Cohen, L. I.
Cohen, M.
Colafella
Colaiao
Comell
corpora
conigan
Cowell
COY
Honey
Hutchinson
ltkin
Jadlowiec
James
Jarolin
Joseph
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGTotta
Laughlin
Lawless
Lederer
Leh
Lescovik
Levdansky
Lloyd
Lucyk
curry
Daley
Dally
DeLuca
Dempsey
Dent
Dermody
DeWeese
DiGirolamo
Donatucci
Penel
Pesci
Pema
Petrone
Phillips
P~PPY
Pistella
Plam
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
Robem
Robinson
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
NOT V O T I N G 4
EXCUSED-I
Saylar
Schroder
Schuler
Scrimenti
Semmel
Seraiini
Sevfen
~
~~~-~
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stairs
Steelman
Steil
Stem
Stetler
Stevenson
T?.ngretli
Taylor, E. Z.
Taylor, 1.
Thomas
Tigue
Travaelia
~rello
T~ich
True
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
Williams, A. H
Williams, C.
Wilt
Wagan
Wojnaroski
Wright, M. N.
Yewcic
Youngblood
Zimmemn
The SPEAKER. The Chair is pleased to welcome to the hall of
the House today the fourfh grade class of the Penn Wynne School
located in Lower Merion Township. They are here today as the
guests of Representative Connie Williams. Would the guests please
acknowledge w h i c b There w e go.
BILL ON THIRD CONSIDERATION
The House proceeded to third consideration of SB 1385, PN
1997, entitled:
An Act amending the act of December 5, 1972 (P.L.1280, No.284),
entitled Pennsvlvania Securities Act of 1972. further orovidine for
--definitions; &er providing, in the securities &ea, for registration, for
exemptions, for registration by coordination, for registration in ~eneral,
for registration saictions. fo1 records and for retroactive reeictration:
provi&ng for Federally covered securities; further providing, [he area
of brokcr-dealers, agents and invesmcnt advisers, for registrarion, for
exemptions, for registration procedure, for postregistration procednre, for
reeismtion sanctions: further urovidinz for r~
orohibitions. for contract
re$rements and for'misrepre;entations; providing for ichool district
prohibitions; further providing for civil hability, for enforcement, for
hvestieations and forcriminainenalties: urovidcn~for barring acti4ties
and f& rescission; further
ior fees,-for asses&ents, for
administrative files, for powers of the Pennsylvania Securities
Commission and for regulations and orders; and canceling Federal
preemption.
--
-
~
~
On the question,
Will the House agree to the bill on third consideration?
Bill was agreed to.
The SPEAKER. This bill bas 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:
zug
Ryan,
Speaker
Adolph
Allen
Argall
Armstrong
Baker
Bard
Barley
Barrar
Bauisto
Bebko-Jones
Belardi
Belfanti
Benninghoff
Bimelin
Bishop
Blaum
Dmce
Eachus
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Forcier
Gannan
Geist
George
Gigliottt
Gladeck
Lynch
Mahm
Maitland
Major
Mandcrina
Markosek
Manico
Masland
Mqvemik
McCall
McGeehan
McGill
McIlhattan
Mcllhinney
McNaughton
Melio
Saylor
Schrader
Schuler
Scrimenti
Semmel
Serafmi
Seyfert
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stain
Steelman
Steil
Stm
LEGISLATIVE JOURNAL -HOUSE
1998
~~
~
~
Boseola
Boyes
Browne
Bunt
Butkovin
Buxton
Caltagirone
Cappabianca
Cam
Carone
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohen, L. I.
Cohen, M.
Colafella
Calaiuo
Comell
Corpora
Corrigan
Cowell
Cov
c;ry
Daley
Dally
DeLuca
Dewey
Dent
Dmody
DeWeese
DiGirolama
Donatucci
Godshall
Gordner
Gmim
GNPP~
Habay
Haluska
Hanna
Harhai
Harhart
Hay
Hennessey
Herman
Hershey
Hess
Horsey
Hutchinson
ltkin
Jadlowiec
James
Jarolin
Josephs
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGrotta
Laughlin
Lawless
Lederer
Leh
Lescovitz
Levdansky
Lloyd
Lucyk
Michlavic
Micouie
Miller
Mundy
Myers
Nailor
Nick01
O'Brien
Olasz
Oliver
Orie
Petzel
Pesci
Petrana
Petrone
Phillips
P~WY
Pistella
Plam
Preston
Ramas
Raymond
Readshaw
Reber
Rieeer
ROG~
Robinson
Roebuck
Rohrer
Roaney
Ross
Rubley
Sainato
Santoni
Sather
Stetler
Stevenson
Strimnatter
Sturla
S m
Tangreni
Taylor, E. 2.
Taylor, J.
Thomas
Tiwe
Travaglio
Trello
Trich
True
Tulli
Vance
Van Home
Veon
Vitali
Walka
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
wogan
Wojnaroski
Wright M. N.
Yewcic
Youngblood
Zimmennan
Zug
Ryan,
Speaker
NOT VOTING4
The majority required by the Constitution having voted in the
a f f m t i v e the question was determined in the affirmative and the
bill passed finaliy.
Ordered, That the clerk return the same to the Senate with the
information that the House has passed the same without
amendment.
1875
AFTER RECESS
The time of recess having expired, the House was called to
order.
CALENDAR CONTINUED
BILLS ON THIRD CONSIDERATION
The House proceeded to third consideration of HB 2085, P N
3998, entitled:
An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, further providing for advance
directives for emergency medical service health care; and making an
appropriation.
On the question,
Will the House agree to the bill on third consideration?
Mr. FLEAGLE offered the following amendment No. A4400:
Amend Sec. 1 (Sec. 5403)... oage
. - 3, bv inserting
- between lines 6 and 7
"Invasive airwav technique." Anv advanced airway
techniaue. includine endotracheal and esouhageal
intubation.
On the question,
Will the House agree to the amendment?
The SPEAKER. On the question of the adoption of the
amendment, the Chair recognizes the gentleman, Mr. Fleagle.
Mr. FLEAGLE. Thank you, Mr. Speaker.
Mr. Speaker, this is a rather technical amendment that was
suggested for insertion by the Pennsylvania Emergency Health
Services Council. As I said, it is technical, and it is in the definition
part of the hill.
I would ask an affirmative vote on this amendment.
The SPEAKER. The Chair thanks the gentleman.
On the question recurring,
Will the House agree to the amendment?
The following roll call was recorded:
ENVIRONMENTAL RESOURCES AND
ENERGY COMMITTEE MEETING
The SPEAKER. The Chair recognizes the gentleman from
Montgomery County, Mr. Reber.
Mr. REBER. Mr. Speaker, on the call of the recess, I would like
to call a short meeting of the Environmental Resources and Energy
Committee in the back of the hall of the House. Thank you.
The SPEAKER. The Chair thanks the gentleman.
RECESS
The SPEAKER. Do the Republican leaders or Democrat leaders
have any further announcements before the Chair declares a recess
until 1:30?
Hearing none, this House stands in recess until 1:30, unless
sooner recalled by the Chair or extended by the Chair.
Adolph
Allen
Argall
Armstrong
B&er
Bard
Barley
Barrar
Banisto
Bebko-Jones
Belardi
Belfanti
Benninghoff
Birmelin
Bishop
Blaum
Boscola
Boyes
Browne
Eachus
Egolf
Evans
Fairehiid
Farso
Feese
Fichter
Fleagle
Flick
Foxier
Cannon
Geist
Geoqe
Gigliotri
Gladeck
Godshall
Gardner
Gmiaa
Gmppo
Maher
Maitland
Major
Manderino
Markosek
Marsico
Masland
Mayemik
McCall
McGeehan
McGill
McIlham
Mcllhinney
McNaughton
Melio
Michlovic
Mieouie
Miller
Mundy
Sehroder
Schuler
Scrimenti
Semmel
Serafini
Seyfen
Shaner
Smlth, B.
Smith, S. H.
Snyder, D. W.
Staback
Stairs
Steelman
Steil
Stem
Sterler
Stevenson
Strimnatter
SNrla
LEGISLATIVE JOURNAL -HOUSE
1876
Bunt
Butkovitz
Buxton
Caltagimne
Cappabianca
Cam
Carone
Casorio
Cawley
Chadwick
Civera
Clark
CIymer
Coheh M.
Colafella
ColaiPo
Comell
Corpora
Comgan
Cowell
COY
C W
Dab
Dally
DeLuca
Dernpsey
Dent
Dnmody
DeWeese
DiGirolamo
Donahlcci
Druce
Habay
Hduska
Hanna
Harhai
Harhart
Hasay
Hennessey
Herman
Hershey
Hess
Horsey
Hutchinson
Itkin
Jadlowim
James
Iarolin
Iosephs
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGrotta
Laughlin
Lawless
Lederer
Leh
LescoviQ
Levdansky
Lloyd
Lucyk
Lynch
Myers
Nailor
Nickol
O'Brien
Olasz
Oliver
Orie
Pmel
Pesci
Peharca
Pmne
Phillips
P~PPY
Pistella
Plans
Reston
Ramos
Raymand
Readshaw
Reber
Rieger
Roberts
Robinson
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
Saylor
Surra
Tangretti
Taylor, E. Z.
Taylor, J.
Thomas
Tigue
Travaglio
Trello
Trich
Tme
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
Wogan
Wojnamski
Wright, M. N.
Yewcic
Youngblood
Zimmerman
zug
NOVEMBER 17
The following roll call was recorded:
YEAS201
Adolph
Allen
Argall
Armstrong
Baker
Bard
Barley
Banar
Banisto
Bebko-Jones
Belardi
Belfanti
Benninghoff
Birmelin
Bishop
Blaum
Boscola
BoyBmwne
Bunt
Butkovitz
Buxton
Caltagirone
Cappabianca
Cam
Carone
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Coheh M.
Colafella
Colain0
Comell
Corpora
Comgan
Cowell
COY
CUnY
Daley
Dally
DeLuca
Dempsey
~ e n t
Dermody
DeWeese
DiGimlamo
Donahlcci
m e
Ryan,
Speaker
NAYS4
NOT VOTING-l
Cohen, L. I.
EXCUSES1
Reinard
The majority having voted in the a m a t i v e , 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?
BiU as amended was agreed to.
Eachus
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Forcier
Cannon
Geist
George
Gigliatti
Gladeck
Gadshall
Gordner
Gruiaa
G ~ P P ~
Habay
Haluska
Hanna
Harhai
Harhart
Hasay
Hennessey
Herman
Hershey
Hess
Honey
Hutchinson
Itkin
Jadlowiee
James
Jarolin
losephs
Kaiser
Keller
Kenney
Kirkland
Krebs
LaCrotta
Laughlin
Lawless
Lederer
Leh
Lescovitz
Levdansky
Lloyd
Lucyk
~ynch
Maher
Maitland
Major
Manderino
Markosek
Marsico
Masland
Mayemik
McCall
McGeehan
McGill
Mcllhamn
Mcllhinney
McNaughton
Melio
Michlovic
Micazzie
Miller
Mundy
Myen
Nailor
Nickol
O'Brien
OIasz
Oliver
Orie
Perzel
Pesci
Petrarca
Petrone
Phillips
P~PPY
Pistella
Platts
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
RobeRobinson
Roebuck
Rohrer
Rwney
Ross
Rubley
Sainato
Santoni
Sather
Saylor
Schroder
Schuler
Scrimenti
Semmel
Serafini
Seyfen
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stairs
Steelman
Steil
Stem
Stetler
Stevenson
Suitmatter
Sturla
Sum
Tangreni
Taylor, E. Z.
Taylor, I.
Thomas
Tigue
Travaglio
Trello
Trieh
True
Tulli
Vance
Van Home
Veon
Vitali
Walk0
Washington
Waush
Williams, A. H.
Williams, C.
Wilt
Wagan
Wojnaroski
Wright, M. N.
Yewcic
Youngblood
zim-man
Zug
Ryan,
Speaker
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?
NOT VOTING4
LEAVE OF ABSENCE
The SPEAKER. The Chair returns momentarily to leaves of
absence and takes the request of the majority leader that
Mrs. COHEN be placed on leave for the balance of today's session.
Without objection, the leave will be granted. The Chair hears none.
CONSIDERATION OF HB 2085 CONTINUED
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.
EXCUSED-;!
Cohe",L.l.
1
Relnard
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,
1998
LEGISLATIVE JOURNAL -HOUSE
***
1877
On the question,
Will the House agree to the bill on third consideration?
BILLS PASSED OVER
Mr. GEORGE offered the following amendment No. A4504:
The SPEAKER. H B 2612, S B 489, and H B 2754 are over.
The Chair invites the gentleman, Mr. Olasz, to the rostrum to
temporarily preside.
The House will come to order.
The Chair is pleased to
over the gavel, the Speaker's gavel,
to the gentleman, Mr. Olasz, for the purpose of presiding
temporarily.
THE SPEAKER PRO TEMPORE
(RICHARD D. OLASZ) PRESIDING
I
l
BILLS ON THIRD CONSIDERATION
The House proceeded t o thud consideration of.SB 1192, PN
1854,entitled:
An Act providing for victims' rights; imposing penalties; establishing
remedies; establishing the Office of Victim Advocate, the Bureau of
Victims' Services, the Victims' Services Advisory Committee, the
State Offender Supervision Fund and other funds; and making repeals.
On the question,
Will the House agree to the bill on third consideration?
Mr. DALEY offered the following amendment No. A4429:
Amend Title, page 1, line 5, by insening after "funds;"
requiring victim impact education as a condition of
parole;
Amend Sec. 502, page 25, line 22, by inserting after "sentence"
;victim impact education required
Amend Sec. 502, page 26, by inserting between lines 20 and 21
(e) Victim impact education required as condition of parole.-The
board shall not release a person on parole unless the person first
satisfactorilycompletes a course of victim impact education prescribed by
regulation of the Department of Corrections.
Amend Sec. 502, page 26, line 21, by striking out "(e)" and inserting
,*
(1)
On the question,
Will the House agree to the amendment?
BILL PASSED OVER TEMPORARILY
The SPEAKER pro tempore. Mr. Daley, are you in the
chamber? I believe you have an amendment to offer.
The House will temporarily go over the bill.
***
The House proceeded to third consideration of S B 508, PN
2167, entitled:
An Act requiring the Department of Community and Economic
Development to require a certificationthat a developer has no delinquent
municipal taxes within certain taxing districts or outstanding utility bills
as pan of a grant or loan from the department.
I
Amend Title, .
page
1, line 5, by removing-the period
after "depment"
.
and inserting
;and providing for immunity from suit in connection
with certain actions related to environmental law or
regulation.
b e n d ill, page 2, by inserting beween lines 14 and 15
Section 3. Environmental law or realation.
(a) General rule.-A person who acts m furtherance of the person's
nght of pet~t~on
or free speech under the Constitution of the United Stales
or the Constitution of Pennsylvania in connection with an issue related to
enforcement or implem:ntation of environmental law or regularion shall
be immune from c~villiabihty in any action mgardlcss of intent or purpow
except where the communication to the government agency is not
genuinely aimed at procuring a favorable governmental action, result or
outcome. A communication is not genuinely aimed at procuring a
favorable governmental action, result or outcome if it is not material or
relevant to the enforcement or implementation of environmental law or
regulation.
(b)
to strike.(I) A cause of action against a person arising from any act of that
person in furtherance of the person's right of petition or free speech
under the Constitution of the United States or the Constitution of
Pennsylvania in connection with a public issue shall be subject to a
special motion to strike unless the court determines that the plaintiff
has established that there is a substantial likelihood that the plaintiff
will prevail on the claim. In making its determination, the court shall
consider the pleadings and supponing and opposing affidavits stating
the facts uoon which the Liabilitv or defcnse is based. The coun shall
advance &y motion to strike sdthat it may be beard and determined
with as little delay as possible.
(2) The coun shall stay all discovery proceedings in the action
upon the filing of a motion to strike, provided, however, that the court,
on motion and aiter a hearing and for good cause shown, may order
that specified discovery be conducted. The stay of discovery shall
remain in effect until notice of the entry of the order ruling on the
motion to strike.
(3) If the court determines that the plaintiff has established that
there is a substantial likelihood that he will prevail on the claim,
neither that determination nor the fact of that determination shall be
admissible in evidence at anv later staze of the case, and no burden of
proof or degree of proof otbkwise applicable shall be affected by that
determination.
(4) The special motion may be filed within 60 days of the w ~ c e
of the complaint or, in the court's discretion, at any later time upon
terms it deems proper.
(c) Attomey fees.-If a person successfully defends against an action
under this section, that person shall be awarded reasonable attomey fees
and the costs of litigation. If the person prevails in pan, the court may
award reasonable attorney fees and costs of litigation or an appropriate
portion thereof A person successfUlly defends against an action
if the person prevails on a motion to strike a cause of action under
subsection @) or later prevails on the merits in tbe action.
(d) Intervention of government agency.-The government agency
involved in the furtherance of a person's rigbt of petition or free speech
under the Constitution of the United States or the Constitution of
Pennsylvania in connection with a public issue shall have the right to
intervene or otherwise participate as an amicus curiae in the action
i ~ o l v i n gpublic petition and participation.
(e) Construction.-Nothing in this section shall be construed to limit
any constitutional, statutory or common-law protections of defendants to
actions involving public petition and participation.
LEGISLATIVE JOURNAL -HOUSE
(0 Definitions.-As used in this section, the following words and
phrases shall have the meanings given to them in this subsection:
"Act in fiutherance of a person's right of petition or free speech under
the Constitution of the United States or the Constitution of Pennsylvania
in connection with a public issue." Any written or oral statement or
writing made before a legislative, executive orjudicial proceeding, or any
w%nen or oral Gtement
other cfiicial pmceedingautho&ed by law;
orwritine
made in comcction
an issue underconsid:ration or -~
--by a legislative, executive or judicial body, or anv other official
authorized by law; &y written ororal statement or writing
made in a place open to the public or a public forum in connection with
an issue ofpublic interest; or any written or oral statement or writing made
to a g~ve&nentagency in connection with the implementation and
enforcement of environmental law and regulations.
"Enforcement of environmental law and regulations." Any activity
related to the identificationand elimination of violations of environmental
laws and regulations, including investigations of alleged violations,
inspections of activities subject to regulation under environmental law and
regulations and responses taken to produce correction of the violations.
"Government agency." The Federal Govemment, the Commonwealth
and all of its departments, conmdssions, boards, agencies and authorities,
and all political subdivisions and their authorities,
"Implementation of environmentallaw and regulations." Any activity
related to the develo~mentand administration of environmentalDromams
.
developed under en$ronmental law and regulations.
Amend Sec. 3, page 2, line 15, by shiking out "3" and inserting
4
-
~
-
O n the question,
Will the House agree to the amendment?
The SPEAKER pro tempore. The Chair recognizes Mr. George
for his amendment.
Mr. GEORGE. Mr. Speaker, I continue because I feel in m y
heart, as many of you do, that until this amendment is signed into
law, we will have i n fact continued to fail the people in
Pennsylvania in protecting their rights to speak up when they feel
that they are being harmed or potential hann will come about.
How unusual that iust this last week in November we stood
before thousands of
in Pennsylvania and told them about the
freedoBILL PASSED OVER TEMPORARILY
The SPEAKER pro tempore. Mr. George, I am s o n y to
interrupt you. The amendment has not been circulated as yet.
Thank you.
S B 508 is over temporarily.
NOVEMBER 17
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.
I
The following roll call was recorded:
Adolph
Allen
Argall
Armstmng
Baker
Bard
Barley
Bmr
Banisto
Bebko-Jones
Belardi
Belfanti
Benninghaff
Birmelin
Bishop
Blaum
Boscola
Boye5
Browne
Bunt
Butkovitz
Buxton
Caltagirone
Cappabianca
Cam
Carone
casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cahen, M.
Colafella
Calaizzo
Comell
corpora
Corrigan
Cowell
COY
curry
Daley
Dally
DeLuca
Dempsey
Dent
Dermody
DeWeese
DiGirolamo
Donatucci
Druce
Eachus
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Farcier
Gannon
Geist
George
Giglioni
Gladeck
Godshall
Gordner
GIuit7.a
G~UPP~
Habay
Haluska
Hanna
Harhar
Harhart
Hasay
Hennessey
Herman
Henhey
Hess
Horsey
Hutchinsan
Itkin
Jadlowiec
James
Jarolin
Joseph
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGrMta
Laughlin
Lawless
Lederer
Leh
Lercovitz
Levdansky
Lloyd
Lucyk
Lynch
Maher
Maitland
Major
Manderino
Markasek
Marsico
Masland
Mayemik
McCall
McGeehan
McGill
McIlhattan
Mcllhinney
McNaughton
Melio
Michlovic
Micozzie
Miller
Mundy
Myers
Nailor
Nickol
O'Brien
Olau
Oliver
Orie
Penel
Pesci
Petrarea
Petrone
Phillips
P~PPY
Pistella
Plarts
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
Roberts
Robinson
Roebuck
Rohrer
Rooney
Ross
Rublev
~aina&
Santoni
Sather
Saylor
The House proceeded to third consideration of SB 670, PN 712,
entitled:
An A n amending the act of October 27, 1979 (P.L.241, No.78),
entitled "An act authorizing political subdivisions, municipality
authorities and trans~ortationauthorities to enter into contracts fir thk
purchase of goods wl;cre no blds are received." prowding for the salc of
real and personal propcrry.
O n the question,
Will the House agree to the bill on third consideration?
Bill was agreed to.
NOT V O T I N G 4
EXCUSE&2
Cohen, L. I.
Reinard
Schroder
Schuler
Scrimenti
Semmel
Serafini
Seyfen
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stain
Steelman
Steil
Stem
Stetler
Stevenson
Strimatter
SNrla
sum
Tangetti
Taylor, E. Z.
Taylor, J.
Thomas
Tigue
Travaglio
Trello
Trich
True
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
Wogan
Wojnaroski
Wright, M. N.
Yewcic
Youngblood
Zimmerman
Zue.
Ryan,
Speaker
1998
LEGISLATIVE JOURNAL -HOUSE
The majority required b y the Constitution having voted in the
affirmative, the question was determined in the affirmative and the
bill passed finally.
Ordered' That the 'lerk
the same the
with the
information that the House has passed the same without
amendment.
***
The House proceeded to third consideration of S B 1011, PN
2034, entitled:
An Act authorizing the Department of General Senices, with the
approval of the Governor, to sell and convey to Upper Skippack
Mennonite Church, certain improved land situate in the Township of
Skippack, County of Montgomery, Commonwealth of Pennsylvania.
grant and convey a tact of land situate in the Borough of Nomstown,
nt
County of Montgomery, Pennsylvania; authorizing the ~ e ~ a r t m e of
General Services, with the approval of the Governor, to grant and convey
to N o h Wamn Municipal Authority, certain lands situate in Conewango
Township, Warren County; authorizing and directing the Department of
General Services, with the approval of the Governor, to sell and convey
to Warren Area Student Union, Inc., a certain tract of land situate in the
Borough of Warren, Warren County, Pennsylvania; and authorizing and
directing the Department of Military and Veterans Affairs and the
Department of General Services, with the approval of the Governor, to
grant and convey to Joseph Pintola a tract of land and building situate at
78 West Maiden Street, City of Washington, Washington County,
Pennsylvania, known as the Washington Armory.
Amend Bill, page 1, line 8, by striking out all of said line and inserting
Section 1. Allegheny County.
(a) The Department of General Services, with the approval of the
Governor, is hereby authorized and directed on behalf of the
Commonwealth of Pennsvlvania to aant and convev to Paul A. Balach the
tract of land described in subsection @), for fair consideration based on
a fair market value as determined by an independent appraisal.
(b) The Drooeltv to he conveved
, nursuant to subsection la)
. , is the
following tract of land situate in Scott Township, Allegheny County
bounded and described as follows:
BEGINNING at a ooint in the center of a oublic road. and on the
Easterly line of a forty (40) foot street; and thence from said point of
beginning along the center line of public road, North 80 degrees
221ninutes 19 seconds East for a &stance of 50.00 feet to a point; thence
South 9 degrees 37 ninutes 41 seconds East for a distance of 140.00 fect
to apoint on the ~ o h e r l line
y of a forty (40) foot street; thence along the
~ o r t h e rline
l ~ of sad fony (40) foot street, South 80 degrees 22 minutes
19 seconds West for a distance of 50.00 feet to a ooint; thence along the
Easterly line of said forty (40) foot street, NO& 9 degrees 37 minutes
41 seconds West for a distance of 140.00 feet to a point at the place of
beginning, CONTAINING an area of One Hundred Sixty-one
Thousandths (0.161) acres, more or less.
(c) The conveyance shall be made under and subject to all easements,
and riehrs of others. includine.
-. hut not confined to, streets, roadways and
rights of any telephone, telegraph, cable, water, electric, sewer, gas or
pipeline companies, as well as under and subject to any interest, estates or.
of record, for
tenancies vested in third oersons, whether or not amearing
..
any portion of the land or improvements erected thereonid) The deed of convevance shall be a~orovedas orovided bv law and
shailbe exemted by the S&etary of
Services in the h e e of the
Commonwealth of Pennsylvania. In the event this property is not
conveyed to Paul A. Balach, within 12 months of the effective date of this
act, at the discretion of the Secretary of General Senices, the property
shall be offered for sale through auction, sealed bid or request for
proposal, under terms of the act of April 9, 1929 (P.L.177, Nn.175),
known as The AdministrativeCode of 1929, and the conditions in section
2405-A of The Administrative Code of 1929 authorizing the sale of the
herein noted property to Paul A. Balach shall automatically cease and
become null and void.
(e) All other costs and fees, including, but not limited to, appraisal
fees, title insurance and surveys incidental to this conveyance shall be
borne by the Grantee.
Section 2. Bedford County.
(a) The Department of General Services with the approval of the
Governor, is hereby authorized and directed on behalf of the
Commonwealth of Pennsylvania to grant, sell and convey to
Everett Foodliner, Inc., for consideration equal to the fair market value as
determined by anindependent appraisal a @act of land as further described
below. The property to be conveyed is a single tact of land situate in the
Borough of Everett, Bedford County, Pennsylvania, bounded and
described as follows:
BEGINNING at the northwest corner of a 16.5 foot allev on the south
side of West Main Street, said point being south 61 degrees 39 minutes
37 seconds west, 281.5 feet from the western right-of-way of
-
On the question,
Will the House agree to the bill on third consideration?
\
The SPEAKER pro tempore. The gentleman, Mr. Browne, now
offers the following amendment, which the clerk will read.
Does the gentleman, Mr. Browne, rise for recognition?
Mr. BROWNE. Mr. Speaker, I withdraw that amendment.
The SPEAKER pro tempore. Thank you very much.
On the question recurring,
Will the House agree to the bill on third consideration?
Mr. CLYMER offered the following amendment No. A4510:
Amend Title, page 1, line 1, by striking out "Authorizing" and
inserting
Authorizing the Department of General Services, with the approval of the
Governor, to sell and convey to Paul A. Balach certain land situate in
Scott Township, Allegheny County, Pennsylvania; authorizing and
directing the Depamnent of General Services, with the approval of the
Governor, to sell and convey to Everett Foodliner, Inc. a certain tract
of land situate in the Borough of Everett, Bedford County,
Pennsylvania; authorizing and directing the Department of
General Senices, with the approval of the Governor and the
Pennsylvania Historical and Museum Commission, to convey a tract
of land in Cresson Township, Cambria County, to the Cresson Area
Historical Association; authorizing the Department of General
Services, with the approval of the Governor and the Department of
Transportation, to grant and convey to the Columbia Alliance for
Economic Growth, certain lands situate in Bloomsburg, Columbia
Countv; authorizing the Department of General Services, with the
approval of the
and the Department of Transportation, to
=ant and convev to Wveth-Averst Laboratories. certain lands situate
in Radnor Township, Delaware County; authorizing the Department
of General Services, with the approval of the Governor, to sell and
convey to Brenda Rae Miller and Kevin Ray Miller certain land situate
in Saltlick Township, Fayette County, and to sell and convey to
Robert Prim, Catherine Pritts and Alverta Pritts certain land situate in
Saltlick Township, Fayette County; authorizing and directing the
Depamnent of Transportation, with the approval of the Governor, to
convey to Old Lycoming Township Fire Company, a tract of land
situate in the City of Williamsport, Lycoming County, Pennsylvania;
authorizing
Amend Title, page 1, line 5, by removing the period after
"Pennsylvania" and inserting
; authorizing the Department of Military and Veterans Affairs and the
Department of General Services, with the approval of the Governor, to
overn nor
1879
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LEGISLATIVE JOURNAL -HOUSE
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Juniata Sheet; thence south 61 degrees 39 minutes 37 seconds west,
102.50 feet to a point on the south side of Main Sheet; thence south
28 demees 20 minutes 23 seconds west, 363.56 feet to a point on the
hence along
north&nproPerty line ofthe Everett ~ l o o dcontrol
said property south 85 degrees 31 minutes 52 seconds west, 35.90 feet to
a hue Point of Beginning; thence the following six bearings by the land
N/F Everett Flood Control (GSA Project No. 105-1); south 84 degrees
43 minutes 43 seconds west, 142.65 feet; south 84 degrees 43 minutes
47 seconds west, 91.24 feet; south 84 degrees 43 minntes 47 seconds west,
142.85 feet; south 83 degrees 3 minutes 10 seconds w e q 76.77 feet; south
70 degrees 47 minutes 56 seconds west, 99.06 feet; north 37 degrees
42 minutes 25 seconds west 25.24 feet to a found iron pin; thence by the
land N/F James E. Fitch, north 56 degrees 57 minutes 3 seconds east,
164.80 feet, thence along said lands north 28 degrees 42 minutes
27 seconds west, 36.89 feet to a point; thence by land NIF Robert and
Joe M. Annleby south 88 demes 47 minutes 39 seconds east, 61.62 feet;
s
and Ray S. Koontz south 86 degrees
thence biiandkIF ~ h a r l eAppleby
52 minutes 49 seconds east. 63.42 feet: thence bv land NIF Robert and
Joe M. Appleby north 88 d e b 36 minutes 22 seconds east, 40.38 feet;
thence by land NIF Ray S.Koontz and Charles Appleby the following
seven bearings; south 67 degrees 48 minutes 44 seconds east, 44.05 feet;
north 28 degrees 20 minutes 23 seconds west, 12.00 feet; north 80 degrees
30 minutes 48 seconds east, 43.32 feet; south 75 degrees 18 minutes
53 seconds east, 82.07 feet; south 72 degrees 37 minutes 57 seconds east,
85.92 feet; south 64 degrees 54 minutes 20 seconds east, 39.08 feet to a
Trne Point of Beginning.
CONTAINING 0.823 acres more or less
LESS AND ACCEPTING the Boroughof Everett's existingpennanent
ten foot wide right-of-way across the hact of land as set forth in the lease
purchase agreement between Everett Foodliner, Inc. and the
Commonwealth of Pennsylvania, dated July 17,1998.
(b) The conveyance authorized by this section shall be made under
and subject to all lawful and enforceable easements, servitudes and rights
of others, including, but not confined to, streets, roadways and rights of
any telephone, telegraph, cable, water, electric, sewer, gas or pipeline
companies, as well as under the subject to any lawful and enforceable
interest, estates or tenancies vested in third persons, appearing of record,
for any portion of the land or improvements erected thereon.
(c) The deed of conveyance authorized by the section shall be
approved as provided by law and shall be executed by the Secretary of
General Services in the name of the Commonwealth of Pennsylvanra. In
the event that this conveyance is not executed within 12 months of the
effective date of this act, the property shall he disposed of in accordance
with Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175).
known as The Administrative Code of 1929.
(d) Costs and fees incidental to the conveyance authorized by this
section shall be borne by the grantees.
Section 3. Cambria County.
of the
(a)
. . The Depawent of General Services, with the approval
..
Governor and &e Pennsylvania Historical and Museum Commission, is
herebv
,authorized and directed on behalf ofthe Commonwealth. to convev
for $1 the tract of land described in subsectiou @):
(b) All that certain piece or parcel of land, situate, lying and being in
Cresson Township, Cambria County, Pennsylvania, bounded and
described as follows:
Beginning at a point where the center of State Highway Route 22
(known as the William Penn Highway) intersects with the western
boundary line of the property of M q Thaw Thompson dividing the said
property of Mary Thaw Thompson from that of the property of
Mount Aloysius Academy; thence North by said Western boundary and
dividing line 2 degrees 11 minutes East a distance of 795.5 feet to a point
in the center line of State Highway Route No. 45 leading from Cresson to
Loretto; thence along the said center line of said State Highway Route
No. 45 Sonth 21 degrees 58 minutes East a distance of 643.3 feet to a
point in the center line of said Highway Route No. 45; thence along the
center line of said State Highway Route No. 45 by an 8 degree curve to
the left a distance of 325 feet to a point in the center line of said
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State Highway Route No. 45; thence south 25 degrees 31 minutes West
a distance of 86.5feet to a point in the center line of State Highway Route
No. 22 thence north 73 degrees and no minutes West 258.3 feet to a point
in the center line ofsaid s i t e Highway Route 22; and thence by the center
line of Stare Hiehwav
,Route KO.22 Nonh 65 demees 24 mxnures Wesr
181.1 feet to the place of beginning.
Containing 4.12 acres, more or less.
(c) The deed of conveyance shall contain a clause that the property
conveyed "shall never be used for any purpose other than for a park" by
the Cresson Area Historical Association, and if at any time the Cresson
Area Historical Association or its successor in function sells or transfers
the property or permits the property to be used for any purpose other than
those specified in this section, the title to the property shall immediately
revert to and revest in the Commonwealth.
(d) The conveyance shall be made under and subject to all easements,
servitudes and rights of others, including, but not confmed to, streets,
roadways, and rights of .any telephone, telegraph, water, electric, sewer,
gas or pipeline companies, as well as under and subject to any interest,
estates, or tenancies vested in third persons, whether or not appearing of
record, for any portion of the land or improvements erected thereon.
(e) The deed of conveyance shall be approved as provided by law and
shall be executed by the Secretary of General Services in the name of the
Commonwealth.
(0 Costs and fees incidental to the conveyance shall be bome by the
Grantee.
Section 4. Columbia County.
(a) The Department of General Services, with the approval of the
Department of Transportation and the Govemor, is hereby authorized on
behalf of the Commonwealth of Pennsylvania to grant and convey to the
Columbia Alliance for Economic Growth the Deparhnent of
Transportation's Columbia County Maintenance Facility, land and
buildings described in subsection (b) for fair market value, as determined
by an independent appraisal.
(b) The property to be conveyed pursuant to subsection (a) consists of
the Department of Transportation's Columbia County Maintenance
Facility, bounded and more particularly described as follows:
BEGINNING at a point in the easterly line of Spruce Sheet; thence
along said easterly line of Spruce Sheet, North 30 degrees 42 minutes
West, 460.90 feet to a point; thence parallel to East Fifth Sheet, North
58 degrees, 12 minutes East, 399.64 feet to a point marked by a pipe set
in a concrete base; thence parallel to Locust Sheet, South 30 degrees,
38 minutes East, 166.25 feet to a point marked by pipe set in a concrete
base; thence by a along a 10 foot alley, South 59 degrees, 16 minutes,
30 seconds weit, 160.2: feet to a point;-thence parallelwith Locust Sheet
and throueh a 16 foot allev. hereinbefore mentioned. and alone land of
NIF E.J. Kelly, Anhur Hummel, Adam Hummel, and through a 70 foot
sheet, and along land of NIF R.R. Ikeler Estate, South 30 degrees,
43 minutes East, 439.40 feet to a point on the line of Land of N/F the
Delaware, Lackawauna and Western Railroad; thence along the line of
hereinbefore, mentioned, South 69 degrees, 2 2 minutes,
40 feet to a ooint: thence dona the line of other land of
the NIF American Car and ~ o i n dCompany,
r~
and through a 16 foot alley,
North 87 degrees, 32 minutes, 30 seconds West, 238.75 feet to a point at
the place of BEGINNMG.
CONTAINING 3.570 acres more or less.
(c) The conveyance shall be made under and subject to all lawful and
enforceable easements, servitudes and rights of others, including but not
confined to sheets, roadways and rights of any telephone, telegraph, water,
elechic, gas or pipeline companies, as well as under and subject to any
lawful and enforceable estates or tenancies vested in third persons
appearing of record, for any portion of the land or improvements erected
thereon.
(d) The deed of conveyance shall be by special warranty deed and
shall be executed by the Secretary of General Services in the name of the
Commonwealth of Pennsylvania.
(e) Costs and fees incidental to this conveyance shall be borne by the
grantee.
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LEGISLATWE JOURNAL -HOUSE
1998
( f ) The proceeds from the sale shall be deposited in the Capital
Facilities Fund to pay for costs and fees incwed for the purcbase or
conmuction of a new Columbia County Maintenance Facility as well as
the costs and fees incurred by the Department of General Services as
authorized under section 2406-A of the act of April 9, 1929 (P.L.177,
No.175). known as The Administrative Code of 1929. Any proceeds
remaining after payment ofthe above said costs shall be transferred to the
General Fund.
(g) In the event that this conveyance is not execntedwithin 12months
of the Department of ~ r a n s ~ o m t i vacating
on
the premises, the property
of.
mav be diswsed
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. the aooroval of the Demtment of
Transportation, in accordance with section2405-A of The Administrative
Code of 1929. The proceeds from the sale shall be deposited in
accordance with subsection (0.
Section 5. Delaware County.
(a) The Department of General Services, with the approval of the
Department of Transpoaation and the Governor, is hereby authorized on
behalf of the Commonwealth of Pennsylvania to grant and convey to
Wyeth-Ayerst Laboratories the Department of Transportation's
District 6-0 Office Facility, land and buildings described in subsection@)
for fair market value, as d e t d e d by an independent appraisal.
@) The propeaty to be conveyedpursuant to subsection (a) consists of
the Department of Transportation's District 6-0 Office Facility, bounded
and more particularly described as follows:
BEGINNING at a point on the title line of the bed of Radnor and
Chester Road (50 feet wide) said point being measured by the two
following courses and distances along the said title l i e , through the bed
of Radnor and Chester Road from a spike forming the intersection of the
said title line in the bed of the Radnoi and he& Road and the title line
feet wide).
in
the
~-~
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~~-of Lancaster Avenue W.S. Route 30)
,(50
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~ ,north
26 degrees 23 minutes east 224.65 feet to an iron pin, and (2) north
67 degrees 56 minutes east 280.99 feet to the point of BEGINNING;
thence extending from said point of beginning north 24 degrees
15 minutes west cross&p the northwesterly side of Radnor and
Chester Road 401.1 1 feet 6 a point; thence extending no& 65 degrees
45 minutes east 564.02 feet to a ooinc thence extending south 24 decrees
15 minutes east crossing a marbie stone and also crosskg another -ble
stone on the northwesterly side of Radnor and Chester Road (the last)
marble stone (mentioned b e i g at the distance of 25.00 feet measured on
a bearing of north 24 d e w s 15 m u t e s west through the bed of Radnor
and ~ h e i t e~r o a from;
d
spike on the title line in th;:bed of Radnor and
Chester Road) 415.02 feet to the aforesaid mike on the title line in the bed
of Radnor anh Chester Road; thence extending along the said title line
through the bed of Radnor i d Chester Road the t&following courses
and distances (1) south 65 desees 06 minutes west 153.52 feet to a mike..
and (2) south 67 degrees 56 minutes west 410.81 feet to the first
mentioned point and piace of BEGlNhlNG
COYTANNG 5.30 acres more or Icss.
(c) The conveyance shall be made under and subject to all lawful and
enforceable easements, servitudes and rights of others, including but not
confinedto streets, roadways and rights of any telephone, telegraph water,
electric, gas or pipeline companies, as well as under and subject to any
l a f i l and enforceable estates or tenancies vested in third persons
appearing of record, for any pomon of the land or improvements erected
thereon.
(d) The deed of conveyance shall be by special warranty deed and
shall be executed bv the Secretary of General Senices in the name of the
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grantee.
(Q The proceeds ftom the sale shall be deposited ~n the Capital
Facilities Fund to pay for costs and fees incurred for the purchase or
consmction of a new Dismct 6-0 Office Facility as well as the costs and
fees incurred by the Department of General Services as authorized under
section 2406-A of the act of April 9, 1929 (P.L.177, No.175), known as
The Administrative Code of 1929. Any proceeds remaining after payment
of these costs shall be transferred to the General Fund.
(g) In the event that this conveyance is not executed within 12months
of the Department of Transportation vacating the premises, the property
may be disposed of, with the approval of the Department of
Transportation,in accordance with section 2405-A of The Administrative
Code of 1929. The proceeds from the sale shall be deposited in
accordance withsubsection (0.
Section 6. Fayette County.
(a) (1) The D e p m e n t of General Services, with the appmval of the
Governor, is bereby authorized and directed on behalf of the
to grant and convey to Brenda Rae Miller
d e m i d in~araeraoh(2).
.,. forthe
amount of $370.56.
(2) The property to be conveyed pursuant to this section is the
following tract of land situate in Saltlick Township, Fayette County,
bounded and desrribed as follows:
BEGINNING at apoint in the right of way of Township Route 721, at
the Eastern comer of land now or formerly of James C. Cramer and
Sarah J. Cramer, his wife; thence in, through and leaving the right of way
of Township Route 721, and along dividing line of land now or
formerly of James C. Cramer and Sarah J. Cramer, his wife, and land of
Kevin Ray Miller and Brenda Rae Miller, his wife, South 44 degrees
30 minutes West 434.51 feet to apoint, the rme place of beginning, thence
continuing along land of Kevin Ray Miller and Brenda Rae Miller, his
wife, the following four (4) courses and distances, South 17 degrees
30 minutes East 133.88 feet to a point; thence South 29 degrees
30 minutes West 106.25 feet to a point; thence South 29 degrees
30 minutes West 289.75 feet to an existing stone; thence South 55 degrees
00 minutes West 322.10 feet to awint;
- thence along land now or formerly
pf Cafherine Pritts, No? 45 degrees 30 minutes west 162.00 feet to
lron om:. thence along lme of land now or formerlv of James C. Cramer
and Sarah J. Cramer, his wife, North 44 degrees 30 minutes East
596.58 feet to an existing iron pin; thence continuing along the same,
North 44 degrees 30 minutes East 165.49 feet to a point, the place of
&,ginning.
HAVING erected thereon a one and onehalf stoly frame dwelling.
CONTAINING
2.9645 acres oursuant to a Plan of Survev for
Kevin R and Brenda R ~ i l l e rp&
,
by ~eonard~arfelt,aregis;ered,
professional land surveyor dated September of 1997.
(3) The conveyance under this section shall be made under and subject
to all easements, and rights of others, includmg, but not confined to,
streets, roadways and rights of any telephone, teiegrapb, water, electric,
sewer.. eas or oioeline com~anies.as well as under and subiect to anv
interest, estates or tenanciis veied in third ue~sons,wheker or nit
appearing of record, for any portion of the land or impGvements erected
thereon.
(4) The Deed of Conveyance shall be approved as provided by law
and shall be executed by theecremy of G&& Services in the name of
the Commonwealth of Pennsvlvania.
(5) Costs and fees inciden& to the conveyance under this section shall
be borne bv Brenda Rae Miller and Kevin Rav Miller.
@) (1) The Department of General Services, with the approval of the
Governor, is hereby authorized and directed on bebalf of the
Commonwealth of Pemsylvania to grant and convey to Robert Prim,
Catherine Prim and Alverta Prins the tran of land described in
paragraph (21, for the amount of $1 18.1 1.
(2) The property to be conveyed pursuant to this section is the
following tract of land situate in Saltlick Township,
. Fayette County,
boundedand dcscribcd as followj:
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Cramer &d
the Eastern comer or land now or former& of James
Sarah J. Cramer, his wife; thence in, through and leaving the right of way
of Township Route 721, and along dividing line of land now or
formerly of James C. Cramer and Sarah J. Cramer, his wife, and land of
Kevin Ray Miller and Brenda Rae Miller, his wife, South 44 degrees
30 minutes West 1196.58 feet to an iron pin, the true place of beginning,
thence South 45 degrees 30 tninutes East 162.00 feet to a point: thence
along land now or formerly of Catherine Pring one of the Grantees herein,
1882
LEGISLATIVE JOURNAL -HOUSE
South 55 degrees 00 minutes West 205.90 feet to a point; thence
continuing along thesame, South 77 degrees 00 minutes West231.68 feet
to a point; thence along line of land now or formerly of James C. Cramer
and Sarah J. Cramer, his wife, North 44 degrees 30 minutes East
397.85 f e r to an iron pin, the place of b e w i n g .
CONTAKMG 0.9449 acres oursuanr to a Plan of Survev for
Kevin R and Brenda R ~ i l l e rprepared
,
by ~eonard~arfelt,aregis&ed,
.
professional land surveyor dated September of 1997.
(3) The convevance under this secbon shall be made under and subiect
easements,-and rights of others, including, but not confinededto,
to
streets, roadways and rights of any telephone, telegraph, water, electric,
sewer, gas or pipeline companies, as well as under and subject to any
interest, estates or tenancies vested in third persons, whether or not
appearing of record, for any portion of the land or improvements erected
thereon.
(4) The Deed of Conveyance shall be approved as provided by law
and shall be executed by the Secretary of General Services in the name of
the Commonwealth of Pennsylvania.
(5) Costs and fees incidental to the conveyanceunder this section shall
be home by Robert Ritts, Catherine Pritts and Alverta Prim.
Section 7. Lywming County.
(a) The Department of Transportation, with the approval of the
on behalf of the Conrmonweatth, to grant
Govemor, is hereby authoand convey to Old Lycoming Township Fire Company, for consideration
equal to fair mark& value as determined by an independent appraiser,
the following tract of land situated in the City of Williamsport,
Lycoming County, P e r m s y I v a bounded and described as follows:
PARCEL No. 1
Beginning at a point, said point being located 224 feet left of
Station 120+37 (survey and right-of-way centerline for S.R 3032-A10,
formerly L.R 1036;AlO); thence north 82 degrees 7 minutes 39 seconds
west a distance of 189.73 feet along the northem line of Kenwood Avenue
to a point; thence north 80 degrees-36 minutes 33 seconds west a distance
of41.19 feet alone same id a mint at the inmemion of the northem line
of the aforementioned ~ e d w o o dAvenue with the eastern line of
Dewey Avenue; thence along the eastern line of Dewey Avenue the
following 4 courses and distances:
(1) On a curve to the right with radius of 1316 f e q 139 feet in
length and on a chord bearing north 27 degrees 16 minutes 9 seconds
east a distance of 138.93 feet to apoint;
(2) North 29 degrees 53 minutes 14 seconds east a distance of
11526 feet to a point;
(3) On a curve to the right with radius of 5308 feet, 231.54 feet
in length and on a chord bearing north 31 degrees 13 minutes
11 seconds east a distance of 23 1.52 feet to a
(4) North 32 de-s
29 minutes 6 seconds east a distance of
107.69 feet to a point; thence south 31 degrees 52 minntes 54 seconds
east a distance of 36.84 feet along other land of the Pennsylvania
Deparrment of Transportation to a point; thence south 81 degrees
51 minutes 47 seconds east a distance of 52.11 feet along same to a
point; thence south 17 degrees 26 minutes 40 seconds west a distance I
of 389.62 feet along same to a point; thence south 14 degrees II
34 minutes 19 seconds west a distance of 165.94 feet along same to a ;
point, the point of the beginning.
Containing 2.06 acres or 89,241 square feet.
@) The conveyance shall be made under and subject to easements,
servitudes, rights, interests, estates or tenancies, whether or not appearing
of record, for any portion of the land or improvements erected thereon.
(c) The deed of conveyance must be approved as provided by law and
shall be executed by the Secretary of Transportation in the name of the
Commonwealth.
(d) The costs and fees incidental to this conveyance shall be home by
the grantee.
(e) Money received from the conveyance shall be deposited in the
Motor License Fund.
Section 8. Montgomery County.
Amend Sec. 1, page I, line 9, by inserting before "The"
(a) (1)
Amend Sec. 1, page 1, line 14, by striking out "section 2" and inserting
paragraph
- . (2)
Amcnd Scc. 2, pase 1. line 15, by smking our all of said linc
Amend Sec. 2. oaec I. linz 16.. bv,lnsertinc before "The"
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NOVEMBER 17
Amend Sec 3, pagc 4, linc 5, by smking our 311 of wid line
Amend Scc. 3. oaee 4.,linr 6., bv
inscnina
~,
', befor2 "Chc"
(3)
Amend Sec. 4, page 4, line 13, by striking out all of said line
Amend Sec. 4, page 4, line 14, by inserting before "The"
(4)
Amend Sec. 5, page 4, line 16, by striking out all of said line
Amend Sec. 5, page 4, line 17, by inserting before '"The"
(5)
Amend Sec. 6, page 4, line 20, by striking out all of said line
Amend sec. 6, page 4, line 21, by insetting before "Costs"
(6)
Amend Bill, page 4, by inserting between lines 22 and 23
(b) (1) The Department of Military and Veteran Affairs and the
Department of General Services, with the approval of the Governor, are
hereby authorized and directed on behalf of the Commonwealth of
Pennsylvania to grant and convey, at a price to be determined through
competitive bidding, which price shall not he less than fair market value,
as determined by an independent appraiser, the foltowing tract of land
together with any buildings, sbuctures or improvements thereon, situate
in the Borough of Nomstowq Montgomery County, Pennsylvania,
houndedand describedas follows:
ALL THAT CERTAIN Tract or piece of land situate in the Borough
of Nomstown, County of Montgomery and State of Pennsylvania,
bounded and described according
- to a .ulan made by S. Cameron Corson.
Borough Engineer, on Decembcr 7, 1926, a.follo;.~, to wit:
BEGINNING at a stake set 86 and SIX-tenthsfeet Southerlv
the
,from
~~-~
intersection of the South house line of James Street with the Western
house line of the Harding Boulevard; thence continuing in a Southerly
direxion along the said Westerly house line of the Harding Boulevard on
a w e d line having a radius of 1,450 feet 100 feet to a stake which is the
end of the curve; thence continuing in a Southerly direction along said,
Western house line of the said Boulevard 100 feet to a stake or comer;
thence at a right angle to the last line and along other land of the Borough
of Nomstown Westerly 120 feet to a stake or comer; thence at a right
angle to the last line and along other land of the Borough of Nomstown
Northerly 200 feet to a stake or comer, and thence at a right angle to the
last hne Easterly along other land of the Borough of ~o;stoG 123 and
h v e k - i n hundredths feet to the olace of beeinnins.
(2j The proceeds of the sale of thk land and &noGherein authorized
to be conveyed shall be deposited in the State Treasury Armory Fund.
(3) The conveyance shall be made under and subject to all easements,
servitudes and rights of others, including, but not confined to, streets,
roadways and rights of any telephone, telegraph, water, electnc, sewer, gas
or oiueline wmoanies. as well as under and subiect to anv interest. estates
or tenancies vested inthird persons, whether or not appearing of record,
for any portion of the land or improvements erected thereon.
Section 9. Warren County.
(a) (1) The Depamnent of General Services, with the approval of the
Govemor, is hereby authorized and directed on behalf of the
Commonwealthof Pennsylvania to grant and convey to the North Warren
Municipal Authority the Warren State Hospital sanitary sewer system
facilities, land and buildings described in paragraph (2) for fair
consideration, equal to the fair market value, as determined by
independent appraisal. Fair consideration must be received from the
Grantee within 15 years of the date of conveyance.
(2) The property to be conveyed pursuant to section 1 consists of the
Warren State Hospital sanitay sewer system facilities described in Exhibit,
1 to the Lease Agreement with Option to Purchase dated April 9, 1998,
between the Commonwealthof Pennsylvania and North Warren Municipal
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LEGISLATIVE JOURNAL -HOUSE
Authority, situate in Conewango Township, Warren County, bounded and
more narticularlv described as follows:
C~MMENC~
atG
an existing 1 inch iron pipe set by R G. Rieder in
of ~cnns~lvanig
recorded
the nonh line of lands of the CO-onwcalth
~nDeed Book 68. Paee 499 of the Warren Countv Courthouse.
THENCE; south 25 d e m e s 13 minutes 56 seconds West,
1,249.33 feet to the place of
and a 518 inch rehar and cap set at
the northwest comer of land described herein.
THENCE; South 78 degrees 40 minutes 19 seconds Easf severiw the
lands of the Grantor bercin665.81 feet to a 518 inch rebar and cap &I in
the wcnerlv Rieht-of-Wav linc of SR 0082.. beine the northeast comer of
lands des&ib$herein.
THENCE; continuing along said Right-of-way line South 19 degrees
26 minutes 26 seconds West. 500.10 feet to a 518 inch rebar and can and
the southeast comer of lands described herein.
THENCE; South 89 degrees 46 minutes 15 seconds West severing the
lands of the Grantm, hherein 809.69 feet to a 518 inch rebar and cap, being
the southwest comer of lands described herein.
THENCE; North 14 degees 23 minutes 31 seconds East, severing
lands of the Grantor herein 422.27 feet to a 518 inch rebar and cap.
THENCE: North 50 degrees 10 minutes 28 seconds east severinn the
lands of the &tor 207.66 feet to a 518 incb rebar and cap.
THEXCE; North 29 degrees 07 m u t e s 50 seconds ~ a $severing the
lands of the Grantor herein 191.75 feet to a 518 incb rebar and cao and the
place of beginning.
CONTAINING 11.868 acres, 516,949 square feet of land and being a
portion of lands, previously conveyed to the Commonwealth of
Pennsylvania as recorded in AD Docket 54, Page 91 and Deed Book 38,
Page 363 of the Warren County Courthouse.
(3) The Department of General Services is authorized to grant any
n e c e s w utility easements to the Grantee for the efficientoperation and
maiote&ace of the facilities being conveyed. The easemenginclude,but
are not limited to. the force main.. nlant effluent and a natural gas line
servicing the sewer treatment plant.
(4) The conveyance shall be made under and subject to all easements,
and rights of others, including, but not confined to, streets, roadways and
rights of any telephone, telegraph, water, electric, sewer, gas or pipeline
companies, as well under and subject to any interest, estates or tenancies
vested in third persons, whether or not appearing of record, for any
portion of the land or improvements erected thereon.
( 5 ) The deed of coovfyance shall bc approved as provided by law and
shall be exrcured bv thc Secretan, of Gencd Services in the name of thr
Commonwealth of Pennsylvania.
(6) Costs and fees incidental to this conveyance shall be borne by the
Grantee.
@) (1) The Department of General Serviceswith the approval of the
Governor, is hereby authorized and directed on behalf of the
Commonwealth of Pennsylvania to grant, sell and convey to Warren Area
Student Union, Inc., for fair consideration equal to the fair market value
of $90,000 a tract of land containing approximately 0.23 acres and
building as further described below. The property to be conveyed is a
single tract of laud situate in the Borough of Warren, Warren County,
Pennsylvania, bounded and described as follows:
BEGINNING on the easterly side of Hickory Street, at the south west
comer of land now or lately of Caroline Reig and extending thence south
11 deerees 18 minutes east dons Hickory Street 62.51 feet to north-west
corner of lands of the School ~Ystrictoithe Borough of Warren, thence
north 78 degrees 42 minutes east along the line of said School District
land and along the southerly line of the private right of way hereinafter
described 174.48 feet to land of the Methodist Episcopal Church, thence
north I1 degrees 18 minutes west along said Church property 4 feet,
thence south 78 demees 42 minutes west along line of land conveyed by
William M. ~ o b e G o nTrustee,
,
by deed dated December 21, 1908, and
recorded in Deed Book Vol. 111 naee 247. to the Commissioners of
Warren County, 14.48 feet to a point, thence still along line of said
Commissioners north 11 degrees 18 minutes west 58.51 feet to a poinS
and thence south 78 degrees 42 minutes west along land of said
II
I1
1
-
.
.
.-
-
I
I
Wilham M. Robertson, Tmtee, and along line of said land of
C a r k e Reia. 160 feet fo the nlace ofbepinnine. Snbiect however. to a
private ri&f
way four feei in width extending aiong the southerly
pornon of s a ~ d
from Hickory Smet ea&ardly, parallel wich
Third Street 174.48 feet more or less.
(2) The conveyance' authorized by this section shall be made under
and subject to all l&d and enforceableeasements servitudes and rights
of others. incfudinz.
-. but not confined to. streets. roadwavs and r i d s of
any telephone, telegraph, cable, water, e l e c ~ c sewer,
,
gas or pipeline
companies, a s well as under and subject to any lawful and enforceable
interest, estates or tenancies vested in third persons,appearing of record,
for any portion of the land or improvements erected thereon.
(3) The deed of conveyance shall be by special Wananty deed and
shall contain a clause that the Grantee shall ensure a return of fair
consideration equal to or greater than $90,000 over a five year period
beginning on the execution date of the Lease and Option to Purchase
Agreement between the CommonwealthandWarren Area StudentUnion,
Inc. If the amount of fair consideration is below $90,000 at the end of the
five year period, the propeay shall immediately revert to and revest in the
Commonwealth of Pennsylvania.
(4) The deed of conveyance authorized by this section shall be
approved a . provided by law and shall be executed by the Semtary of
General Services in the name of the Commonwealth of Pennsylvania In
the event that this property is not conveyed to the Warren Area Student
Union, Inc. within 12 monfhs of Wmen Area Student Union, Inc.'s
election to purchase the propeity as set forth in the Lease and Option to
Purchase Aereement between the Commonwealth and Warren Area
Student union, Inc., the property shall be disposed of in accordance with
Article XYTVAofthe act i f ~ $ 1 9 , 1929 @.~.177,No.175). known as
The Administrative Code of 1929.
(5) The deposit of any cash proceeds sball be paid into the State
~reasuryand deposited in the state Treasury Am10'~und.
(6)
. , Costs and fees incidental to the convevance authorized bv this
secnon shall be borne by the Grantees.
Section 10. Washington County.
(a) The Department of Military and Veterans Affairs and the
Department of General Services, with the approval of the Governor, are
hereby authorized and directed on behalf of the Commonwealth of
Pennsylvania to grant and convey for consideration equal to the fair
the tract of land
market value as determined by an independent appraiser
..
bounded y d described as follows:
B e m m e at a mint in the southerlv side of Maiden Street at line of
hereto
i
to Laura A. &lpin, by
land &nveyCd by b e pa^@ of the h t &
deed recorded in the Recorder's Office of Washington County in
Deed Book Vol. 281, page 261; thence southwardly along said lot of
Laura A. Halpin, 240 feet, more or less, to land of the Baltimore and Ohio
Railroad Company; thence westwardly along lands of said Railroad
Company, 70 feet, more or less, to line of land now or late of Phillips
heirs, thence northwardly along said land of Phillips heirs, 240 feet, more
or 1% to the southerly line ofMaiden Stre* and thence eastwardly along
the southerly side of Maiden Street, 70 feet, more or less, to the place of
beginning.
And being the same lot of land conveyed unto the Commonwealth by
Haniet S. Baird, by deed dated August 3, 1915, of record in the office of
the Recorder of Deeds of ~asbiugtonCounty in Deed Book Vol. 427,
page
- - 477.
@) The conveyance shall be made under and subject to all easements,
servitudes and rights of others, including, but not confined to, streets,
roadways and rights of telephone, telegraph, water, electric, sewer, gas or
pipeline companies, as well as under and subject to any interest, estates or
tenancies vested in third persons, whether or not appearing of record, for
any~.
portion of the land or improvements erected thereon.
(c) The proceeds of this sale shall he paid into the State Treasury and
deoosited in the State Treasurv Armom Fund.
(d) The deed of conveyance shall be approved as provided by law and
shall he executed by the Secretary of General Services in the name of the
.Commonwealth of Pennsylvania.
-
-
LEGISLATIVE JOTJIWAL -HOUSE
NOVEMBER 17
~~~
(e) In the event this property is not conveyed to Joseph Pintola within
12 months of the effective date of this act, at the discretion of the
Secretary of General Services, the property shall be offered for sale
through auction, sealed bid or request for proposal, under terms and
conditions in section 2405-A of the act of April 9, 1929 (P.L.177,
No.175), known as The Adminismtive Code of 1929, and this act
authorizing the sale of the berein noted property to Joseph Pintola shall
expire and become null and void.
(0 Costs and fees incidental to this conveyance shall be borne by the
Grantee.
Amend Sec. 7, page 4, l i e 23, by smking out "7" and inserting
11
On the question,
Will the House agree to the amendment?
The SPEAKER pro tempore. Does the gentleman, Mr. Clymer,
wish to speak?
Mr. CLYMER. Thank you, Mr. Speaker.
Mr. Speaker, overthe past few weeks I have been working with
Republican and Democrat members on this omnibus land transfer
amendment, which you have before you The amendment consists
primarily of a number of land m f e r proposals which the State
Government Committee had not yet considered at this session, as
well as a couple of proposals requested by the administration and
by the Senate. Each of the proposals in this amendment has met the
approval of the affected House member and has received the stamp
of approval firom the Department of General Services and any other
affected agency. I have also received a rule 32 analysis for each
land conveyance included in this amendment.
Briefly, let me outline for you what is included in this
amendment. One of tlie provisions is .16 acres, .16 acres in
Scott Township, Allegheny County, located in Representatwe
Stevenson's district; .82 acres in Everett, Bedford County, located
in Representative Hess' district; the Admiral Peary Monument in
Cresson Township, Cambria County, located in Representative
Haluska's district; 3.6 acres in Bloomsburg, Columbia County,
located in Representative Gordner's district; 5.3 acres in Radnor
Township, Delaware County, located in Representative Flick's
disaict; two parcels in Saltlick Township, Fayette County, located
in Representative Stairs' district; 2 acres in Old Lycoming
Township located in Representative Dempsey's district; the
Norristown Armory located in Representative Fichter's district; the
Warren Armory and the Warren State Hospital sanitary sewer
facility in Representative Lynch's district; and the Washington
Armory located in Washington County.
Those conclude the various provisions in this amendment, and
I would ask for your support.
On the question recurring,
Will the House agree to the amendment?
The following roll call was recorded:
Adolph
Men
Axgall
Armstrong
Eachus
Egolf
Evans
Fairchild
Baker
Bard
Barley
F-0
Feese
Fichter
Maher
Maitland
Major
Manderino
Markosek
Marsica
Masland
Schroder
Schuler
Scrimenti
Semmel
Serafini
Seyfert
Shaner
Bebko-Jones
Belardi
Belfanti
Benninghoff
Birmelin
Bishop
BIaum
Boscola
Boys
Bmwne
Bunt
Butkovitz
Buxton
Fleaple
Flick
Forcier
Mayernik
McCall
Smith, B.
Gannon
Geist
McGill
McIlhattan
McIlhinuey
McNaughton
Melia
Michlovic
Micowie
Miller
Mundy
Staback
Stairs
Steelman
Steil
Stem
Stetler
Stevenson
McGeehan
George
Gigliotti
Gladeck
Godshall
Gordner
Gruitra
@PP~
Habay
Haluska
Hanna
Myen
Nailor
Nickol
Caltagirone
Harhai
Cappabianca
Harhart
Cam
Hasay
Hennessey
Carone
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohen, M.
Colafella
Colaino
Cornell
CQrpon
mgan
Cawell
COY
c"""
Heman
Hershey
Hess
Horsey
Hutchinson
Itkin
Jadlowiec
James
Jamlin
Josephs
Kaiser
Keller
Kenney
Kirkland
Krebs
O'Brien
Olasz
Oliver
Orie
Penel
Pesci
Pema
Petrone
Phillips
P~PPY
Pistella
Platts
Preston
Ramos
Raymond
Readshaw
Reber
Riegeer
Smith, S. H.
Snyder, D. W.
Strimaner
Sturla
Sum
Tanpetri
Taylor, E. Z.
Taylor, J.
Thomas
Tigue
Travaglio
Trello
Trich
True
Tulli
Vance
Van Home
Venn
Vitali
Walko
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
Robem
wogan
DeLuCa
Zaughlin
Lawless
Dempsey
Dent
Dmdy
Lederer
Robinnon
Roebuck
Rohrer
R00ney
Leh
LescoviQ
Ross
Rubley
Wojnamski
Wrighs M. N.
Yewcic
Youngblood
Zimmm
Levdansky
Lloyd
Lucyk
Lynch
Santoni
Sather
Saylor
Dally
DeWeese
DiGirolamo
Donatucci
Dme
LaGrom
Sainato
zug
Ryan,
Speaker
NOT VOTING4
Cohen, L. I.
Reinard
The majority having voted in the affirmative, the question was
determined in the aErmative and the amendment was agreed to.
On the question,
Will the House agree to the bill on third consideration as
amended ?
The SPEAKER pro tempore. We will go over the bill
temporarily, because the amendments have not been circulated as
yet for Mr. Benninghoff. Thank you.
Mr. CLYMER. Mr. S~eaker?Mr. S~eaker?
The SPEAKER pro tempore. For what purpose does the
Representative, Mr. Clymer, rise?
Mr. CLYMER. Mr. Speaker, the amendment that I am about to
offer is going to be distributed within the next few minutes. Could
we do that? It is an amendment- I am going to have to ask for a
suspension of the rules to move the amendment forward. It is
1998
LEGISLATIVE JOURNAL -HOUSE
1885
established by an independent appraiser, a tract of land as described in
subsection (b).
@) Property description.-The propto be conveyed is a single tract
of land situate in the Townshp of Stewardso& Potter County,
Pennsylvania, bounded and described as follows:
BEGINNING, at the intersectionof State Route 144and the centerline
of Cross Fork Creek; thence easterly along the centerline of said highway
the following courses and distances: North 70 degrees 05 minutes
11 seconds east, a distance of 18.14 feet: thence North 70 deerees
08 minutes 47 seconds East, a distance of 72.16 feec thence Gorth
71 degrees 06 minutes 38 seconds East, a distance of 70.03 feet: thence
North 73 demees 45 minutes 19 seconds Easf a distance of 73.00 feet
thence NO& 78 degrees 25 minutes 35 seconds East, a distance of
71.58 feet; thence North 84 degrees 29 minutes 57 seconds East, a
distance of 72.59 feet; thence South 89 degrees 54 minutes 57 seconds
East, a dtstance of 67.45 feet; thence Sonth 84 degrees 33 minutes
11 seconds East, a distance of 65.31 feet; thence South 78 degrees
41 minutes 25 seconds Easr, a distance of 70.24 feet; thence South
72 degrees 43 minutes 46 seconds East, a distance of 74.52 feef; thence
South 67 degrees 38 minutes 59 seconds East,a distance of 71.11 feet
thence South 65 degrees 08 minutes 53 seconds East, a distance of
37.12 feet, to a point in the centerline of State Route 144; thence leaving
said road, South 33 degrees 26 minutes 03 seconds West, a distance of
230.24 feet, to a point on theNorthem edge of Kettle Creek; thence down
On the question recurring,
Kettle Creek the following causes and distances, North 60 degrees
Will the House agree t o the bill on third consideration as 39 minutes 46 seconds West, a distance of 22.66 feet; thence North
amended?
64 desees 08 minntes 47 seconds West a distance of 57.1 1 feet: thence
North-53 degrees 40 minutes 22 seconds West, a distance of 55.82 feet;
Mr. CLYMER offered the following amendment No. A4517: thence North 58 degrees 10 minutes 34 seconds West, a distance of
49.92 feet; thence Noah 43 degrees 11 minutes 37 seconds West, a
Amend Title, page 1, line 5, by removing the period after distance of 56.13 feet; thence North 56 degrees 46 minutes 30 seconds
West, a distance of 56.79 feet; thence South 88 degrees 27 minutes
"Pennsylvania" and inserting
;and authorizing and directing the Depamnent of General Services to sell 55 seconds West, a distance of 47.81 feet; thence South 78 degrees
and convey to StewardsoriTownship,a certain tract of land situate in the 41 minutes 35 seconds West, a distance of 57.19 feet; thence South
75 degrees 47 minutes 38 seconds West, a distance of 52.67 feet; thence
Township of Stewardson, Potter County, Pennsylvania.
Amend Sec. 1, page 1, line 8, by striking out "Conveyance North 88 degrees 47 minntes 45 seconds West, a distance of 49.91 feet;
thence South 84 degrees 43 minutes 40 seconds West, a distance of
authorization." and inserting
Authorization to convey land in Montgomery County. 59.07 feet; thence South 69 degrees 34 minutes 12 seconds West, a
distance of 61.40 f e e thence South 69 degrees 34 minutes 12 seconds
Amend Sec. I, page I, line 9, by inserting before "The"
West, a distance of 38.41 feet, to the centerline of Cross Fork Creek;
(a) Authorization,
Amend Sec. 1, page 1, line 14, by striking out "section 2" and inserting thence North 05 degrees 07 minutes 34 seconds West, a distance of
79.40 feet, along the centerline of Cross Fork Creek to the Point of
subsection (b)
Beginning.
Amend Sec. 2, page 1, line 15, by striking out all of said line
Containing 2.23 ACRES, more or less.
Amend Sec. 2, page 1, line 16, by inserting before "The"
(b) Property description.(c) Conditions of sale.-The conveyance authorized by in
Amend Sec. 2, page 1, line 16, by striking out "section 1" and inserting subsection (a) shall be made under and subject to all lawful and
enforceableeasements, servitudes and rights of others, including, but not
subsection (a)
confmed to, streets, roadways and rights of any telephone, telegraph,
Amend Sec. 3, page 4, line 5, by striking out all of said line
cable, water, elechic, sewer, gas or pipeline companies, as well as under
Amend Sec. 3, page 4, line 6, by inserting before "The"
(c) Easementsand subject to any lawful and enforceable interest, estates or tenancies
vested in third persons, appearing of record, for any portion of the land or
Amend Sec. 4, page 4, line 13, by striking out all of said line
improvement erected thereon.
Amend Sec. 4, page 4, line 14, by inserting before "The"
(d) Deed.-The deed of conveyance authorized by subsection (a) shall
(d) Deposit of proceeds.be by special Warranty deed and shall contain a clause that the Grantee
Amend Sec. 5, page 4, line 16, by striking out all of said line
shall utilize the propesiy for Municipal purposes. If at any time the
Amend Sec. 5, page 4, line 17, by inserting before "The"
Grantee or their successorin function conveys said property or authorizes
(e) Approval and execution of deed.or permits said property to be used for any purpose other than those
Amend Sec. 6, page 4, line 20, by striking out all of said line
aforementioned, the pmper&y shall immediately revert to and revest in the
Amend Sec. 6, page 4, line 21, by inserting before "Costs"
(f) Costs and fees.Commonwealth of Pennsylvania.
(e) Pedestrian access clause.-The deed of conveyance authorized by
Amend Bill, page 4, by inserting between lines 22 and 23
subsection (a) shall contain a clause that the Grantee shall allow
Section 2. Authorization to convey land in Potter County.
(a) Authorization.-The Depamnent of General Services, with the oedestrian access across the premises to Kettle Creek and Cross Fork
approval of the Governor and the Department of Conservation and
Natural Resources, is hereby authorized and directed on behalf of the
(0 Execution of deed.-The deed of conveyance authorized by
(a) shall be apvroved as provided by law and shall be executed
Commonwealth of Pennsylvania to grant, sell and convey to Stewardson
l
in the &me of the Commonwealth
of ~ e & a ~ervicks
Township, for fair consideration equal to the fair market value as by the
of Pennsylvania. In the event that this conveyance is not executed within
agreed to, but obviously, whatever the Speaker would want to do
is certainlv in his authoritv.
The SPEAKER pro tempore. Mr. Clymer, we are going to go
over the bill temporarily because we still do not have the
amendment of Mr. Benninghoff.
It is my understanding that the amendment is now being
distributed, so w e will continue.
MI. Clymer, do you wish to speak?
Mr. CLYMER. Thank you, .&I Speaker.
The amendment I am about to offer, amendment 4517, this is an
amendment to convey 2.23 acres from the Department qf
Conservation and Natural Resources to the Stewardson Township
supervisors in Potter County. The propeay is located at the
junction of Pennsylvania Route 144 and Cross Fork Creek.
Stewardson Township has leased this property to collect municipal
waste for many years.
Mr. SpeakerThe SPEAKER pro tempore. Just let me interrupt you for a
moment, please. We have to have the clerk read the amendment,
please.
I
I
LEGISLATIVE JOURNAL -HOUSE
12 months of the effective date of this act, the property shall be disposed
of in accordance with Article XXIV-A of the act of April 9, 1929
(PL.177, No.175), known as The Administrative Code of 1929.
(g) Costs and fees.-Costs and fees incidental to the conveyance
authorized bv this section shall be borne bv the Grantees.
Amend ske. 7, page 4, line 23, by hking out '7and inserting
Dent
Damody
DeWeese
DiGimlamo
Donatucci
Leh
Lescovitz
Levdansky
Lloyd
Lucyk
Drum
-~..-
Lvnch
3
Krebs
The SPEAKER pro tempore. Mr. Clymer, you will have to
make a motion to suspend the rules to offer this amendment,
please.
Mr.CLYMER Thank you.
I was just informed that this amendment did not get in on time
and the rules would have to be suspended, and, Mr. Speaker, I so
move to suspend the rules so I can offer amendment 4517.
On the question,
Ryan
Speaker
The foUowing roU call was recorded:
Eachus
Egolf
Evans
Faixhild
Fwo
Feese
Fichter
Fleagie
Flick
Forcier
Gannon
Geisf
George
Gigiiom
Glade&
GadshaU
Gordner
Gruiea
GNppo
Habay
Hal&
Hanna
Harhai
Harhart
Csm
Hmnessey
HRman
Henhey
Hess
H-Y
Hutchinson
Ith
Jadlowiec
James
JarOli"
Josephr
Kaiser
Keller
Kmey
Kirkland
LaGrotta
Laughlin
L~W~RS
Lederer
Maher
Maitland
Major
Manderino
Markosek
Marsieo
Masland
Mayemik
McCall
McGeehan
McGill
McILhamn
Mcllhimey
McNaughton
Melio
Michlovic
Miconie
Miller
Mundy
Myen
Nailor
Nick01
O'Brien
Olasr
Oliver
Orie
Penel
Pesci
Petrarca
Pmne
Phillips
RPPY
Pistella
Plans
Reston
Ramos
Raymond
Readshaw
Reber
Rieger
Roberts
Rabi"s0n
Roebuck
Rohrer
Steil
I
Carone
Ross
Staback
EXCUSED-:!
Cahen, L. I.
Reinard
A majority of the members required by the mles having.voted
in the a f f i t i v e , the question was determined in the a f f i t i v e
and the motion was agreed to.
On the question recurring,
Will the House agree to the amendment?
Will the House agree to the motion?
Dally
DeLuca
Dempsey
Zimmeman
zug
NOT VOTING3
RULES SUSPENDED
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohen, M.
Colafella
Colaiao
Corndl
C o ~ m
Cmrigan
Cowell
COY
curry
Roaney
Rubley
Sainato
Saatani
Sather
NAYS2
On the question,
WiU the House agree to the amendment?
Adolph
Allen
Argall
-ng
Bakn
Bard
Barley
Banar
Battisto
Bebkc-Jones
Belardi
Belfanii
Bminghoff
Birmelin
Bishop
Blaum
Boscola
Boyes
Bmwne
Bunt
Butkovitz
Buxton
Caltagirone
Cappabianca
NOVEMBER 17
Saylor
Schmder
Sehuler
Scrimenti
h e 1
Serafini
seyfm
Shaner
Smith, 8.
Smith, S. H.
Snyder, D. W.
Stairs
Steelman
Stem
SteUer
Stevenson
Shmnaoer
S d a
Sum
Tan,pni
Taylor, E. Z.
Taylor, J.
Thomas
Tigue
Travagiio
Trello
Trich
Vance
Van Home
veon
Vitali
Walko
Washington
Waugh
Williams, A. H
Williams, C.
Wilt
Wogan
Wojnaroski
Wright, M. N.
Yewcie
Youngblood
The SPEAKER pro tempore. MI. Clymer, you can proceed.
Mr. CLYMER. Thank you, Mr. Speaker.
And once again let me just say that amendment 4517 is to
convey 2.23 acres from the Department of Conservation and
Natural Resources to the Stewardson Township supervisors in
Potter County. The propelty is located at the junction of
Pennsylvania Route 144 and Cross Fork Creek.
And very briefly, Stewardson Township has leased this property
to collect municipal solid waste for many years. About a year ago,
DCNR agreed to transfer the land to the township so they could
erect a pole barn to house the township's trucks and road
maintenance equipment. In return, the township will collect the
forestry office's trash at no charge.
The Department of General Services agrees to the transfer, and
I would ask for an afhnative vote on this amendment. Thank you.
On the question recurring,
Will the House agree to the amendment?
The following roll call was recorded:
Adolph
Allen
Argall
Armmong
Baker
Bard
Barley
Bamr
Banisto
Bebko-Jones
Belardi
Belfanri
Benninghoff
Birmelin
Bishop
Blaum
Boscola
Boyer
Evans
Fairchild
Fargo
Feese
Fichter
Flcagle
Flick
Forcier
Gannon
Geist
George
Giglioni
Gladeek
Godshall
Gordner
Gmitza
~ P P O
Habay
Maitland
Major
Manderino
Markosek
Marsico
Masland
Mayemik
McCall
McGeehan
McGill
Mcllhamn
McIihinney
McNaughtan
Melio
Michlavic
Micouie
Miller
Mundy
Schrader
Schuler
Scrimenti
Semmel
Serafini
Seyfert
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W
Staback
Stain
Steelman
Steil
Stem
Sterler
Stevenson
Snimnaner
LEGISLATIVE JOURNAL -HOUSE
1998
Browne
Bunt
Butkovie
Buxton
Caltagirone
Cappabianca
Cam
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohen, M.
Colaizzo
ComeU
corpora
Corrigan
Cowell
COY
curry
Daley
Dally
DeLuca
Dempsey
Dent
Dermody
DeWeese
DiGimlamo
Donahlcci
Drwe
Eachus
Egolf
Haluska
Hanna
Harhai
Harhan
Hay
Heunessey
Herman
Hershey
Hess
Honqi
Hutchinson
Itkin
Jadlowiec
James
Jarolin
Josephs
Kaiser
Keller
Keuney
Kirkland
Krebs
LaGrona
Laughlin
Lawless
Lederer
Leh
Lescovitz
Levdansky
Lloyd
Lucyk
Lynch
Maher
Myers
Nailor
SNrla
Nick01
Tangretti
Taylor, E. 2.
Taylor, J.
O'Brien
OlasZ
Oliver
Orie
Penel
Pesci
Petrarca
Peuone
Phillips
P~PPY
Pistella
Plaits
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
Robem
Robinson
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sarher
Saylor
Sum
Thomas
Tigue
Travaglio
Trello
Trich
True
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
Williams, A. H
Williams, C.
Wilt
Wogan
Wojnaroski
Wright, M. N.
Yewcic
Youngblood
Zimmerman
zug
The majority having voted in the a f f m t i v e , the question was
determined in the affirmative and the amendment was agreed to.
On the question r e c d g ,
Will the House agree to the bill on third consideration as
amended?
Mr. BENNINGHOFF offered the following amendment No.
A4511:
Amend Title, page 1, line 5, by removing the period after
"Pennsylvania" and inserting
and to purchase certain tracts of land situate in B m e r
Township, Centre County, Pennsylvania.
Amend Sec. 1, page 1, lines 8 and 9, by striking out all of line 8 and
"The" in line 9 and insening
Section 1. Montgomery County.
(a) Conveyance authorization.-The
Amend Sec. 1, page 1, line 14, by striking out "section 2" and inserting
subsection (b)
Amend Sec. 2, page 1, lines 15 and 16, by striking out all of line 15
and "The" in line 16 and inserting
(b) Property description.-The
Amend Sec. 2, page 1, line 16, by striking out "section 1" and inserting
subsection (a)
Amend Sec. 3, page 4, lines 5 and 6, by striking out all of line 5 and
"The" in line 6 and inserting
(c) Easements,etc.-The
Amend Sec. 4, page 4, lines 13 and 14, by s t d i n g out all of line 13
and 'The" in l i e 14 and inserring
(d) Deposit of proceeds.-The
Amend Sec. 5, page 4, lines 16 and 17, by striking out all of line 16
and "The" in line 17 and inserting
(e) Approval and execution of deed-The
Amend Sec. 6, page 4, lines 20 and 21, by striking out all of line 20
and "Costs" in l i e 21 and inserting
(0 Costs and fees.Xosts
Amend Bill, page 4, by inserting between lines 22 and 23
Section 2. Center County.
(a) Authorization of purchase.-The Department of General Services,
with the approval of the Governor, is authorized to purchase on behalf of
the Department of Corrections, for fair market value as determined
by an independent app&sal the following tracts of land situate in
Benner Township, Centre County, Pennsylvania, described as follows:
TRACT NO. 1
BEGINNING at a rock oak; thence by land of Valentins, South
30 degrees East, 85 perches to a red oak; theuce North 72 degrees East,
32 perches; thence by land of Christian Dale, North 2 degrees East,
40 perches to a rock oak, thence North 33 degrees West, 24 perches to a
ch&ut oak; thencc North 57 degrees East, 10 perches to a chcrmut oak;
thencc bv land of J. Noll. North 26 d e m e s West, 18 oerches to a black
oak; thence North 42 degrees West, 20 perches to stones; thence South
58 degrees West, 60 perches to the place of beginning.
Containing approximately 28.86 acres and being known as
Centre County Uniform Parcel Identitier Tax Parcel Number 12-05-036.
TRACT NO. 2
BEGlNNlNG at a red oak: thence bv land of Wistars. South 57 deaees
West, 40 5/10 perches to stones; thence by land of William Simmons
heirs, South 42 degrees East, 20 perches to black oak, thence by same,
South 26 degrees Easf 18 perches to chesmut oak; thence by same, South
57 dezrees West. 10 ~erchesto chestnut oak; theuce bv same, South
yoy,
33 degrees East, 24 paihes to chestnut oak; thence by land of ~ i n e ~
North 57 degrees Easf 55 perches to stones; thence by land of Henry No&
North 38 demees West. 61 oerches to the place of bepinning and being
known as ~ & eCounty uniform Parcel identifier T& ~ a & l~umbe;
p/o 12-5/36.
BEING the same premises which became vested in Neil Walker
the Grantor herein by a Decree Awarding Real Estate h m the
Margaret A. Hild Estate dated October 27, 1994, as recorded in
Centre County Record Book 784, Page 978.
Containing approximately 17.46 acres and being known as
Centre County Uniform Parcel Identifier Tax Parcel Number 12-05-036.
Both parcels being the same premises as described in Centre County
Deed Book 195, page 385, consisting of approximately 46.32 acres.
@) Costs and fw.-The costs and fees incurred by the Department of
General Services for the acquisition of the tracts of land described in
subsection (a) shaU be reimbursed by the Department of Corrections.
Amend Sec. 7, page 4, line 23, by striking out "7" and inserting
3
-
Ryan,
Speaker
NOT V O T I N G 2
1887
I
A
-
O n the question,
Will the House agree to the amendment?
The SPEAKER pro tempore. The Chair recognizes
Mr. Benninghoff for the purpose of discussing the amendment.
Mr. BENNINGHOFF. Thank you, Mr. Speaker.
Amendment 4512 will be withdrawn, so I will only be
addressing amendment 451 1.
The SPEAKER pro tempore. Thank you.
1888
LEGISLATIVE JOURNAL -HOUSE
M r . B ~ G H O F FThis
. is authorizationofpurchase of land.
These are three parcels of land that total about 46 acres located
within the State correctional institute in Bemer Township. These
have been agreed upon by the Department of General Services. We
are giving them authorization to purchase this. It has also been
approved by the Governor, and he has authorized the purchase, on
behalf of the Depamnent of Corrections, for fair market value as
determined by an independent appraisal. This land is landlocked by
the prison. You must travel through the prison property in order to
access it, and we ask the members to respectfully allow us this
vurchase. Thank you.
The SPEAKER pro tempore. Mr. Clymer, on the amendment.
Mr. CLYMER. Mr. Speaker, could I have a sidebar with the
maker of this amendment for a few minutes just to converse with
him? We had moved a similar bill today out of the State
Government Committee, and I need to see if he is aware of that. If
you could just give us about 2 minutes, I would appreciate that.
The SPEAKER pro tempore. The House will be at ease for
2 minutes while Representatives Clymer and Benninghoff have a
sidebar. Thank you.
NOVEMBER 17
GUEST INTRODUCED
The SPEAKER pro tempore. Can I have your attention, please.
This is a very special moment for me, and there is a very special
guest in the audience today, someone who is near and dear to me.
He is the local districtjustice back home, and he just happens to be
my son, Dan. Will you rise and be recognized, please, Dan.
FAREWELL ADDRESS
BY MR. OLASZ
The SPEAKER pro tempore. Some may interpret this to be my
swan song, but my intention through the years is to give you
something to think about.
I consider myself very fortunate to have spent the last 18 years
representing the 38th District here in the House in Pennsylvania,
and all 203 of you members sbould consider yourselves very
fortunate, because out of the tens of millions that occupy the
Commonwealth of Pennsylvania you have been selected to
represent the constituents in your district.
When I first came to the House in 1981, my party was in the
(Conference held.)
minority. Then we gained control for many years, and for the past
4 years I have been in the minority again. My service has gone full
circle in the past 18 years. No maner the forrunes of my caucus, I
GUEST INTRODUCED
have served with some remarkable people from both sides of the
The SPEAKER pro tempore. While the House is at ease, the aisle over the years. Many of the friendships I have developed with
Chair would like to recognize Rebecca Tauber, guest of other House members will continue well into the future; of that I
Representative Saylor. Rebecca is a student at Penn State's have no doubt.
Hershey Medical Center CoUege of Medicine. Rebecca, would you
This is a remarkable body and one in which I have proudly
please stand to be recognized, please. Thank you very much and a served I remember some rather vicious legislative battles that have
lot of success in your chosen field.
' been waged on the floor, and from time to time I have been known
to be in the thick of these battles, hut I have learned that today's
adversary may well become tomorrow's ally. Such is the irony of
CONSIDERATION OF SB 1011 CONTINUED
politics.
AMENDMENT WITHDRAWN
Back when I fist began serving in the House, there was a
unique sense of camaraderie that unified us all. Over the last few
The SPEAKER pro tempore. The Chair at this time recognizes I years, I have watched that camaraderie fade. The battles wefight
Representative Beuninghoff, who agrees to withdraw his today, whether they be partisan or ideological, seem to continue
amendment at this time.
long after the issue itself has been settled. I hope that this
phenomenon is merely part of a cycle and this House will once
Mr. BENNINGHOFF. Thank you, ivir.Speaker.
agan return to the spirit of yesteryear, when a person's handshake
At this point I would like to withdraw that amendment.
The SPEAKER pro tempore. Thank you very much.
was his or her bond and created a brighter tomorrow for our
Mr. BENNINGHOFF. Thank you.
Commonwealth and its residents and its unified goal.
As 1 look out over this august body, I remember my friend,
On the question recurring,
Nick Micozzie, writing a letter years ago asking us to try to tone
Will the House agree to the bill on third consideration as down some of the viciousness of the campaigns, and,
amended?
Representative, I think it is about time that you might want to
circulate that letter again.
Mr. ZUG. Mr. Speaker, I have an amendment to the bill, I
I am proud of the many accomplishments I have achieved
believe.
during the past 18 years, and I am gratekl to my staff, who have
The SPEAKERpro ternpore. Just a minute. We are checking the always shown me the utmost loyalty and devotion; also to the
record, please.
Chief Clerk and his staff, and every department that bends over
Mr. ZUG. okay.
backwards to accommodate all of us here.
In particular, I have to thank my wife of 35 years, because if
BILL PASSED OVER TEMPORARILY
anyone deserves Purple Hearts and broad stars, she does with my
children because I have been the victim of some very vicious
The SPEAKER pro tempore. The House will pass over the bill campaigns, and that is why I mentioned Nick Micozzie. It does not
temporarily.
have to be that way.
When I clear out my desk on the floor this week, I will take with
me tremendous memories of the many people that have touched my
!
LEGISLATIVE JOURNAL -HOUSE
life and many hours we have spent making our marks in the history
of Pennsylvania. Politics is an honorable profession. We should all
be proud of having sewed and helping our constituents. There are
many, many accomplishments in the people that we have helped
that have gone unnoticed, and those are treasures I am sure that all
of you, as well as myself, will keep in our hearts forever.
And I hope that through the years I have given you much to
think about. As I used to say to the Speaker, Matt Ryan, whom I
have the greatest respect for, I used to remind him that where there
is a will, there is a relative.
I wish you all good health, great joy, and Godspeed in the
challenges that will face you in the future sessions. Thank you very
much for your comradeship and your friendship.
THE SPEAKER (MATTHEW J. RYAN)
PRESIDING
The SPEAKER. Think about it.
GUEST INTRODUCED
Bminghoff
Birmelin
Bishop
Blaum
Boscola
Boyes
Bmme
Bunt
Buthie
Buxton
Caltagimne
Cappabianca
Cam
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohen, M.
Colafella
Colaizo
Cornell
Corpora
Conigan
Cowell
Coy
-
The SPEAKER. The Chair welcomes to the hall of the House
today Miss Jessie Miller, here today as the guest of Representative
Peter Zug. Jessie is seated to the left of the Speaker. Would the Daley
Dally
young lady please stand up.
CONSIDERATION OF SB l o l l CONTINUED
On the question recurring,
Will the House agree to the bill on third consideration as
amended?
DeLuca
Dempsey
Dent
D ~ O ~ Y
DeWeese
DiGimlamo
Donatucci
h c e
Eachus
Gannon
Geist
George
Giglioni
Gladeck
Godshall
Gordner
Gruitza
~ P P
Habay
Haluska
HaMa
Harhai
Harhart
Hennessey
Herman
Hershey
Hess
How
Hutchinson
Itki"
Jadlowiec
James
Jamlin
JOsephs
Kaiser
Keller
Kmey
Kirkland
Krebs
LaGrotta
Laughlin
Lawless
Lederer
Leh
Lescovie
Lwdansky
Lloyd
Luc~k
Lynch
Maher
Snyder, D. W.
Staback
Stairs
~ c ~ a u g h i o n Steelman
Steil
Melio
Michlovic
Stem
Stetler
Micozzie
Miller
Stevenson
Mundy
Strimnatter
Sturla
MY^
Nailor
sum
Nickol
Tangreni
O'Brien
Taylor, E. Z.
0las-Z
Taylor, J.
Oliver
Thomas
Orie
Tigue
Perzel
Travaglia
Pesci
Trello
Pewrca
Trich
Petrone
TNe
Tulli
Phillips
Vance
RPPY
Pistella
Van Home
Platu.
Veon
Vitali
Preston
walk0
Ramos
Raymond
Washington
Readshaw
Waugh
Williams. A. H.
Reber
Rieger
Williams, C.
Robem
Wilt
Robinson
w o w
Wojnaroski
Roebuck
Rohrer
Wright, M. N.
Rooney
Yewcic
Youngblood
Ross
Rubley
Zimmemwn
Sainato
zug
Santoni
Sather
Ryan,
Saylor
Speaker
The SPEAKER. The Chair recognizes the gentIeman, Mr. Zug.
It is my understanding that the gentleman, Mr. Zug, withdraws
his intended amendment. Is that correct?
Mr. ZUG. That is correct. Thank you, Mr. Speaker.
The SPEAKER. The Chair thanks the gentleman.
NOT VOTING1
On the question recurring,
Will the House agree to the bill on third consideration as
amended ?
Bill as amended was agreed to.
EXCUSED-:!
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:
Adolph
Allen
Argall
Armstrong
Baker
Bard
Barley
Barn
Banirto
Egalf
Evans
Fairchild
Fargo
Feere
Fichter
Fleagle
Flick
Forcier
Maitland
Major
Manderino
Markosek
Marsico
Masland
Mayernik
McClll
McGeehan
Schroder
Schuler
Scrimenti
Semmel
Serafini
Seyfen
Shaner
Smith, B.
Smith, S. H.
Cohen, L. I.
Reinard
The majority required by the Constitution having voted in the
a h a t i v e , the question was determined in the affnmative and the
bill passed finally.
Ordered, That the clerk return the same to the Senate with the
information that the House has passed the same with amendment
in which the concurrence of the Senate is requested.
FILMING PERMISSION
The SPEAKER. The Chair advises the House that permission
has been granted to WPXI-TV to videotape with audio for a period
of 10 minutes.
LEGISLATIVE JOURNAL -HOUSE
BILL ON THIRD CONSIDERATION
The House proceeded to third consideration of HB 2858, PN
4059, entitled:
An Act establishingNeighborhood Improvement Districts; confeming
powers and duties on municipal corporations and neighborhood
improvement districts; providing for annual audits; and making repeals.
On the question,
Will the House agree to the bill on thud consideration?
The SPEAKER. The Chair understands that the gentleman,
Mr. Taylor, will offer an amendment in place of Mr. Reinard. Is
that accurate, Mr. Taylor?
Mr. TAYLOR. That is correct, Mr. Speaker.
On the question recutting,
Will the House agree to the bill on third consideration?
Mr. T A n O R offered the following amendment No. A4238:
Amend Sec. 6, page 17, line 18,by striking out "(b) Adminkmtion.~'
and insetting
@) Administration.(1)
Amend Sec. 6, page 17, by inserting between lines 26 and 27
(2) If an active nonprofit development corpordtion already exists
within the geographic boundaries of t h e m and formally indicates its
interest to the governing body of the municipality to become the
designatedNIDMa,the goveming body of the municipality shall grant
that request unless 51% or more of the affected property owners or
property owners whose property valuation as assessed for taxable
purposes amounts to 51% of the total property valuation within the
proposed MD register their disapproval of this designation in writing
with the clerk of the governing body within a 45-day period following
the formal written request for designation by the nonprofit
development corporation to become the NIDMA.
On the question,
Will the House agree to the amendment?
The SPEAKER. On the question of the adoption of the
amendment, the Chair recognizes the gentleman, Mr. Taylor.
Mr. TAYLOR. Thank you, Mr. Speaker.
Mr. Speaker, this amendment, which is to the neighborhood
improvement district bill, really gives priority to existing nonprofits
within aparticular district. The thinking there, Mr. Speaker, is that
if there was a nonprofit organization serving that particular area,
that they should at least have preference to be the administrating
body of that improvement disttict.
I would ask for your support.
The SPEAKER The Chair thanks the gentleman.
YEAS200
Maitland
Major
Manderino
Markosek
Mmico
Masland
Mayemik
McCall
McGeehan
McGill
McIlhanan
Mcllhinney
McNaughton
Melia
Michlovic
Micoaie
Miller
Mundy
Myers
Nailor
Nickol
O'Brien
Olasr
Oliver
Orie
Peml
Pexi
Peharca
Permne
Phillips
P~PPY
Pistella
Plans
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
RobeRobinson
Roebuck
Rohrer
R0oney
Ross
Rubley
Sainato
Santoni
Sather
Saylar
Scrimenti
Semmel
Serafini
Seyfert
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stain
Steelman
Steil
Stem
Stetler
Stevenson
Smttmatter
Sturla
Surra
Tangretti
Taylor, E. Z.
Taylor, I.
Thomas
Tigue
Travaglio
Trello
Ttich
True
Tulli
Vance
Van Home
Venn
Vitali
Walko
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
Wogan
Wojnaroski
Wright, M. N.
Yewcic
Youngblood
Zimmemn
zug
Ryan,
Speaker
NOT VOTING1
Carone
&he% L. I.
Reinard
On the question,
Will the House agree to the bill on thud consideration as
amended ?
The following roll call was recorded:
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Forcier
Cannon
Geist
George
Gigliatti
Gladeck
Godshall
Gordner
GnIiQa
GWP~
Habay
Haluska
Hanna
Harhai
Harhart
Haray
Hennessey
Herman
Henhev
Hess
Horsey
Hutchinson
ltkin
Jadlowiec
James
Jarolin
Josephs
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGrona
Laughlin
Lawless
Lederer
Leh
LescoviQ
Levdansky
Lloyd
Luoyk
Lynch
Maher
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 amendment?
Adolph
Allen
Argall
Armstrong
Baker
Bard
Badey
Bmr
Banisto
Bebko-Jones
Belardi
Belfanti
Benninghoff
Birmelin
Bishop
Blaum
Boscola
Boyes
Browne
Bunt
Butkovitz
Buton
Caltagirone
Cappabianca
Cam
casorio
Cawlev
~hadwick
Civera
Clark
Clymer
Cohen, M.
Colafella
Colaizzo
Comell
corpora
Corrigan
Cowell
COY
curry
Daley
Dally
DeLuca
Dempsey
Dent
Dmody
DeWeese
DiGimlamo
Donatucci
Dmce
Eachus
NOVEMBER 17
Schroda
Schuler
LEGISLATIVE JOURNAL -HOUSE
NOT VOTING2
RULES SUSPENDED
The SPEAKER. Mr. Taylor, do you have another amendment?
Mr. TAYLOR. Mr. Speaker, I do, and I believe we have to
suspend the rules to offer amendment 4589.
The SPEAKER. The gentleman, Mr. Taylor, moves that the
rules of the House be suspended to permit the consideration of
amendment 4589.
Baker
Bard
Barley
Banar
Battisto
Bebkdones
Belardi
Belfanti
Benninghoff
Bhelin
Bishop
Blanm
Boscola
Boys
Browne
Bunt
Butkovi~
Buxton
Caltagirone
Cappabianca
Cam
Casorio
Cawley
Chadwick
Civm
Clark
Clymer
Cohcn, M.
Colafella
C0laiao
ComeU
Corpora
Comgan
Cowell
COY
CUT
Daley
Dally
DeLuca
Dempsey
Dent
Demady
DeWeese
DiGirolama
Donatueci
h c e
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Forcier
Gannon
Geist
George
Gigliotti
Gladeck
Gadshall
Gnrdner
Gluiba
G~PPO
Habay
Haluska
Harhai
Harhart
Hasay
Hennessey
H e m
Hershey
Hess
Horsey
Hutchinson
Itki"
Jadlowiec
James
Jamlin
losephs
Kaiser
Keller
Kenney
Kirkland
LaGratta
Laughlin
Lawless
Lederer
Leh
Lescovitz
Levdansky
Lloyd
Lucyk
Lynch
Maher
Maitland
Major
Manderino
Markosek
Marsiea
Masland
May&
McCall
McGeehan
McGill
Mcllhattan
Mcllhinney
McNaughton
Melio
Michlovic
Micozzie
Miller
M ~ Y
MY^
Nailor
Nickol
O'Brien
0la.w
Oliver
hie
Pael
Perci
Petrarca
Petmne
Phillips
pimy
Pistella
PlaN
Resfon
Ramor
Raymond
Readshaw
Reber
Rieger
Robem
Robinson
Raebuck
Rohrer
Rmney
Ross
Rubley
Sainato
Santoni
Sather
EXCUSE&2
Cohen, L. I.
saylor
SCh1oder
Schuler
Scrimenti
s m i 1
Serafmi
Seyfert
Shaner
Smith, B.
Smith S. H.
Snyder, D. W.
Staback
Stairs
Steil
Stem
Stetler
Stevenson
Seittmatter
Sturla
Sum
Tanmeni
~ayior,E. z
Taylor, 1.
Thomas
Tigue
Tmvaglio
Trello
Trich
Vance
Van Home
Vitali
walk0
Washington
Waugh
Williams, k H.
Williams, C.
Wilt
w o w
Wojnarorki
Wright, M. N.
Yewcic
Youngbload
Zimmerman
zug
Mr. TAYLOR offered the following amendment No. A4589:
Amend See. 10, page 26, by inserting between lines 11 and 12
(a) Existing commercial business improvement districts.-The
provisions of this act shall not apply to a business improvement d i d c t
establishedpursuant to the act of May 2, 1945 (PL.382, No.164), known
as the Municipality Authorities Act of 1945, in existence in whole o r in
part in a city of the first class prior to the effective date of this act.
Amend Sec. 10, page 26, line 12, by shiking out "(a)" and inserting
(b)
Amend Sec. 10, page 26, line 13, by striking out "(d)" and inseaing
(e)
Amend Sec. 10, page 26, line 16, by striking out "act of May 2,1945
(P.L.382,No.l64), known as the"
Amend Sec. 10, page 26, line 20, by striking out "(b)" and inserting
(c)
Amend Sec. 10,.page
.. 26, line 23, by striking out "(c)" and inserting
(d)
Amend Sec. 10, page 26, line 30, by striking out "(d)" and inserting
(e)
On the question,
Will the House agree to the amendment?
The SPEAKER. On the question of the adoption of that
amendment, the Chair recognizes the gentleman from Philadelphia
County, Mr. Taylor.
Mr. TAYLOR. Thank you, Mr. Speaker.
Mr. Speaker, this amendment merely is technical in nature. It
exempts existing business improvement districts in the cities of the
first class and also those districts that extend into adjoining
counties. I ask for your support.
On the question recuning,
Will the House agree to the amendment?
The following roll callwas recorded:
Ryan,
Speaker
Adolph
Allen
Hanna
Reinard
On the question recuning,
Will the House agree to the bill on third consideration as
amended?
The following roll call was recorded:
Eachus
Egolf
Venn
A majority of the members required by the rules having voted
in the aflirmative, the question was determined in the affirmative
and the motion was agreed to.
On the question,
Will the House agree to the motion?
Adolph
AUen
Argall
Carone
Amstrong
Baker
Bard
Barley
Barn
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Maitland
Major
Manderino
Markosek
Marsico
Masland
Mayemik
McCall
Schrader
Schuler
Scrimenti
Semmel
Serafini
Seyfen
Shaner
Smith, B.
LEGISLATIVE JOURNAL -HOUSE
Battisto
Bebko-Jones
Belardi
Belfdnti
Benninghoff
Bimelin
Bishaa
Blaum
Boscola
Boyes
Bmwne
Bunt
ButkoviQ
Buxton
Caltagirone
Cappabianca
Cam
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
C 0 h q M.
Cnlafella
Colaizzo
Cornell
Corpora
Corrigan
cowell
COY
Curry
Daley
Dally
DeLuca
Dempsey
Dent
Mody
DewDiGirolamo
Donahlcci
b e
Eachus
Forcier
Gannon
Geist
George
Gigliotti
Gladeck
Godshall
Gordner
Gmim
G~~PPO
Haby
Haluska
Hanna
Harhai
H&mt
HWY
Hennessey
Heman
Henhey
Hess
Horsey
Hutchinson
Itkin
Jadlowiec
James
Jmlin
Josephs
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGmm
Laughlin
Lawless
Lederer
Leh
Lescovitz
Levdansky
Lloyd
Lucyk
Lynch
Maher
McGeehan
McGill
Mcllhattan
Mcllhinney
McNaughton
Melio
Michlovic
Mie-e
Miller
Mundy
Myea
Nailor
Nickol
O'Brien
Olasz
Oliver
Orie
Perzel
Pesci
Pmarca
Pmone
Phillips
P~PPY
Pistella
Plam
Reston
Ramos
Raymond
Readshaw
Reber
Rieger
Roberts
Robinson
Roebuck
Rohra
Rwney
Ross
Rubley
Sainato
Santoni
Sather
Saylor
Smith, S. H.
Snyder, D. W.
Staback
Stairs
Steelman
Steil
Stem
Stetler
Stevenson
Sbimnaner
Shlrla
Sum
Tngretti
Taylor, E. Z.
Taylor, J.
Thomas
Tigue
Travaglio
Trello
Trich
True
Tulli
Vance
Van Home
Veon
Vitali
Walka
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
w o w
Wojnaroski
Wright, M. N.
Yewcic
YoungblaQd
Zimmetman
zus
NOT VOTING1
EXCUSED-:!
Cohen, L. I.
Rebard
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 third consideration as
amended?
The SPEAKER. Mr. Taylor, do you have h t h e r amendments?
Mr. TAYLOR. No, Mr. Speaker.
On the question recurring,
Will the House agree to the bill on third consideration as
amended?
Bill as amended was agreed to.
NOVEMBER 17
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 fmally ?
Agreeable to the provisions of the Constitution, the yeas and
nays will now be taken.
The following roll call was recorded:
Adolph
Allen
Argall
Armsnong
Bard
Barley
Bmr
Battirto
Bebko-Jones
Belardi
Belfanti
Bimelin
Bishop
Blaum
Boscola
Boyes
Browne
Bunt
Butkovia
Bwon
Caltagirane
Cappabianca
Cam
Casorio
Cawley
Chadwick
Civera
Clymer
Cohen, M.
Colafella
Colaipo
Cornell
corpra
Conigan
Cowell
COY
curry
Daley
Dally
DeLuca
Dempsey
Dent
Detmody
DeWeese
DiGirolamo
Donatucci
Dmce
Eachus
Evans
Fargo
Feese
Fiehter
Flick
Gannon
Geist
George
Gigliatti
Gladeck
Godshall
Gordner
Gruim
G ~ P P ~
Habay
Hal~Ska
Hanna
Harhai
Harhart
Hay
Hennessey
Herman
Hershey
Horsey
Itkin
Jadlowiec
James
Jamlin
Josephs
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGratta
Laughlin
Lawless
Lederer
Leh
LwcoviQ
Levdansky
Lucyk
Maitland
Major
Manderino
Markosek
Marsico
Masland
Mayernik
McCall
McGeehan
McGill
Mcllhinney
McNaughton
Melio
Michlovic
Micouie
Mundy
M Y ~
Nailor
Nickol
O'Brien
Olasz
Oliver
Orie
Perzel
Pesci
Pemrca
Pemne
Phillips
P~PPY
Pistella
Platts
Preston
Ramos
Raymond
Readshaw
Reber
Riepr
Roberts
Robinson
Roebuck
Rwney
Ross
Rubley
Sainato
Santoni
Saylor
Schroder
Schuler
scrimenti
Semmel
Serafini
Seyfen
Shaner
Smith, B.
Smith. S. H.
snyd&, D. W.
Staback
Stairs
Steelman
Steil
Stetler
Stevenson
Smmnaner
Sturla
Sum
Tangetti
Taylor, E. 2.
Taylor, J.
Thomas
Tigue
Travaglio
Trello
TriCh
True
Tulli
Vance
Van Home
Veon
Walko
Washington
Waugh
Williams, A. H.
Williams C.
Wogan
Wojnaroski
Wright, M.N.
Youngblood
Zimmmn
Baker
Benninghoff
Clark
Egolf
Fairchild
Fleagle
Forcier
Hers
Hutchinson
Lloyd
Lynch
Maher
Mcllhattan
Miller
Rohrer
Sather
Stem
Vitali
Wilt
Yewcie
NOT VOTING-1
Cohen, L. I.
Reinard
Ryan,
Speakel
LEGISLATIVE JOURNAL -HOUSE
The majority required by the Constitution having voted in the
a m t i v e , the question was determined in the affirmativeand the
bill passed finally.
Ordered, That the clerk present the same to the Senate for
concurrence.
The SPEAKER. The gentleman, Mr. Jarolin, is invited to
temporarily preside.
At this time I present Mr. Jarolin with a ceremonial gavel to
remind himself from time to time what it was like while he spent all
these fine years here.
Mr. JAROLIN. Thank you.
THE SPEAKER PRO TEMPORE
(STANLEY J. JAROLIN) PRESIDING
GUEST INTRODUCED
The SPEAKER pro tempore. May I have your attention, please.
I would like to introduce Chris Durlak, a junior from
Antietam High School in Berks County. He is a guest of
Dante Santoni, up in the balcony there. Would you please stand.
BILLS ON THIRD CONSIDERATION
Bunt
ButkoviQ
Buxton
Caltagirone
Ca~~abianca
cam
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohen, M.
Colafella
Calairzo
Cornell
Corpora
Corrigan
Cowell
COY
Curry
Daley
Dally
DeLuca
Dempsey
Dent
Dermody
DeWeese
DiGirolamo
Donatucci
Druce
Eachus
Haluska
Hanna
Harhai
Harbrt
Hasav
~rn-ssey
Hma"
Henhey
Hss
Horsey
Hutchinson
~tkin
Jadlowiec
Jams
Jar0li
Jomhs
~ai&
Keller
Kenney
Kirkland
Krebs
LaGrnfta
Laughlin
Lawless
Lederer
Leh
mvitz
Levdansky
Lloyd
Lucyk
Lynch
Maher
The House proceeded to third consideration of SB 541, PN
2163, entitled:
An Act amending the act ofJune 23,1931 (P.L.932,Y0.317). enntled
Class City Code, authorizing the adoption of properly
maintenance ordinances; and funhcr proriding for fines and penalties.
The Third
On the question,
Will the House agree to the bill on third consideration?
Bill was agreed to.
The SPEAKER pro tempore. This bill has been considered on
three different days and agreed to and is now on final passage.
The question is, shall the bill pass finally?
Agreeable to the provisions of the Constitution, the yeas and
nays will now be taken.
Nailor
Nickol
O'Brien
Olasz
Oliver
~rie
Perzel
Pwi
Peuarca
Pemne
Phillips
P~PPY
Pistella
Platts
Renon
Ramos
Raymond
Readshaw
Reber
Rieger
Roberts
Robinson
Roebuck
Rohrer
Rooney
Rms
Rubley
Sainato
Santoni
Sather
Saylor
Surra
Tangmi
Taylor, E. Z
Taylor, J
Thomas
Tigue
Travaglio
Trello
TriCh
True
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
Wogan
Wojnamski
Wright, M. N.
Yewcic
Youngblood
Zimmerman
zug
RY~R
Speaker
NOT VOTING1
Camne
Cohen, L. I.
Reinard
The majority required by the Constitution having voted in the
and the
affirmative,the question was determined in the
bill passed fmlly.
Ordered, That the clerk return the same to the Senate with the
information that the House has passed the same with amendment
in which the concurrence of the Senate is requested.
The following roll call was recorded:
Adolph
Allen
Arzall
Armstrong
Baker
Bard
Barley
BBattista
BebkeJones
Belardi
Belfanti
BeminghaR
Bimelin
Bishop
Blavm
Bascola
Boyes
Browne
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Forcier
Gamon
Geist
George
Giglioni
Gladeck
GodsMI
Gardner
GmiQa
G~PPO
Habay
Maitland
Major
Manderino
Markosek
MKsiCO
Masland
Mayemik
McCall
McGeehan
McGill
McIlhanan
Mcllhinney
MeNaughton
Melio
MicNovic
Micozzie
Miller
Mundy
MY-
Sehrader
Schuler
Scrimenti
S m d
Serafini
Seyfert
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stain
Steelman
Steil
Stem
Stetler
Stevenson
Snimnalter
SNrla
The House proceeded to third consideration of SB 542, PN
1206, entitled:
An Act amending the act ofJuly 15,1957 (P.L.901, No.399), entitled
Optional Third Class City Charter Law, providing for fines and penalties.
On the question,
Will the House agree to the bill on thiud consideration?
Bill was agreed to.
The SPEAKER pro tempore. This bill has been considered on
three different days and agreed to and is now on final passage.
The question is, shall the bill pass finally?
Agreeable to the provisions of the Constitution, the yeas and
nays will now be taken.
LEGISLATIVE JOURNAL -HOUSE
1894
The following roll call was recorded:
GUESTS INTRODUCED
YEASZOO
Adolph
Allm
Argall
gBaker
Egolf
Fairchild
Fargo
Feese
Maitland
Major
Manderino
Markosek
Marsico
aard
Fic-
Marlaod
Barley
Barmr
measle
Flick
Fder
Chmon
G&
May&
McCpll
McGghan
MCG~
McIlhaftan
Mcllhirmey
McNaughmn
Melio
Michlovic
Miwnie
Miller
Mmdy
Baaisto
~ebkc- ones
BeM
Belfanti
~~
~irmetin
Bishop
Blaw
Baseola
Boyes
Bmwne
Bimf
Butkovitz
Bvxton
Cattasimne
Cappabisnca
vans
Geo%e
Giglid
Gladeck
Godshall
GGT~UB
Gruina
Gnrppo
Habay
MY^
Hal&
Nailor
Nickol
O'Brim
O l e
Oliw
Hanna
~arbai
Harhart
Hasay
Cam
Casnio
Cawley
Chadwick
Civera
Clark
c~ymer
Cohen, M.
Colafella
Colaiao
Cornell
CorPO~
Conigan
Cowell
COY
CUW
Daley
Dally
DeLuca
DeUiPW
Dcm
WY
Deware
DiGiilamo
Donstucci
~hce
Eachvs
Orie
Harnan
HaJhey
H s
HOW
Hutchinson
I&
Jadlowiec
James
Jarolin
Josephs
Kaiser
Keller
Kenney
Kirkland
Krebs
LaGrom!
Laughiin
Lawless
Lederer
Leh
~eseovie
Levdansky
Lloyd
Lueyk
Lyach
Maher
P-l
Psi
Pehana
Pehone
Philljps
P~PPY
Pistella
Plam
Reston
Ramos
Raymond
Readshaw
Reber
Rieger
Robem
Robinson
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
Saylor
Sehroder
Schuler
Scrimenti
semmel
The SPEAKER pro tempore. May I have your attention, please.
The Chair welcomes St. Charles Elementary School, who are the
guests of Representative DiGioIamo. They are all located up in the
balcony. Would you please stand.
h
i
%
FAREWELL ADDRESS
BY MR. JAROLIN
%a
Smith, B.
Smi& S. H.
Snyda, D. W.
sabaek
SQin
Steelman
Steil
Stw
Stetler
Stevenson
suitbwtter
Smda
Slma
Tangetti
Taylor, E. 2.
Taylor, J.
Th~mas
Tigue
Travaglio
TmUo
Trich
The SPEAKERprotempore. May I have your attention, please;
can I have your attention.
Sixteen years with this institution. It has been wonderful, and
that is the only way they could get me out is to throw me out, but
it was money that defeated me. And I certainly hope the individual
that takes my
will think of this institution as something
precious. And all of you people who have been close friends of
mine, my family - and this is difficult. The last time I had to do
something like this was with Jim Manderino.
I am proud to have been a State Representative. I thank the
Speaker, I thank the legislative leaders, and I thank you members
of this House of Representatives. I will never forget you. Thank
YOU.
rue
Tulli
Vance
Van Home
veon
vitali
Walko
Washingmu
Waugh
Will-,
A. H.
Williams, C.
Wilt
wow
Wojmski
Wright, M. N.
Yewcic
Yovngb~ocd
Zimmaman
zw
Ryah
NAYS0
NOT VOTING1
Carone
EXCUSED-2
Cohm, L. L
NOVEMBER 17
Reinard
The majority required by the Constitution having voted in the
affirmative, the question was determined in the a f f i t i v e and the
bill passed finally.
Ordered, That the clerk rehun the same to the Senate with the
information that the House has passed the same without
amendment.
THE SPEAKER (MATTHEW J. RYAN)
PRESIDING
CONSIDERATION OF SB 1192 CONTINUED
AMErnMENT WITHDRAWN
The SPEAKER. It is the understanding of the Chair that the
gentleman, Mr. Daley, had an amendment, which is withdrawn.
The Chair recognizes the gentleman on that subject.
Mr. DALEY. Thank you, Mr. Speaker.
I am withdrawing this amendment at this time.
I met, prior to the vote on this bill, with Michelle Corbett and
Mary Beth Marschik and also with the chairman of the Judiciary
Committee, and we found another vehicle that this bill may be
more apropos to run on Monday, which is SB 1239.
So thank you, Mr. Speaker, for this opportunity to just place
those matters on the record. Thank you.
The SPEAKER. The Chair thanks the gentleman.
On thequestion 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
days and agreed to and is now on final passage.
The question is, shall the bill pass finally?
Agreeable to the provisions of the ConstiUtion, the yeas and
nays will now he taken.
.,-he following roll call was recorded:
YEAS201
Adolph
Allen
Eachus
Egolf
Maher
Maitland
Schroder
Schuler
1998
LEGISLATIVE JOURNAL -HOUSE
Argall
Amstrong
Baker
Bard
Barley
Barrar
Battiso
Bebko-Jones
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Foxier
Major
Manderino
Markosek
Marsico
Masland
Mayemik
McCall
McGeehan
Scrimenti
Semmel
Semfini
Seyfen
Shaner
Smith, B.
Smith, S. H.
Snvder. D. W.
Belfanti
Benninghoff
Binnelin
Bishop
Blaum
Boscola
Boyes
Browne
Bunt
Butkovitz
Buxtan
Caltagirane
Cappabianca
Cam
Carone
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohen, M.
Colafella
Calaiao
Cornell
corpom
Comgan
Cowell
COY
cuny
Daley
Dally
DeLuca
Dempsey
Dent
Dermady
DeWeese
DiGirolamo
Donatucci
Geirt
George
Gigliotti
Gladeck
Godshall
Gordner
GN~IZ~
~ P P O
Habay
Haluska
Hanna
Harhai
Harhart
Hasay
Hennessey
Herman
Hershey
Hess
Horsey
Hutchinson
ltkin
Jadlowiec
James
Jarolin
Joseph
Kaiser
Keller
Kenney
Kirkland
Krebs
LBGrotta
Laughlin
Lawless
Lederer
Leh
Lescovitz
Levdansky
Lloyd
Lucyk
Lynch
Mcnhattan
McIlhinney
McNanghton
Melio
Michlovic
Micoaie
Miller
Mundy
Myers
Nailor
Nickol
O'Brien
Olasz
Oliver
Orie
Penel
Pesci
Petrarca
Peuone
Phillips
piny
Pistella
Platm
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
Roberts
Robinson
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
Saylor
Stain
Steelman
Steil
Stern
Stetler
Stevenson
Smmnatter
Sturla
S m
Tangretti
Taylor, E. 2.
Taylor, J.
Thomas
Tigue
Travaglio
Trello
Trieh
Tme
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
Williams, A. H
Wilhams, C.
Wilt
Wogan
Wojmski
Wright, M. N.
Yewcic
Youngblwd
2,mmetman
2%
The Chair requests that the gentleman from Allegheny County,
Mr. Cowell, come to the rostrum to preside temporarily.
At this time the Chair presents to Mr. Cowell a ceremonial gavel
so that he, too, may have some concrete recollection or wooden
recollection of his time here in the legislature.
Mr. COWELL. Thanks. Thanks a lot.
THE SPEAKER PRO TEMPORE
(RONALD R COWELL) PRESIDING
CONSIDERATION OF SB 508 CONTINUED
Ryan,
Speaker
NOT VOTING4
Cohen, L. 1.
Reinard
The majority required by the Constitution having voted in the
affirmative, the question was determined in the affirmative and the
bill passed finally.
Ordered, That the clerk return the same to the Senate with the
information that the House has passed the same without
amendment.
GUEST INTRODUCED
The SPEAKER. The Chair is pleased to welcome to the hall of
the House today Mr. Lany Martin of Allentown, here as the guest
of Re~resentativeDent. The gentleman is located to the left of the
spe&er. Would he please rise.
1895
I
The SPEAKER pro tempore. The House will return to order.
We will return to page 7, SB 508,that we were considering
previously, and we will return to the amendment offered by
Representative George, amendment 4504.
Representative George is recognized on his amendment
Mr. GEORGE. Mr. Speaker, if I may, I started my deliberation
on this a moment ago, and I do not want to belabor the matter, but
I would like for those that are forced to listen to me to hopefully
agree that, as I said a week ago, most of us stood at parks and
veterans facilities and we talked about what our veterans have done
for us when they followed their convictions to do whatever they
could to maintain this democracy that we live in. There is no
greater form ofthis democracy than the system that we are utilizing
at this moment.
Now, for those that might just feel, well, we know what is
coming, it is evident we do not. And what we do in regard to the
freedoms-and the k t is the right to speak- we remove people's
right to speak out by allowing these big companies across
Pennsylvania that each and every time an individual insists that
some h m is coming to his person or his family or his proper& or
some group feels that something is not being handled properly as
the law would insist, and that those of us that pass laws to protect
these individuals, that we dare to allow these tributes to the falsity
of the fact that people no longer have their say when it comes to
wanting to protect what they own.
This is the SLAPP (strategic lawsuits against public
participation) amendment. We continue to play games on it The
Senate and those over there in leadership say, well, you know what
is wrong? What you have in here is the right to strike.
Now, the reason I have proposed this amendment is that
14 States across this country have placed this in law, and rather
than let some poor lady have a suit brought about her and have her
hauled out to the Federal court to try to defend why she spoke out
against a permitAnd incidentally, Mr. Speaker, wait until
SB 179 comes out, and you better listen to me, because I am going
to stand here and I am going to talk about it and I am going to
make those people that have been proposing this garbage-and that
is what it is - I am going to let them listen and I am going to make
at least the people know what is going on in this House. I have
stood here for months and months and I have said, let us protect
these people, and you refused to do so. So you better dam well
listen, because I am going to be here until the Speaker comes down
and drags me out, and you are going
. - to listen to it. Now, we have
had enough of this.
In SB 179 they have an amendment coming out that says that if
a company has 10 million dollars' worth of receipts, we no longer
have to put a bond; we no longer have to wony about the
envuonment. So they want to take care of those with $10 million
1896
LEGISLATIVE J01URNAL -HOUSE
and $20 million and $30 million, those that have hazardous
material in captivity on their properties, those that have hazardous
waste low.leve1 material; protect those poor people with the money
but do not worry about the little lady that can ill afford to be forced
to go to court.
And also in that bill there is another biil coming out that one of
the members on the other side is saying that if that little group of
responsible citizens wants to take somebody before the
Environmental Hearing Board and insists that what is being done
in that permit will violate the premise of good government of the
environmental laws and will depdate the land or the water or the
property, all that individual will have to sit back and wait for is that
if the big company beats them, that little guy is going to have to
come up with the cost of the attorney fees for that big company.
So if we want to stand here-the election is over; you and I have
been elected- if we are going to do the same thing over and over
that we did last year, then the people of Pennsylvania do not have
much 10 look forward to.
This is a SLAF'P amendment. I am tired of them being able to
intimidate little people. I am tired of them wanting to protect the
big guy and forget about the little guy. This is our right to freedom
of speech. This is the right to protect our person. This is the right
for us to do what we were given the right to do under our
Constitution. I do not want to hear about all the various
constitutional amendments. I want to talk about the one that we are
talking about today.
This is a SLAPP amendment. Please pass it. Please protect the
individual that needs us, and when you do, you will not be hurting
the big person; you will just be making that individual more
responsible. Thank you.
The SPEAKER pro tempore. Thank you, Mr. George.
The majority leader, Mr. Perzel.
Mr. PERZEL. Mr. Speaker, if we could wait a few moments.
The amendment has not been circulated to the members yet.
The SPEAKERprotempore. The House will suspend for a brief
moment
The House will come to order.
I believe the amendment has been circulated, and Mr. Snyder is
recognized
Mr. SNYDER. Mr. Speaker, now that the amendment has been
circulated, we have had an o p p o w t y t o review if and as we look
at amendment 4504,it creates a second topic or second issue to
SB 508.
If you look at SB 508,PN 2167, you will notice that this is a
freestanding act that deals with the Department of Community and
Economic Development, which deals with a requirement to certify
that there are no delinquent municipal taxes prior to a grant or loan
being provided by the department. Mr. Speaker, the amendment
that is being circulated that has been proposed by the gentleman,
RepresentativeGeorge, provides for a new topic, "...providing for
immunity from suit in comection with certain actions related to
environmental law or regulation."
Number one, it is two topics in a separate act, in a freestanding
act. We are not dealing with just amending into a title, but it is a
freestandingact that would then have two separate topics within it,
which certainly is against our rules and the Constitution. And
number two, Mr. Speaker, there is no relation, even in the subject
matter, between a grant i?om the Department of Community and
NOVEMBER 17
Economic Development and providing for an issue dealing with
litigation and environmental suits.
GERMANENESS QUESTIONED
Mr. SNYDER. For that reason, Mr. Speaker, I would like to
make a motion that this amendment is not germane and also ask
that only the members in their seats be permitted to vote.
The SPEAKER pro tempore. Thank you, Mr. Snyder.
The gentleman, Mr. Snyder, has raised the question of whether
amendment 4504 is germane. Under House rule 27, questions
involving whether an amendment is germane to the subject shall be
decided by the House.
On the question,
Will the House sustain the germaneness of the amendment?
The SPEAKER pro tempore. On that question, the Chair
recognizes Mr. George.
Mr. GEORGE. Thank you, Mr. Speaker.
Mr. Speaker, the gentleman, Mr. Snyder, answered it properly.
It is germane in that there are many things that the Department of
Community Affairs can be involved with, whether it be the
brownfields or the Clean Streams Act or anything else where they
do things, and their law, their rule, insists on what could be done
and whether it is sufficient and how far we go, and people can take
exception and insist that that is just not proper, the proper
safeguard or whatever.
Now, when the gentleman also says that there is a variable and
what it does is it prevents a lawsuit, what it really does is all it does
is provide a motion to strike. So with all of these costly things,
there might be times when the suit is proper, but we want to leave
it up to the jurists to make that decision rather than going through
a long delay, costly situation.
Mr. Speaker, I think it is germane. I think it is just as germane
and as credible as the Governor when he said before the election
that we are going to do something about protecting the
environment. We are going to put a cease on; we are going to limit
our permitting; we are going to protect the people. The executive
branch has heard their cries; we want to do something proper.
Since that has happened, no bill has been passed, no executive
order has taken place; five more landfills have been expanded and
increased. I am just trying to do what the Governor wants me to do.
I am trying to help the people in Pe~sylvaniathat his own side
does not want to help. I am trying to make his statement credible.
I want to give little people an opporhmity to be proud that they live
in the Commonwealth of Pennsylvania where we hear their cries.
If you want to beat the bill, beat it, but do not beat it on
germaneness, because there is a difference between scratching your
ear and tearing it off your head, and you know it. So let us vote the
bill, and let us, those of you at least on our side and a few
honorable people who believe in us on the other side, let them stick
with us on the germaneness question, and let us vote this bill the
way it ought to be voted. Thank you.
The SPEAKER pro tempore. On the question of germaneness,
those who believe the amendment is germane will vote "aye"; those
who believe the amendment is not germane will vote "no."
On the question recurring,
Will the House sustain rhe germaneness of the amendment?
LEGISLATIVE JOURNAL -HOUSE
1998
The SPEAKER pro tempore. We return to debate on the
amendment. Is there any further debate on the amendment?
The following roll call was recorded:
Daley
Dally
DeLuca
Demody
DeWeese
Donatucci
Eachus
Evans
Fairchild
Feese
George
Gigliotti
Gordner
GNiQa
Haluska
Hanna
Harhai
Honey
Itkin
James
Jarolin
Josephs
Kaiser
Keller
Kirkland
Krebs
LaGrona
Laughlin
Lederer
LescoviQ
Levdansky
Lloyd
Lucyk
Lynch
Manderino
Markosek
Masland
Mayemik
McCall
McGeehan
McIlhamn
Melia
Michlovic
Mundy
Myen
Olau
Oliver
Pesci
Petrarca
Petrone
Pistella
Preston
Ramor
Readshaw
Rieger
Robem
Robinson
Roebuck
Rooney
Sainato
Santoni
Snimenti
Serafini
Shanet
Staback
Stain
Steelman
Sretler
Sturla
Sum
Tangreni
Thomas
Tigue
Travaglio
Trello
Trich
Van Home
Venn
Vitali
Walko
Washington
Williams, A. H.
Williams, C.
Wojnamski
Yewcic
Youngblood
Adolph
Allen
Argall
Armsrmng
Baker
Bard
Barley
Barn
Benninghoff
Birmelin
Bayes
Browne
Bunt
Chadwick
Civera
Clymer
Cornell
Demprey
Dent
DiGimlamo
Druce
Egolf
Farso
Fichter
Fleagle
Flick
Forcier
Cannon
Geist
Gladeek
Godshall
G~PPO
Habay
Harhan
Hasay
Hennessey
H e m
Hershey
Hers
Hutchinson
Jadlawiec
Kenney
Leh
Maher
Maitland
Major
Marsico
McGill
McIlhinncy
McNaughton
Micozzie
Miller
Nailor
Nickol
O'Brien
Orie
Perzel
Phillips
RPPY
Plans
Raymond
Reber
Rahrer
Ross
Rubley
Sather
Schradet
Schuler
Semmel
Seyfert
Smith, B.
Smith, S. H.
Snyder, D. W.
Steil
Stern
Stevenson
strimalter
Taylor, E. 2.
Taylor, J.
True
Tulli
Vance
Waugh
Wilt
Wogan
Wright, M. N.
z i m a n
zus
Banisto
BebkuJones
Belardi
Belfanti
Bishop
Blaum
Bascola
Butkovie
Buxton
Caltagirone
Cappabianca
Cam
Carone
casorio
Cawley
Clark
Cohen, M.
Colafella
Colaiaa
corpora
Comgan
Cowell
COY
Cuay
Ryan,
Speaker
NOT VOTING-:!
Lawless
On the question recurring,
Will the House agree to the amendment?
The following roll call was recorded:
Adolph
Allen
Argall
Armstrong
Baker
Bard
Barrar
Banisto
Bebko-Jones
Belardi
Belfanti
Benninghoff
Bishop
Blaum
Boscola
Boyes
Bmwne
Bunt
ButkoviQ
Buxton
Caltagimne
Cappabianca
Cam
Carone
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohen, M.
Colafella
Colaim
Cornell
Corpora
camgan
Cowell
COY
curry
Daley
Dally
DeLuca
Dempsey
Dent
Dermody
DeWeese
DiGirolamo
Danatucci
Dmce
Eachus
Egolf
Evans
Fairchild
Fargo
Feere
Fichter
Fleagle
Farcier
Geist
George
Gigliatti
Gladeck
Godshall
Gordna
GruiQa
GNPPO
Habay
Haluska
Hanna
Harhai
Harhan
Hasay
Hennessey
Herman
Hershey
Hess
Honey
Hutchinson
ltkin
Jadlowiee
James
Jamlin
Josephs
Kaiser
Keller
Kenney
Kirkland
h b s
LaGrom
Laughlin
Lawless
Lederer
Leh
Lescovi~
Levdansky
Lloyd
Lucyk
Lynch
Maher
Maitland
Major
Mande~o
Markosek
Manico
Masland
Mayern~k
McCall
McGeehan
McGill
McIlhattan
Mcllhinney
McNaughton
Melio
Michlovic
Micoaie
Miller
Mundy
Myers
Nailor
Nickol
O'Brien
Olasz
Oliver
Orie
Pmel
Pesci
Peharca
Pemne
Phillias
P~WY
Pistella
Plaus
Preston
Ramos
Readshaw
Reber
Rieger
Roberts
Robinson
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
Schroder
Schuler
Scrimenti
Semmel
Serafini
Seyfen
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Stab
Steelman
Steil
Stem
Stetler
Stevenson
Strirrmaner
Sturla
Sum
Tangretti
Taylor, E. Z.
Taylor, J.
Thomas
Tigue
Travaglio
Trello
Trich
True
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
Williams, A. H
Williams, C.
Wilt
Wogan
Wojnaroski
Wrighs M. N
Yewcic
Youngbld
Zimrnennan
zux
Gannan
Raymond
Saylor
Ryan,
Speaker
Saylor
EXCUSEP2
Cohen. L. I.
1897
Reinard
Barley
Birmelin
NOT VOTING1
The majority having voted in the affirmative, the question was
determined in the affirmative and the amendment was declared
germane.
On the question recurring,
Will the House agree to the amendment?
Flick
EXCUSE&:!
Cohen, L. I.
Reinard
LEGISLATIVE JOURNAL -HOUSE
1898
The majority having voted in the affirmative,the question was
determined in the affirmative and the amendment was agreed to.
Conigan
Cowell
ay
Curry
On the question,
Will the House agree to the bill on third consideration as
amended?
IS
Dent
The SPEAKER pro tempore. Representative George, we have
you listed for another amendment. Are you offering another
amendment or is that withdrawn?
Mr. GEORGE. Mr. Speaker, I am going to withdraw that
amendment.
The SPEAKER pro tempore. Thank you, Mr. George.
And it i s the understanding of the Chair that Representative
Van Home has also withdrawn his amendment? The Chair thanks
the gentleman.
~
-
~
D~,,~,,,CC~
h c e
NOVEMBER 17
Kenney
Kirkland
Krebs
LaGmtta
Laughlin
Lawless
Leh
Lederer
Lescovitz
Levdansky
~ Lloyd~
Lucyk
Lynch
Maher
Reber
Rieger
Robem
Robinson
Roebuck
Rohrer
Ross
Rwney
Rubley
Sainato
~ Santoni
&
Sather
Saylor
William, A. H.
Williams, C.
Wilt
Wow
Wojnamski
Wright, M. N.
Yewcic
Youngblood
~im&rman
Zu8
o
Ryan,
Speaker
NAYS4
NOT VOTING1
On the question recurring,
EXCUSED-;!
Will the House agree to the bill on third consideration as
amended?
Bill as amended was agreed to.
Cohen, L. I.
The SPEAKER pro tempore. This bill has been considered on
three different days and agreed to and is now on fmal 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 majority required by the Constitution having voted in the
aftinnative, the question was determined in the affirmative and the
bill passed finally.
Ordered, That the clerk return the same to the Senate with the
information that the House has passed the same with amendment
in which the concurrence of the Senate is requested.
Reinard
The following roll call was recorded:
LEAVE OF ABSENCE
YEAS-200
Adolph
Allen
Egolf
Evans
Fairchild
Fargo
-ng
Feese
Baker
Fichter
Bard
Fleagle
Barley
Flick
Barrar
Forcier
B&o
Bebko-Jones
Cannon
Geist
Belardi
Belfanti
George
Gigliotti
Benninghoff
Gladeck
Biielin
Godshall
Bishop
Gordner
Blaum
Gmim
Boscola
Boyes
G ~ P P ~
Habay
Br0wne
HaIuska
Bunt
Butkoviu
Hanna
Buxton
Harhai
Calragimne
Harhan
Hasay
Cappabiinca
Hennessey
Cam
Herman
Carone
Casorio
Hershev
---.~~Hess
Cawley
Horsey
Chadwick
Hutchinson
Civera
ltkin
Clark
Jadlowiec
Clymer
James
Cohen, M.
Jarolin
Colafella
Josephs
Colaiuo
Cornell
Kaiser
Keller
corpora
Maitland
Major
Manderino
Markosek
Marsico
Masland
Mayemik
McCall
MeGeehan
McGill
Mcllhattan
Mcllhinney
McNaughton
Melio
Michlonc
Micouie
Miller
Mundy
Myers
Nailor
Nickol
O'Brien
Olasz
Oliver
Orie
Perzel
Pesei
Petrarea
Peuone
Phillips
P~PPY
Pistella
Plam
Preston
Rarnos
Raymond
Readshaw
Schmder
Schuler
Scrimenti
Semmel
Sdni
Seyferr
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W
Stabaek
Stairs
Steelman
Steil
Stm
Stetler
Stevenson
Stiltmatter
Sturla
Surra
Tangreni
Taylor, E. 2.
Taylor, J.
Thomas
Tigue
Travaglio
Trello
Trich
Tme
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washington
Waugh
The SPEAKER pro tempore. The Chair returns to leaves of
absence and recognizes -Mr. Snyder, who requests that
Mr. KENNEY be put on leave of absence for the remainder of the
day.
BILL ON THIRD CONSIDERATION
The House proceeded to third consideration of SB 207, PN
1180, entitled:
An Act amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for survival action
and for the definition of "local agency" for purposes of governmental
immunity.
On the question,
Will the House agree to the bill on third consideration?
BILL RECOMMITTED
The SPEAKER pro tempore. The Chair recognizes the
majority leader.
Mr. PERZEL. Mr. Speaker, I move that SB 207 be recommitted
to the Appropriations Committee.
On the question,
Will the House agree to the motion?
Motion was agreed to.
1998
LEGISLATIVE JOURNAL -HOUSE
I
1899
I want to recall some members who are not here: Herb Fineman,
who was the fulf Speaker that I knew, and Jim Manderino and
The clerk of the Senate, being introduced, presented the Lee h i s , who were among the fust Democratic leaders that I
knew. Those three individuals allowed me to become a member of
following bill for concurrence:
the Education Committee and later on to become the Democratic
chair of the Education Committee. Each in their own way shaped
SB 619, PN 2288
my legislative career and probably the rest of my life, and I am
Referred to Committee on PROFESSIONAL LICENSURE, extremely grateful for the opportunity that they gave to me.
November 17,1998.
I also want to thank three other members who are not here:
J
i
m Gallagher and Ed Burns and John Davies. The three of them,
each serving as chair of the Education Committee at one time or
another, mentored me and, through their example, taught me a lot
FAREWELL ADDRESS
about effective Leadership and about a bipartisan approach to the
BY MR. COWELL
work of the Education Committee.
I also want to offer a special salute to a colleague in the back of
The SPEAKER pro tempore. Ladies and gentlemen, I appreciate
the opportunity granted by the Speaker to offer some brief remarks the room, Jess Stairs. To Jess and to every member and every staft'
member of the House Education Committee, it has been a special
during these h a 1 hours of my legislative service.
I would like to recall the words of Ralph Waldo Emerson, who pfilege to wo* with each of YOU. We have sometimes smggled
said, "Any good that I can do or any kindness that I can show for Over the issues, but in the end, I think we have done some good
l ~kids of this Commonwealth, and I credit
any fellow creature, let me do it now; let me not defer or neglect it, things for ~ d c u l a rthe
each
and
every
one
of
you
who have worked so hard, and, Jess, to
for I shall not pass this way again." My passage this way has been
Your
leadership
with
the
Education
Committee.
a somewhat extended passage. It has taken a lot longer than I had
And
finally
I
want
to
offer
my
gratitude
to each member who
anticipated when I fust came here in January of 1975. It has been
has
been
a
colleague
during
these
24
years.
I have learned from
a long and a short 24 years.
each
and
every
one
ofyou.
You
have
taught
me
to understand and
During this time I have tried to treat each person that I have
worked with and met with dignity and respect, and I hope that I appreciate the diversity and the greatness of this Commonwealth
have treated each day here not just a s a privilege and an honor but and the 12 million people who live here.
If I could risk offering just one little bit of advice, perhaps
as an
and an obligation to do some good. others will
have to judge how successfulI have been during these 24 years, but surprisingly I want to quote a Republican President. I think of this
for my part, I am extremely grateful for every moment of this On those m e occasions when I go throughthe Pittsburgh Airport,
and somewheredownthere where you pick up your luggage there
wonderful experience.
I owe special thanks to a number of hdividuals
have is a quote painted on the wall. It quotes President Reagan, whom
Still needs tojudge in tams of his greatness or effectiveness
allowed me to do this and have made this such a special hiSf01~
experience. First, naturally I want to thank the constituents but who is acknowledged by one and all as a great communicator.
of the 34th Legislative District. In 1974 they took a chance on a R e a p is quoted on the wall in the airport as saying there is no
27-year-old kid who had no experience in government, maybe a limit to what we can accomplish if we do not wony about who gets
few ideas, but had promised to work hard and to try to approach the credit We spend a lot of time here wowing about who gets the
issues with integrity and dignity and try to make informed credit, and too often that gets in the way of accomplishment. I
judgments about any issues, even the most difficult that might would simply remind You and applaud you that we do ow VetybeSt
work in this institution, this House and in this legislature, when we
come before us. I hope that I have not disappointed them.
I also want to thank a wonderful staff that has helped me and approach issues in a bipartisan way and when we do not worry
guided me, a staff in my district office and a staff here in aboutwho gets thecredit.
It bas been, as I said, a very special privilege and a very special
Harrisburg. I will not try to mention all of the names of those f o b ,
pleasure
to work with each of you, to get to h o w most of you, and
but from the very beginning, my first secretary, Flo Holler, and the
first professional assistance I received from individuals l i e tO call YOU my friend. I will forever be proud of my association
Jan Bissen, and Frank Christopher and Phil Murphy on though with each of you and with this great institution, and I wish all of
those who currently staff the Education Committee and my ofice. You good luck and hope that God will bless each and every one of
you. Thanks very much.
I am extremely grateful to them.
I also want to thank all the other staff around here, Republican
and Democratic members alike, many of whom I do not know your
THE SPEAKER (MATTHEW J. RYAN)
names. I have been saying hello to some of you for 15 or 20 years.
PRESIDING
I know the good work you do. I know the support that you
give
to
.
each and every one of us. I know that wewould not exist and
GUESTS INTRODUCED
certainly would not be nearly so successi%l if it were not for you,
and to all of you who in every instance are professionals,hue
The SPEAKER. The Chair is pleased to welcome to the hall of
professionals, and m e public servants, I tip my hat to you and the House today, as the guests of Representative Matt Baker, a
thank you.
group from the Wellsboro District United Methodist Witness.
Would these folks please wave or stand to be acknowledged.
SENATE BILL FOR CONCURRENCE
I
LEGISLATIVE JOURNAL -HOUSE
1900
Amend Sec. 1 (Sec. 106), page 12, line 8, by sttiking out ''W
Commissioner" and inserting
Minorirv Chairman of the Health and Human Services
Committee of the House of Representatives
Amend Sec. 1 (Sec. 106), page 12, line 13, by shiking out '-'and
ANNOUNCEMENT BY MR. ARMSTRONG
Mr. ARMSTRONG. Mr. Speaker?
The SPEAKER. The gentleman, Mr. Armstrong.
Mr. ARMSTRONG. Unanimous consent.
i
. . ~ ~ ~ i ~ U L 1 Y LU.6
The SPEAKER. The gentleman has unanimous consent for
5 minutes or less to address the House.
Mr. ARMSTRONG. Okay; to make an announcement.
Thank you, Mr. Speaker.
Tomorrow morning there will be an Internet caucus breakfast at
the pennsylvania chamber, ~
~ has receivednotice.
~
~ lfthere ~
is anyone that has failed to contact my office on their attendance,
please call my oftice and talk to Joy about your attendance. It will
be starting at 7:30 and finishing at about
We
be
having some guests ffom IBM, Bell Atlantic, the Intemet Alliance,
Tech Council of Central Pennsylvania, the Govemor's Policy
Office, and Microsoft to name a few. If you can come, we welcome
you to come if you have not already signed up. Thank you very
much.
The SPEAKER. The Chair thanks the gentleman.
BILLS ON THIRD CONSIDERATION
On the question,
Will the House agree to the bill on third consideration?
Amend Sec. 1 (Sec. 106), page 11, line 23, by inserting after
'hembers"
Amend Sec. 1 (Sec. 106), page 12, line 1, by inserting brackets before
and after "Secretary of Education" and inserting immediately thereafter
Maioritv Chairman of the Health and Welfare
Connnittee of the Senate
Amend Sec. 1 (Sec. 106), page 12, line 2, by inserting brackets before
and after "Secretary of Public Welfare" and inserting immediately
thereafter
Minoritv Chairman of the Health and Welfare
Committee of the Senate
Amend Sec. 1 (Sec. 106). page 12, line 3, by inserting brackets before
and after "Secretary of Health" and inserting immediately thereafter
Maioritv Chairman of the Health and Human Services
Committee of the House of Re~resentatives
(g
chairman
Amend Sec. 1 (Sec. 106), page 12, line 20, by inserting a bracket
before "appointed"
Amend Sec. 1 (Sec. 106), page 12, line 22, by inserting a bracket after
"officials" and inserting immediately thereafter
elected bv the council from amone its membership
Amend Sec. 1 (Sec. 106). page 12, line 23, by inserting brackets before
and after "chair" and inserting immediately thereafter
On the question,
Will the House agree to the amendment?
An Act amendine the act of December 19.1990 (P.L.1372. No.212).
,
providing
known as the Early ~krventionServices system ~ c tfurther
for intervention services for infants, toddlers and eligible young children
with disabilities; expanding the membership of the Interagency
Coordinating Counci1; funher providing for the expenditure of certain
appropriations; and making editorial changes.
Amend Sec. 1 (Sec. 106), page 10, line 25, by inserting after
"Coordinating"
and Oversight
Amend Sec. 1 (Sec. 106),page 11, line 3, by inserting brackets before
and after "cabinetofficers" idinserting immediatelythereafter
leeislative members
Amend Sec. 1 (Sec. 106), page 11, line 7, by striking out ''Six'' and
inserting
four
Amend Sec. 1
106), page 12, line 17, by inserting brackets before
and after "cabinet officers" and inserting immediately thereafter
leeislative members
Amend Set. 1 (Set. 1061, Page 12, lines 18 and 1%by inserting a
V k e tbbefore "must"
in line
~
d 18 and~after "directors" in line 19 and
lnSerting
shall serve at the will of the legislative members
desienatine them
Amend Sec. 1 (Sec. 106),page 12, line 20, by inserting brackets before
d, after qCchaip
and inserting immediatelythereafter
chairman
The House proceeded to third consideration of HB 1040,PN
3866,entitled:
Mr. COY offered the following amendment No. A4392
NOVEMBER 17
I
The
On the question of the adoption of the
amendment, the Chair recognizes the gentleman, Mr. COY.
Mr. COY. Thank you, Mr. Speaker.
Mr. Speaker, this amendment is designed to give even more
parents a voice on the State Interagency Coordinating Council. It
provides for more legislative and fiscal oversight of the
administration of early intervention programs. Further, it will give
council members theauthority to elkct their own chair.
Programs for handicapped children, as Representative O'Brien
and I have said count~esiiimes, are too imp&tant to be subject to
the political whim of any Governor or any bureaucrat. This
amendment further empowers parents and further protects kids.
I ask for your support.
The SPEAKER. The Chair thanks the gentleman.
On the question of the Coy amendment, the gentleman,
Mr. Cowell.
Mr. COWELL. Thank you, Mr. Speaker.
Mr. Speaker, I rise to oppose the Coy amendment. The language
that is in HB 1040 is language that has been developed with the
State Interagency Coordinating Council during the past several
years, and it is intended to help us comply with the requirements of
Federal law. It reflects the early intervention system as we have
built it through Act 212 of 1990, and that is a system that attempts
to bring to the table all of the key players, including the
Departments of Education, Public Welfare, and Health, along with
parents, along
- with representatives of the legislature.
This amendment, under the guise of empowering parentsThe SPEAKER. The gentleman will yield.
Conferences on the floor and the side aisles, please break up.
.. -ow ell...
IVU.
Mr. COWELL. Thank You, Mr. Speaker.
This amendment, under the guise of empowering parents by
I adding a couple of extra parents to the Interagency Council, in fact
1998
LEGISLATIVE JOURNAL -HOUSE
wouldundermine some of the principles upon which our State law
and the ICC (Interagency Coordinating Council) have operated
during the past several years since the adoption of Act 212 of 1990.
In addition to adding a couple of parents, it would remove the
Secretary of Education. Mr. Speaker, I cannot emphasize how
damaging that is. This is a system that assigns to the Department of
Public Welfare and local county agencies responsible for kids from
birth through 3, but then children from 3 to the b e g i ~ e age
r of
school are in a system that is administered by the Department of
Education, typically through the intermediate units, and it is a
system that, if it worked successfully, would in a seamless way
ensure that kids move from that 3- to 5-year-old section
administered by the Department of Ed to our schools, a transition
that can best be facilitated by the involvement of the Department
of Education. That principle and that effort and that success story
for kids will be dramatically undermined if we remove from the
table, remove from the ICC, the Secretasy of Education. Now, I
cannot understand why anybody would want to remove the
Secretary of Education from the ICC. That makes no sense
whatsoever if we are serious about promoting interagency
collaboration.
Additionally, I would remind you that the early intervention law
as we have it in this State was developed by the House Education
Committee during the eighties and has been overseen, if you will,
monitored, by the Education Committee as well as our Health and
Welfare Committees during the nineties. Again, it makes no sense
in the name of adding more legislators to it that we would prescribe
that the legislative positions all go to the four chairs of the Health
and Welfare Committees in the House and Senate with no
involvement by-the Education Committees whatsoever.
Mr. Speaker, I do not know who is angry at whom in this
system, but we ought not to make the system for kids suffer as we
try to teach somebody a lesson or send messages. Let us let the
system operate as it is. Governor Ridge made some controversial
appointments a year or so ago, and folks have gotten beyond that.
This bill in its current form provides for a second legislative
member to be added. It provides for more parents to be added. It
preserves the role of the Secretaries of Health, Public Welfare,
Education, and brings on board the Secretary of Insurance as was
urged by the ICC and Federal law.
Mr. Speaker, I would respectfully suggest that this amendment,
if adopted, will do more h a m than good. I urge that we not go in
that direction. I urge we defeat the amendment and move forward
with HB 1040 in the form it was presented to us today. Thank you,
Mr. Speaker.
The SPEAKER. The Chair thanks the gentleman.
The Chair recognizes the gentleman from Westmoreland
county, Mr. stairs.
Mr. STAIRS. Thank you, Mr. Speaker.
I stand to join my colleague, Representative Cowell, in opposing
this amendment.
Very briefly, and of course, Representative Cowell spoke on this
to some length, but very briefly, I oppose it because of the
omission of the Education Committee on this ICC Board. The
Education Committee over the years has played a very important
role in early intervention, and particularly Representative Cowell,
his legacy in the legislature has had many fine educational issues,
but particularly, early intervention is something that we are always
going to remember him by, and to omit the Education Committee
I think is a very, very serious oversight.
1901
Also, there are technical problems in the amendment. It is
technically incorrect, misnaming the Welfare Committee in the
Senate.
So I would hope all you colleagues on both sides of the aisle
would join in opposition to this amendment and then stand to
support the bill in a few moments. Thank you, Mr. Speaker.
The SPEAKER. The Chair thanks the gentleman.
The gentleman, Mr. Coy, for the second time. The gentleman
will yield.
Conferences in the aisles, please break up. Staff engaged in
conversations, please hold them or leave the chamber.
Mr. Coy.
Mr. COY. Thank you, Mr. Speaker.
Just for the record let me indicate that I do this not out of any
malice or anything like thzt that might have been intimated by a
previous speaker. And for the record, this amendment preserves the
Governor's authority to appoint four members. The Governor is
free to appoint the Secretary of Education as one of those members
or any other Cabinet member or any other person that he thinks
would serve on this agency in an effective manner. What I am
trying to do with this amendment is allow the participation of more
parents, more people who have a daily stake in raising handicapped
kids, in dealing with children with handicaps, so that on a regular
basis, these people can work in a govemmental advisory agency
and reflect what the personal circumstances are that affect their
lives.
So I think by adding legislative members as this amendment
does, it also helps keep the legislature in touch with this very
important issue. This is not about being angry at anybody or trying
to get back at anybody. This is simply trying to empower more
parents, more parents of kids who have a right, I think, to be heard,
on a very important panel that makes important recommendations
about handicapped kids and their needs.
I ask for your support. Thank you, Mr. Speaker.
The SPEAKER. The Chair thanks the gentleman.
On the question recurring,
Will the House agree to the amendment?
The following roll call was recorded:
YEAS-29
Hanna
Honey
Itkin
Jamlin
Lawless
Lescovie
Markosek
Bishop
Blaum
Corrigan
COY
~~$~,,,
Evans
Gruitla
McGeehan
Nickol
Pesci
Preston
Ramos
Robens
Rahnr
Rooney
Staback
SNrla
Surra
Travaglio
Veon
Yewcic
NAYS167
Adolph
DonaNcci
AII,
Druce
Amall
~!~~g
~
~
~
Barley
~~~o
~
~
Belardi
b
,
Egolf
Fairchild
Fargo
jFeese
Fiehter
Fleagle
Flick
k Forcier
~
.
Cannon
~
Maitland
Major
Manderino
Marsieo
Masland
Mayemik
McCall
McGill
Mcllhanan
Mcllhinney
~
~
~
McNaughton
Schuler
Scrimenti
Smel
Serafini
Seyfm
Shaner
Smith, B.
Smith, S. H.
Snyder. D. W.
Stain
~
Steelman
NOVEMBER 17
LEGISLATIVE JOURNAL -HOUSE
Belfanti
BeMhghoff
Biielm
Boscola
Boyes
Bmwne
Bunt
Butkovitz
B w n
Calragimne
Cappabii
Cam
Carone
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
CohqM
Colafella
colaiio
Comell
Corpora
Cowell
Cuny
W~Y
DeLuea
Dmpsey
Dent
D w ~ ~ Y
DiGiiolamo
Geist
George
Giglioni
Gladeck
Godshall
Gordner
GNPP
Habay
Hal&
Harhai
Harharr
Hasav
Hennesscy
Herman
Hdey
Hess
Hutchion
Jadlowies
James
JOSephs
Kaiser
Kirkhd
Krebs
Laughlin
Ledem
Leh
Lloyd
Lwk
Lynch
Maha
Melio
MicNovic
Micozie
Miller
Mundy
MY^
Nailor
O'Brien
Olau
Oliver
We
Pmel
Pmarca
Petrone
Phillips
MY
Pistella
Plam
Raymond
Readshaw
Reber
Rieger
Robinson
Roebuck
Ross
Rubley
saiito
Santoni
Sather
Saylor
Schrcder
Steil
Stem
Stevenson
Strimnaner
Tangretti
Taylor, E. 2.
Taylor, 1.
Thomas
Tigue
Trello
Trich
True
Tulli
Vance
Van Home
Vitali
Walk0
Washington
Waugh
Williams, A. H
Williams, C.
Wilt
wo%an
Wojnaroski
Wright, M. N.
Youngblood
Zimmennan
Zug
RY~R
Speaker
KeUer
LaGmtta
On the question recurring,
Shall the bill pass fmallv?
The SPEAK&. ~ ~ r e e a btol ethe provisions of the Constitution,
the yeas and nays will now be taken.
The following roll call was recorded:
NOT VOTING4
Eachus
When the Deputy Secremy of Welfare appeared in front of the
Legislative Budget and Finance Committee, the response to the
questions that were posed ranged from a change of administration
to the intercession of the majority chairperson of the Health and
Human Services Committee as being reasons for their inability to
come up with the promulgated regulations.
I think the intention of the legislame has been demonstrated on
more than one occasion, and certainly the efforts of the majority
chairman of the Health and Human Services Committee to see to
it that those needs are appropriately addressed are part of his
responsibility, and he is following up on that. But I think each of
us should send a message to the Department of Welfare that they
need to do their job, and there is really no excuse for not having
any regulations from their department on this program for 8 years.
I do encourage you to vote "yes" on final passage of HB 1040,
but also to send a message to the Department of Welfare that it is
time they did their job as we have instructed them to do it.
Thank you.
The SPEAKER. The Chair thanks the gentleman.
Stetler
Less than the majority having voted in the affirmative, the
question was determined in the negative and the amendment was
not agreed to.
On the question reaming,
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 fmally ?
On that question, the Chair recognizes the gentleman,
Mr. Pistella.
Mr. PISTELLA. Thank you, Mr. Speaker.
Mr. Speaker, I rise to draw attention of the members of the
House to a recent report that was issued by the Legislative Budget
and Finance Committee. The report has indicated that the
Department of Welfare has not issued regulations for early
childhood intervention in 8 years. I would ask the members to vote
in favor of final passage of HB 1040, but I want the members also
to be aware of the fact that we have in the past taken the necessq
legislative steps to help this constituency. But I think that there bas
been a failure on the part of the Department of Welfare to follow
up not just with the spirit of the law but the letter of the law in
seeing to it that this program is helping the children it is designed
to assist.
YEAS200
Adolph
Allen
Argall
Armmong
Baker
Bard
Barley
Barrar
Banisto
Bebko-Jones
Belardi
Belfanti
Benninghaff
Bimelin
Bishop
Blaum
Boscola
Boyes
Browne
Bunt
ButkoviQ
Buxton
Caltagiione
Cappabianca
Cam
Carone
Casorio
Cawley
Chadwick
Civera
Clark
Clymer
Cohe", M.
Colafella
Colaiuo
Comell
Corpora
Corrigan
Cowell
COY
curry
Eachus
Egolf
Evans
Fairchild
Fargo
Feese
Fichter
Fleagle
Flick
Foxier
Gannan
Geist
Georse
Gigliotti
Gladeek
Godshall
Gordner
Gmim
G ~ P O
Habay
Haluska
Hanna
Harhai
Harhan
Hay
Hennessey
Herman
Hershey
Hess
Honey
Hutchinson
Irkin
Jadlowiec
James
Jarolin
Josephs
Kaiser
Keller
Kirkland
Krebs
LaGrom
Maitland
Major
Mandetino
Markosek
Marsico
Masland
Mayemik
McCall
McGeehan
McGill
McIlhamn
Mcllhinney
McNaughton
Melio
Michlovic
Micozie
Miller
Mundy
Myers
Nailor
Nickol
O'Brien
Olasz
Oliver
Orie
Penel
Pesci
Petrarca
Penone
Phillips
P~PPY
Pistella
Plam
Preston
Ramos
Raymond
Readshaw
Reber
Rieger
Roberts
Robinson
Schroder
Schuler
Scrimenti
Semmel
Serafini
Seyfert
Shaner
Smith, B.
Smith, S. H.
Snyder, D. W.
Staback
Srahs
Steelman
Steil
Stem
Stetler
Stevenson
Smimnaner
Srurla
Surra
Tangretti
Taylor, E. Z.
Taylor, J.
Thomas
Tipe
Travaglio
Trello
Trich
True
Tulli
Vance
Van Home
Veon
Vitali
Walko
Washinson
Waugh
Williams, A. H.
Williams, C.
Wilt
Wogan
LEGISLATDT JOURNAL -HOUSE
1998
Daley
Dally
DeLuca
D~~PSY
Dent
Dermody
DeWeese
DiGirolamo
Danahlcci
Druce
Laughlin
Lawless
Lederer
Leh
Lescovie
Levdansky
Lloyd
Lucyk
Lynch
Maher
Roebuck
Rohrer
Rooney
Ross
Rubley
Sainato
Santoni
Sather
Saylor
Wojnaroski
Wrighs M. N.
Yewcic
Youngblood
Zimmeman
zug
Ryan,
Sptaker
1903
The House proceeded to third consideration of SB 489, PN
2253, entitled:
An Act amending the act of December 31,1965 (P.L.1257, No.51 l),
entitled The Local Tax Enabling Act, fiutherproviding for tax exemption;
and further defining "net profits."
On the question,
Will the House agree to the bill on third consideration?
NAYS-O
NOT VOTING0
MOTION TO PASS OVER
The SPEAKER. The Chair recognizes the gentleman,
Mr. Wright.
Mr. WRIGHT. Thank you, Mr. Speaker.
Cohen, L. I.
Kenney
Reinard
This bill has acquired lots of tax reform amendments. Last
spring we spent an inordinate amount of time going over the
Tax Reform Act, and now members have been offering
The majority required by the Constitution having voted in the amendments one by one to rip apart the proposal piece by piece by
a u t i v e , the question was determined in the affirmative and the piece. So at this time I would like some fuaher
and thought
bill passed finally.
about these amendments, and I would l i e to move to pass the bill
Ordered, That the clerk present the same to the Senate for over.
concurrence.
The SPEAKER. The Chair thanks the gentleman.
Would the gentleman give us, pass over temporarily or for the
***
day orMr. WRIGHT. At least for the day; for the day.
The House proceeded to third consideration of SB 179, PN
The SPEAKER Well, we will not take it for least as.,; you
2284, entitled:
tell us what you want.
Mr. WRIGHT. For the day; the day.
An Act amending act of April 9, 1929 (P.L.177, No.175), known as
The SPEAKER. Just over for the day. The Chair thanks the
The Administrative Code of 1929, further providing for the Environmental
Quality Board; authorizing the Department of Labor and Indushy to gentleman.
contract for collection services; providing for investment of funds of the
Workers' Compensation Security Fund by the Insurance Commissioner
onthe question,
and State Treasurer; establishing an official botanical garden of
Will the
agree to the
Pennsylvania; imposing powers and duties on the Department of General
Services; establishing Neighborhood Improvement Districts in
The SPEAKER. On the question of passing over the bill, the
municipalities; conferring powers and duties on municipalities and
neighborhood improvement districts; providing for annual audits; chair recognizes the gentleman, Mr. Godshall.
establishing a Uniform Construction Code; imposing powers and duties
Mr. GODSHALL. Mr. Speaker, this bill has been before the
on municipalities and the Department of Labor and Industry; providing for
caucuses.
Most of the amendments have been pulled off, is my
enforcement; imposing penalties; and making repeals.
understanding. I would oppose going over, and I would ask forit
to be called up for a vote.
On the question,
The SPEAKER. On the question, Mr. Dempsey.
Will the House agree to the bill on third consideration?
Mr. DEMPSEY. Thank you, Mr. Speaker.
I would echo the concerns of Representative Godshall and ask
BILL RECOMMITTED
that we move the bill today. Thank you.
The SPEAKER. The Chair thanks the gentleman.
The SPEAKER. The Chair recognizes the majority leader.
The gentleman, Mr. DeWeese.
Mr. PERZEL. Mr. Speaker, I move that SB 179 on page 4 of
Mr. DeWEESE. Thank you, Mr. Speaker.
today's calendar be recommitted to the Committee on
Many ofus have worked diligently with the Representative from
Appropriations.
Montgomery, Mr. Godshall. I would enthusiastically endorse his
recommendation that we deal with this matter at this time.
On the question,
Thank
you.
Will the House agree to the motion?
Motion was agreed to.
On the question retuning,
Will the House agree to the motion?
EXCUSEF3
DECISION OF CHAIR RESCINDED
The following roll call was recorded:
The SPEAKER. Without objection, the Chair at this time wishes
to rescind its announcement that SB 489 is over for the day.
LEGISLATIVE JOURNAL -HOUSE
NOVEMBER 17
Mr. GODSHALL offered the following amendment N
;
Barrar
Belardi
Belfanti
Bishop
Blsum
Boxola
Boyes
Bmwne
ButkoviQ
Bumn
Caltagimne
Cam
Carone
Cawley
Civeta
Clark
Clymer
C o b M.
Colafclla
Colaizzo
COY
Daley
Dally
Dent
DiGirolamo
Dmce
Eachus
Egolf
Evans
Fairchild
Forcier
Gannon
Geis
George
Gordner
Gruitza
Habay
Hanna
Harhai
Harhan
Hennessey
Horsey
James
larolin
Joscphs
Keller
Kirkland
LaGmna
Laughlin
Lederer
Lescovitz
Levdansky
Lloyd
Maher
Maitland
Masland
McCall
McGeehan
Mcllhinney
McNaughton
Miller
Mundy
MY^
Nailor
Nickol
Chie
Petrone
P~PPY
Pistella
Raymond
Readshaw
Reber
A4196:
Robens
Robinson
Roebuck
R00ney
Santoni
Sather
Scrimenti
Semmel
seyferr
Stetler
Stevenson
Sum
Travaglio
Trich
Tulli
Veon
Vitali
Washington
Waugh
Williams, A. H
WIighG M. N.
Yewcic
Youngblood
Amend Title, page 1, line 24, by inserting after "EXEMPTION"
and for limitations on rates of specific taxes; providing
for special limitation on rates of taxes for certain
amusements
Amend Bill, page 3, by inserting between l i e s 12 and 13
Section 2. Section 8 introductory paragraph, (6), (9), (10) and (I 1) of
the kt, amended or added October 11, 1984 p.L.885, No.172) and
July 9, 1987 (P.L.203, No.30), are amended to read:
Section 8. Limitations on Rates of Specific Taxes.-No taxes levied
under the provisions of this act or 53 Pa.C.S. 6 8402(c) (relating to scooe
and limitations) shall be levied by any political subdivision on the
following subjects exceeding the rates specified in this section:
***
(6) On admissions to places of amusement, athletic events and the like,
and on motion picture theatres in cities of the second class, [ten percent]
the rates snecified in section 8.1.
***
(9) On admissions to ski facilities, [ten percent] the rates specified in
section 8.1. The tax base upon which the tax shall be levied shall not
exceed forty percent of the cost of the lift ticket. The lift ticket shall
include all costs of admissions to the ski facility.
(10) On admissions to golf courses, [ten percent] the rates s~ecified
in section 8.1. The tax base udon which the tax shall he levied shall not
exceed forty percent of the greens fee. The greens fee shall include all
costs of admissions to the golf course.
(11) On admissions to bowling alleys or bowling lanes, [ten percent]
the rates specified in section 8.1. The tax base upon which the tax shall be
levied shall not exceed forty percent of the charge imposed upon a patron
for the sale of admission to or the privilege of admission to a bowling
alley or bowling lane to engage in one or more games of bowling.
NAYS-104
Adolph
Allen
&gall
Armstrong
Baker
Bard
Barley
Battiao
Bebko-Jones
Bcnningtoff
Bhelin
Bunt
Cappabianca
Casorio
Chadwick
Comell
Corpora
Corrigan
Cowell
cuny
DeLuca
Dempsey
Dermdy
DeWeese
DonaNcci
Fargo
Feese
Fichter
Fleagle
Flick
Giglioni
Gladeck
Godshall
GNPPO
Hal&
Hasay
Herman Hershey
Hess
Hutchinson
ltkin
Jadlowiec
Kaiser
Krebs
Lawless
Leh
Lucyk
Lynch
Major
Markosek
Marsico
Mayernik
McGill
MeIlhatran
Melio
Michlovic
Micozzie
O'Brien
Olasz
Oliver
Penel
Pesci
Pema
Phillips
Plam
Reston
Ramos
Rieger
Rohrer
Ross
Rubley
Sainato
Saylor
Schrder
Schuler
Serafini
Shaner
Smith, B.
Smith S. H.
Snyder, D. W.
Staback
Stain
Steelman
Steil
Stem
Shirrmaner
Slurla
Tangetti
Taylor, E. Z.
Taylor, 1.
Thomas
Tise
Trello
True
Vance
Van Home
Walko
Williams, C.
***
Wilt
Wagan
Wojnamski
Zimmerman
zug
NOT V O T I N G 1
Manderina
Cohm, L. I.
Kenney
Reinard
Less than the majority having voted in the affirmative, the
question was determined in the negative and the motion was not
agreed to.
On the auestion r e c u ~ ~-.
inz.
Will the House agree to the bill on third consideration?
I
I
Section 3. The act is amended by adding a section to read:
Seclion 8 1 . Special Limitations on Rates of Taxes for Certain
Amusements.Aa\ A school dismct or munic~~alitv
that Icvies, assesses
and collects an amusement or admissions &. aiainst an amuscmeni
faciliw oursuant to 53 Pa.C.S. $ 8402(c) trclatina to scope and
limitations) for the activities set fonh in section X(6). 19). t 10) and ( I 1 I on
or before the effective dare of this section may lew, assess and collect that
tax at a rate not to exceed for each amusemenr fac~litvthe lesser of
two percent or one hundred twenty-five thousand dollars 6125.000). for
each taxing authoritv, subiect to the reduction ~ e r i o dprovided for in
subsection (b).
/h) A school district or municivalitv that is subiect to subsection (a)
and that collecrs a rate of tax in excess of the amount provided for in
subsection (a) on the effectiie dare of this scction shall reduce the rate to
the rate ~rovidedfor in subsection (a) over a period not to exceed
three years. If the reduction in the tax mtc occurs over more than a
one-vcar period. then [he amount of the reducr~onshall occur in equal
annual increments.
&) A munici~alitvthat:
(1) does not lew. assess and collect an amusement or admissions tax
from an amusement facilitv ~ursuantto 53 Pa.C.S. 6 8402(c) for the
activities set forth in section 8(6). (9). (10) and (11) on or before the
effective date of this section: and
12) cnacrs an ordinance to lew. assess and collect such tax aficr the
effectwe date of this secrlon in accordance uith law: mav le\v. access and
collect that tax at a rate not to G e d for each amusement facility.%
lesser of two Dercent or one hundred twenty-five thousand dollars
(%l25.000).
(d) Nothing in this section shall be construed to authorize a school
dismct to collect an aemeeatc sum of amuxmcnr or admissions taxes i n
cxcess oithe amount collecred by the schoul district--for the fiscal vear
ending in !997.
le) T h ~ section
s
shall not a ~ o l v
to a citv of the second class.
LEGISLATIVE JOURNAL -HOUSE
1998
Amend Sec. 2, page 3, line 13, by striking out "2" and inserting
4
Amend Sec. 3, pagc 4, line 9, by smkrng our "3" and inserting
5
Amend Sec. 4, page 4, line 11, by shiking out "4" and inserting
6
I
On the question,
Will the House agree to the amendment?
AMENDMENT WITHDRAWN TEMPORARILY
Mr. GODSHALL. Mr. Speaker, could I run amendment 4222
fist, please?
1
The SPEAKER The clerk will read the amendment.
On the question retuning,
Will the House agree to the bill on third consideration?
1905
@) There shall be deposited annnallv in a special fund. established
purmant to section 23(e) of the "Pennsvlvania Convention Center
Authoriw Act" for the use of the reeional amactions marketine aeencv all
revenues
received from the tax imwsed under subsection (a). Nor less
than seventv-five mcent of all e x ~ e n d i m from
s
the fund established
under section 23(e) of the "Pennsvlvania Convention Center Authority
Aa" shall be used bv the regional amactionsmarketine aeencv for mrect
advatisins efforts directed towards advertising and ~nblicizinetourist
attractions in the area served bv the agencv. ~romotineand attracting
tourism to facilities in the area served bv the aeencv: and oromotine and
otherwise encouraging the use of the facilities in the area served bv the
aeencv bv the ~uhlicas a whole. Not more than twentv-fivepercent of all
exocn&tures from the fund shall be uad by the reeional amactions
markebng
.' agencv for suwlemental markehne,effons. includma marketing
for sDecial events.
{c) A s used in this section. the term 'kgional amactions marketing
agencvCY'means
the agencv designated by the council of the citv in which
the convention center is located to serve as the regional marketing
oreanizatimfortourism and related matters. In cities of the firstclass. the
Greater Philadel~hiaTourism Marketing Comoration shall serve as the
-anal amactions marketine ae&cv unless and until the designation is
bv the citlcouncil.
Amend Sec. 2, page 3, line 13, by saiking out "2" and inserting
~
~
~
zoked
Mr. GODSHALL offered the following amendment No.
A4222:
I
Amend Title, page 1, line 24, by inserting after "EXEMPTION;"
authorizing the imposition of a tourism and marketing
tax by cities of the first class;
Amend Bill, page 1,line 28; page 2, lines 1 through 3, by sniking out
all of said lines on said pages and inserting
Section 1. The title of the act of December 31, 1965 (P.L.1257,
No.51 I), known as The Local Tax Enabling AcS is amended to read:
AN ACT
Empowering cities of the firstclass cities of the second class, cities of the
second class 4 cities of the third class, boroughs, towns, townships of
the first class, townships of the second class, school districts of the
second class, school districts of the third class and school districts of
the fourth class including independent school districts, to levy, assess,
collect or to provide for the levying, assessment and collection of
certain taxes subject to maximum limitations for general revenue
purposes; authorizing the establishment of bureaus and the
appointment and compensation of officers, agencies and employes to
assess and collect such taxes; providing for joint collection of c&
taxes, prescribing certain d e f ~ t i o u sand other provisions for taxes
levied and assessed upon earned income, providing for annual audits
and for collection of delinquent taxes, and permitting and requiring
penalties to be imposed and enforced, including penalties for
disclosure of confidential information, providing an appeal from the
ordinance or resolution levying such taxes to the court of quarter
sessions and to the Supreme Court and Superior Court.
Section 2. The introductoryparagraph of section 2 of the act, amended
October 11, 1984 (P.L.885, No.172), is amended to read:
Amend Bill page 3, by inserting between lines 12 and 13
Section 3. The act is amended by adding a section to read.
Section 2.2. Tourism and Marketing Tax.4a) In addition to the hotel
room rental tax im~osedunder section 23 of the act of June 27, 1986
(P.L.267, No.70). known as the "Pennsvlvania Convention Center
Authoritv Act,'' and under section 202 of the act of March 4, 1971 (P.L.4
No.2). known as the "Tax Reform Code of 1971." the council of the city
in which the convention center is located is berebv authorized to im~ose
an excise tax on the consideration received bv each ooerator of a hotel
u.ithin the ciiv irom each transaction o i rcnrina a room or rooms ro
3ccornmodare tranaenrs. The tax shall be collecred b\. the ooeraror from
the patron ofthe room andoaid over to the citv pnrsnant to subsection (bl
and shall he known as the rourism and markctine t a x . The rare of lax
~mposedunder rnis recrion by the council of the cin in which the
convention center is located shall not exceed one percent.
I
4
Amend Sec. 3, page 4, lines 9 and 10, by striking out all of said lines
and inseSection 5. This act shall apply as follows:
(1)
The amendment of sections 2 and 13 of the act shall amlv
~,
*. . to
tax years beginning on or after January 1, 1998.
- (2) The amenendment
or addition i f the title and section 2.2 of the
act shall amlv to tax vears beeinnine on or after Januaw
. 1.1999.
.
Amend Sec. 4, page 4, line 11, by striking out "4" and inserting
6
.
A
-
- -
On the question,
Will the House agree to the amendment?
The SPEAKER The gentleman, Mr. Godshall.
Mr. WDSHALL. Thank you, Mr. Speaker.
Amendment 4222 is really the Greater Philadelphia Tourism
Marketing Corporation. It is a hotel tax specifically for the city of
Philadelphia. It goes to fund the Greater Philadelphia Tourism
Marketing Corporation, which is made up of Philadelphia and four
suhurhan counties. There is a 1-percent increase in the Philadelphia
hotel tax.
It is supported by the Greater Philadelphia Hotel Association;
the Greater Philadelphia Tourism Marketing Corporation, which
does the advertising; Greater Philadelphia Fist, which is the
business community; and the mayor of Philadelphia. I would ask
for approval of this amendment. Thank you.
It is amendment No. 4222.
The SPEAKER. The board has been corrected.
On the question of the adoption of the amendment, has this
amendment been distributed? I see people signaling me.
Mr. GODSHALL. This amendment was distributed a couple
minutes ago.
The SPEAKER. All right. Thank you.
On the questlon of the amendment, the gentleman, Mr. Cohen.
Mr. COHEN. Thank you, Mr. Speaker.
Mr. Speaker, because we have just received a copy of the
amendment and because there is not an awful lot of attention that
has been paid to it in the caucus, I wonder if you could submit to
interrogation and answer a few questions.
LEGISLATIVE JOURNAL -HOUSE
The SPEAKER. The gentleman indicates he will stand for
interrogation. You may begin.
Mr. COHEN. Thank you.
Mr. Speaker, does this amendment raise the hotel tax for
Philadelphia or does it allow city council to raiseMr. GODSHALL. I am sorry. This amendment is enabling
legislation which allows council to raise the tax by 1 percent. I
stand corrected, and I apologize to the membership.
Mr. COHEN. And under this amendmenf the city council could
choose not to raise it? They could choose to raise it a half a
percent?
Mr. GODSHALL. Up to 1percent.
Mr. COHEN. Up to 1 percent, they have discretion
And does this amendment affect hotels outside of
Philadelphia?
Mr. GODSHALL. To the best of my knowledge, the answer to
that is no.
Mr. COHEN. And where does the money go?
Mr. GODSHALL. The money goes to the Greater Philadelphia
Tourism Marketing Corporation - 75 percent for advertising and
25 percent for supplemental marketing efforts, for special events
and the l i e .
Mr. COHEN. Mr. Speaker, I have no further questions. I would
like to speak on the subject.
The SPEAKER. The gentleman, Mr. Cohen, is recognized.
Mr. COHEN. Mr. Speaker, I think this is a meritorious
amendment. Tourism in the city of Philadelphia affects tourism
across a large percent of the State of Pennsylvania. The State of
Pennsylvania has a vital interest, no less than the city of
Philadelphia does, in expandingtourism in Philadelphia The sales
tax that is generated h m tourism benefits everybody in the entire
State.
I strongly urge everybody to vote 'yes" on this amendment.
The SPEAKER. The Chair thanks the gentleman.
On the question, the Chair recognizes the gentleman from
Philadelphia County, Mr. Thomas.
Mr. THOMAS. Thank you, Mr. Speaker.
Mr. Speaker, I am rising in support of the Godshall amendment,
but I want the record to be clear. This is a tax that is going to
generate revenues for Philadelphia County. The mayor has asked
for tbis; the Greater Philadelphia First Corporation has asked for
this; the Hotel Association has asked for this; the Restaurant
Association has asked for this. I ask for reciprocity in the
distribution of these revenues. I ask for participation of all
Philadelphians in the benefits of these revenues. It has been stated
that these revenues will be used for marketing, for advertisement,
and for other tourism-related activities.
And so, Mr. Speaker, I rise for inclusion, I rise for substantial
participation, and I rise against these revenues going into one part
of the city of Philadelphia without other parts of the city of
Philadelphia benefiting from these revenues, and I just want the
record to be clear that I support the amendment. Thank you.
The SPEAKER. The Chair recognizes the lady, Mrs. Lederer,
on the question of the amendment.
Mrs. LEDERER. Mr. Speaker, on the amendment, I urge all my
colleagues to vote "yes" on this amendment. It is imperative that
we let the world know what Philadelphia has to offer. Too often I
have been told by foreigners that Philadelphia is a secret. We have
to devise some very strenuous marketing plan to bring people into
/
NOVEMBER 17
our city and our State, to bring them into our convention center,
which benefits all of us.
I urge a "yes" vote.
The SPEAKER. The Chair thanks the lady.
On the question recun-ing,
Will the House agree to the amendment?
The following roll call was recorded:
Adolph
Allen
Areall
G n g
Bard
Barley
Banisto
Bebkc-Jones
Belardi
Belfanti
Bishop
Blam
&Yes
Bunt
Butk0"itr
Bunon
Caltagirone
Cappabianca
Cam
Camne
Cawley
Civera
'Jymer
Coherl M.
Colafella
Colaiao
Comell
corpora
Conigan
Cowell
COY
Curry
Daley
DeLuea
W P W
Dermdy
DewDiGirolamo
Donatucci
h c e
Evans
Feese
Fichter
Flick
Cannon
George
Giglioni
Gladeck
Gxkhall
Gordner
Gruitza
~ P P O
Haluska
Hanna
Harhai
Hennessey
Hershey
Horsey
Itkin
James
Jmlin
Joseph
Kaiser
Keller
Kirkland
Krebs
LaGmtta
Laughlin
Lawless
Lederer
Leh
Lescovitz
Levdansky
Lloyd
Lucyk
Manderino
Markosek
Manico
Mayemik
McCall
McGeehan
McGill
Mcllhattan
McNaughton
Melio
MicNovic
Micovie
Miller
Mundy
Mven
Nailor
Nick01
O'Brien
Olasz
Oliver
Peael
Pesci
Petmne
RPPY
Pistella
Preston
Ramos
Readshaw
Rieger
Roberts
Robinson
Roebuck
Rooney
Baker
Barrar
Beminghoff
Binnelin
Boscola
Browne
Cmrio
Chadwick
Clark
Dally
Fargo
Fleagle
Forcier
Geist
Habay
Harhan
Hasay
Herman
Hess
Hutchinson
Jadlowiec
Lynch
Maher
Maitland
Major
Masland
McIlhinney
Dent
Eachus
Egolf
Fairchild
Ross
Shaner
Smith, B.
Smith. S. H.
staback
Stairs
Steelman
Steil
Stetler
Sttimatter
Sturla
Suna
Tangreni
Taylor, 1.
Thomas
Time
u
Travaglio
Trello
Trich
True
Tulli
Van Home
Vean
Vitali
Wako
Washington
Waugh
Williams, A. H.
Williams, C.
Wilt
Wogan
Wojnaroski
Wright, M. N.
Youngblwd
Zimmeman
Sainato
Santoni
Scrimenti
Ryan.
Speaker
Grie
Petrarca
Phillips
Plans
Raymond
Reber
Rohrer
Rubley
Sather
NOT VOTING4
Cohen, L. I.
Saylor
Schroder
Schuler
Semmel
Serafin,
Seyfen
Snyder, D W
Stem
Stevenson
Taylor, E. 2.
Vance
yewctc
zug
LEGISLATIVE JOURNAL -HOUSE
1998
The majority having voted in the affmative, the question was
determined in the a f b t i v e and the amendment was agreed to.
On the question,
Will the House agree
amended ?
$0
the bill on third consideration as
Mr. GODSHALL reoffered the following amendment No.
A4196:
Amend Title, page 1, line 24, by inserting after "EXEMPTION"
and for limitations on rates of specific taxes; providing
for special limitation on rates of taxes for certain
amusements
Amend Bill, page 3, by insating between lines 12 and 13
Section 2. Section 8 ineoductoryparagraph, (6), (9), (10) and (11) of
the act, amended or added October 11, 1984 (P.L.885, No.172) and
July 9, 1987 (P.L.203, No.30), are amended to read:
Section 8. Limitations on Rates of Specific Taxes.-No taxes levied
under the provisions of this act or 53 Pa.C.S. 6 84021~)(relatingto scope
and limitations) shall be levied by any political subdivision on the
foliowine snbiects exceeding the rates suecified in this section:
* * *-
-
-
(6) On admissions to places of amusement,athletic events and the like,
and 0x1motlon pich~etheatres in cities of the second class, [ten percent1
the rates specified in section 8.1.
***
(9) On admissions to ski facilities, [ten percent] the rates specified in
section 8.1. The tax base npon which the tax shall be levied shall not
exceed forty percent of the cost of the lift ticket. The lift ticket shall
include all costs of admissions to the ski facility.
(10) On admissions to golf courses, [ten percent] the rates specified
in section 8.1. The tax baie upon which the tax shall be levied shall not
exceed f o q percent of the greens fee. The greens fee shall include all
costs of admissions to the golf come.
(1 1) On admissions to bowling alleys or bowling lanes, [ten percent1
the rates suecified in section 8.1. The tax base npon whicb the tax shall be
levied shall not exceed forty percent of the charge imposed upon a patron
for the sale of admission to or the privilege of admission to a bowling
alley or bowling lane to engage in one or more games of bowling.
*=+*
Section 3. The act is amended by adding a section to read:
Section 8.1. Special Limitations on Rates of Taxes for Certain
Amusements.4a) A school district or municipality that levies, assesses
and collects an amusement or admissions tax against an amusement
faciliw oursnant to 53 Pa.C.S. 6 8402(c) (relating to scone and
limitations) for the activities set forth in section 8(6). (9). (10) and (1 1) on
or before the effective date of this section may lew. assess and collect that
tax at a rate not to exceed for each amusement facili the lesser of
two percent or one hundred twenty-five thousand dollars7~125,~0).
for
each taxioe authority. subiect to the reduction period provided for in
subsection fi).
(bl A school district or munici~alitvthat is subiect to subsection (a)
and that collects a rate of tax in excess of the amount provided for in
snbsection (a) on the effective date of this section shall reduce the rate to
the rate nrovided for in subsection (a) over a ueriod not to exceed
three years. If the reduction in the tax rate occurs over more than a
one-vex period, then the amount of the reduction shall occur in equal
annual increments.
[c) A municipality that:
(1) does not lew, assess and collect an amusemeot or admissions tax
from an amusement facilitv pursuant to 53 Pa.C.S. 6 8402(c) for the
activities set forth in section 8f6). (91 (10) and (11) on or before the
effective date of this section: and
enacts an Ordinance to lew, assess and
tax after the
effective date of this section in accordance with law; mav lew, assess and
1907
collect that tax at a rate not to exceed for each amusement facilitv, the
lesser of two oercent or one hundred twentv-five thousand dollars
($125.000).
(dl Nothing in this section shall be construed to authorize a school
ate sum of amusement or admissions taxes in
district to collect an
excess of the amoun";"~~cted
bv the school district for the fiscll vear
ending in 1997.
[e) This section shall not a~nlvto a citv of the second class.
Amend Sec. 2, page 3, line 13, by striking out "'2''and inserting
4
Amend Sec. 3, page 4, line 9, by striking out "3" and inserting
5
Amend Sec. 4, page 4, line 11, by striking out "4" and inserting
6
On the question,
Will the House agree to the amendment?
The SPEAKER. On the question of the adoption of amendment
A4196, the
recognizes the gentleman
Montgomery
count^, Mr. Godshall.
Mr. GODSHALL. Thank you, Mr. Speaker.
The impact of Act 511 nuisance taxes on individuals and
businesses in Pennsylvania deserves serious consideration by
elected leaders throughout the Commonwealth. With regard to the
amusement tax, circumstances vary
- fiom attraction to attraction.
The general impact of Act 511 on the theme parks, skiing,
white-water rafting, golf, auto racing, bowling, and hotel industries
has been
documented. The tax is not Only
mequitable in its application but stagnating in its effect.
The Act 5 11 amusement taxes are levied haphazardly
throughout the Commonwealth in approximately 10 percent of the
501 school districts and 5 percent ofthe 2,600-and-some townships
and boroughs statewide. As a levy on admissions solely on the
amusement industry, pennsylvania has the high& amusement tax
in the nation. The acted industries
a compromise proposal
with sincerity and hope that some relief will result fiom legislatite
action soon. Without such legislative action, the alternatives for
some businesses in the tourism industry will be fairly extreme &d
certainly unpleasant.
At the present time, Pennsylvania has the highest local
amusement tax in the nation at 10 percent. Th&y--~.oStates do not
even have a local amusement tax on their books, what &is
amendment does is phase in over
years a reduction in
amusement tax to a more reasonable percenf still
twice the national average but well below our current level, with a
$250,000 cap - $125,000 to the school district and $125,000 to a
municipality.
Most of the people we are talking about here are small business
people who in many cases pay more than their fair share of real
estate, mercantile, sales, and income tax. These people not only
have to
with out-of-~tate,facilities which are free of the
amusementtax but neighboring facilities which do not levy the tax.
Tourism is one of the fastest growing segments of our economy,
growing more than 5 percent annually and generating $20 billion
in 1997 and employing over 200,000 residents of the
Commonwealth. The number one problem faced by the amusement
indusQ is, Unfortunately, our imposition of the highest amusement
tax in the nation, which has caused us to experience a competitive
disadvantagewith our neighboring States, which has in turn cost us
jobs and prevented tourism-related businesses from locating here.
1908
LEGISLATIVE JOURNAL -HOUSE
Over the course of the past 4 years, my committee has
sponsored many hearings on the need to reduce the onerous tax.
The abuses which this tax has created have been legion and truly
unfair to the Pennsylvania tourism industry, hut today we can
change all that by voting "yes" on this amendment.
I would like to say that this legislation does not affect
Philadelphia, which is governed by the SterlingAct, and it does not
affect Allegheny County, because there, the amusement tax is
interwoven with the RAD (regional asset district) tax.
I will say that just yesterday, when I say there could be
catastrophic results if something is not done, I do know that in
regard to Sesame Place, the people from Anheuser-Bnsch were
here who own that facility, and as they have said, they were up here
watching what we do. They have never met their profit
expectations at their Bucks County facility. They have paid more
in amusement taxes than they have made in profits. They have
closed, they have closed facilities in other parts of the country
where they have not met their income or profit expectations.
Just Saturday, just Saturday, Mr. Speaker, there was an article
in the Philadelphia Inquirer: "Owners say Reading may lose
Phillies. The team is soliciting offers from other cities." At issue is
the amusement tax. Recently, the city ofReading has contactedthe
Reading Phillies, and the amusement tax issue has come up. The
Reading Phillies at this point are looking at other facilities, at other
locations. So when I say that something has got to be done on the
amusement tax, it has to be done, and it should be done now.
Thank you.
The SPEAKER. The Chair thanks the gentleman.
It is the understanding of the Chair that no fiscal note has been
provided, and that question was raised. But it is the further
understanding of the Chair that one is either completed or about to
be completed and will be on the floor shortly.
Mr. GODSHALL. There was a fiscal note as of yesterday; I
have one on my desk, and I am sure the Appropriations chairman
has a copy also. But the impact was there was no fiscal note on the
Commonwealth. There was no fiscal impact on the
Commonwealth.
The SPEAKER. The fiscal note is required, though, if it impacts
on municipal government as well.
While you are checking into that, Mr. Godshall, the Chair will
now recognize the gentleman, Mr. Lynch.
Mr. LYNCH. Thank you, Mr. Speaker.
Mr. Speaker, this amendment clearly, again, is not American,
okay? Here we are again. Pennsylvania, Big Brother, telling the
little political subdivisions how much they can tax. Do we not think
we are smart? Come on. If these people want to tax 90 percent,
they should be allowed to do so. Who do we think we are limiting
them to 2 percent? You know, we come in here and we ralk about
reducing the size of government,both the cost and the intrusiveness
of it, and here we are again trying to show that we are the big man
on campus.
This is not a good amendment; this is not what we stand for,
and I strongly urge my colleagues to vote "no." Thank you,
Mr. Speaker.
The SPEAKER. The Chair thanks the gentleman.
The Chair recognizes the gentleman from Adams County,
Mr. Maitland.
Mr. MAITLAND. Thank you, Mr. Speaker.
I rise in vigorous opposition to this amendment.
NOVEMBER 17
Act 50 of 1998 caps the amount of money that any municipality
can raise from the amusement tax to its 1998 total, and with
tourism being the fastest growing industry in Pennsylvania, you
would think that that percentage would be reduced over time.
Secondly, this tax is not paid by the attraction; it is paid by the
patron. So when you say that Sesame Place or Hersheypark or any
other attraction is paying that tax, that is not the case. The person
that buys the ticket is paying that case.
My county, Adams County, raises a lot of money through the
amusement tax through the Gettysburg National Military Park
aimctions and the Ski Liberty ski resort in Carroll Valley, and all
the traffic that these tourist facilities have creates a large demand
for municipal services. For example, the borough of Gettysburg, a
small town of 6,000 or 7,000 people, has a municipal police force
of 37 full- and part-time officers - 37 - because of the mff~c
that
we get from tourisni The gentleman's amendment would shift
these taxes that are currently being paid by out-of-State visitors
onto the property taxes of my constituents.
Vote "no" on amendment 4196.
The SPEAKER The Chair thanks the gentleman.
The Chair recognizes the gentleman from Washington County,
Mr. Daley.
Mr. DALEY. Thank you Mr. Speaker.
I rise in support of the Godshall amendment.
The previous speakers have said that it is Big Brother at its
worst, where we as the State are coming and telling local
governments exactly what they ought to and ought not to tax.Quite
honestly, Mr. Speaker, I mean, that is our role, that is our
constitutional role, and if we see a problem and we see inequity, we
need to fix it. It is existing now with this amusement tax. It is
abusive. It is driving industry out of Pennsylvania. It is making
amusements that want to come into Pennsylvania not come here
predicated on this high tax. It is time we correct that problem.
The ski associations throughout Pennsylvania are l i t i n g their
improvements simply becanse of what is happening here. The other
industries that are coming in, we have heard from time to time that
Disney was interested in coming into Pennsylvania. My sources tell
me that Disney would not touch Pennsylvania in the Philadelphia
area, outside of Philadelphia, because of this amusement tax.
It is time we step into the 20th century; it is time we step into the
21st century. It is time we get control of this out-of-control tax and
vote for the Godshall amendment.
The SPEAKER. The Chair recognizes the gentleman from
Bucks, Mr. Wright.
Mr. WRIGHT. Thank you, Mr. Speaker.
I would like to interrogate the sponsor of the amendment.
The SPEAKER. The gentleman, Mr. Godshall, indicates that he
will stand for interrogation. You may begin.
Mr. WRIGHT. We heard and it was inferred that our tourism
business is suffering under this amusement tax. Do you have any
statistics that show that we are losing revenues or we are losing
businesses from this onerous tax?
Mr. GODSHALL. I know that Bob Uguccioni, who represents
the Pocono Visitors Bureau, has told me time and time again that
what they need in the Poconos is events. I know that a number of
major companies have looked at the Poconos as far as putting
amusement parks in there. I think the gentleman from that area is
going to speak.
LEGISLATIVE JOURNAL -HOUSE
I do know that a firm from Lancaster - in fact, it is
Dutch Wonderland- has looked at putting the exact same facility
it has in Lancaster in the Poconos. One thing, one thing prevented
that from happening, and that was the amusement tax, and each one
of those facilities employs approximately 1,000 people, and they
could go there for nothing, no State handouts, hut they are a h i d
of one thing - the amusement tax at 10 percent.
Mr. WRIGHT. Mr. Speaker, I have another question. Who
currently pays that amusement tax? Is it the business? Does it
come out of their bottom l i e ? Is it considered an expense?
Mr. GODSHALL. It is my family and it is your family that go
to these events. My family has traveled to Sesame Place. We paid
it, and the same as my family going to Gettysburg. It is my family,
your family, my constituents, and your constituents.
Mr. WRIGHT. So it is not a direct expense from any particular
business.
Mr. GODSHALL. It is not a direct expense? I do not
understand the question.
Mr. WRIGHT. The business is not paying it out of their own
pocket.
Mr. GODSHALL. The husiness does not pay it out of their own
pocket, but the business can only, unfortunately, sell their tickets
for a certain amount of money. The sky is not the limit on tickets.
In your case, at Sesame Place, I believe a lot of people come over
fromNew York. There are two amusement parks before they reach
Sesame Place, and Sesame Place has told myself and I believe they
told you, you h o w , that they have a bottom line as far as ticket
sales go, you h o w , when they can sell tickets to the bus operators.
There is a bottom line. So how much is eaten by the company, I do
not know. It puts them at a very competitive disadvantage.
Mr. WRIGHT. So actually, the business does not pay anything;
what you are concerned with is the competitiveness of that sales
price. Would that be similar to the amendment we just passed on
the hotel taw, that now we just raised the hotel tax on a particular
group of businesses in Philadelphia, and a lot of hotels outside of
the city of Philadelphia do not have that tax. But yet we just made
a debate about how important it was to add that tax to it, obviously
to raise the cost of doing business.
The SPEAKER. Is the gentleman asking a question or debating
the issue ?
Mr. WRIGHT. I will be asking a question based on that. We did
ask the hotel owners, though, in Philly to have their clients pay
more, and it was fair, we thought. But yet when it comes to the
amusement tax, asking the businesses to have their clients pay more
is not fair. What are your remarks with that?
Mr. GODSHALL. The hotel tax that we just passed for the city
of Philadelphia was requested by the business community. The
business community requested that tax. They are fully in support
of that tax. And as far as the businesses, as you said, paying a
portion of it, the answer is yes, they do, because this amusement tax
is levied on the price of the ticket. If the price of the ticket is $25
and if these people give tickets to underprivileged kids or
whatever, they are still subject -that is for nothing - they are still
subject to paying the tax,the 10-percent tax, on those tickets, even
that they are giving away or sell at a reduced price. So yes, they are
paying for some of the price of the tickets themselves.
Mr. WRIGHT. Well, the taxing of unpaid-for tickets is a
different issue here.
Do we have any statistics to show that the attendance at these
recreational facilities, amusement parks, et cetera, has been
suppressed by this tax?
Mr. GODSHALL. I have no direct statistics on that. However,
I know all the amusement parks, they have got to put m new events
each and every year in order to keep attracting customers. They do
a tremendous amount of advertising, and they are at a serious
disadvantage between the ones that people come to by the busload
from out of State who do not have this 10- percent tax hanging
around their neck
Mr. WRIGHT. Do we have any knowledge of amusement parks
not making investments, not enlarging their parks, not putting in
new rides ? Is this burden of a tax causing them to not expand and
improve their markets?
Mr. GODSHALL. It is common sense. I think in itself the
answer to that question, each year, whether there is an increase or
decrease in attendance depends on the weather, number one, and
the weather is the biggest alternative in there. There are so many
factors that could enter in as far as attendance from one year to
another. You know, you cannot say that it was one thing or the
other. You know, the weather comes into play tremendously in the
amusement industry, as you well know.
Mr. WRIGHT. As you just pointed out, weather is a major
factor to whether attendance at a park is increased or not Have we
found that this amusement tax when the weather has been good has
not caused an increase in trade at amusement parks?
Mr. GODSHALL. I think I have answered that question three
different ways, but I will try again. We do not have any statistics
that exclude the weather from any statistics pertaining to
attendance at amusement parks.
Mr. WRIGHT. Do we have any guarantees from the m t i o n a l
owners and the amusement park that currently, as they are tacking
on this tax onto the bottom of their price, do we have any
guarantees that they are going to roll back their prices and they are
going to give the consumer the savings that we are implying here,
or are they just going to pocket it for profits?
Mr. GODSHALL. Or the other thing that you could say is
reinvest - reinvestment in the amusement park, as I said; an
absolute total essential. They have got to reinvest to upgrade every
I year. They have got to bring new events iL- every year. I do not
have any guarantees of a $2.50 tax that is right now on the price of
i
a ticket. If the price of the ticket is going to be reduced-in some
cases, it probably will- some of that money will be reinvested and
some of that money will help go to refixbish.
Mr. WRIGHT. Now, last spring we had the Tax Reform Act
that we spent a considerable amount of time - a year or two
I actually - going over and negotiating. Now, there will be some
1 critics as to whether it was success^ or not, but we did come to a.
1 condusion, and an arrangement was worked out which included
one aspect, because this is an Act 5 11 tax, which was included in
the overall package for tax reform, and at that particular time, the
legislature came together -the Senate and the House - and the
Governor's Office to put a moratorium and a cap on the amusement
tax. Now, what has changed over the summer so that the
Governor's Office and the Senate and now asking for the House to
; change that agreement that we had last spring, to rip apart the tax
reform proposal?
The SPEAKER Will the gentleman yield
This is not interrogation; this is debating, I am going to call it
final passage of the amendment, the consideration of the
LEGISLATIVE JOURNAL -HOUSE
amendment. You question and you answer, and you do not ask
questions when you know the answer in advance, please.
Will the gentleman yield
Mr. Daley.
Mr. DALEY. Mr. Speaker, I was just going to say point of
order, s i q l y what you stated. The gentleman asking the question
had this long oration. It is almost dilatory in his tactic here, and I
think the question needs to be phrased in a way in which the
speaker can answer without a great debate prior to the a s h g of the
question.
The SPEAKER. Well, there is nothing wrong with a great
debate, but there is something wrong with the extended debatelike
questioning. Ask the question, please.
Mr. WRIGHT. Thank yon, Mr. Speaker.
My last question is related to what I just said. I am going to
rephrase it.
We agreed upon last spring the tax reform package, and at that
point I thought we had an arrangemenf but what has changed that
will show to the members that there is a need to go back and
change the Tax Reform Act?
Mr. GODSHALL. We have not changed at the municipal level
at all. Anybody that was at 7 or 8 percent is still there. This
changes it at the municipal level, takes a 10-percent tax down to
4 percent,2 for the school district and 2 for the municipality, with
a phasedown period. And I guess what has happened since then is
the total displeasure of the hospitality industry with regards to the
amusement tax in Pennsylvania. You asked what one of the
benefits would be. One of the benefits might be the saving of 1,000
jobs in Bucks County.
Mr. WRIGHT. Thank you, Mr. Speaker.
I would like to comment on the amendment now.
The SPEAKER. The gentleman is in order.
Mr. WRIGHT. I want to start off with the last thing that we just
heard. It was implied opinion that without this tax change, the
tourist &messes, especially that it was specifically applied in
Bucks County, could suffer dramatically - presumably meaning
that attendance will go down; presumably meaning that profits will
not be met, could go out of business; the business could close.
We have had this amusement tax for 20-some years now, and
20-some years ago it was levied at 10 percent. My home
community at that point immediately took advantage of the new
Act 511 tax, and at that point there was not much going on in my
community. Then one day a large amusement company decided to
discuss about coming to my little community, and when they came,
they were fully made aware, fully made aware, of the 10-percent
amusement tax. But yet they thought the market was good, the
location was good, developing growth area; they thought, even with
the amusement tax and even though, if attendance goes up, they
will pay more each year, they agreed to it; they signed off on it.
And over the years, the park expanded. There has practically never
been a year, except for when there was a hugely bad weather year,
that attendance did not go up; there has not been a year that they
have not made a profit; there has not been a year that they have not
invested money to expand the park - not one year.
Now we have a new management team. A new management
team comes in from out of State and says, hold it; let us see; if we
can get rid of this particular tax, that would help our bottom line.
And the reason why I say that, I want to point out, do not forget,
they do not pay the tax, but they have been quoted as saying, when
asked, the bottom line, the tax gets tacked on the bottom. Will you
NOVEMBER 17
then reduce the price of your ticket accordingly? Their answer is,
no, of course not. And they have also been asked, are things so had
that you might leave? No is the answer; we are doing great herethat is what they say -but of course, we could do better; everybody
could always do better. Are they not investing money? Of course
they are. Every year they expand, every year. They got a great spot.
The corporate attorneys are in, and they are looking at ways to
expand their bottom line. They are not losing money.
The main concern that I have right now is, last spring we spent
an undue amount of time negotiating Act 50. Now, Act 50, of
course, is our local tax reform proposal. It has lots of parts of it, but
amusement is one of the Act 51 1 parts. The amusement tax is one
of the flexible ways that we 20-some years ago, as one of the
options a local district and a municipality could use to help
determine what is best for their own community, we gave them
some flexibility; we gave them some options, some different things
that they could do to try to raise some revenue for their own
community, without having to rely strictly on the property tax.
That was 20-some years of, in my case, an amusement company
that agreed to that. But in this one particular vote and some that
will probably come later on, we are going to rip apart that
agreed-upon bill that we had, Act 50, piece by piece by piece; we
are going to take a little part of it away and a little part there and a
little part there. For God's sake, we have not even given Act 50 any
time or chance to see if it works. Now, some people in this room
think it does not work, but we do not know that yet. There is the
component of the 2-year time period that the school districts have
to determine whether they want to opt in and let the local
community vote upon the bill, to see if they want to opt in. The ink
is not even dry on that act yet and we want to change it.
We have always stood for local control; we have always stood
here to try to give our local governments some flexibility to
determine what is best for them. What we are doing today is we are
saying that they do not know how to handle their own business.
What is womed upon is that this is so bad that that company may
leave, but that is a decision for the local government to make. They
know the risk; let them take the risk. It was implied that they might
leave. Out in the papers though, they have said they will not leave.
I am very much concerned that we are not allowing our local
governmentsto have flexibility. In my case, my municipality, at tlie
request of the amusement company, has agreed to have a bipartisan
factfinding mission to determine what kinds of services and
expenses that amusement park incurs upon that particular
community. Just as my amusement park has agreed to that request
and the community agreed to it, too, then behind the community's
back, they are up here walking the halls. They are not happy now
because they cannot prove, they cannot prove that this tax is a
burden upon them; they cannot prove that this tax is hurting their
business; they cannot prove that their attendance is down.
I just want to point out, the one thing I want to leave with here
is, let Act 50 have a chance. Let us not play around with it. Let us
give it a chance. If Act 50 is not working - and that is what this is;
this is a change to Act 50, the Property Tax Refom Control Act if it is not working in a year or two from now, then let us take the
issue up again. Let us not piecemeal make changes; let us look at
the whole picture. Let us see how this amusement tax fits into the
Act 51 1 taxes, and let us see how the Act 5 11 taxes fit into the
whole scheme of how our local communities raise revenue.
Do not, do not artificially cut $1.2 million out of a local
government immediately. Where is it going to be made up from?
LEGISLATIVE JOURNAL -HOUSE
Property taxes. That was not the intent of Act 50. And I am not the reduction, it is, on the other hand, a tax increase. It depends on who
only one here; I am the one that is standing up to fight for it, but a is paying it.
lot of communities have an amusement tax, and what this is
I have a township in which aracetrack is situated. The racetrack,
basically doing is it is cutting your local government right on out. in agreement with the local taxpayers and the township, pays the
I thank you.
amusement tax. In exchange for the noise that the residents have to
The SPEAKER. The Chair thanks the gentleman.
put up with, they pay no property tax. Now, that is a pretty good
We presently have the following members listed for comments: deal. If this is passed, essentially the taxpayers of the township will
Pesci, Rohrer, Saylor, Hutchinson, Melio, Major, Battisto, Hasay, have to begin paying what they are not paying now, and frankly,
Roberts, and McCall. That is on this amendment.
they will not be very much encouraged to keep the racetrack there
The Chair recognizes the gentleman, Mr. Pesci. Will the and put up with the noise because now there is no offsetting
benefit.
gentleman yield fust.
The point is that in not every case is this a good idea. Local
control
and the ability for local entities to engagin an agreement
ANNOUNCEMENT BY SPEAKER
of this type is preempted by this amendment, and so I do not l i e
The SPEAKER. It has just come to the attention of the Chair that. And as one of the other members stood up and said it is not
that the gentleman, Mr. DeWeese, was presented the Humanitarian for us to make a one-size-fits-all approach across the State, I agree
Award by the Chapel of Four Chaplains. This was presented to him with that. It is not good in every case, and this amendment
on June 26 in recognition of his service to all people regardless of effectively takes away fiom those few facilities where agreements
have been reached the ability to negotiate locally. And for my
race or faith, and I would ad4 politics.
people,
my constituents, this will be a tax increase.
Congratulations, Mr. DeWeese.
So I will not support this, and I ask my colleagues to consider
that option as well and to consider voting against this amendment
CONSIDERATION OF SB 489 CONTINUED
Thank you.
T ~ ~ S P E A K EThe
R Chair thanks the gentleman.
The SPEAKER. Mr. Pesci.
On the question, the Chair recognizes the gentleman &om Yo&
Mr. PESCI. Thank you, Mr. Speaker.
Mr. Saylor.
May I interrogate the maker of the amendment, sir?
Mr. SAYLOR. Thank You, Mr. Speaker.
The SPEAKER. The gentleman indicates he will stand for
I want to remind everybody in the chamber, the Godshall
interrogation. You may begin.
Mr. PESCI. Mr. Speaker, under your amendment, 4196, under amendment does not eiiminate the amusement tax; it simply makes
specified activities, when we say that it would be inclusive in it fairer and reduces the amount that is going to be collected.
YOUbow, we talk around here about family values and we talk
specified activities, would racetracks, meaning like the Poconos
racetracks for NASCAR or speedways such as Jennerstown, about doing things the right way. I find it i n t e h g that, you
know, we see advertisements and everybody is always complaining
Lernerville, Blanket Hill, be inclusive in this amendment?
about the price of admission to take families to stadiums to see
Mr. GODSHALL. Yes, they are, Mr. Speaker.
Mr. PESCI. The other question: During one of our hearings that baseball games and football games. This tax has runamok in many
we had out west, we met with the white-water-rafting people, and of our tomhips and boroughs throughout this Commonwealth.
did we not receive some type of report fiom them about what effect People have used this tax to gouge, and I mean gouge, smaU
business people across this Commonwealth. There is no reason
this tax now has on them?
Mr. GODSHALL. We had, as far as- If I could have just a why bowling alleys, golfcourses, should be paying an amusement
little bit of attention to answer that When the whitewater-rafting tax when they have no impact on the highways or byways that are
people in western PennsyIvania bitterly complained about the around their amusements, Yet we continue to make them Pay this
amusement tax in effect in their area, they were losing all kinds tax and at a high price.
We continue to talk about ski resorts and t o ~ m
in
of business to the New River and Cheat River people in
West Virginia. ~t is almost closer for a lot of people in Pennsylvania and evetythingwe need to do to build morejobs, but
to decide how and
Pennsylvania to go down there. our people could not compete yet we continue to allow local gov-en@
where businesses will be with their regulations and their taxes they
against the West Virginia people on white-water rafting.
impose. Would we allow townships and boroughs to start taxing
Mr. PESCI. Thank you, Mr. Speaker.
the steel industry or technology industries on their own because
I would like to comment on the amendment.
they all of a sudden were a headquarters for local areas? No, we
The SPEAKER. The gentleman is in order.
would
not. And why should the tourism i n d ~ be
~ any
h ~different
Mr. PESCI. Mr.' Speaker, I ask my colleagues on both sides of
from
any
other
business
out
there?
We
need
to
keep
in
mind,jobs
the aisle to support the Godshall amendment. I mean, it is time for
and
good-~ayingjobs
are
as
well
founded
in
tourism
as
they are in
us to let the consumer and the small businessperson out there h o w
any
industry.
These
businesses
pay
their
property
taxes
and their
that we are now going to do real tax reform by eliminating one of
State income taxes just like everybody else. It is time we get local
the nuisance taxes. Please vote for this amendment.
The SPEAKER. On the question, the Chair recognizes the governments under control and quit letting them single out one
industry for them to use as an excuse to keep their taxes on other
gentleman, Mr. Rohrer.
businesses low.
Mr. ROHRER. Thank you, Mr. Speaker.
E v e r ~ b deverybody
~,
in this Commonwealth, shouldbe treated
I am standing to oppose the amendment for perhaps an unusual
run amok and
reason, but even though the amendment is pu~portedto be a tax equally and fairly, and this is one tax that has
has been used and abused by local government officials. It is up to
I
LEGISLATIVE JOURNAL -HOUSE
this Commonwealth and this legislame to put a stop to it, and it is
time that we cut the amusement tax down. The fact is, it is a shame
we do not even vote to get rid of this tax for the way it has been
used. Thank you, Mr. Speaker.
The SPEAKER The Chair thanks the gentleman.
The Chair recognizes the gentleman, Mr. Hutchinson, on the
amendment.
Mr. HUTCHINSON. Thank you, Mr. Speaker.
Mr. Speaker, I rise to support the Godshall amendment and to
support the tourism industry here in Pennsylvania
Mr. Speaker, I would like to address this issue h m a little bit
different perspective than many of the other previous speakers. I
would like to address this issue from the perspective of a former
local school board member in the Oil City School District.
Before serving in the legislaturehere, I did serve on the Oil City
School Board for 6 years. It is a rural district in northwestern
Pennsylvania. And back in 1990, I am proud to say that I advanced
the idea of eliminating our local amusement tax. At that time we
did have a 10-percent amusement tax, and I advanced the idea that
we should eliminate it because of what it was 'doing to the
amusements and amactions in our district, and that it was such an
unfair tax, a tax that taxes some amusements and not others, and
really was a way of penalizing an important industry. So I
advanced that idea, and for years the naysayers who wanted to keep
that tax said, how are we going to make up the money?
But I am here to tell you that our board was successful in
eliminating the tax. At the time we had several discussions with a
local golfcourse that was affected, a small local racing track, as
well as a bowling alley, all of whom talked about the negative
impact on their businesses. As I said earlier, we were successful in
eliminating the tax, and today I am proud to say that all those
businesses are doing very well. The school district is doing well.
The sky did not fall, and all the Chicken Littles were wrong. The
school district is doing okay, and the bottom did not fall out. But
meanwhile, we were able to e l i t e a very arbitrary and
capricious tax and something that was a way of penalizing some
businesses and not others.
So I guess I am just here to say that the amusement tax can be
and should be eliminated, and I rise in support of the Godshall
amendment Thank you, Mr. Speaker.
THE SPEAKER PRO TEMPORE
(PATRICIA H. VANCE) PRESIDING
The SPEAKER pro tempore. The Chair recognizes the
gentleman &om Bucks County, Mr. Melio.
Mr. MELIO. Thank you, Madam Speaker.
I rise to oppose the amendment. I appreciate my colleague from
Montgomery County concerned for jobs in Bucks County, but I
think that we can handle that job ourselves.
As a colleaguejust told you, it is a bully tax, really. You know,
we are in a big State, and this is not even in my district,
but the township manager from Middletown Township called me
and said it would be devastating for that community to lose the
$1 million-plus, plus the superintendent of schools echoed the same
sentiments, and that means already we have the local tax reform
that is not working, and it means another tax increase for those
residents.
Now, we were just told that a local school board that did not like
the tax eliminated it themselves. You know, why take this away
NOVEMBER 17
from our local officials?This is a bully tax. I mean, if you want to
bully the local municipalities, the local school boards, if you do not
need them to make the decisions, get rid of them. But you know,
there is not a municipality or a community that cannot eliminate
that tax themselves. If it is a threat, if it means they are going to be
in jeopardy in some way, let them eliminate it. Why are you telling
them they have to eliminate it? Let that be a decision for the
local people that we support wholeheartedly. Thank you,
Madam Speaker.
The SPEAKER pro tempore. The Chair recognizes the lady
from Susquehanna County, Miss Major.
Miss MAJOR. Thank you, Madam Speaker.
Today I rise in support of the Godshall amendment, and I take
this opportunity to remind the members that this amendment is a
reduction in the amusement tax, not an elimination.
Tourism is very important in my rural northeast district and all
of Pennsylvania. The amusement tax has placed many of our prime
tourist attractions at an unfair disadvantage. I am specifically
concerned about ski areas. Elk Mountain ski center is located in my
legislative district. When Elk Mountain is fully operational, it is
one of the largest employers in Susquehanna County. It already
pays its fair share of taxes and receives little to no senices for
these taxes. Because the amusement tax is based on gross receiprs,
this further places our ski areas at a disadvantage. If a ski area has
a bad winter, they must stilt pay the tax. This makes it difficult for
long-term planning and expansion.
I would also like to point out that many ski areas are not
assessed the tax, as the amusement tax is a local tax option. Skiers
do not acknowledge county boundaries. They are driven by price
and by quality. Many ski areas pay the tax while their neighbors,
some of those neighbors in other States, are not required to do so.
Madam Speaker, I remind you that this tax is jeopardizing the
future of the ski industry in Pennsylvania, and I ask for your
support of the Godshall amendment. Thank you.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Monroe County, Mr. Battisto.
Mr. BATTISTO. Thank you, Madam Speaker.
Madam Speaker, I rise to support the Godshall amendment, and
as has been said by two or three speakers, we are not eliminating
this tax; we are merely reducing this tax. And I think we ought to
be in a tax reduction mood. I think we have been talking about tbat
over the years. We have been trying to reduce taxes on businesses.
These are businesses we are talking about.
It has been said that it is merely a way to expand the bottom line
of various businesses, and that is true; it is true. These are mostly
seasonal businesses. They need to have their bottom line expanded
because they reinvest that in their golf courses, in their bowling
alleys, and in their ski facilities.
The fact ofthe matter is, tourism is a very competitive business.
It is the biggest business in my district, in the Poconos, and the
second largest in Pennsylvania, and I thii it is sensible to reduce
this tax to a reasonable level. I support it wholeheartedly.
Thank you.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Luzeme County, Mr. Hasay.
Mr. HASAY. Thank you, Madam Speaker.
Madam Speaker, I rise in support of the Godshall amendment
to reduce the amusement tax, and I bring to the attention of this
membership what else is in jeopardy besides ski lodges, and I refer
to the two national events that Pennsylvania has and some of the
-
1998
LEGISLATIVE JOURNAL -HOUSE
other States, which they had, and that is Winston Cup racing Winston Cup racing. We have two NASCAR events in northeast
Pennsylvania. I have spoken to those involved at Pocono Raceway,
and this tax has angered them; it is unfair; they would like to see
the Godshall amendment approved.
And I do not want to see Pennsylvani& They have two
franchises for two races. New Jersey has already shown an interest
in purchasing those franchises. So has the State of Texas, and so
has the State of California. There are two franchises, and for our
constituents that enjoy going and seeing a NASCAR race in
Pennsylvania, there is a threat, if we do not support the Godshall
amendment, we will lose those two NASCAR races in the State of
Pennsylvania.
So it is important to keep the tourism industry going, the
NASCAR Winston Cup circuit going in Pennsylvania. Support the
Godshall amendment. Thank you, Madam Speaker.
The SPEAKER pro tempore. The Chair recognizes the
gentleman h n Fayette County, Mr. Roberts.
Mr. ROBERTS. Thank you, Madam Speaker.
I rise in support of the Godshall amendment, and I do so
because there was a question asked earlier about whether or not the
operators or the business owners are paying the tax, and of course,
the answer to that was no, and then it was stated that it is a matter
of competitiveness. And I am here to tell you that my district
borders West Virginia and is very close to Maryland. I have three
ski resorts in my area who have a problem with competitiveness in
the Maryland area. Wisp is not far away from my area, and so we
do lose business to Maryland.
More importantly, I have white-water-rafting facilities in Fayette
County, and my white-water-rafting facilities pay a concession fee
to the State park.
The SPEAKER pro tempore. Would the gentleman ceasejust a
moment.
Could we have quiet in the hall of the House. Some people are
interested in hearing what the speaker has to say, and they are
unable to.
You may proceed.
Mr. ROBERTS. Thank you, Madam Speaker.
I have three white-water-rafting facilities in my dishict also. My
white-water-rafting facilities are in a State park, and first of all they
pay a concession fee, which makes them less competitive with their
counterparts in West Virginia and Maryland, and with the addition
of the amusement tax, that makes matters even worse.
So I stand here in support of the Godshall amendment, and I am
here to tell you that competitiveness is a problem and that we
should pass this amendment. Thank you very much.
1913
CONSIDERATION OF SB 489 CONTINUED
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Carbon County, Mr. McCall.
Mr. McCALL. Thank you, Madam Speaker.
Madam Speaker, I rise in opposition to the Godshall
amendment, and I do so reluctantly, because I do think that some
reforms are necessary with the collection of this tax. However,
there have been statements made by members on this floor that
there is no fiscal impact to the Commonwealth, and I certainly
would agree with that, that there is not a fiscal impact to the
Commonwealth, hut where there is a fiscal impact is where I am
most concerned, and that fiscal impact is on the constituents that I
represent, because with this reform - and I know it is not a
reduction- we are still going to he reaching into the pockets of my
constituents, the constituents that I serve, in the form of increased
propew taxes. And make no mistake about it; with the calculations
that I have done, property taxes in my district, in two municipalities
and two school districts, are going to increase, some as low as
1 mill and some as much as 5 mills. And let me tell you something:
It is easy to vote for this if you do not have the tax implemented in
your districts.
I want you all to know that about 5 years ago I was the
prime sponsor of the bill that would have eliminated amusement
taxes in this Commonwealth, and I want you to know that my
constituents spoke to me loud and clear, and they asked me to
remove my name and remove my support from that legislation
because of the impact it was going to have on them, and I
concurred and I withdrew my support for that bill, and we have not
seen it probably in the last 5 years.
But the fact of the matter is that this tax is a user tax. We have
a lot of people that traverse the roads, that use the fire protection,
that need the police protection, and the people that I represent
perceive this as a user fee, for taking care of those additional
services that they have to provide because of the increased number
of people that are coming into my area.
So I would ask you and maybe just remind you, we keep on
hearing that it is a 10-percent tax. Well, it is not a 10-percent tax.
It is 10percent of 40 percent of the price of a ticket, which equates
to 4 percent. So that number is not true. And I think, once again,
local governments have been asking us for flexibility, flexibility
under Act 51 1, for them to raise the moneys necessary for them to
do business. This is certainly one of those options and gives them
an option to raise revenues for them to do business.
I would ask that we not support the Godshall amendment.
Thank you, Madam Speaker.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Luzeme County, Mr. Tigue.
Mr. TIGUE. Thank yon, Madam Speaker.
GUEST INTRODUCED
I have listened for probably about an hour now about the
The SPEAKER pro tempore. The Chair is pleased to welcome arguments for and against. I heard they are going to do away with
to the hall of the House a guest page, Mitchell Calhoun, who is a NASCAR races, which, by the way, are held in my district, and I
ninth grade student at South Westem High School in York County. do not believe that. The decision for the NASCAR race is going to
He is here as a guest of Representatives Nickol and Waugh. Would he made by the owner of the track, who does not pay the tax; it is
paid by the people who buy the tickets.
you please rise, Mitchell.
There will be an adverse effect. I have been involved in tax
reform for years, and I favor giving local option, and I thought that
is what we heard time after time. Even those people on both sides
of the aisle who criticized Act SO keep saying it did not go far
LEGISLATIVE JOURNAL -HOUSE
enough, but now, but now we are going to take away another tax
that locals can have.
I have yet to have one person knock on my door and say, I
resent paying an amusement tax. The people who are asking for
this to be eliminated or reduced or capped are the people who own
the businesses, and as it was said earlier, I guarantee you, the
tickets will not be lowered.
Someone mentioned - and I think it was Representative Saylor
-about the cost of going to a ball game. Well, lo and behold, we
are talking about doing stadiums for Philadelphia and Pittsburgh
and they are excluded from this bill. Why should we exclude
Philadelphia and Pittsburgh or Allegheny County from this bill and
put it on the rest of us and then come back and ask us for a
stadium? But more ridiculous is the fact that prior to this
amendment we voted on an amendment to support Philadelphia to
allow them to raise a 1-percent hotel and use tax. So now we are
saying, let Philadelphia have another means of raising revenue; let
them raise revenue for tourism. Why does that not have a negative
effect on the hotel and tourist industry in Philadelphia if it has such
a negative impact on the tourism in my area or your area? It is a
ridiculous argument, and we all know that.
We did some things in Act 50 regarding a school district which
is still trying to figure out what to do with an amusement park. The
point is, if we are going to do tax reform, let us do tax refonn. This
is special interest legislation. In fact - I do not know if Mr. Dally
is going to ask the question, but I guess he is - there is a serious
question on constitutionality, so I will let him delve into that.
But I am going to ask my colleagues on both sides of the aisle
from Allegheny County and Philadelphia County, we supported
you; you support us. I a g willing to give you the authority to levy
a tax; you give us the auihorityjust, not to get another tax, to retain
what we have.
And anyone who votes for this will cause some of my
constituents and some of maybe your own constituents to pay a
higher property tax. That is the most onerous tax we have. We have
spoken for years and years and years about the property tax, but
now all of a sudden, because someone figured out a new way to
make money by e l i i t i n g an amusement tax, we are going to put
it back on the burden of the taxpayer, the properly tax payer -not
the income tax, not the sales tax; the properly tax will be raised if
this is adopted.
So I would ask everyone in the chamber, let us be fair to
municipalities, whether it is Allegheny County, Philadelphia
County, Luzerne, Tioga, wherever it happens to be; please, defeat
this imendment. Thank you, Madam Speaker.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Lackawanna County, Mr. Cawley.
Mr. CAWLEY. Thank you, Madam Speaker.
I would like to interrogate the maker of the amendment, please.
The SPEAKER pro tempore. The gentleman agrees. You may
proceed.
Mr. CAWLEY. Madam Speaker, does this amendment affect
municipal authorities? In other words, if a municipal authority has,
for instance, a ski area or a baseball stadium and it is run by a
municipal authority, how does your amendment affect those
authorities regarding the tax?
Mr. GODSHALL. Madam Speaker, there would be really no
effect, because if that authority is not subject to the tax today, it
would not be under this amendment either. If the authority were
subject to the tax today, then it would be a reduction of that tax, but
NOVEMBER 17
if the authority is not subject to the tax today, we are not making it
subject to the tax.
Mr. CAWLEY. All right. And if an authority does have a
ski area, which is the case in Lackawanna County, or a baseball
stadium, which is the case in Lackawanna County, and presently
they could be taxed an amusement tax by the municipality or
school district within that municipality, what will the new tax be if
your amendment is passed? What would the limit he?
Mr. GODSHALL. 2 percent by the school district and2 percent
by the municipality.
Mr. CAWLEY. So it could be 4 percent?
Mr. GODSHALL. That is right, with an upper limit of $125,000
per facility, for the school district andlor for the township.
Mr. CAWLEY. Thank you, Madam Speaker.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Lancaster County, Mr. Zimmernan.
Mr. ZIMMERMAN. Thank you, Madam Speaker.
Madam Speaker, I support the Godshall amendment.
Golf courses, bowling lanes, and all other amusements pay the
same business tax that any other business pays in this
Commonwealth, but over and above that, they pay the amusement
tax, which I believe is very unfair. The Godshall amendment will
not eliminate the tax, but it will bring that unfair tax to a more
manageable rate.
Thank you, Madam Speaker.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Northampton County, Mr. Dally.
Mr. DALLY. Madam Speaker, may I interrogate the maker of
the amendment?
The SPEAKER pro tempore. The gentleman agrees. You may
proceed.
Mr. DALLY. Madam Speaker, the 2-percent rate that the
amusement tax is being reduced to, what will that generate in tax
revenue, on the maximum side?
Mr. GODSHALL. $125,000Mr. DALLY. Okay.
Mr. GODSHALL. -for the school district or for- Now, that
is not for the municipality. There is no limit on the municipality.
But any one facility, any one business, would not have to pay more
than $250,000.
Mr. DALLY. Okay.
Mr. GODSHALL. But there is no limit on the municipality.
Mr. DALLY. And, Madam Speaker, at a tax rate of 2 percent,
generating $125,000, what does that represent in terns of gross
receipts ?
Mr. GODSHALL. I do not have my calculator here; maybe you
do. I mean, you have to multiply it out.
Mr. DALLY. Okay.
Madam Speaker, I believe that fi,we is $6,250,000.
Madam Speaker, if a business generated $7 million in gross
receipts, what would the amusement tax be under the amendment
that is before the House?
Mr. GODSHALL. Madam Speaker, you know, I do not mind
answering questions, and I will gladly do that, hut as we said
before, if the speaker already knows the answers, which he
obviously did because he answered his last question when I said I
did not have my calculator, you know, I would suggest, you know,
if he has a calculator, he could figure it out.
The SPEAKER pro tempore. The gentleman has a valid point.
Would you like to continue the interrogation?
1998
LEGISLATIVE JOURNAL -HOUSE
1915
4 percent in the case of school districts and/or municipalities, and
the $125,000 maximum cap, school districts or municipalities,
applies to everyone. It applies across the board. It is 2 percent or
125,000 bucks to everybody. So there is absolutely no problem
with uniformity. I ran this through our legal counsel. They had no
problem with it either, and there is no uniformity problem.
I would ask the members to vote "no" on uniformity. If we do
this at this hour you know, we have just about, I believe,
completed debate on this issue -we are going to start all over again
on Monday.
The SPEAKERpro tempore. The gentleman, Mr. Wright, from
Bucks County is recognized on the issue of constitutionality.
Mr. WRIGHT. Thank you.
I am not a scholar at this, but I think what the motion was meant
to do is, a larger business who has a large revenue base will reach
their $125,000 cap; now, that will be a smaller percentage than a
little "mom and pop" business who may reach the $125,000 base
butjust makes it, and I think the point that is hying to be made here
is that it is really an unfair disadvantage to the small business
owner when you have within the same community the large
corporate owner, who, even though they will pay $125,000, under
the old rules would have paid a lot more in a percentage form.
So what this is really doing is,the way that it is set up, the way
I read it - I did not think about it until it was raised -that it
actually benefits the large business, so the little guy, under this,
gets screwed. That is all I want to say.
The SPEAKERpro tempore. The gentleman from Northampton,
Mr. Dally, is recognized on the question of constitutionality.
Mr. DALLY. Madam Speaker, I believe, by the maker of the
amendment's own admission, there is no tax paid above a certain
gross revenue threshold under this amendment, so clearly, there are
those that escape tax on that additional income, where those that
fall below the threshold do not. So this tax is definitely not uniform
CONSTITUTIONAL POINT OF ORDER
and thus is in violation of ArticIe VIII, section 1, of our
Mr. DALLY. At this time, Madam Speaker, I would like to Constimion. Thank you.
make a motion that this amendment is not constitutional, based
upon Article VlII, section 1, of the Pennsylvania Constitution,
LEAVE OF ABSENCE
known as the uniformity clause, which states that all taxes are to be
uniform, on the same class of subjects, within the temtory of the
The SPEAKER pro tempore. The Chair recognizes the
jurisdiction levying the tax.
Democratic whip, who requests that the gentleman from Lawrence,
I believe, as the maker of the amendment has stated, once you Mr. LaGROTTA, he added to the leave list for the balance of the
reach a certain revenue threshold on this tax,there is no tax, so we day. Without objection, leave will be granted. The Chair hears no
are treating subjects differently in the same jurisdiction. So 1 objection.
believe it is unconstitutional.
The SPEAKER pro tempore. Could I have the attention of the
CONSIDERATION OF SB 489 CONTINUED
members, please.
The gentleman, Mr. Dally, raises the point of order that the
The SPEAKER pro tempore. On the issue of constitutionality,
amendment is unconstitutional. The Speaker, under rule 4, is those voting "aye" will vote to declare the amendment to he
required to submit questions affecting the constitutionality of an constitutional; those voting "no" will vote to declare the
amendment to the House for decision, which the Chair now does. amendment to be unconstitutional.
MI. DALLY. Yes. Perhaps I could rephrase the question,
Madam Speaker.
Madam Speaker, is there a tax paid on gross revenue above
$6,250,000?
Mr. GODSHALL. I am sorry. Would you repeat the question,
please.
Mr. DALLY. I said, is there a tax paid on gross revenue above
$6,250,000?
Mr. GODSHALL. The answer is, if the 4 percent figure times
that amount comes to $250,000, it is no.
Mr. DALLY. Okay. I thought the amendment called for
2 percent, Madam Speaker.
Mr. GODSHALL. 2 percent to the municipality and 2 percent
to the school district; that is $250,000.
Mr. DALLY. Okay.
Mr. GODSHALL. With a maximum of $250,000; $125,000 to
each, which should be more than adequate to pay for the services.
Mr. DALLY. Madam Speaker, if the gross revenue is doubled,
is there any tax on that additional amount of money?
Mr. GODSHALL. No, there is not. It is a maximum of
$250,000.
Mr. DALLY. Okay.
I would like to speak to the amendment now, Madam Speaker.
The SPEAKER pro tempore. You may proceed.
Mr. DALLY. Madam Speaker, I believe this is an important
issue that should be addressed by this body. However, I do not
think it should be considered in a lame-duck session. I believe that
it needs full and fair review and debate by the General Assembly,
and also, we have to have the ability to hear what our
municipalities feel about this legislation, since this impacts many
of the municipalities that many of us represent.
-
I
On the question,
Will the House sustain the constitutionality of the amendment?
The SPEAKER pro tempore. The Chair recognizes the
gentleman, Mr. Godshall, on the issue of constitutionality.
Mr. GODSHALL. I think this is a maneuver of trying to
sidetrack the bill.
There is absolutely no problem here with gniformity. What we
are dealing with here is, everybody is subject to the 2 percent or
On the question recurring,
Will the House sustain the constitutionalityof the amendment?
The following roll call was recorded:
;z
~
~
~
YEAS132
Druce
Eachus
~ Egolf
l
l
Manderino
Markosek
Marsico
Sainato
Saylor
Schuler
LEGISLATIVE JOURNAL -HOUSE
Armstrong
Baker
Bard
Barley
Banisto
Bebkc-Jones
Belardi
Belfanti
Bimelin
Bishop
Blaum
Boscola
Bunt
Butkovie
Camne
Cawley
Chadwick
Civera
Cohen, M.
Colafella
Colaizzo
Comell
Conigan
Cowell
cuny
Daley
Dempsey
Dennody
DeWeese
Donatucci
Evans
Fargo
Feese
Fichter
Fleagle
Flick
Gladeck
Godshall
Habay
Haluska
Hanna
MY
Herman
Henhey
Honey
Hutchinson
James
Jarolin
Josephs
Kaiser
Keller
Kirkland
Krebs
Laughlin
Lawless
Lederer
Leh
Lescovitz
Lucyk
Majw
Mayemik
MeGeehan
Mcllhattan
McIlhinney
McNaughton
Michlovic
Micouie
Miller
Mundy
Myers
Nailor
O'Brien
Oliver
Orie
Penel
Pesci
Pemne
Phillips
P~PPY
Platts
Reston
Ramos
Raymond
Reber
Rieger
Roberts
Robinson
Roebuck
Rooney
Ross
Barrar
Bminghoff
Boyes
Browne
B w n
Calfagirone
Cappabianca
Casorio
Clark
Clvmer
Corpora
COY
Dally
DeLuca
Dent
DiG'ioImo
Fairchild
Forcier
Gamon
Geist
George
Giglioni
Gordner
GruiQa
hPP0
Harhai
Harhart
Hennessey
Hess
ltkin
Jadlowiec
Lloyd
Lynch
Maha
Maitland
Masland
McCall
McGill
Melio
Nickol
Olau
Pistella
Readshaw
Rohrw
Rubley
Santoni
Satha
Schroder
Scrimenti
Semmel
Serafini
Shner
Smith, S. H.
Staback
Steil
Stetler
Stevenson
StrimMner
Sturla
sum
Tangreni
Taylor, E. 2.
Taylor, J.
Thomas
Travaglio
True
Tulli
Vance
Van Home
Vwn
Vitali
Washington
Waueh
~i~~l'am
A.sH.
,
Williams, C.
Wilt
Wogan
Youngblood
Zimmmman
seyf-
Smith, B.
Snyder, D. W.
Stairs
Steelman
Stem
Tigue
Trello
Trich
Walko
Wojnamski
Wright, M. N.
Yewcic
Ryan,
Speaker
NOT VOTING3
Cam
Levdan*
Pewrca
Cohen, L. I.
Kenney
LaGrotta
Reinard
The majority having voted in the affirmative, the question was
determined in the affirmative and the constitutionalify of the
amendment was sustained.
On the question recurring,
Will the House agree to the amendment?
The SPEAKER pro tempore. On that question, the Chair
recognizes the gentleman from Mercer County, Mr. Wilt.
Mr. WILT. Thank you, Madam Speaker.
I have been listening to the debate also over the last hour and a
half, and in my municipality, we have a large ladder manufacturer,
and it is the largest in the country, and I think that as we look at this
NOVEMBER 17
amusement tax, we have this user-pays mentality. Well, payments
in lieu of taxes are paid by this ladder company, because they do
place a heavy burden on the infrastructure of our community. They
have put up their own money to increase the ingress and access to
their property. There are times when traffic i s heavy, at shift
changes. This company employs thousands of - well, hundreds of
people and thousands across the country. And when I look at this
amusement tax, I think what we are saying is that it would be okay
for our local municipality to levy a ladder tax, because let us face
it, not everyone in my small town is going to buy a ladder, and
what we are saying here is, just because the people in the local
municipality do not necessarily buy the tickets and pay the tax, that
the owner pays it, that would be the same, in my estimation, as our
local municipality or township levying a ladder tax, simply because
they can pass it along to someone else. That does not make it right.
And, Madam Speaker, I think as we consider this Godshall
amendment, we should consider that many payments in lieu of
taxes are made by these amusement companies.
The last thing I would like to say is, I live 7 miles from the Ohio
line, and if 1was in the amusement business and I was looking at
opportunities to develop a business, I would look at this amusement
tax long and hard before I would choose to locate that business
here in Pe~sylvania.We know that tourism has come on board as
the second leading industry and will probably be the first leading
industry - the Governor has said that himself- by the year 2000,
and we need to take a look at other alternatives that our local
municipalities have when it comes to reducing a tax that has been
onerous to an entity that puts a lot of people to work and does in
effect pay a lot of other corporate taxes and a lot of other taxes to
these local municipalities.
I would urge that we support the Godshall amendment and we
reduce the amusement tax and we force our municipalities to enter
into other arrangements with these job providers so that they can
maintain their infrastructure and keep business here in
Pennsylvania. Thank you, Madam Speaker.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Allegheny County, Mr. DeLuca.
Mr. DeLUCA. Thank you, Madam Speaker.
Madam Speaker, would the maker of the amendment stand for
a brief interrogation?
The SPEAKER pro tempore. The gentleman, Mr. Godshall,
agrees. You may proceed.
Mr. DeLUCA. Madam Speaker, I am a little confused on this
amendment. You mentioned the fact that the facility would be
capped at $125,000. Am I correct?
Mr. GODSHALL. $125,000.
Mr. DeLUCA. $125,000.
And what happens when they reach $125,000? What happens
to the excess revenue?
Mr. GODSHALL. When they reach $125,000 -this is of tax
collected; this is $125,000, say, to the municipality and $125,000
to the school district - that would he the end as far as the
amusement tax would be concerned.
Mr. DeLUCA. But suppose you are pretty close to the $125,000
cap for both the school district and municipality, and you have a
busy season; it is a holiday, and you do a lot of business on a
holiday -take, for instance, an amusement park - and they collect
over the $125,000 for both the school district and the municipality.
There is no way of them tracking it. Who keeps the extra
LEGISLATIVE JOURNAL -HOUSE
revenue ? Suppose they collect maybe another $20,000 withim that
weekend or $30,000 within that weekend. Who keeps that
$30,000?
Mr. GODSHALL. Could you repeat that question?
Mr. DeLUCA. Suppose you had a busy weekend, and you have
got an amusement park, you have got a ski resort, and they are
pretty close to the limit, and there is no way of them keeping track
on that weekend, but suppose they take in maybe another $20,000
over and above the money, the $125,000 for the school district and
the municipality. Who keeps that $20,000?
Mr. GODSHALL. By law, the law requires them to collect
$125,000. That is collected right on the nose, or if it is not on the
nose, the amendment does not address, but it would be against the
law to continue to collect moneys once they have reached that
threshold.
Mr. DeLUCA. I understand the law, Madam Speaker, but I also
understand that when a business is busy, I am sure that they do not
have a running tab of how much amusement tax they have been
collecting, and if they overcollected, it is not their intent to violate
the law. But suppose they do collect another $15,000, $20,000.
Who keeps that revenue? They have no intent to break the law, but
that revenue is being collected on a busy weekend. Who keeps the
excess revenue ?
Mr. GODSHALL. The amusement facility would keep an
accurate count, which they do, of their tickets sold. Once they
reach a certain point - again, that is all I could say - once they
reach a certain point, they would not be collecting the amusement
tax, and you know, they are going to know at any time just about
where they are, because they keep running counts on a daily basis.
Mr. DeLUCA. So you are telling m e Mr. GODSHALL. After a certain point, the amusement tax
would not be collected. The answer is yes.
Mr. DeLUCA. I understand that. So you are saying they will be
running a computer there, telling them how much money they have
been collecting on the taxes, and that will be a running thing,
accounting measure, that when they get to the $125,000, they will
stop. Is that correct?
Mr. GODSHALL. That is correct.
Mr. DeLUCA. All right. Now, let me ask you also, as I read, on
page 2, subsection (2) here, line 21, am I missing something here
when it says, "...levy, assess and collect that tax at a rate not to
exceed for each amusement facility, the lesser of two percent or
one hundred twenty-five thousand dollars..."? Now, does that not
conflict with the beginning here, where you say the municipality
and the school district? Why are we saying "each amusement
facility" ?
Mr. GODSHALL. Because it is each amusement facility. There
could be three or four or five facilities paying the tax in a given
municipality. We are not saying that the municipality is cut off at
$125,000, but each person that is paying to the municipality is cut
off at $125,000. So the municipality could take in $1 million,
depending on how many people are paying in.
Mr. DeLUCA. Let me just- I guess I am a little confused, and
I guess I would imagine, the only way I would imagine these
facilities operate, they would have to have a computer, because if
they would not have a computer, there is no way of them tracking
this set amount of $125,000, and I guess that is what you are
alluding to, that they all have computers, I guess. Is that it?
If they have no computer, I do not know how they would be able
to track the amount of amusement tax that they are collecting,
unless they have a computer to have a running total.
Mr. GODSHALL. 250 tickets at 50 cents apiece is $125,000.
You know, most of us are not back in the Dark Ages. I would say
most of us are probably operating with computers these days. We
even have them in some of our offices.
Mr. DeLUCA. Just in finishing, Mr. Speaker, we addressed the
constitutionality of this legislation, but let me ask you, if I went to
an amusement facility in January and paid the 2 percent throughout
the month, bring my family and everything else and we paid the
2 percent, and, say, 4 months later they reached the cap and nobody
else has to pay the 2 percent, is that not unconstitutional under the
uniformity clause of the Commonwealth of Pennsylvania?
Mr. GODSHALL. We just voted on that, and the answer is no.
Mr. DeLUCA. Well, I understand that, but I would like you to
address the situation. I am not saying it is unconstitutional, but I
would like you to address the situation where I would pay in the
beginning and somebody else would not pay at the end.
The SPEAKER pro tempore. The Chair reminds the speaker
that the issue of constitutionality has been decided by the House.
Mr. DeLUCA. I am not questioning the constitutionality. I am
just hying to find out what happens in a situation like that - if
somebody else would not pay and the f m t person up front, the
unlucky person that utilized that facility for 4 months, he would
pay.
Mr. GODSHALL.The answer would be, if there were 250,000
tickets sold and the cap was $125,000 and the tax was 50 cents a
ticket, the first 250 would pay that e x m 50 cents. Anybody coming
thereafter would not.
Mr. DeLUCA. That is all. I want to thank the gentleman for his
cooperation. Thank you, Madam Speaker.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Schuyllcill County, Mr. Lucyk.
Mr. LUCYK. Thank you, Madam Speaker.
I would like to speak on this bill, please.
The SPEAKER pro tempore. You may proceed.
Mr. LUCYK. Thank you.
Madam Speaker, I think the original purpose of this bill was to
have the amusements in the municipality help the community and
the school districts pay for services above and beyond those
basically needed by the community with problems caused by an
amusement in that community and school district.
I do not think there is a problem in those areas where the
amusement and a municipality can sit down and talk and the
amusement sees the problems that they are causing to the
municipality and the amusement then says, well, we will help the
municipality defray the costs of those services you are providing
because of us being present in that municipality. I think the
problem arises where we see a ratio of payment above services
provided by the community; in other words, a windfall, where the
amusement tax is providing a windfall to the community and the
school district. This is when the operators of the amusement say,
hey, we are paying too much for the s e ~ c e you
s provide. I do not
think a problem exists where the local government, local school
district, an amusement park operator, or an amusement operator sit
down and say, look, let us work this thing out.
I think the problem is that the 10 percent is just too high in the
eyes of some operators who think they are being gutted by the
municipalities and the school districts in which they operate. I think
1918
LEGISLATIVE JOURNAL -HOUSE
by reducing the tax to 2 percent, bringing together the amusement
operator and the municipalities if their problem exists and saying,
let us sit down and work this out, both sides can win.
Madam Speaker, I ask that we support this measure. Thank you
very much.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Lackawanna County, Mr. Serafini.
Mr. SERAFINI. Madam Speaker, I had the experience of having
a concert promoter, who was using a baseball stadium built with
county and State funds, refuse to locate in our area because of a
10-percent amusement tax. That community lost that concert
promoter to another area. D e f ~ t e l ythis amusement tax is a
detriment to inviting business into an area that has, actually,
competition which is of a nonprofit nature.
In the area, not that I represent but the county that my district is
in, we have a ski slope that was paid for by State and Federal and
county money. We have a baseball stadium that is a nonprofit
because it was paid for by county funds and State funds. These
cannot be taxed. They are immune. This puts an unreasonable
burden on those for-profit industries that have to pay all their taxes
including an amusement tax.
I defmitely think the tax, the amusement tax, as it is assessed
currently, is regressive, and I really believe that this amendment
will promote more business, more jobs, and more active industry
in Pennsylvania. Thank you, Madam Speaker.
The SPEAKER pro tempore. We only have a few more speakers
on this amendment. Could we please have the attention of the
members and have some quiet, please.
The Chair recognizes the gentleman from Adams County,
Mr. Maitland, for the second time.
Mr. MAITLAND. Thank you, Madam Speaker.
I rise for the second time to again urge a ''no" vote on
amendment 4196.
One previous speaker stated that the ski resort in her area used
little to no municipal services. Well, I ask you, did they build their
own roads? Do they plow them and maintain themthemselves? Do
they pay for their own security force to investigatetraffic accidents
and complaints about stolen skis ?
The amusement tax is not a gross receipts tax. When attendance
falls, the amount of tax collected falls, but if you shift this tax to the
property owners, it will be with us forever.
I have supported many improvements to business' bottom line
over the years like electric choice, workers' compensation reform,
reductions in the corporate net income tax, and the capital stock
and a c h i s e tax, and regulatory reforms, and that has not cost the
constitnents in my dismct anything except maybe opportunity
costs, but if this proposal and the amusement tax will not help my
local economy, it will hurt the homeowners of my district,
especially senior citizens and the rest of the citizens of Adams
County.
So again, I urge a "no" vote on amendment 4196. Thank you,
Madam Speaker.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Bucks County, Mr. Wright, for the second time.
Mr. WRIGHT. Thank you, Madam Speaker.
First I have a question I would like to ask the maker of the
amendment.
The SPEAKER pro tempore. The gentleman, Mr. Godshall,
agrees. You may proceed.
NOVEMBER 17
Mr. WRIGHT. Somethingwas asked a little earlier that I did not
quite understand the answer, and I want to put the example out and
then ask the question. With the $125,000 cap - I will just throw out
an example, and the math may not work but I tbink everybody will
understand it - a company will determine what they expect the
attendance will be, if they expect they are going to approach the
maximum $125,000, and they will try to come up with a ticket
price, a surcharge on the bottom price, so that at the end of the
season it would roughly work out to $125,000. Now, what happens
if the season is very good, very good, and every customer who
walks in is paying- we will just throw a number out - 50 cents a
ticket. You know, that may not work out in math but just a number.
They are paying 50 cents a ticket, the very 1st customer of the
season, the 2 4 the 3d, the IOOth, the 1,00Oth, etcetera. But when
it gets to the end, when it gets to the end, as the people are lined up
in line - they have a few more weeks, let us say, of a season - is
there going to be a mechanism that when the $125,000 goal is
reached, then the very next customer, you say, hold it; even though
the sign says 50 cents, you do not have to pay it, sir, or ma'am,
your kids, or whatever, each day. And if they are not required to
pay it, then is it fair that the customer the day before paid the
admission, the amusement tax, but the customer today does not?
Mr. GODSHALL. Madam Speaker, is this aquestion?
The SPEAKER pro tempore. Would you please phrase it as a
question. This question has been asked before, I believe, but make
sure that it is in the form of a question.
Mr. WRIGHT. Yes. If before the season ends, if the amusement
facility has a surcharge on the bottom of a ticket and before the
season ends they reach their $125,000 goal, will they then cease
charging the next customers that surcharge?
Mr. GODSHALL. It is 2 percent they would be charging, and
the answer to that is yes, that is correct.
Mr. WRIGHT. So then if they are going to c o n t i n u e
Mr. GODSHALL. And I did answer that question before.
Mr. WRIGHT. Well, I did not say you did not. I just did not
understand it.
So if the next customer does not have to pay the surcharge, then
is that fair compared to the person who before him had to pay it?
Mr. GODSHALL. I am hoping that I am second in line. If you
are the last one, that means thatIf you are behind me, the
answer is, that is the way it goes. If I am behind you, that is the way
it goes.
Mr. WRIGHT. Okay. Thank you.
I do have some comments still on the bill.
The SPEAKER pro tempore. You may proceed.
Mr. WRIGHT. I am very much concerned in a big company that
-what I just alluded to -that they are not going to stop charging
the surcharge at the bottom of the ticket. It will be on the sign.
Their computer will still have it. They will still be collecting that
surcharge - 10 cents, 50 cents, $1, whatever it is even though
their liability at the end of the Season will only be at the max of
$125,000.
The question that was raised before said, well, okay, if they
overcollect, if they overcollect- they collected from people in this
room; you are long gone - what happens to that money they
overcollect? Do they get to keep it? Of course, the answer
received is, well, they will not overcollect, and I very much doubt
that. In this world of computers and whamot, even though they can
keep track of it, I cannot imagine in the middle of a season for the
very next customer they are going to say, no, you do not have to
-
1998
LEGISLATIVE JOURNAL -HOUSE
pay it, and I do not think that is fair that the person before him had
to pay it hut the person next does not.
We also heard a complaint that the way that this is shuctured, a
large business will reach their $125,000 limit faster than a little
guy. The "mom and pop" will eventually be paying their full
2 percent up to $125,000. The large business will pay the
$125,000, too, but it will not mathematically be 2 percent; it will
be a lot less: I think that is not fair either.
I am very much concemed that a little while ago we also opted
to take a particular business group, hotels, and we raised the tax
upon them in specifically one area. We heard that was the right
thing to do - raise the-tax on one specific group of businesses in
one particular area but yet not the rest of the State. It was the good
thing to do - competitive; it would help them. But yet we hear at
the same time we do not want to raise the tax here or we want to
reduce it because it hurts them. I think that is a problem. I think
there is a problem in the logic.
We also heard that far too often, with a lot of our amusements
and our recreational facilities, the amusement tax is not the
bottom-line factor of whether they have a successful year or not. In
many of our facilities, it is weather. There may be another factor;
maybe the road is closed out front. But it is not necessarily this tax.
We have heard from a lot of the businesses that they are not having
a problem, but they are actually expanding.
I was concerned when some of the businesses are telling me that
if they get this benefit, they are not going to reduce their ticket
prices. Now, if they are not going to reduce theirprices, how is this
a benefit to them? How is this going to help them competitively?
What I believe this amounts to is if they are going to keep the
bottom line, if they are going to keep this reduction, it helps their
profits; it helps their profits on the backs ofthe local taxpayers that
have to make this difference up.
One of my communities had agreed to a tax study, finally gave
in, willing to agree to a tax study to let that amusement park show
them how this tax hurts them. For the longest time, months and
months and months now, they have not even begun it, because they
really cannot prove it, but instead, they decided to bypass what they
were looking for and instead came to Hanisburg to walk the halls
to get it removed here because they could not prove to the local
community how this amusement tax is such a burden.
The facility in my area has a huge amount of cars, 1 million
customers a year. They clog my roads; considerable trash - the
streets that are the main roads that come in are all trash strewn drinking; beer bottles; noise; increased fue and police protection.
The community absorbs those costs. They use the amusement tax
to offset that.
And I want to point out, in my facility, 85 percent, I have been
told, 85 percent of the attendance is out-of-staters; 85 percent.
Now, what we are doing here today in this facility, we are saying
that currently 85 percent of the people that pay this tax are
out-of-staters, but we are saying that it is not right for them to pay;
it is not right for a New York City person to pay this tax. We
should pay it here; we should have our local residents pay it.
That is what you are saying. You are saying that it is not fair that
New York City people pay this price; it is not fair. It is more fair
to have our local residents pay it instead. I do not think that is right.
Act 50, which we passed last spring, deals with this tax. We
collectively decided on how to deal with this tax. This amendment
goes agahist everythmg you voted for here and starts to rip the guts
out of Act 50. Let Act 50 have a chance. Let us see if it work. If
1919
it does not work, we will come hack and change it, but do not rip
out this one provision. Act 50 was meant to assist the communities.
This amendment hurts the communities. This amendment only does
notAct 50 was meant to have property tax reduction. This
amendment is property tax- This increases the propem taxes.
This does not reduce it.
In the spirit of Act 50,I beg you to putthis bill off. I beg you to
vote "no" on this amendment.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Dauphin County, Mr. Buxton.
Mr. BUXTON. Thank you, Madam Speaker.
Madam Speaker, I would like to try to break this debate down
to some specific information. Forthe benefit of the members of the
House, the city of Harrisburg collects currently $368,000 a year on
this tax. Under this amendment, that tax would be cut in half, if not
more. What I would be saying to my constituents, if I wodd
support this amendment tonight, is that I am going to lower the tax
on those people coming into the city to special events at the sake
of raising your real estate tax to make up for the difference that this
will create in the city budget.
I believe this legislature should be embarrassed tonight to be
debating this issue while turning their backs on local tax reform.
This issue has been before this legislature for years. We
piecemealed it with Act 50 in the spring of this year. Now we are
saying tonight to our municipalities that the right you had to collect
an amusement tax for over 10 years is going to be diminished
because we believe that it affects small business in Pennsylvania,
but yet we lose sight of the fact that small business is not paying
that tax. The consumer who uses that faciiity pays the tax. We need
to address this issue in a holistic approach.This piecemeal that is
hitting our local governments year after year by diminishing their
ability to collect taxes and therefore passing it on to o h
constituents in the way of higher real estate taxes is not right.
You know, this amendment reminds me of the old saying, the
government giveth and the government taketh away. We gave local
governments the ability under Act 511 to collect this tax. Now,
tonight, we are telling our local governments we are going to
diminish your ability by 50 percent. If you are willing tonight to
vote for this amendment, whereby putting that additional expense
on your constituents by the way of higher real estates taxes, then I
would suggest you support it. Madam Speaker, I will not support
it.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Montgomery County, Mr. Godshall, for the second
time.
Mr. GODSHALL. If you bear with me for 30 seconds. The
room tax that we have in the city of Philadelphia, which we just
increased 1 percent, is not to be confused with the amusement tax.
The room tax in Philadelphia is competitive with all the major
metropolitan areas in this country. That is the room tax.
The amusement tax that we have in this State is not competitive.
Thirty-two States do not have an amusement tax, and if you believe
that there is no effect, then maybe somebody ought to talk to the
owners of the Phillies, who have threatened to -and that is not
from Philadelphia; the owners in Berks County - who have
threatened to move to another location because of one thing, the
amusement tax, which they have just been threatened with. You
know, it is a problem in this State. It is the major problem faced by
the tourism industry, and I ask for a favorable vote to my
amendment. Thank you.
1920
LEGISLATIVE JOURNAL -HOUSE
Chadwick
Clark
Cohen, M.
PARLIAMENTARY INQUIRY
The SPEAKER pro tempore. The Chair recognizes the
gentleman from York County, Mr. Stetler.
Mr. STETLER. Thank you, Madam Speaker.
A parliamentary inquiry, please.
The SPEAKER pro tempore. You may proceed.
Mr. STETLER. Thank you, Madam Speaker.
Madam Speaker, if one of the members here were to have a
vested interest in some of the issues being discussed that might be
affected by this legislation, should they recuse themselves from
voting on this amendment?
The SPEAKER pro tempore. If the gentleman is referring to the
fact that perhaps a member may be an owner of a bowling alley or
a golf course, the precedent has been set that, no, they do not have
to recuse themselves. They may be allowed to vote.
Mr. STETLER. Thank you, Madam Speaker.
Colafella
Corpora
COY
Dally
DiGirolamo
I
Baker
Bard
Barley
Battisto
Belardi
Belfanti
Bhelin
Bishop
Blaum
Boscola
Bunt
Butkovitz
Cam
casorio
Fargo
Feese
George
Giglioni
Gladeck
Godshall
Habay
Haluska
Hanna
Harhai
Harhan
Hay
Herman
Hmhey
Horsey
civm
Hutchinson
Clymer
Jaralin
Colaiuo
ComeU
Conigan
Cowell
Clyry
Daley
DeLuca
Dempsey
Dmody
DeWeese
Donamcci
Druce
Eachus
losephs
Kaiser
Keller
Krebs
Lawless
Ledem
LescoviQ
Markosek
Marsico
McGeehan
Sainato
Mcllhinney
Seyfert
Shaner
Miller
Mundy
Nailor
O'Brien
Oliver
One
Penel
Pesci
Petrarca
Pemne
Phillips
Pistella
Robinson
Roebuck
Rooney
Schuler
Scrimenti
Semmel
Dent
Kenney
LaGrona
Bebko-Jones
Benninghoff
Boya
Browne
Buxton
Caltagimne
Cappabianca
Carone
Fairchild
Fiehter
Fleagle
Flick
Forcier
Gmon
Geia
Gordoer
Gruitza
Gmow
Lynch
Maitland
Masland
Mayemik
McCall
Melio
Myen
~hkol
Olasz
P~DDV
Reinard
BILL PASSED OVER
The SPEAKERpro tempore. Without objection, SB 489 is over
for today.
Thomas
The members are advised there are no further votes for today
and tomortow is a token session.
sum
Tangreni
Taylor, J.
Travaglio
Trello
Trich
Van Home
Veon
I
I
Youngblood
HB 2667, PN 4144 (Amended)
Smith, B.
Snyder, D W.
Steelman
Stern
Taylor, E. Z.
Tipue
Vance
Vitali
Walko
Washinnon
By Rep. WOGAN
An Act regulating the use of certain infant cribs; providing a cause of
action; and imposing a penalty.
Wilt
Wogan
Zimmman
zug
BILLS REPORTED FROM CO.MMITTEES,
CONSIDERED FIRST TIME, AND TABLED
1
CONSUMER AFFAIRS
SB 962, PN 2292 (Amended)
Adolph
Barrar
Ryan,
Speaker
Smrla
waugh
Roberts
Sather
Schroder
Wojnaroski
Wright, M. N
Yewcic
The SPEAKER pro tempore. The gentleman, Mr. Civera,
announces a meeting of the Professional Licensure Committee in
the rear of the hall at the end of session.
Stevenson
Stritttnatter
Raymond
Reber
Rieger
Kirkland
Laughlin
Leh
Lloyd
Williams, C.
PROFESSIONAL LICENSURE
COMMITTEE MEETING
Stetler
True
Tulli
Lucyk
Maher
Major
I
Smith, S. H.
Staback
Stairs
Steil
Plam
heston
Ramos
Levdansky
Manderino
Ross
Saylor
Serafini
McNaughton
Michlovic
Micozzie
Iadlawiec
James
Rahrer
Rubley
Santoni
On the question recurring,
Will the House agree to the bill on third consideration as
amended?
McGill
McIlham
ltkin
The majority having voted in the affirmative, the question was
determined in the affirmative and the amendment was agreed to.
The following roll call was recorded:
Egolf
Evans
Hess
NOT VOTING1
Cohen, L. I.
On the question recurring,
Will the House agree to the amendment?
Allen
Argall
Armmong
NOVEMBER 17
By Rep. WOGAN
An Act amending the act of November 17, 1982 (P.L.676,
No.192),
entitled Manufactured Housing Construction and Safety Standards
Authorization Act, adding definitions;further providing for manufactured
home standards; providing for installation of manufactured homes;
establishing additional fees; establishing the Industrialized Housing
Account; and further providing for labeling requirement and for
administration of act.
CONSUMER AFFAIRS.
LEGISLATIVE JOURNAL -HOUSE
1998
SB 1495, PN 2115
By Rep. CLYMER
An Act authorizing and directing the De~arunentof General Services.
with the approval of thc Governor, 6 sell add convey to Janitors Supply;
Inc., certain land slruate in the Ciry of Erie, Eric Counry, Pennsylvan~a.
STATE GOVERNMENT.
SB 1529, PN 2291 (Amended)
By Rep. CLYMER
1921
SB 1495;
SB
~- 1529:
HB 2667;
SB 962; and
SB 619.
On the question,
Will the House agree to the motion ?
Motion was agreed to.
An Act authorizing and direcMg the Depamnent ofGene4 Senices,
with the approval of the Governor and the Department of Conservation
SENATE MESSAGE
and Natural Resources, to sell and convev to Stewardson Townshin. a
certain wct of land situate in the ~ownshi~bf
~tewardson,~ o n e r c o u b ~ ,
AMENDED HOUSE BILLS RETURNED
Pennsylvania; authorizing and directing the Depamnent of General
FOR CONCURRENCE AND
Services. with the a~moval
.. of the Governor, to ~urchasecertain tracts of
REFERRED
TO COMMITTEE ON RULES
land si&te in Bcnner Township, Centre ~ o k t y Pennsylvania;
,
and
authorizing and drecring the Department of General Services, wirh the
a~vrovalof the Governor, to convey to the Centre County Solid Wasre
The clerk of the Senate, being introduced, returned Hi?1020,
~ithority certain tracts of land situate in college Township,
PN
4122; and HB 1628, PN 4055, with information that the Senate
Centre County, Pennsylvania
has passed the same with amendment in which the concurrence of
the House of Representatives is requested.
STATE GOVERNMENT.
VOTE CORRECTION
BILLS SIGNED BY SPEAKER
The SPEAKER pro tempore. For what purpose does the
gentleman, Mr. Eachus, rise?
Mr. EACHUS. Madam Speaker, in order to correct the record.
The SPEAKER pro tempore. The gentleman may proceed.
Mr. EACHUS. Thank you very much.
I was recorded as not voting on HB 1040, amendment A4392,
sponsored by Representative Coy. I would like to be voted in the
afXmutive.
The SPEAKER pro tempore. The gentleman's remarks will be
spread upon the record.
Mr. EACHUS. Thank you.
Bills numbered and entitled as follows having been prepared for
presentation to the Govemor, and the same being correct, the titles
were publicly read as follows:
The SPEAKER pro tempore. For the information of the
members, for those of you who did not hear me, tomorrow is a
nonvoting day.
An Act amending the act of December 5, 1972 (P.L.1280, No.284),
entitled Pennsylvania Securities Act of 1972, further providing for
definitions: further orovidine. in the securities area. for reeistration. for
exemption;, for rcisuationb coordmanon, for registration in gen;il,
for reg~swtionsanctions, for rccords and for retroactive re@smtion;
provi&ng for Federally covered securities; furtber providing, in the area
of broker-dealen, agents and investment advisers, for registration, for
exemptions, forregisUation procedure, forposagiskation procedure, for
registration sanctions; further providing for prohibitions, for contract
requirements and for misrepresentations; providing for school district
prohibitions; further providing for civil liability, for enforcement, for
investigations and for criminal penalties; providing for barring activities
and for rescission; further providing for fees, for assessments, for
administrative files, for powers of the Pennsylvania Securities
Commission and for regulations and orders; and canceling Federal
preemption.
BILL REPORTED FROM COMMITTEE,
CONSIDERED FIRST TIME, AM) TABLED
By Rep. CNERA
SB 619, PN 2288
An Act amending the act of July 9, 1987 (P.L.220, No.39), entitled
Social Workers' Practice Act. further ~rovidinefor the short title. for
legislative intent, for definitions, for licensurc, for the liccnsing ag;ncy
and its functxons, for liccnsurc qualifications and procedure and for
examination exemptions; providing for examinations: further providing
for reciprocity, for license sanctions, for license reinstatemenf for multiple
licensure, for nomenclamre and for license renewal; providing for
disclosure and for referral; and making an appropriation.
-
PROFESSIONAL LICENSURE.
BILLS REMOVED FROM TABLE
The SPEAKER pro tempore. The Chair recognizes the
majority leader, Mr. Perzel.
Mr. PERZEL. Madam Speaker, I move that the following bills
be removed from the table:
An Act amending the act of July I I, 1996 (P.L.677, No. 116),entitled
Infrasmcture Development Acr, expanding the Infastructure
Development Rogram to include projects located on long-term vacant
commercial sites; and providing for job retention.
-
Whereupon, the Speaker pro tempore announced that the
Speaker, in the presence of the House, had signed the same.
RECESS
The SPEAKER pro tempore. The House stands in recess until
the call of the Chair.
1922
LEGISLATIVE JOURNAL -HOUSE
AFTER RECESS
The time of recess having expired, the House was called to
order.
THE SPEAKER (MATTHEW J. RYAN)
PRESIDING
BILLS AND RESOLUTIONS PASSED OVER
The SPEAKER. Without objection, all remaining bills and
resolutions on today's calendar will be passed over. The Chair
hears no objection.
ADJOURNMENT
The SPEAKER. Does the majority leader or minority leader
have any business in the Tuesday session left undone?
Hearing none, the Chair recognizes the gentleman from
Luzerne County, Mr. Eachus.
Mr. EACHUS. Mr. Speaker, I move that this House do now
adjourn until Wednesday, November 18, 1998, at 11 a.m., e.s.t.,
unless sooner recalled by the Speaker.
On the question,
Will the House agree to the motion?
Motion was agreed to, and at 1159 p.m., e.s.t., the House
adjourned.
I
I
NOVEMBER 17