COMMONWEALTH OF PENNSYLVANIA1984/06/27 · VROON, OLASZ, BURD and MclNTY RE An Act amending Title...

COMMONWEALTH OF PENNSYLVANIA

WEDNESDAY, JUNE 27, 1984

SESSION OF 1984 168TH OF THE GENERAL ASSEMBLY No. 52

HOUSE OF REPRESENTATIVES The House convened at 1 1 a.m., e.d.1.

T H E SPEAKER (K. LEROY IRV1S) IN THE CHAIR

PRAYER

REV. DR. DAVID R. HOOVER, chaplain of the House of Representatives, from McConnellsburg, Pennsylvania, offered the following prayer:

Most Holy and Glorious Lord God, Thou great architect o f Heaven and Earth, who art the giver of all good gifts and graces and bast promised that where two or three are gathered together in Thy name Thou wilt be in the midst of them. In Thy name we assemble and beseech Thee to bless the work of our hands and establish Thy kingdom in the hearts and minds of each one o f us.

Help us t o know Thee and serve Thee in daily actions. May all our doings tend to Thy glory and the salvation o f our souls, and may Thy name forever be honored, praised, and glorified. Amen.

PLEDGE OF ALLEGIANCE

(The Pledge o f Allegiance was enunciated by members.)

An Act amending the "Steel Products Procurement Act," approved March 3, 1978 (P. L. 6, No. 3) . requiring that the seller or supplier of steel products in a contract with a public agency, document that the steel was made or produced in the United States.

Referred to Committee on STATE GOVERNMENT, June 27, 1984.

No. 2344 By RepresentativeCOLE

An Act declaring and adopting the song "Pennsylvania," music and lyrics by Ray Owen, as the State song of the Common- wealth of Pennsylvania.


No. 2345 By Representative COLE

An Act declaring and adopting the song "Pennsylvania," music and lyrics by J . W. Yoder, as the State song of the Com- monwealth of Pmnsylvania.


No. 2346 By Representatives GAMBLE and LAUGHLIN

An Act amending Title 66 (Public Utilities) of the Pennsyl- vania Consolidated Statutes, providing for water line extensions.

Referred to Committee on CONSUMER AFFAIRS, June 27. 1984.

FILMING PERMISSION GRANTED No. 2347 By Repre~entatives REINARD, MORRIS,

The SPEAKER. Mackenzie Carpenter of Public TV is being given the privilege of televising on the floor o f the House.

JOURNAL APPROVAL POSTPONED I The SPEAKER. Without objection, the Journal for

Tuesday, June 26, 1984, not yet being in print, the approval of the Journal will be postponed until that Journal is in print, and the Chair hears no objection thereto.

HOUSE BI1,I.S INTRODUCED A N D REFI.CRRI.:D

No. 2343 By Representatives CALTAGIRONE, GRUPPO, AI.DERETTE, COI.AFELI.A, . I . I.. WRIGHT. MISCEVICH. TELEK. . - I:. E. TAYLOR and BOOK

GALLAGHER, ARTY, NOYE, GEIST, GREENWOOD, HERMAN, SEMMEL, HERSHEY, COI-AFELLA, CIVERA, MICOZLIE. PRATT. SHOWERS. E. Z. TAYLOR, SALVATORE, ITKIN. SlRlANNl and MclNTYRE

An Act amending the "State Highway Law," appro\'ed June I , 1945 (P. L . 1242, No. 428), requiring \\ritten notification prior to performing certain work.

Referred to Cornmittre on TRANSPORTATION,

No. 2348 By Representatives WACHOB and LETTERhlAN

An Acl probiding for a five-year hralth xrccning program in the arca exposed lo risk by the upurations ofthc Kilsdonk Chemi- cal Conloan,. the Urakc Chemical C o m ~ a n s , and the American . . . . Color and Chcrnic:~l Coinpany in L.ock Haven, Clinton County; and rnahinf an appropriation.

1640 LEGISLATIVE JOURNAL-HOUSE JUNE 27,

No. 2349 By Representatives SPENCER and RAPPAPORT

Referred to committee on APPROPRIATIONS, June 27, 1984.

An Act amending Title 49 (Mechanics' Liens) of the Pennsyl- vania Consolidated Statutes, adding provisions relating to mechanics' liens; and making repeals.

viding for the allowable percentage of real property tax rebate or rent rebate; and further providing for a homestead exemption.

Referred to Committee on JUDICIARY, June 27, 1984

No. 2350 By Representatives PHILLIPS and SHOWERS

An Act authorizing and directing the Department of General Services and the Department of Agriculture with the approval of the Governor t o convey to Lifecare Associates, lnc., a tract of land and the buildings erected thereon in Penn Township, Snyder County.


No. 2351 By Representatives STEIGHNER, JAROLIN, GEIST, HUTCHINSON. F. E. TAYLOR, LESCOVITZ, VAN HORNE, HALUSKA, KLINGAMAN, GODSHALL, PISTELLA, BELFANTI, McCALL, MORRIS, KASUNIC, TELEK, TRUMAN, PRESTON, WOZNIAK, CLARK, WILSON. VROON, OLASZ, BURD and MclNTY RE

An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statutes, placing limitations on the use of speed timing devices.

Referred to Committee on TRANSPORTATION, June 27, 1984.

No. 2352 By Representatives TRELLO, PETRONE, SEVENTY, D. R. WRIGHT, F. E. TAYLOR, ALDERETTE, CIVERA, PETRARCA, FEE, DEAL, CESSAR, HARPER, VAN HORNE, PRATT, MERRY, KUKOVICH, OLASZ, DUFFY, DeLUCA, PRESTON, WOGAN, TELEK, HALUSKA, MAYERNIKand MclNTYRE

An Act amending the "State Lottery Law," approved August 26, 1971 (P. L. 351, No. 91). providing for homesteading exemp- tions for certain persons.

Referred to Committee on FINANCE, June 27, 1984.

No. 2353 By Representatives TRELLO, PETRONE, SEVENTY. D. R. WRIGHT.

Referred to Committee on FINANCE, June 27, 1984

No. 2354 By Representatives TRELLO, COLAFELLA, PETRONE, GRUPPO, MORRIS, WIGGINS, DEAL. PRATT. DALEY, HALUSKA, PETRARCA, CIVERA, E. Z. TAYLOR, PRESTON, ALDERETTE, SALVATORE, MARKOSEK, SEMMEL and MAYERNIK

An Act amending the "Tax Reform Code of 1971," approved March 4, 1971 (P. L. 6, No. 2). further providing for exclusions from the tax for education.


No. 2355 By Representatives TRELLO, PETRONE, BELOFF, WILSON. DeLUCA, WOGAN, OLASZ, LASHINGER, KOSINSKI, PETRARCA, DEAL, HALUSKA, PRESTON, DALEY, SEVENTY, SALVATORE and COLAFELLA

An Act amending the "Pennsylvania Urban Mass Trans- portation Law," approved January 22, 1968 (P. L. 42, No. 8), further providing for grants for transportation.


No. 2356 By Representatives TRELLO, PETRONE, BELOFF, WILSON, DeLUCA, WOGAN, OLASZ, LASHINGER, KOSINSKI, PETRARCA, DEAL, HALUSKA. PRESTON, DALEY, SEVENTY, SALVATORE and COLAFELLA

An Act amending the "State Lottery Law," approved August 26, 1971 (P. L. 351, No. Y I ) , further providing Tor the use of funds.

Referred to Committeeon FINANCE, June 27, 1984.

No. 2357 By Representatives TRELLO, PETRONE, BELOFF, WILSON, DeLUCA, WOGAN, OLASZ, I.ASHINGER, KOSINSKI, PETRARCA, DEAI.. HALUSKA, PRESTON, DALEY, SEVENTY, SALVATORE and COLAFEL.LA

An Act amending the "Pennsylvania Rural and Intercity Common Carrier Surface Transportation Assistance Act," approved February 1 1 , 1976 (P. L. 14, No. 101, further providing for grants for transportation; and making an editorial change.

Referred to Committee on FINANCE. June 27. 1984.

lVlCllV 1 Y K t I KIJNGAMAN, GODSHALL.. blcVERRY,

F' E' C'VEKA' PETRARCA, FEE. DEAL, CESSAR, HARPER, VAN HORNE, PRATT, OLASZ, DUFFY. DeLUCA, PRESTON, WOGAN, TELEK, HALUSKA, MAYERNIK and . , ...-..--

An Act amending the "Senior Citizens Rebate and Assistance Act," approved March 11, 1971 (P. L. 104, No. 31, further pro-

No. 2358 By Repre~entatlves SAURMAN. NAHILL, REBER, SALVATORE, BUNT, PUNT, MILLER, GEIST, McCLATCHY, CESSAR, VROON, HAGAKTY, BOYES. WOGAN, FLICK, CIMINI, GREENWOOD,

NOYE. E. Z. TAYLOR, HERMAN, CIVERA, MORRIS, J . L. M'RIGHT.

1984 LEGISLATIVE JOURNAL-HOUSE 1641

PRESTON, FATTAH. SIRIANNI, KOSINSKI, HERSHEY, BOOK, MERRY, KASUNIC. FISCHER, COLAFELLA, PRATT, D. W. SNYDER, MAIALE, SEMMEL and ALDERETTE

An Act amending Title 75 IVehlcles) of the Pennsylvania Con- solidated Statutes, providing for the use of certified mail for notice of department action.

Referred t o Committee on TRANSPORTATION, June 27, 1984.

N o . 2359 By Representatives SAURMAN, CIMINI, BOYES, KLINGAMAN, GODSHALL, McVERRY. NOYE, E. Z. TAYLOR, HERMAN, CIVERA, MORRIS, J . L. WRIGHT, PRESTON, FATTAH, SIRIANNI, KOSINSKI, MICOZZIE, HERSHEY, BOOK, MERRY, KASUNIC, FISCHER, COLAFELLA, PRATT, GREENWOOD, SALVATORE, VROON. MAIALE, SEMMEL and ALDERETTE

An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statules, providing for notice of pendine revocation of habitual offender's licenses.

Referred t o Committee on TRANSPORTATION, June 27, 1984.

No. 2360 By Representatives SAURMAN. NAHILL, VROON, HAGARTY, BOYES, CIMINI, McVERRY, NOYE, E. Z. TAYLOR, HERMAN. CIVERA, J . L. WRIGHT,

WOZNIAK, BALDWIN, MOEHLMANN, COSLETT, B. SMITH, COWELL, CIVERA, GLADECK and SALOOM

An Act amending the "Tax Reform Code of 1971," approved March 4, 1971 (P. L . 6, No. 2), reducing the rate of corporate net income tax.

Referred to Committeeon FINANCE, June 27, 1984.

N o . 2362 By Representatives CIVERA, ARTY FREIND, MICOZZIE, SPlTZ and DURHAM

An Act amending Title 66 (Public Utilities) of the Pmnsyl- vania Consolidated Statutes, providing for the use of school buses by senior citizens.

Referred to Committee on CONSUMER AFFAIRS, June 27. 1984.

HOUSE RESO1,UTION INTRODUCED AND REFERRED

No. 248 By Representatives STEVENS, BALDWIN, GODSHALL, HASAY, SERAFINI, WOGAN, FARGO, TELEK, HALUSKA, KOSINSKI, JAROLIN, MERRY, E. Z. TAYL.OR. BUNT. BOWSER and OLASZ

Directing the Attorney General to review the legality of the quota system which guarantees minority hirings and pio~notions wirhin the Pennsylvania State Police as a result of a recent decision of the Uni~ed Stales Suprcme Court and as i t relates to veter- ans.

PRESTON. FATTAH, SIRIANNI, MICOZZIE, HERSHEY, BOOK, FISCHER, Referred lo Committee on RULES, June 27, 1984

COLAFEI.1.A and ALDERETTE

An Act authori~ing the indcbtedneis, with the approval ofthe electors, of $30,000,000 for loans to libraries for the purpose of establishing or modernizing facilities and for purchasing books and other library materials and equipment.

Referred to Committee on APPROPRIATIONS, June 27, 1984.

N o . 2361 By Representatives LETTERMAN, GEORGE, PISTELLA, TIGUE, LIVENGOOD, PITTS, COY, MORRIS, DUFFY, FARGO. BATTISTO, J . L. WRIGHT, COLE, PHILLIPS, PETRARCA, MADIGAN, MACKOWSKI, RUDY, SEMMEL., POTT, BLAUM. ALDERETTE, NAHILL, STAIRS, PUNT, CORNELL, OLASZ, STUBAN, DOMBROWSKI. LUCYK. SHOWERS. MERRY, LESCOVITZ, BURD, HERMAN, GRIECO, CIMINI, CiEIST, GODSHALL, HASAY, E. Z. TAYLOR, WASS, HERSHEY, W. W . FOSTER, SCHEETZ, BOYES, GRUPPO, MARKOSEK, BUNT. ROBBINS, MAYEKNIK, D. R. WRIGHT.

SENATE MESSAGE

AMENDED HOUSE BILL RETURNED FOR CONCURRENCE

The clerk o f the Senatc, being introduced, returned HR 537, Plr; 3293, with information that the Senate has passed the same with amendmen1 in which the concurrence of the House of Representatives is requested.

AIjDITIONS AN11 DEI.ETIONS OF SPONSORS

The SPEAKER. The Chair acknowledges receipt from the majority leader of various additions and deletions to the spon- sorships o f bills, uhicli the clerh will file.

The follouing list of addilions and deletions was submit- ted:

ADDITIONS: HB 1292, Mrhonic: H B 1823, Fee: HB 1946, Kasunic,

Steighner; HB 2035, Alderette; HB 2287, Dombrowski; HB 2299, Micovie; HB 2318, tireenuood, Caltagirone, E . 7. Taylor, Lashinger; HB 2327, [thin, Salvatorc: HB 2328. Carn, Evans, William\. Picbshy, O'Donnrll. \Iachoh. Cohco; HR 241. Callafirone, C;rccnuood. lLa\hi~~pvr. C . %. Tablor; HR 245, Del.uca, Alderell?, R.la)crnih, Rlerry, Fi\clicr. Hernian, Itkin, Kaiunic.


WELCOMES

DELETIONS: H B 645, Van Horne; H B 1534, Van Horne; H B 2135, Van

Horne; H B 2225, Cannon.

The SPEAKER. The Chair is delighted t o welcome to the hal l o f the House Miss Heather Evans. She is here as the guest o f Reoresentative Stan Jarolin. Welcome to the hall o f the

STATE GOVERNMENT.

HB 2331. P N 3256 By Rep. O L I V E R A n Act authorizing and directing the Department o f General

House. The Chair welcomes t o the hal l o f the House, as the guests

o f Representative Bob Fl ick, his two sons, Chris and Mike, who are serving as pages today; and their friend, Kevin Esposito. Welcome to the f loor o f the House.

BILLS REPORTED FROM COMMITTEES, CONSIDERED FIRST TIME, AND

RECOMMITTED TO COMMITTEE ON RULES

HB 204, P N 3315 (Amended) By Rep. O L I V E R

A n Act relating to the conducting and operating o f small games o f chance by nonprofit associations; providing for license fees and their disposition; imposing duties on county treasurers and district attorneys; prescribing penalties; and repealing incon- sistent acts.

S T A T E G O V E R N M E N T .

HB 225, PN 3316 (Amended) By Rep. K O W A L Y S H Y N

A n Act providing for reimbursement by insurance companies and others for outpatient cancer chemotherapy and hormone treatment.

INSURANCE.

HB 895, P N 1019 By Rep. RAPPAPORT A n Act amending Title 42 (Judiciary and Judicial Procedure)

o f the Pennsylvania Consolidated Statutes, providing a defense against civil and criminal liability for certain telephone companies.

J U D I C I A R Y .

HB 1971. P N 2648 By Rep. RAPPAPORT A n Act amending the "Constable Fee L.aw," approved July

20, 1917 (P. L. 1158, No. 401). further providing thr mileage o f constables.

J U D I C I A R Y

HB 2281, P N 3186 By Rep. OL IVER A n Act des~gnating a dam in Allentown. Lehigh County, as

the Samuel W. Frank Memorial Dam.

S T A T E G O V E R N M E N T .

HB 2321, P N 3230 By Rep. OL IVER A n Act amending Title 71 (State Govcrnn~cnt) o f the Pcnnsyl-

vania Consolidated Statutes, authorizing the Pennsylvania Statc Employees' Retirement System to participate in limited partner- ships and separate accounts and specifyinf i t s authority for venture capital inve~tments.

Services, with the approval o f the Governor and the Department o f Public Welfare, to convey a tract o f land to the Fraternal Order o f Police, Lodge 5 o f Philadelphia, situate in the City and County o f Philadelphia, Pennsylvania.

STATE GOVERNMENT.

BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

SB 299, PN 503 By Rep. RAPPAPORT A Joint Resolution proposing an amendment to the Constitu-

tion o f the Commonwealth o f Pennsylvania, permitting the use o f suppressed voluntary admissions or confessions to impeach a defendant's credibility.

JUDIC IARY.

SB 1079, P N 2200 (Amended) By Rep. RAPPAPORT

A n Act amending Title 20 (Decedents, Estates and Fiduciaries) o f the Pcnnsylvania Consolidated Statutes, adding a provision relating to the transfer o f property to fiduciaries; changing provisions relating to investrnent~ by fiduciaries; clarifying the method o f payment when the Commonwealth i s inti-\tatc heir; authorir- ing acknowledgments o f self-proved wills to he taken before an attorney and then certified by him to a notary; modifying the duty o f a personal representative regarding inventories; authorizing the annexation o f a copy o f certain other accounts to an account of the administration o f the estatc; making the time for advertisement o f accounts four weeks in all cases; providing that the account o f the personal representative be filed with the clerk; adding a rule of will interpretation regarding nonademption and attorneys-in-fact; providing that a personal representative i s not liable for continued distribution in the same pattern after a change in law; amending pro\isions relating to disclaimers; and making technical changes and repeals.

JUDIC IARY.

SB 1190, PN 1936 By Rep. RAPPAPORT A n Act amending Titles 18 (Crimes and Offenses) and 42

(Judiciary and Judicial Procedure) o f the Pennsylvania Consoli- dated Statutes, further providing for the offense o f cruelty to animals and disposition o f certain fines.

JUDIC IARY.

MASTER ROLL CALL RECORIIED

The SPEAKER. The Chair i s about t o take up the master ro l l call for today. Member5 wil l proceed t o \o le.

The following ro l l call was recorded:

Aiflcrbach Aldcrctle Angstad1 Arn~\lrosg Arty Balduin Barber Bslli,lu Belard, Rcltanti


Blaum Gallagher Manderino Showers I T h e Cha i r recognizes the gent leman f r o m Bucks, Mr. Ga l l - Book Bower Bayea Brandt Broujos Bunt Burd Burns

Gallen Gamble Gannon Gelqr George Gladeck Godihall Greenuood

Manmiiler Siiianni Markosek Sm~th, B. Mayernik Smirh, I . E. Llerr) Snyder. D. \I;. Michloiic Snyder. G. hl. Micollie Spencer Miller Spit, hliscc\ich Slairs

Caltagirorle Grceco Moehlmann Sreighncr Cappabianca Giuirra Morris Steienr Carn Gruppo Mowcry Sleharl Cawley Hagarty Mrkonic Sruban Cessar Halurka M u r n h ~ Sweet Ccm~ni Civera Clark Clgmer Cahen Colafella Cole Cordihco Corncll Cailcll Couell Coy Deluca DeVeircr DcWeese Daley Davlr5 Dauida Dcal Dier? Dininni Dombrowiki Dorr Duffy Durham Evans

. . Harper Nahill Hasay Nojc Hayer O'Brien Hcrman O'Donnell Hcrchey Oiasr Honaman Olirei Hulchinson Pericl l lkin Pelerron Jsckwn Petrarca Jarolin Pctronr Johnson Phillip, Karunic Piccola Kennedy Pievsh) Klingatnan Pirlella Kusinshi Pills Koualyrhyn Pott Kukobich Pratt Larhingcr I'rerron Laughlin Pun1 Lrhr Rappaport l.e

1644 LEGISLATIVE JC

Deluca Klingaman Pi l ls Weston DeVerter Kai inrk i Pott Wiggin, DeWeese Kawalyrhyn Prau Williams Daley Kukabich Preston NriI5on Dawida Lashinger Pun1 Wogan Deal Laughlin Rappaport W o ~ n i a k Dietr Lchr Reher Wright, D . R. Dininni L.escovitl Keinard Wright. J. L . Domhmu.5ki Letterman Kichardson Wright. R. C. Dorr Levi Rieger Zwikl Duf f ) Levin Robbins Durham Linron Rudy Irvis, Evan5 Livengood Ryan Speaker Fargo Lloyd

N A Y S - 0

NOT V O T I N G - 2

Da\ies Mircevich

E X C U S E D - 4

Donarucci Hoeffel Mcln1)re Marmion

T h e m a j o r i t y r e q u i r e d b y t h e C o n s t i t u t i o n h a v i n g v o t e d in t h e a f f i r m a t i v e , t h e q u e s t i o n w a s d e t e r m i n e d in t h e a f f i r m a -

t i v e .

O r d e r e d , T h a t t h e c l e r k r e t u r n t h e s a m e t o t h e S e n a t e w i t h

t h e i n f o r m a t i o n t h a t t h e H o u s e h a s passed t h e s a m e w i t h

a m e n d m e n t in w h i c h t h e c o n c u r r e n c e of t h e Sena te i s r e q u e s t e d .

* * *

T h e H o u s e p r o c e e d e d to t h i r d c o n s i d e r a t i o n of SB 1344, PN 1902, e n t i t l e d :

An A c t m a k i n g a p p r o p r i a t i o n s t o t h e D e p a r t m e n t o f G e n e r a l Services o u t o f v a r i o u s f u n d s for p a y m e n t o f r e n t a l charges t o t h e G e n e r a l S ta te A u t h o r i t y .

On t h e q u e s t i o n , Will t h e H o u s e a g r e e t o t h e bill on t h i r d c o n s i d e r a t i o n ? Bill w a s a g r e e d t o .

T h e S P E A K E R . T h i s bill h a s b e e n c o n s i d e r e d on t h r e e dif- f e r e n t d a y s and a g r e e d t o a n d i s n o w on f i n a l passage.

T h e q u e s t i o n is, s h a l l t h e bill pass f i n a l l y ? A g r e e a b l e t o t h e p r o v i s i o n s of t h e C o n s t i t u t i o n , t h e yeas

a n d n a y s w i l l n o w b e t a k e n .

Y E A S - 1 9 8

Afllerbach Fargo Lloyd Ryan Alderette Fattah Lucyk Rybak Angbladt Fee \lcCall Saloom Armstrong Fischer McClatchy Salvatore Ar ty Flick McHalc Saurman Baldwin Foster. W. W . McMonaele Schuclz Barbcr Battisto Belardi Belianti Blaum Book Bauier Boyer Brand, Broujos Bunt Burd Burns Caltagironc Cappabianca

Foster. J r . , A . Freeman Freind Fryer Gallagher Gallen Gamble Gannan Geir l George Gladeck Godshall Greenmood Grieco Gio i t /a

" McVerry Machowiki Madwan Maiale Manderino Manmiller Markowk Mayern~k Merry Michioi ic Mico>,ic Miller Zliscevich Moehimann Morris

Schulei Semmel Serafini Scventy Showers Sirianni Smith. B. Smith. L . E. Snydcr. D. W. Snyder, G . M . Spencer Sp i l l Sta~rr Stecghner Stetens

URNAL-HOUSE JUNE 27,

Carn Gruppo hloucry Steuarl C w l e y Hagarty Mr ian i c Stuhan C e r w Haluska Murphy Sweet Ciniini Harper Nahill Swift Cikera Hasay Noyc Taylor. E. 2 . Clark Hayes O'Brtcn Taylor. F . E. Clymer Herman O'Donncll Tc ie i Cohcn Hershey O l a v Tigue Colafella Honamarl Oliver Trello Cole Hutchincon Pcrlcl Truman Cordi\co I tkm Petrrron Van Horne Coinell Jackson Petrarca Vroon Coslett Jarolin Pelrone N'achoh Couell Johnion Phill ip\ Wamhach Coy Kaiunic Piccola Warga Deluca Kennedy Piev~ky Was5 DeVertei Klingan~an Piilella Weston DeWeeir Kosin5ki P i l l i Wiggin5 Daley Kowal?sh!n Pott Willlams Daviei kuko i i ch Pralt W ihon Dawhda Larhinger P r s ~ t o n Wogan Deal Lauehlin Punt Wozrllah Dictr Lchr Rappaport Wiiehr. D. R. Dininni Lescoiilr Reber Wrhght. J. L . Dombrowski Letterman Rcinsrd Wright, R. C. Durr Lcvi Richnrdmn Z \ ~ i h l Duff) Lcvin Rirgcr Durham Linton Robbin5 lrvis, Evans Li ienpood Rs~dy Speaker

N A Y S - 0

NOT VOTING-0

E X C L I S E D - 4

Danat~lcci Hoeffel I lc ln t ) rc hlarmion

T h e m a j o r i t y r e q u i r e d b y t h e C o n s t i t u t i o n h a v i n g v o t e d in t h e a f f i r m a t i v e , t h e q u e s t i o n w a s d e t e r m i n e d in t h e a f f i r m a - t i ve .

O r d e r e d , T h a t t h e c l e r k r e t u r n t h e s a m e t o t h e S e n a t e w i t h

t h e i n f o r m a t i o n t h a t t h e H o u s e h a s passed t h e s a m e w i t h o u t

a m e n d m e n t .

* * *

T h e H o u s e p r o c e e d e d t o t h i r d c o n s i d e r a t i o n of SB 1424, PN 2103, e n t i t l e d :

A n A c t p r o v i d i n g f o r t h e c a p i t a l budge t for t h e f i sca l year 1984-1985.

On t h e q u e s t i o n , Wi l l t h e H o u s e ag ree to t h e bill on t h i r d c o n s i d e r a t i o n ? Bill w a s a g r e e d t o

T h e S P E A K E R . T h i s bill h a s b e e n c o n s i d e r e d on t h r e e dif- fe ren t d a y s and a g r e e d t o and is n o w on f i n a l passage.

T h e q u e s t i o n is, s h a l l t h e bill pass f i n a l l y ? A g r e e a b l e t o t h e p r o v i s i o n s of t h e C o n s t i t u t i o n , t h e yeas

and n a y s w i l l n o w b e t a k e n .

Afflerbauh Alderelre Angsladt Armvrong Arty Baldwin Barber B a t t ~ ~ t o Beldrdi Belfanti

Fiichsr McCall Rybak Flick hlcClatchy Saloom FOSICT. W . W. McHale Salvatore Fo~ler , Jr.. A . McMonaylc Saurman Freeman McVrrr) Scheeu Freind Machou\ki Schulcr Fryer Madigan Semmel Gall.apher \ la~ale Seralini Gallcn *ilandcr~no Scvcnty Gambie Manmil lei Shoucri


Blaurn Gannan Markaiek Sirianni Book Geist Mayernik Smith. B. Bowier George Merry Smith. L . E . Boyes Cladeck Miehlovic Snyder, D. W . Brandt Godshall Micollie Snyder. G . M . Broujor Cieenuood Miller Spencer Bunt Grieco Miscevich Spitz Burd Gruitra Maehlmann Stairs Burns Gruppo Morris Stcighner Caltaeirone Hagarty Mower) Stcvens Cappabianca Haluska Mrkonir Steuart Carn Harper Murphy Stuban Cawley Hasay Nahill Swcet Cessar Hayes Noyc Swift Cimini Herman 0'Bri i .n Taylor. E . 2 . Civera Heishey O'Donnell Taylor. F. E. Clyrner Honaman Olarr Telck Cohen Hutchin$an Oliver Tigue Colafella Irkin Pcrzel Trcllo Cole Jackwn Pcterion Truman Cordisco Jarolin Petrarca Van Horne Coinell Johnson Petione Vrmn Corleti Kasunic Phillips Wachob Cowell Kennedy Piccola Wamhach Coy Kiingamsn Pievrky Wargo Deluca Kaiimki Pisrella Wai< DeVerter Kawalyihyn Pittc Weiton Dale) Kukovich Pot1 Wiggins Davies Lashinger Pratt Williams Dawida Laughlin Prccron Wilson Deal Lehr Punt Wogan Dietz Lcscoiitr Kappaport Worniak Dininni I.ertcrman Reber Wright. D. R . Dornbrowski 1.w Reinard Wright. J . L. Dorr Levin Richardson Wright, R . C. Dulfy Linton Rieger Zwikl Durham Livengood Robbinr Evans Lloyd R u d y lrvis, Fargo Lucyk Ryan Speaker Fee

NAYS-0

N O T VOTING-3

Ciark DeWeese Fatrah EXCUSED-4

Donatucci Hoeflel Mclntyre Marmion

T h e majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative.

Ordered, Tha t the clerk return the same t o the Senate with the informat ion that the House has passed the same without amendment .

BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND


HB 434, P N 3317 (Amended) By Rep. L A U G H L I N

An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further providing for the disallowance 01 certain advertising expenses from rate determinations.

C O N S U M E R AFFAIRS

- p ~ ~

BILLS REPORTED FROM COMMITTEES, CONSIDERED FIRST TIME, AND TABLED

SB 64, P N 64 By Rep. L A U G H L l N An Act amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, providing for audits of certain utilities.

CONSUMER AFFAIRS.

SB 1196, P N 1627 By Rep. L A U G H L I N An Act amending Title 66 (Public Utilities) o f the Pennsylvania

Consolidated Statutes, providing for rate communications to utility customers.

CONSUMER AFFAIRS.

SB 1329, P N 2201 (Amended) By Rep. L A U G H L I N

An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, prohibiting multiple filings; delining rate base; and regulating valuation.

CONSUMER AFFAIRS.

SB 1414, P N 2071 By Rep. MORRIS An Act amending the act o f September 20, 1961 (P . L. 1541,

No. 657), entitled, as reenacted and amended, "Pennsylvania Agricultural Commodities Marketing Act of 1968," providing for the establishment, without referendum, of a dairy products promotion program funded by voluntary contributions.

AGRICULTURE A N D RURAL AFFAIRS.

BILLS ON THIRD CONSIDERATION CONTINUED

T h e House proceeded t o third consideration of SB 1080, P N 2073, entitled:

An Act amending the act of November 30, 1965 (P. L. 847, No. 356), entitled "Banking Code of 1965," providing clarification that affiliated banks may invest trust funds in each other's common trust o r collective investment funds; further providing for investments by institutions; further providing for powers and duties of savings banks; and further providing for powers and duties of boards o r committees of institutions.

O n the question, Will the House agree t o the bill o n third consideration? Mr. DORR offered the following amendments No. A3341:

Amend Title, page I , line 20, by inserting after "BANKS;" further providing for names;

Amend Bill, page 4 , by inserting between lines 6 and 7 Section 5. Section 802(a) of the act is amended to read:

Section 802. Names Permitted to Be Used (a) The name of an institution:

(i) may be in any language but shall be expressed in English letters or characters;

(ii) in the case of a bank, shall,contain in English the word "bank" or "banking" and shall not contain either o f the words "trust" o r "savings";

(iii) in the case of a bank and trust company, shall contain in English one or more o f the words "bank", "banking". "trust" or "trusts", and shall not contain the word "savings";

(iv) in the case o l a trust company, shall contain in English the words "trust company" o r "company for trusts" and shall not contain any o f the words "bank", "banking" or "savings";

LEGISLATIVE JOURNAL-HOUSE JUNE 27,

Ivl in the case of a savines bank. shall contain in I The SPEAKER. T h e Chair thanks the gentleman.

, (viii) shall not contain any word which may deceptively

lead to the conclusion that the institution is authorized to perform any act o r conduct any business which it is not authorized to perform or conduct o r which is forbidden to it by law, its articles o r otherwise;

(ix) shall not contain any o f the words "Government", "Official". "Federal". "National" or "United States" o r

~ n ~ l / s h the words "[mutual] savings bank'; [and shall not] or "savings" and may contain the word "trust" if the savings bank acts in a fiduciary o r other representative capacity as authorized in Chapter 4 o f this act;

(vi) in the case o f a private bank, shall contain in English the words "private bank" o r "unincorporated bank" and shall not contain either of the words "trust" or zL~211inn~3s.

any abbreviation of any such word: and (n) shall not be a name which would be unavailable for

- O n lhequestion recurring, Will the House agree t o the amendments?

The following roll call was recorded:

YEAS-192

Afflerbach Fee McClatchv Saloom

. . use by a business corporation under section 202(B) of the Business Corporation Law (dealing with names the same as, o r deceptively similar to, certain other names). * * * Amend Sec. 5 , page 4, line 7, by striking out "5" and insert-

ing 6

Amend Sec. 6 , page 4, line 22, by striking out "6" and inserting

7 Amend Sec. 7, page 5, line 4, by striking out "7" and insert~

ing 8

Amend Sec. 8, page 6 , line 29, by striking out "8" and inserting

9 Amend Sec. 9, page 7, line 8, by striking out "9" and insert-

ing 10

Amend Sec. 10, page 7, line 28, by striking out "10" and inserting

I I

O n the question, Will the House agree to the amendments?

T h e S P E A K E R . O n that question, the Chair recognizes the gentleman f rom York, Mr. Dorr .

Mr. DORR. Mr. Speaker, in the Banking Code we provide that a savings bank must use in its title the term "savings bank." This amendment would add to that provision that a savings bank may use the word "savings," simply "savings," a n d no t include "bank" in that title.

A specific example, Mr. Speaker, is the Pennsylvania Savings Fund Society, for example, which does not use the term "bank" in its title. This simply allows them t o d o that. A n d it adds further that where the word "trust" is included in the title of a savings bank, that bank must have the fiduciary capacity under the banking law in order t o d o so.

T h e S P E A K E R . T h e Chair thanks the gentleman. T h e Chair recognizes the gentleman from Fayette, Mr.

Taylor, o n the amendment . Mr. T A Y L O R . Thank you, Mr. Speaker. I agree with the gentleman's explanation of the amendment

a n d would urge a positive vote.

Alderette Angstadr Armstrong Arty Baldwin Barber Battisro Belaidi Belfanli Blaum Book Bauser Bayes Brandt Broujoi Bunt Burd Burnc Callagirone Cappab~anca Can,ley Cessar Cimini Civera Clark Clymer Cahen Colafella Cole Cordirca Cornell Coslerl Cauell Coy Deluca DeVertei Dc\Veese Daley I)aiie( Damida Deal Diet/ Dininni Dombrow,kc Uorr Uufl'y Ilurham 1:argo

Fircher Flick Foster. W. W . Foster, J r . , A . Freeman Freind Fryer tiallaehcr tiamb'lc Gannon tieisr Gcoige Cladeck Gadshall Greenwood Grieco Gruitza tiruppo Hagarty Halurka Harper Haiay Hayer Herman Herhhcy Honaman Hutchinson I t k i n Jackson Jarolin Johnson Kawnic Kennedy hllngamsn Kosin\ki K~walyshyr, Kuko~ich Lashinner 1.asehtin Lehr Lercovilz 1.rtlermao Levi Levm Likengood Lloyd Lucyk hlcCal1

McHalc Salvatore McMonagle Sauiman McVeri y Scheet? Ilackawski Schulcr Msdigan Semmel Maiale Serafini Manderino Sebenty Manmiller Shouers hlarkoreh hlayernik Merry hlichlovic hlicorrie Miller hlisce\ich Moehlmann hlorrl, hlouerp Mrkanic llurphy Nahill Noye O'Brien O'Donnell Olau Oliier Pei~el PcIc~,"" I'ctrarca Pelronc Phillcps Piccola Pieirk? Pistclla Pills Poit Pratr Pre

LEGISLATIVE JOURNAL-HOUSE

Will the House aeree to the bill on third consideration as T Belardi Freind Mackowrki Seventv ~~~ . ~ ~ - - - - ~ - ~

~ - amended?

Mr . DORR offered the following amendment No. A3457:

Amend Sec. 1 (Sec. 31 I), page 2, line 20, by inserting after "ISSUER," anJ tor purpa,w\ 01' 1111, l~t~i . l . i t~~)r> 1 1 c \l~.ar? .>nncd h! ,111 !he -. - a&utc\ ,& .I l ' c n n ~ ! l ! , l ~ ~ . H u h I ldlJ~n; ( ' ~ ~ ~ l l p ~ l ~ l ~ ~ ~ h . ~ ~ l hc dugrcyaled 1,) JL.I$!IIIIII~ I%III.IIICI I I I C ten . pc,.?!l( I.nlilst..~ll 1 , r a ~ l ~ ? J ,

O n the question, Will the House agree to the amendment?

T h e SPEAKER. O n that question, the Chair recognizes the gentleman from York, Mr . Dorr.

Mr. DORR. Mr . Speaker, in the banking law, traditionally, we have allowed Pennsylvania banks to own shares of other Pennsylvania banks. In this bill we are adding a provision to allow Pennsylvania banks lo purchase shares of Pennsylvania bank holding companies as well. My concern is that the 10- percent limitation that is placed and has traditionally been placed into law, if we are allowing the purchase o f Pennsyl- vania bank holding companies, will possibly allow the affiliates who a re acting together to acquire more than 10 percent o f a Pennsylvania bank holding company in one institution, in effect.

T h e amendment is designcd to limit that and to say that for purposes of that 10-percent limitation on the percentage of shares o f a Pennsylvania bank holding company that can be owned by an institution, we must aggregate the shares owned by all o f the affiliates of another Pennsylvania bank holding company in order l o determine whether the 10-percent limitation is met. For example, if holding company ABC - owning bank A, bank B, and bank C - wishes to acquire shares of holding company XYZ, all of the affiliates o f bank ABC, including the separate banks, would be allowed to own only 10 percenl altogether of holding company XYZ. That is the effect o f the amendment, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman. T h e Chair recognizes the gentleman from Fayette, Mr.

Taylor. Mr. TAYLOR. Thank you, Mr. Speaker. I agree with Representative Dorr's explanation of it. I t was

a potential thing in the original legislation that could have allowed for a bank to acquire more than 10 percent o f a holding company, and this is a corrective amendment to that law. I agree with i t and urge adoplion o f i t

T h e SPEAKER. The Chair thanks thegentleman.

O n the question recurring. Will the House agree to the amendment?

T h c following roll call was recorded:

Y E 4 S 195

Afflerhaci~ Fargo L.~ic~~i.nod Kyhak Aldrrelle Fallah I.lo!d Saloom Ang\ladl l e c L u q h Sahalore Arrnstroni. l ian r r y I-lick \li.Clacchy S ~ h c c ~ i Baldiiir~ I \ Ll~.Halc Sc l~ule i Barber I.O\ICI. J r . , 4 U c \ t ~ x ~ a g l c Scmxnel Ek;lllirlo lrccmax: \ I c \ u r l ) Yc#,sfi!li

Bell'anli Fryer Madigan Showers Blaum Gallagher Maiaie Sirianni Rook Gallen Manderino Smith. H Bowier HOYCS Brand1 Broujor Bun1 Burd Burns Caltagirane Cappabianca

Garnhle Gannon Gelit George Gladcck Gndonncll Tigur Cohcn Her\hey Oiaii Tiello Colalella Honaznan Oltier Truman Cole Hut ih inron Pewel Van Horne Cordiwo I t k i n Prtercon Vroon Cornell Jackion Pctrarca Wachob I:orieil Jarolir, Pclronc Wambach Co~ell Johnson Phlllip5 Wargo Coy Karunic Piccola Wars Ileluca Kenned) Pirish! Weston IleVertcr Kllrieaman Pi\lrila \C'igpln, IleWeew Korinrkl Pills Williams Ilaley Kowsl>\hyn Plat1 Wilson IDavle5 Kokoiich Prrilon Wogan Ilawida La4inyer I'unl Worniak IDcal Laugl~ltn Rapvaport Wrieht. D. R . l>lcl, Lehr Rrher Wnghl, J . L . I l i n i o n ~ Le ico \ i~ i Retnard \Vrighl. R . C. ilornhrou,k~ Letterman Kicper Lwikl Ilorr Lev, Kohhin\ Ilufl> Leiin K u d i Inis, i lo rham Linlon K y a n Speaker Elan\

NAYS-3

\liller Poll Richardlon NOT VOTING-0

EXCUSED-4

IDonalucc~ Hucl'l'cl \ Iclntyre hlarrnion

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? Bill as amended was asreed to.

The SPEAKER. This bill has been considered o n three dif- ferent days and agreed to and is now o n final passage.

The question is, shall the bill pass finally? Agreeable to the provisions o f the Constitution, the yeas

and nay5 will now be taken.

YEAS-198

hl t l~vha~i~ tare:, I l o y r l Ryan Aldcrellc lallall I.oc!L Rybak : \npladi Fec \tcCall Saloom h r n ~ \ r r a n g I ikcI>cr \lc

Belardi Belfanti Blaum Book Bawser Boyes Brandr Braujoi Bunt Burd Burns Caltagirone Cappabianca Carn Cawley Ceiiar Cimini Civera Clark Clymer Cohen Colafella Cole Cordisco Cornell Coslett Cawell Cay Deluca DeVerte! DeWeese Daley Davics Dawida Deal Dietz Dininni Dombrowski Darr Duffy Durham

Freind Fryer Gallagher Gallen Gamble Gannon Geiit Geargc Gladeck Godshall Greenwood Grieco Gruitza Gruppo Hagarty Haluska Harper Hasay Hayes Herman Hershey Honaman Hutchinson ltkin Jackson Jarolin Johnson Karunic Kennedy Klingaman Kosinski Kowalyshyn Kukovich Larhinger Laughlin Lchr Lercavirz Lerterman Leki L.erin Linron Livengood

NOT VOTING-0

EXCUSED-4


Donatucci Hoelfel Mclntyre Marmion

Madigan Serafini Maiale Seventy Manderino Showers Manmiller Sirianni Markosek Smith. B. Mayernik Smith, L. E. Merry Snyder, D. W. Michlovic Snyder. G. M. Micozzie Spencer Miller Spirz Miscevich Stairs Maehlmann Steighner Morris Stevens Mowery Stemart Mrkanic Stuban Murphy Sweet Nahill Swift Naye Taylor. E. Z. O'Brien Taylor, F. E. O'Donnell Telek Olasl Tigue Olirer Trella Perzel Truman Peterson Van Horne Petrarca Vioon Petrone Wachob Phillips Wambach Piccola Warga Pievsky Wars Pistella Weslon Pitrs Wiggins Poll Williams Pratt Wilson Preston Wogan Punt Wozniak Rappaport Wrighr. D. R. Reber Wright, I. L. Reinard W~ight. R. C. Richardson Zwikl Rieger Robbinr Irvis, Rudy Speaker

NAYS-0

The majorily required by the Constitution having voted in the affirmative, the question was determined in the affirmative.

Ordered, That the clerk return the same t o the Senate with the information that the House has passed the same with amendment in which the concurrence of the Senate is requested.

* * *

Will the House agree to the bill on third consideralion? Bill was agreed to.

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

The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas

and nays will now be taken.

YEAS-198

Afflerbach Farga Lloyd Ryan Alderette Fattah Lucyk Rybak Angstadt Fee McCall Saloam Armstrong Fiicher McClatchy Salvatore Arty Flick McHale Saurman Baldwin Foster, W. W McManagle Seheetz Barber Foster, Jr.. A. McVerry Schuler Baldsto Freeman Mackowrki Semmel Belardi Freind Madigan Serafini Belfanti Fryer Maiale Seventy Blaum Gallagher Mandcrino Showers Book Gallen Manmiller Sirianni Bowier Gamble Markoick Smith. B. Boyes Cannon Mayernik Smith. L . E. Brand1 Geiit Merry Snyder. D. W. Broujos George Michiovic Snyder, G. M. Bunt Gladeck Micmzie Spencer Burd Godshali Miller Spill Burns Greenwood Miscevich Stairs Calragirone Grieco Moehlmann Steighner Cappabianca Gruitza Morris Stevens Carn Gruppo Mowery Stewart Cawley Hagarty Mrkonic Stuban Cessar Haluska Murphy Sweet Cimini Harper Nahill Swill Civera Haray Nore Taylor. E. 2 . Clark Hayes O'Bricn Taylor. F. E. Clynler Herman O'Donnell Telek Cohen Hershey Olav Tigue Colafella Honaman Oliver Tcella Cole Hutchinson Peirel Truman Cardisco ltkin Peterson Van Horne

The House proceeded to third consideration of HB 569, P N 637, entitled:

An Act providing for a ban on the distribution, sale and use of halogenated hydrocarbon chemicals as sewage system cleaners; requiring the disclosure of the contents of sewage system cleaners covered by this act; requiring the Department of Environmental Resources to administer and enforce certain provisions; and establishing penalties

On the question.

Cornell Jackson Petrarca Vroon Coslett Jarolin Petrone Wachob Cowell Johnson Phillips Wambach Coy Kasunic Piccola Warga Deluca Kennedy Pievsky Wass DeVerter Klingaman Pistella Weiton DCW~ESC Kosinski Pitts Wiggins Daley Kowalyshyn Pat1 Williams Da\ics Kukovich Prdtt Wilson Da*,ida Lashinger Pieiron Wogan Deal Laugblin Punt Worniak Dietr Lehr Rappaport Wright. D. R. Dininni Lcicavitr Reber Wright, I. L . Dombrouski Letterman Rcinard Wright, R. C. Dorr 1.evi Richardson Zwikl Duffy Lekin Rieger Durham Linton Robblns Irvis, Evanc Lirengood Rudy Speaker

NAYS-0

NOT VOTING-0

EXCUSED-4

Danatucci Hoeffel Mclntyre Marmion

The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative.

LEGISLATIVE JOURNAL-HOUSE

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

The House proceeded to third consideration of HB 1822. PN 3133, entitled:

An Act amending "The Local Tax Enabling Act." approved December 31, 1965 (P. L. 1257, No. 511). further providing for taxes on admissions prices to golf courses.

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

The SPEAKER. This bill has been considered on three dif- ferent days and agreed t o and is now on final passage.

The question is, shall the bill pass finally? Agreeable to ihe provisions of the Constitution, the yeas

and nays will now be taken.

YEAS-186

Aldererre Fee McClatchy Rybak Armstrong Arty Baldmin Barber Battiito Belardi Beifanti Blaum Book Bo*ier Boyes Brandr Broujoi Bunt Burd Burn, Caltaelrone Cappahianca Cesrar Cimini Cirera Clark Clvmcr Cohcn Colafella Cole Cardisco Cornell Coslett Cowell COY Deluca DeWeeie Daley Dariei Dawida Deal Dieu Dininni Dombrawiki Darr Duffy Durham Evans Fargo Fattah

Fircher Flick Fo~ter. W. \h'. Foifer. . I r , A . Freind Gallagher Callcn Gamhle Gannon Geiit Gcnrge Gladeck Godihall Greenwood Crieco Grtiitm Cruppo Hagarty Haluhka Harper Hasay Hayes Herman Hrrihey Honaman Hutchinson ltkin Jaiolin Johnson Kasunic Kennedy Klingaman Kosinski Koualythyn Kukavich La5hinger Laughiin Lehr Lcrcoritz Lcltcrman 1 evi Lcrin Linlon Livengood Lucyk McCall

McHale McMonaglc hlcVcrry Mackobiki Madipan Maialc Manderino Manmiller Marknsek hlayernik Merry Michloiic Micarrie Miller \.lirce\ich Moehlmann Morris Mower) Mrkonic Murph) Nahill Noye O'Bricn Olarz Olivcr Perzcl Peterson Petrarca Petrone Phiilips Piccola Piebrky Pirrella Pitt i Pott Prarr Preston Pilnt Rappaport Rebcr Reinaid Richardson Kieper Robbins Rudy Ryan

Saloom Salvatore Saurman Schectz Schuler Semmel Serafini Seventy Siiianni Smith. B Smlth. L. E. Snider. D. W. Snyder, G. M . Spcnccr Spil l Stairs Steighnel Stevens Stewart Scuba" Sweet Swift Taylor. E. Z. Taylor. F. E. ~ e i e k Tigue Trello Truman Van Horne Vroan Wachob Wambach Wars Weiton Wiggins Williams Wilson Wogan Wo~nlak Wright, D. R. Wright, J. L . Wright, R. C. Zwikl

I n i s , Speaker

Afflcrbach Caulcy Fryer O'Dannell Angxtadt DeVcrter Jacksan Shower, Cam Frreman I.loyd Wargo

NOT VOTING-0

The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative.


* * *

The House proceeded t o third consideration of HB 1872, PN 3291. entitled:

An Act amending "The Local Tax Enabling Act," approved December 31, 1965 (P. L. 1257, No. 5111, further pro\,iding for taxes on admissions prices to ski lacilities.

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

The SPEAKER. This bill has been considered on rhree dif- ferent days and agreed to and is now on final passage.

The question is, shall the bill pass finally?

On final passage, the Chair recognizes the gentleman from Berks, Mr. Fryer.

Mr. FRYER. Mr. Speaker, I wish to interrogate one of the sponsors of the bill and then be recognized for a brief state- ment. Mr. DeWeese, I notice, is present. My request is for Mr. DeWeese.

The SPEAKER. The gentleman, Mr. DeWeese, indicates he will stand for interrogation. Mr. Fryer is in order and may proceed.

Mr. FRYER. Mr. Speaker, I am a nonskier, and I am sure there are other nonskiers here on the floor of the House, and in order to get a better picture o f the proposal that is before us, I wish to ask several questions.

One, Mr. Speaker, what is the cost that a skier goes through in following this wonderful recreation? What is the cost of skiing, Mr. Speaker?

Mr. DeWEESE. Mr. Speaker, the cost of skiing is quite precipitous. As you have speculated to me in private dialogue, i t would cost approximately $18 for a daily ski lift pass. I t would cost somewhere between $90 and $150 for an adequate pair of boots. You could go up to $225 or $250, depending upon the kind of quality that you desired in your boot. Skis and bindings, which naturally are not of use unless they are a collective set, would total cumulatively well over $250. If you are going to include poles, which are a necessity to 99 percent of all skiers, that is another $50. The bib overalls and the domn jacket take it up, collectively, to approximately $150, and again, the figures I am giving you are a median figure rather than a high figure. I conbersed with one of my col-

LEGISLATIVE J01 URNAL-HOUSE JUNE 27,

leagues from Montgomery County, and we collectively con- cluded that somewhere between $500 and $600 would put someone on the slopes in safe, warm circumstances. Does that answer your question, sir?

Mr. FRYER. It does, Mr. Speaker. I thank the gentleman. In addition, Mr. Speaker, 1 believe you indicated the

average cost of a lift ticket to be $18. Mr. DeWEESE. That is correct. Mr. FRYER. Mr. Speaker, I thank thegentleman. If I am in order, I would like to proceed with acomment. The SPEAKER. T o make a comment on final passage, the

gentleman is in order and may proceed. Mr. FRYER. Mr. Speaker, I think the members of the

House who are nonskiers can really be impressed with the cost of this wonderful sport. I had not experienced that personally, so I wanted that pointed out to the members of the House.

Now, Mr. Speaker, what we have before us today is, under present law the local governments in your home districts are permitted a maximum of a 10-percent tax; most of them do not. In some areas the school districts impose the tax; in other areas the townships impose the tax, and this, of course, is to carry out the purpose of maintaining their township roads, which the skiers travel over, and the various police problems that develop when you get a large group of people together.

Let us take the lift ticket, which is $18, as the gentleman, Mr. DeWeese, has pointed out. Ten percent o f that, of course, is $1.80. As I have stated, in many cases only a 5 - percent tax is imposed, which we are then talking about 90 cents. Now, then, Mr. Speaker, what this bill does, this proposal before us, HB 1872, is state that the tax that may be levied shall not exceed 40 percent of the cost of the lift ticket. Forty percent of $18 is $7.20, which means then, that I0 percent of that would be 72 cents, which the local taxing district could impose.

Now, Mr. Speaker, in view o f the costs that are entailed by the skier who is out there who is traveling a distance to go to that resort to ski, I submit that the tax is a very small part that he is paying, and to put a cap on this is just an impossible ritu- ation for local government, because it seems to me, Mr. Speaker, that taxes should be based on two basic principles, and that is on the ability to pay-and can we argue that these skiers are not able to pay this tax?-and also local governments should have the maximum flexibility in apportioning the tax burden among the people and businesses within their jurisdiction.

Mr. Speaker. I submit that the proposal before us is extremely unfair t o local governments and, in my opinion, should be defeated. I think that what we are asking for is a fair situation. We are not gouging anyone, Mr. Speaker, and if this tax is capped, the accrual will not go to the individual skier; i t will in all probability go to the operator of the ski resort, who last year had a very banner year.

Mr. Speaker, on the basis of fairness. I plead for the defeat on behalf of local governments for this proposal. Thank you. Mr. S ~ e a k e r .

The SPEAKER. The Chair thanks thegentleman. On final passage, the Chair recognizes the gentleman from

Allegheny, Mr. Trello. Mr. TRELLO. Mr. Speaker, I commend the previous

speaker for his remarks, and I agree with him 100 percent on some of his remarks.

First of all, the tourist industry in Pennsylvania creates about 200,000 job5, the largest industry in the State of Penn- sylvania. The problem that we have here right now is competition from our neighboring Slates that have ski resorts.

Now, as the former speaker indicated, he is acting on behalf of local government. I am a local government man myself, and their concerns are a top priorily with me. Before I would even consider the bill, I asked local government and the industry to get together to come to a happy compromise. The language that is in this bill right now is a compromise that was reached by members representing local government and the industry themselves. Now, what are we talking about? We are talking about still allowing the municipalities to tax the industry, but the problem of competition come5 into play.

First of all, why are we singling out the ski resorts? Why do they have to pay the 10-percent tax? Why are they not picking on other entertainment industries like the movies. the bowling alleys, and so forth? If they are going to tax the entertainment industry, then let us tax them all. Why single oul one? I think if we want to be fair about this, if a municipality or school district needs some money and they want to impose an amuse- ment tax, then let us tax them all. Why single out the ski industry? And they are not eliminating the taxey altogether; they are coming to a happy compromise to be in competition with the neighboring States, and I see nothing wrong with this.

The language in here is agreed-to language. I think we should support the industry and the municipalities that have agreed with this language in this bill and concur with the amendments that the Finance Committee inserted in the bill. Thank you very much.

The SPEAKER. TheChair thanks the gentleman. The Chair recognizes the lady from Susquehanna, Miss

Sirianni. Miss SIRIANNI. Mr. Speaker, I rise in support of this bill.

I happen to have the Elk Mountain Ski Resort in my area. In the particular township where this Elk Mountain Ski Resort is located, the to\+nship supervisors %ere trying to impose such a high tax on this Elk Mountain Ski Reqort that not one living soul who resided in Herrick Ton.nship would have had to pay any taxes. They were going to get more money from the Elk Mountain Ski Resort than they got from the people who paid their taxes in the district.

1 am here to tell you that Herrick Township, where Elk Mountain is located, has benefited from that ski resort. They have more l~ouses, beautiful neu houses, built there, so therefore they are collecting more taxcs. They have no unemploy- ment. II they have anything, they have overemployment. All the businesses in the area are benefiting from that ski resort, so why should that ski resort in turn have to pay more money?

1984 LEGISLATIVE

I think the township supervisors d o have to balance their budget, but they are taking advantage in some of thesecasey.

I would further like to say that you d o not have to make an initial outlay of $500 to ski. You d o not have to be rich to ski. I happen t o ski, and I am not rich. I taught school before I came t o this House, and all my students ski. All you have to d o is go get the county index and see what the income of the people in Susquehanna County is, and they are certainly not rich people. The medium income, I think, is $10,941-1 looked that up yesterday-and those people a11 ski. Now, do you consider that a rich territory? They ski because there are w a y to d o it without spending $500. You d o not have to have first-class skis. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the lady. The Chair recognizes the gentleman from Montgomery,

Mr. Lashinger. Mr. LASHINGER. Thank you, Mr. Speaker. Mr. Speaker, I think just about everything has been covered

by the proponents o f the bill, but a number o f items need to be highlighted.

Number one, the House in a measure that we voted just prior to this bill offered the same compromise, this 10- percent-of-40-percent compromise, to golf courses, and there was no objection. We fought this battle before in a separate bill, and Representative Fryer indicared his opposition at that point in time t o excluding golf courses and ski areas, and yet, just prior to this bill, we did approve by an overwhelming majority this new taxing formula for golf courses.

Number two, Representative Fryer talks about the high cost of items that are bought by skiers, and the fact that those things are affordable to skiers makes the incorporation of this tax into the cost o f a lih ticket possible to pay on the part of the skiers. Well, he fails to indicate also that those items that they are buying in the Commonwealth are also taxable in the Commonwealth. The clothing that Representative DeWeese talked about is taxable. The skis, the other equipment, is all taxable, so that is additional revenue to the Commonwealth also. If we eliminate certain opportunities, recreational opportunities, to certain segments of the population, they are not going to be buying the equipment, and we are going to lose tax revenue on that end.

One of the last points is-and i t is a tribute to Representa- tive Trello, the other members o f the Finance Committee, the State associations of township commissioners and hupervi- sors, and also the ski industry-this is a compro~nise o f a compromise. I thought we had a compromise on this measure on this floor about a month ago, and we disagreed and the bill failed. Everyone went back to the bargaining table, rcncgoti- ated this compromise, and to the bert of my knowledge-and I am repeating what Representative Trello said-there is no objection from either State association for this measure.

1-astly, I will reiterate something that I said in the last debate on this measure, and that is that this recreational opportunity is becoming less and less available to people who cannot a f ford to ski, and that includes part o f our minority populalion in the Commonwealth. We will eliminate, kirtu-

JOURNAL-HOUSE 1651

ally eliminate, based on the cost that Representative DeWeese talked about, skiing as a recreational opportunity for certain segments of the population in Pennsylvania if the costs continue to rise.

Representative Fryer is right in that the doctor and his children and his family and those people in that socioeconomic class will continue to ski no matter what the level of the tax in the Commonwealth, but if it continues t o remain at this level-and there might be a banner season mixed in somewhere; there might be good weather, and ski areas might experience a banner season, as you called this one, and 1 have no way o f knowing whether i t was or it was not-but while those costs rise, people will less often continue to opt for skiing as a recreational opportunity, and that is what we will be doing. So 1 urge support for the proposal, Mr. Speaker.

The SPEAKER. The Chair thanks thegentleman. The Chair recognizes the gentleman from Monroe, Mr.

Battisto. Mr. BATTISTO. Mr. Speaker, I think about everything has

been said in favor o f this bill. However, I want to add this much. In my district there are about 15 ski resorts. They are the single highest employer in the entire district during the wintertime. In fact, not only d o they employ people to main- tain the ski lifts, these kinds of businesses in Monroe County, Carbon, Wayne, Lackawanna, and the northern counties actually spawn development. Right now, I have a multi- million-dollar hotel complex going up at the base of Camelback, and i t is all a result of the ski industry itself. In fact, the Harrisburg Patriot-News carries an editorial today indicating that higher taxes on these resorts can be a disincentive to entrepreneurs.

Although I am very sensitive to the needs of local government as a former mayor, I feel this compromise is very, very palatable, and I urge its adoption. Thank you.

The SPEAKER. For the second time on final passage, the Chair recognizes the gentleman, Mr. Fryer.

Mr. FRYER. Mr. Speaker, I bear no ill toward skiers; some o f my best friends are skiers. And 1 am certainly not trying to establish the fact that only wealthy people can ski. The point 1 was making was the point that with the costs involved in following this sport, it seems to me that the objection of a small tax is a poor argument. With the costs we have in skiing-and we are talking, let us say, about an $18 lift ticket-presently that tax, if carried to the full 10 percent, would be $1.80. This proposal would limit that basically to 72 cents, and in some cases the lift tickets are $12 and i t is correspondingly lower.

Now, in answer to the gentleman, Mr. Trello, who says that thi, i5 agreed to, there is one organization, the Supervisors Association, that has agreed to thir so-called compromise. The Boroughs Association does not agree with this agreement; the School Boards Association does not; and Crankly, Mr. Spcakcr, I am quite disturbed about this, because in my legislative district, thc district that 1 am privileged to represent, we have possibly the poorest school district in Berks County. The people there are blesed with children, but they lack any industrial ba\c or anything. Their school taxer are


rather high, and they benefit from this tax, with which community services are provided.

The clientele, the larger percentage of it, is from out of State, Mr. Speaker, and quite frankly, I d o not see anything except in effect a bonanza for the operators of ski resorts. Last year, Mr. Speaker, they had a very banner year, and if we follow the course as we did in removing the tax on theaters, what happens is, the same price prevails but the accrual goes to the operator of the ski resort.

Mr. Speaker, I repeat and request a "no" vote on this proposal. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks thegentleman. For the second time on the bill, the Chair recognizes the

gentleman, Mr. Trello. Mr. TRELLO. Mr. Speaker, let me remind the members of

this House that that is not the only tax that the ski industry pays. When the boroughs or townships plow their roads in the wintertime, you know, they pay an awful lot of real estate tax also. And we are not talking about eliminating anything; there is still the ability to tax.

When Mr. Fryer mentioned the fact that he knows of nobody who agreed to this, I mean the people who represent the boroughs and townships tell me that i t is agreed-to language, and I would hope that everybody would support the industry. Thank you.

The SPEAKER. The Chair recognizes the gentleman from Berks, Mr. Gallen, on final passage.

Mr. GALLEN. Mr. Speaker, would the gentleman, Mr. Trello, stand for interrogation?

The SPEAKER. Mr. Trello indicates he will stand for interrogation. The gentleman, Mr. Gallen, may proceed.

Mr. GALLEN. Mr. Speaker, does the gentleman have a ski resort in his district?

Mr. TRELLO. No, sir. Mr. GALLEN. Caseclosed. Thank you, Mr. Speaker, The SPEAKER. The Chair thanks thegentleman.

On the question recurring, Shall the bill pass finally? The SPEAKER. Agreeable to the provisions of the Consri-

tution, the yeas and nays will now be taken.

YEAS-152

Aldcrsrrc Fee Madigan Saurman Arty I t W W. Maialf Semmcl Rarber Bartista Belardi Belfanii Book Bowser BOYES Bunt Burd Burns Caltagirane Cappabianca Carn Ce$sar Cimini Clark Clymer Cohen

Foster. Jr.. A. Gallagher Gannon tieisr George Gladcch tiadshall Greennoud t i i i r i lm Gruppo Hagarty Haluska Harper Hawy Hayci Herman Honaman l ik in

htandcrino Marlmlller hlarkosrk Marernik Merry Michlobic hlillcr hlix"'\~ch Mowcrr Mikonic Nahill Noye O'Biien Oiav Oiiier Perrel Peterioll Pztrone

Smith, R. Smilh, 1.. E. Snyder. G. M Spencer Stair, Srcighner Steren, Stcuarr Stuban Sweet Taylor, C . 2. Taylor. F. E. Tclch Treilo Truman

Coiafeila Cordisco Cornell Cawell coy Dcluca DeWeere Daley Davies Darida Deal Diet, Dininni Dorr Duffy Durham Evani Farga Farrah

Jarolin Johnson Kaiunic Kennedy Klingaman Korinski Kawalyihyn Laihinger Laughiin Lehr Lerco\irz t.crterman Levin Linlon 1.ucyk McCall McClarchy McMonagle h1cVerry

Phillips Piccola Pie~sky Pistella Pot1 P~a l t Prcrton Punt Rappaport Reber Reinard Richardson Rieger Rabbins Ryan R)bak Saloom Salvatore

Van Horne Vroon Wachob Wambach Wasi Wesioll Wigginr Williams Wilson Wogan Wozniak Wright. D. R. Wrieht. J. L .

lrvis, Speaker

Afflerbach Dombrowski Kukovich Pctrarca Angsadt Fiichcr Lzvi Pill, Armrrrang Flick Livrn@oud Rudy Baldwin Freeman Lloyd Scheru Blaum Freind M~.Hnlc Schuler Brand! Fryer Machowski Showers Broujoa Gallen Micouie Snyder. D. W. Cawlcr Gamble Llochlmann Spitz Civcra Grieco hlorns Swift Cole Hcrshc) Murphy Tigui Coiletl Hutchinson O'Donnell Warso DeVerter Jackson

NOT VOTING-0

EXCUSED-4

Donatucci Hoeffel Atclntyre Marmion

The majority required by the Constitution having voted in the affirmative, the question was determined in the affirma- t i \ , r .....


REMARKS ON VOTE

The SPEAKER. For what purpose does the gentleman from Delaware, Mr. Freind, rise?

Mr. FREIND. Mr. Speaker, on H B 1822 1 was recorded in the affirmative. I would like lo be recorded in the negative.

The SPEAKER. The gentleman's remarks will be spread upon the record.

ANNOUNCEMENT BY SPEAKER

The SPEAKER. We are about to break for lunch. You had better listen. When we come back from lunch, we will be taking up, on page 5, the first bill, a bill which talks about the procedure by which an adopted person may obtain iniorma- tion regarding his natural parents. The Chair anticipates that that will be a hotly debated bill. There are a number of amendments. The first person will be Mr. Vroon and his amendment; the next, Mr. Da\,ies; and next, Mr. Itkin.

Now, the reason the Chair is saying this is so all of you understand it clearly. The Chair is not going to continue to


wait for people w h o think up amendments at the last minute. S o if you have amendments to the bills which we are going t o run this af ternoon, get them now. We have been requested up here that we no longer permit people t o wait until the last minute t o offer amendments, and that request will be honored.

DEMOCRATIC CAUCUS

T h e SPEAKER. T h e Chair recognizes the gentleman from Allegheny, Mr. Itkin.

Mr. ITKIN. Mr. Speaker, the Democrats will g o into caucus at 1 :30, and we will need about a half hour t o caucus.

T h e SPEAKER. Democratic caucus at 1:30.

An Act providing funding for organ donations; creating an Organ Donor's Fund and an Organ Donor's Advisory Council.

HEALTH A N D WELFARE.

BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

SB 1289, PN 1795 By Rep. BARBER An Act amending the act o f June 23, 1931 (P. 1.. 899, No. 299),

entitled "Public Bathing Law," restricting the definition o f public bathing place.

HEALTH AND WELFARE.

LOCAL GOVERNMENT COMMITTEE MEETING

T h e SPEAKER. The Chair recognizes the gentleman f rom Perry, Mr. Noye.

Mr. NOYE. Thank you, Mr . Speaker. The Republicans will caucus at 1:30 likewise. I t will take us

about half a n hour t o cover the bills. T h e SPEAKER. Republican caucus at I :30.

REPUBLICAN CAUCUS

BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND


I The SPEAKER. The Chair recognizes the gentleman from Berks, Mr. Fryer.

Mr. FRYER. Mr. Speaker, as announced yesterday o n the floor, there will be a meeting o f the H o u ~ e Local Government Committee in room 401 immediately.

REMARKS ON VOTES

The SPEAKER. The Chair recognires the gentleman from Bedford, Mr. Dietr.

Mr. DIETI.. Mr. Speaker, I would like to make a correction on a votc. On final Dassaee of H B 1872. 1 would like the

H E A L T H A N D W E L F A R E

HB 1179, PN 1367 By BARBER An Act amending the "Public Welfare Code," approved June

13, 1967 (P. L. 31, No. 21). further providing lor the limits on property holdings.

HB 1627. PN 3318 (Amended) By Rep. BARBER

An Act amending the "Emergency Medical Services Systems Act," approved November 30, 1976 (P. 1.. 1207, No. 2 6 3 , providing for a Pennsylvania Trauma Systems Foundation, providing for the accreditation of trauma centers; further drfininp the powers o f t h e secretary; extending the act; and providing lor the legislative intent.

H E A L T H A N D WELFARE.

- record t o sliou that I voted "no."

The SPEAKER. 'The gentleman's remarks will be spread upon [he record,

The Chair r e c o ~ n i r e r the gentleman from luzerne , Mr. Ti.31,~

HB 1892, PN 3319 (Amended) By Rep. BARBER

An Act amending the "Pharmacy Act," approved September 27, 1961 (P. 1.. 1700, No. 699). further providing for pcr diem for board members.


HB 1972. PN 2649 By Rep. BARBER An Act requiring physicians to obtain informed consent from

paticnts for treatment of breast cancer.


HB 2009, PN 3320 (Amended) By Rep. BARBER

..mu-.

Mr. TICUE. Mr. Spcaker. on H B 1822 1 voted in the affirmative. I would like the record t o show that I should have voted in the negative. Thank you. Mr. Speaker.

Thc SPEAKER. The gentleman's retnarkr will be spread upon the record.

The Chair r eco~nizes the gentleman f rom L.ehigh, Mr. Snyder.

Mr. D . I\'. SNYDER. Same correction. O n H B 1822 1 was inadvertently voted in the ai'firmative. I would like t o have my vote rci'lccted in the negative.

Thc SPEAKER. Thc gentleman's remarks will be spread upon thc record.

The Chair recognizes the gentlemarl i'rom l.ancaster, Mr. Scheetl.

Mr. SC'HEETZ. I \vould also like to h a \ e my vote changed on HH 1822. 1 voted in the positive: I \\ish t o be recorded in the ncpati\e.

The SPEAKER. The ~ e n t l e m a n ' \ rcmarks will be spread upon thc record.

RECESS

The SPEAKER. This House stand\ in rece\s until 2 p .m.


AFTER RECESS

T h e time o f recess having expired, the House was called t o order .

BILL AGREED TO ON SECOND CONSIDERATION

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

SB 1326, P N 2198.

BILL REREPORTED FROM COMMITTEE

SB 56. PN 2203 (Amended) By Rep. MANDERINO

An Act amending theact of December 17, 1981 (P. L. 435, No. 135), entitled "An act providing for the regulation of pari-mutuel thoroughbred horse racing and harness horse racing activities; imposing certain taxes and providing for the disposition o f funds from pari-mutuel tickets," providing for certain simulcasting o f horse races; and defining ownership interest subject to regulation.

RULES.

CALENDAR CONTINUED

BILLS ON THIRD CONSIDERATION

T h e House proceeded t o third consideration of HB 278, PN 3080, entitled:

An Act amending Title 23 (Domestic Relations)of the Pennsyl- vania Consolidated Statutes, providing a procedure for access by an adoptee or his adoptive parent or legal guardian to certain information concerning his natural parents; imposing penalties; and making certain repeals.

O n the q u e ~ t i o n , Will the House agree to the bill on third consideration? Mr . VROON offered the following amendments No.

A2710:

Amend Sec. I (Sec. 2905). page 4, line 21, by striking out "consent form granting" and inserting

form withholding Amend Sec. 1 (Sec. 2905). page 4, lines 27 and 28, by striking

out "give their consent" and inserting withhold their permission

Amend Sec. I (Sec. 2905). page 4. line 28. by inserting after ''may"

not Amend SF I (Sec. 2905). page 4. line 29. by striking out

"gives consent" and inserting withholds permission

Amend Sec. I (Sec. 2905), page 5, line I, by striking out "consenting" and inser

withholdin Amend Sec. 1 (Sec

~ ~

ling s

2905). naee 5. line 1 . bv inserting after

Amend SKI (Sec. 2905), page 5, line 6 , by striking out ''& fhe" and inserting

The withholding of

Amend Sec. I (Sec. 2905). page 5. line 8 . by inserting alter ,'"('. ". -

withholding of Amend Sec. I (Sec. 2905), page 5, line 10, by striking out

"giving," Amend Sec. 1 (Sec. 2905). page 5. line I 1 . by striking out "the

O n thequestion, Will the House agree t o the amendments?

The SPEAKER. O n that question, the Chair recognizes the gentleman from Chester, Mr. Vroon.

Mr. VROON. Mr. Speaker, this amendment is being offered today on behalf of a group of very concerned natural parents in my district who asked if I would please offer this as a n alternative approach t o Mr. Freind's approach in this bill.

The approach of Mr. Freind in this hill is this, simply that the current law will be reversed and that adopted children will not have access to their birth certificates to learn the identity of their natural parents. As current law has it, it is wide open. These adopted children can readily learn the identity o f their natural parents by applying for a birth certificate.

This amendment will reverse the procedure provided fo r in the Freind bill by saying that i t will stay open, and everybody will be able t o learn their identity through the birth certificate application, unless the initiative is taken by the natural parent to f i lea piece o f paper that withholds consent. In other words, what we are saying is that the natural parent may file a piece of paper with the necessary authorities at the time the child is let out for adoption and say, I d o not want my adopted child to learn my identity, and then at any time later in life she can remove that and permit an open situation. If this is not filed, then it will automatically be open, but again, at any time during the course of time, that can be reversed by the natural parent.

This is an amendment which is worth considering. I hope you all give very careful consideration to i t as we vote on it today. Thank you.

The SPEAKER. The Chair recognizes the gentleman from Delaware, Mr. Freind, on the Vroon amendment.

Mr. FREIND. Thank you, Mr. Speaker. I rise to oppose this amendment. What this amendment

would d o would be t o effectively gut the entire purpose of the bill. The purpose of the bill is t o clear up a loophole, a n unin- tended loophole in the Vital Sta[istics l a w , and i t would insure that the will of the legislature. as i t has been consis- tently expressed in our adoption la \ \ \ atid is identical to 47 other States, is kept. That policy ]ha\ always been that the identity of the natural parent5 is not rcvealcd unless the natural parents agree, and there must be tnutual consent.

What we d o in the bill is permit, \ e r? easily, natitral parents to be located by permitting then1 t o contact the Bureau of Vital Statistics and indicate that if and when their natural son o r daughter makes the contact, that all o f t h e information be

1984 LEGISLATIVE

given to them, including the present address o f the natural father o r the natural mother. But in order to have that information, the natural parents must register. Mr. Vroon's amendment would reverse this and say that only if the natural parents registered would that information be blocked. S o the natural parents' anonymity - anonymity which has been con- sistently promised to them through our adoption laws - would be shattered unless they were aware of this provision and unless they affirmatively Filed.

T h e reason I oppose it is this: If you keep the bill the way we have i t right now, there are a number of options. If the natural parent wants to be located but for whatever reason does not get around to filing with Vital Statistics, that is not the end of the road. There are two more procedures that the adopted person can utilize in searching for the natural parent and thus permit the natural parent the opportunity to be iden- tified and located. If Mr. Vroon's amendment becomes law, we will have lost that. For the natural parent who does not want to be located, who does not want his o r her anonymity shattered, but who does not get around to filing with the Bureau o f Vital Statistics, the ball game would be over. When the son o r daughter makes the contact and there is n o negative filing there, the information would be given; the anonymity would be shattered.

For the reasons that we have set forth in the detailed memo which we sent to the members, fo r the reasons we will discuss a s we get into debate o n the bill itself, I sincerely hope that you will reject the Vroon amendment. Thank you, Mr. Speaker.

The SPEAKER. T h e Chair [hanks the gentleman. O n the Vroon amendment, the Chair recognizes the gentle-

man from Philadelphia, Mr . Levin. Mr. LEVIN. Mr . Speaker, I rise to oppose the Vroon

amendment. T h e problem requires just a little insight into one o f the key features o f the bill that was added, which was a desire t o permit those mothers, those natural birth mothers, who a re seeking their children an opportunity to file with the Bureau of Vital Statistics a document and therefore leave themselves open, if the child concurrently decides they want to find that mother. Now, in my view, that will be a rather limited kind o f burden on the Bureau of Vital Statistics, because it will require only those limited number o f people who a re truly motivated to have their child find them to write, What Mr. Vroon doe7 is reverse the process and, therefore, require that a large number o f people make a determination because we passed this bill, and everyone basically has to write.

Now, there is no reason for that , because we very clearly approach this problem from the other side of protecting the mother's choice. We are, in the basic body o f the bill. giving a woman the right to cxcrcise her choice as to uhether o r not she wishes to be found, and we have allowed her a procedure to exercise that choicc if she wants to be found. I see no reason for us to change that philosophy and require a woman who does not want to be found to have to d o rometliing, because by and large, she will not know about that, and slic

JOURNAL-HOUSE 1655

will not be motivated to find out about that. It is an increased economic burden for n o significant benefit; it guts the princi- ple of the bill; and 1 would hope that i t would be opposed by the members on this floor.

The SPEAKER. TheChair thanks the gentleman. The Chair recognizes the lady from Montgomery, Mrs.

Hagarty. Mrs. HAGARTY. Thank you. Mr . Speaker. Mr. Speaker, I think that this amendment vastly improves

this bill and I believe that it accomplishes the purpose o f the bill. The purpose of the bill, as has been explained, is to protect in those few limited instances those natural mothers who many years ago placed a baby for adoption and d o not want that child to find out who they are.

I think i t is important to draw this bill as narrowly as possible, and I think this is an excellent amendment because i t does that. What this legislature has to realize is that we have two very separate interests here which have to be balanced. We have a child who has grown u p knowing that they were adopted, a child who will grow u p all those years wondering who their natural parents are, a fundamental, basic need to know who their parents are. It is important that we decide, in balancing that interest against the right of a parent to keep that matter secret, on the side of the child.

I believe that this amendment is a perfect solution to this problem, because we protect, in those rare instances, those mothers, and I submit that in all of the testimony we heard, there were very few who really did not want their children to find out who they are. 1 submit that we protect those mothers, and yet h e generally allow children, when they grow up, to find out , or at least to seek to find ou t , who their natural parents are.

The problem with the Freind bill, the way i t is presently drafted, is it would require the parent to actually file with Vital Statistics the fact that they want to be found. I d o not think that is going to occur. I think that would be a very diffi- cult thing lor someone to d o , and yet, on the other hand, if someone feels strongly that they d o not want r o b e found, this will allow them that opportunity. It seems to me that this pro- tects those interests which Representative Freind believes are important to protect, and yet i t recognizes the very fundamental need o f people to know who their mother and father are in this world.

For that reason I support this amendment, Mr. Speaker. The SPEAKER. TheChair recognizes the minority leader. Mr. R Y A N . Thank you. Mr. Speaker. Mr. Speaker, o f i a n d on over the 20-some years that I have

practiced law, I have handled a number of adoption sirua- lions, and I think I can say without any fear of hesitation that in each of thesecases, at that time, at lcast, the mother putting the child up for adoption did so alter due consideration, a gt.eal dcal of advice, a great deal of soul starching, and signed termination paperr allowing adoptive parcnts to take the child. I think for that reason, if no other rea5on. I am inclined to adopt the position of Mr. Freind in opposition to the amendnient of Mr. Vroon. But tlicreis another reason.

1656 LEGISLATIVE

My experience also in these years, and I am not thinking now o f the natural mother, but in a number of cases over these years, 1 have seen and talked to the natural mothers who have told me that the birth certificate contains the name of a putative father, the name of a man who may or may not have been the actual father of the child, and in those cases I suggest that there would be no way that a man, perhaps any one of the men in this chamber, would know that his name was even listed on a birth certificate. There is no requirement that he ever be notified that he be listed. In most cases, I believe, in the petitions, as I recall them, it is listed as "putative father," but my recollection, talking t o some of the natural mothers, is that they put the name of the putative father on the birth certificate.

So there would be no way for that man to know that he has any natural child, if you will, and perhaps does not have one, but rather his name was simply listed on the birth certificate by the natural mother. Not knowing this, he would not have the ability to advise the Bureau of Vital Statistics that he does not want t o be contacted by this child, and under those circumstances, which, Mr. Speaker, are real, based on my experience in adoption work-l have not had any in a number of years, but as I look back over my legal career, I have had quite a few-l find that this could create a very, very serious problem.

For those reasons 1 would support Mr. Freind's position against the amendments of Mr. Vroon.

The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Chester, Mr.

Hershey. Mr. HERSHEY. Thank you, Mr. Speaker. I rise to support the Vroon amendment, and I will explain

why. I have been contacted by several people in my district who, 18 or 19 years ago, gave up their children as young girls, young ladies, for adoption because they could not raise them, but now this bill would create a barrier that would hinder this normal process of seeking out their parents. They both said they d o not want this bill because they have a desire to meet, not to take their children back, not for the children to come back and live with their parents, or not for the parents to want them back, but just t o know that they are okay.

In our family, my wife and 1 have four children, and we raised two boys besides our own. One boy knew his parents. They were both from broken homes. One did not know where his parents were. The one child was always more comfortable than the rest.

Now, in finishing up, I think the children's right to know their identity should be a little stronger than the parents' right to conceal. It is a very normal process when a child grows up, a young lady gets ready to marry and have a family, that she find her mother. It is an instinct that I do not think we should create a barrier t o prevent. Thank you.

The SPEAKER. The Chair thanks the gentleman. For the second time on the Vroon amendment, the Chair

recognizes the gentleman from Philadelphia, Mr. Levin.

JOURNAL-HOUSE JUNE 27,

Mr. LEVIN. Just in quick response. The last speaker was speaking about a concern of the bill

itself and not about this amendment. We very specifically handled the request that he raised so that a mother who wants to be found can be found. That was one of the fundamental changes that was made in the bill, and the Vroon amendment does not help in that; it just creates an additional bureaucratic problem in that area. I would again ask for the defeat o f the Vroon amendment.

The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Lashinger.

Mr. LASHINGER. Thank you, Mr. Speaker. Mr. Speaker, I rise to support the Vroon amendment. It is a

rare occasion that I would disagree with the minority leader, but he was showing his age when he talked about the percep- tions that prevail in adoptions. 1 think that that attitude has changed dramatically in just the last few years in the adoption setting. There is a desire, I believe, and from some practical experience also, on the part of not only adoptees but on the part of the natural parents to have some of these children, to use a time-worn cliche, discover their roots and to know a bit more about their biological parents and to know a bit more about what makes that person, him or her, tick.

I agree with Representative Hagarty that the Vroon amendment does not change, for some of the birth parents, that opportunity to prevent children from finding some of this information out. I would hope that we could go even a bit further than the Vroon amendment, but I think i t is a compromise. It does not detract much from what Representative Freind is trying to achieve. But I think the adoption scene has changed dramatically from that scene that the minority leader outlined and that there is a great desire on the part o f both parties.

For instance, the best example, and something that had not been occurring in the last few years, is birth parents are now interested in putting letters into files for adoptees, for their natural children, so that when they d o reach a certain age, they can know a little bit about their birth parent. Now, I can think of a specific example where I served as a master in an adoption proceeding, the responsibility of the master being to hold those documents. The birth parent, the natural parent- and this was a specific case where there was a putative father-made available as much information in that file abour, again, the putative father and about the birth mother.

Now, I think that is the best indicator of what the prevailing attitude is in adoptions. I t is no longer the situation where the birth mother lives in the community with a scarlct letter for having put that child out for adoption. Times have changed considerably, and I do not think that the legislation- I t is a shame the legislation does not take into account the change in attitudes, but the Vroon amendment at least helps keep i t somewhere between the 20th century and the Dark Ages. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentleman from I.uzerne, Mr. Blaum, on thc Vroon amendment.


Mr. BLAUM. Thank you, Mr. Speaker. Mr. Speaker, I rise in strong support o f the Vroon amend-

ment. What we havc here in this case is a case of two conflicting and competing rights, and they are not of the birth parents who want t o be found. The birth parents who one day want to be found, they d o not even enter into this. What we are talking about are parents, birth parents, who do not wish to be found, their rights versus the adoptees' rights, that when that person, that child, reaches the age o f 18 and that nagging thought is in their mind as to who their natural parents are, they should have that right. They should have that right to find out who their natural parents are and not be prevented from that by the birth parents' desire not to be found.

Again, there is no real compromise in these two issues. They are two competing and conflicting rights. I agree with Representative Lashinger. I would like to see us go even further than the Vroon amendment, but I d o think the Vroon amendment is a step in the right direction, which requires the birth parent at that time to sign a paper, to knowingly take the initiative, to take the step to protect their anonymity and to know exactly what they are doing.

Again, I would like to see us go further than that, but in the short run, I ask the members to support the Vroon amendment and to come down on the side of the rights of the 18- year-old adoptee to find out where he or she came from. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Allegheny, Mr.

Markosek. Mr. MARKOSEK. Thank you, Mr. Speaker. Mr. Speaker, I would like to interrogate the gentleman, Mr.

Vroon, please. The SPEAKER. Mr. Vroon indicates he will stand for

interrogation. Mr. Markosek is in order and may proceed. Mr. MARKOSEK. Mr. Speaker, at what point in timedoes

the parent who gives up the child sign the agreement or sign the piece of paper that says that they d o not want their identity known?

Mr. VROON. Although I am not an expert in this area, i t is my impression that when she makes that decision to let that child out for ado

COMMONWEALTH OF PENNSYLVANIA1984/06/27 · VROON, OLASZ, BURD and MclNTY RE An Act amending Title...

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Transcript of COMMONWEALTH OF PENNSYLVANIA1984/06/27 · VROON, OLASZ, BURD and MclNTY RE An Act amending Title...