COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL · 9/27/2010 · Cumberland Valley Lady Eagles 1 to 0. This championship game was the fourth time this year that the Lady Trojans

COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

MONDAY, SEPTEMBER 27, 2010

SESSION OF 2010 194TH OF THE GENERAL ASSEMBLY No. 53

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

THE SPEAKER (KEITH R. McCALL) PRESIDING

PRAYER

HON. MATTHEW E. BAKER, member of the House of Representatives, offered the following prayer: Thank you, Mr. Speaker. Let us bow our heads and humble our hearts as we go before the throne of God in prayer: Almighty and wonderful Lord, thank You for the gifts of service You allow us to provide to our State and our constituents. Thank You for placing in our hearts a passion to serve others, to make a positive difference in the lives of others, to step up in providing servant leadership for the benefit of addressing the pressing needs and challenges of our society, our Commonwealth, and our respective districts. Lord, sometimes we are overwhelmed with the daily demands and problems. We forget that You are our refuge and provide a place for us and our needs. Help us to remember that You are our rock and our salvation, our strength in our time of need. Grant us wisdom, patience, and the spirit of humility as we go about our responsibilities and duties as State Representatives, and increase our love and devotion for others, especially for our families that sacrifice so much that we may serve others. We admit, O God, that there is much to do in our lives, so many tasks and responsibilities. Yet in the midst of all this activity, we take this moment to offer our prayers of thanksgiving for Your gifts of faith and hope and love, for Your gift of peace in our hearts and souls. We are eternally grateful to You, our creator and redeemer, for all the blessings that we receive in our lives. For this new day, O God, and for all Your graces, we offer this grateful prayer. It is in His name, our Lord and Savior, we pray. Amen.

PLEDGE OF ALLEGIANCE

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

GUESTS INTRODUCED

The SPEAKER. To the left of the Speaker, the Chair would like to welcome Becky and Michael Kalmbach and their son, Thurman, who is the great-grandson of Representative Phillips. Will the guests please rise. Welcome to the hall of the House. To the left of the Speaker, the Chair would also like to welcome Mr. Robert Montgomery; Roger and Vicki Eberly; and Ms. Tracy Horst. They are the guests of Representative Mike Sturla and Representative John Bear. Welcome to the House floor. In the balcony, we have the uncle of Representative Houghton, Charles Bowers, a Vietnam veteran; his wife, Chris; his daughter, Amanda; and her daughter, Evana. They are the guests of Representative Houghton. Will the guests please rise. Welcome to the hall of the House. Also in the balcony, the Chair would like to welcome Mr. and Mrs. Richard Bear from Dover, Pennsylvania. Mr. Bear was honored at the 2010 MetLife Foundation Older Volunteers Enrich America Awards in Washington, DC. Accompanying them today is a group from the Heritage Senior Center. They are the guests of Representative Seth Grove. Will the guests please rise. Welcome to the hall of the House. To the left of the Speaker, the Chair would like to welcome Kaycee Gutsie, a student from Mahanoy Area High School, and Ed Kleha, a friend of the Speaker. He is a legislative assistant in Representative Goodman's district office. Welcome Ed and Kaycee. They are the guests of Representative Goodman.

HERSHEY LADY TROJANS STATE SOCCER CHAMPIONS

PRESENTED

The SPEAKER. The Chair would like to welcome to the rostrum Representative Payne from Dauphin County for the purpose of a presentation. The Chair recognizes the gentleman from Dauphin County, Representative Payne. Mr. PAYNE. Thank you, Mr. Speaker. My colleagues, I have the honor of presenting the PIAA Class AAA Girls Soccer Champions from Hershey High School. The championship game was held on June 11 at Hersheypark Stadium. The Lady Trojans defeated the Cumberland Valley Lady Eagles 1 to 0. This championship game was the fourth time this year that the Lady Trojans shut out the Lady Eagles, for a total of 320 minutes of scoreless soccer. Needless to say, to my good friends, the Representatives from Cumberland County, they just could not score on these girls; that is all there was.

1268 LEGISLATIVE JOURNAL—HOUSE SEPTEMBER 27

Up front with me today are head coach Jeff Rosensteel and the 2011 team captains: Molly Briggs, Carrie Cin, Shannon Fedyk, and Alyssa Voelmle. The rest of the team and assistant coach Bill Deliberty are in the rear of the House. Would they please stand now, and can I have a round of applause for the champions. On a sidenote, I just want to comment that Coach Deliberty and Coach Rosensteel, the families go way, way back in Hershey. Hershey was a small town of less than 4,000 people and everybody knew everybody. So, coach, congratulations. I want to commend the team members and the coaches and the families for their dedication, enduring commitment, tireless pursuit of this athletic excellence, and to the exceptional teamwork, and one last time, for beating the Lady Eagles. Thank you.

PEOPLE'S REPUBLIC OF CHINA CONSUL GENERAL OFFICE

INTRODUCED

The SPEAKER. If I may have the attention of the members, we have some very special guests joining us today from the People's Republic of China. Over the years the relations between the United States and China have grown, certainly, as China has integrated itself into the global system. During this time two-way trade between our countries has also grown significantly. China is one of the most important markets for United States exports. China is now the third largest trading partner for the United States of America. As the United States Secretary of State said, the U.S. wants to develop "a positive, cooperative and comprehensive relationship" with China. Today's visit brings that national context to a State level. Joining us today are officials from the People's Republic of China Consul General Office in New York City. They are visiting Pennsylvania today because they recognize the importance of a good trade relationship with Pennsylvania and seek to further that positive relationship with the Commonwealth of Pennsylvania. By coming to Harrisburg, they want to open the doors to all members of the Pennsylvania General Assembly to begin a dialogue with PRC (People's Republic of China) and hope to further develop commerce in all parts of Pennsylvania. It is my pleasure to introduce to you Dong Xiaojun, who is Deputy Consul; He Bin, who is Consul in the Ministry of Political Affairs; Shi Zhanzhuan, who is the Vice Consul in Ministry of Political Affairs; and Wang Long, who is Consul in Ministry of Commerce. They are accompanied by Kenneth Wong, who is the president of the Covenant Group of China. Ken. They are the guests of the Honorable Mike O'Brien and myself. And while in Harrisburg, they will be visiting with various State-level officials to enhance trade opportunities. Please extend a warm welcome to our partners.

STATE GOVERNMENT COMMITTEE MEETING

The SPEAKER. The Chair recognizes the gentlelady from Philadelphia County, Representative Josephs, for the purpose of an announcement.

Ms. JOSEPHS. Thank you, Mr. Speaker. Immediately – this is for State Government Committee members – immediately when we break, we will meet in room 39, East Wing. In addition to HBs 2697 and 2698, we will be taking up HB 2479. That is immediately when we break in 39 East Wing, House State Government Committee. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the lady. There will be an immediate State Government Committee meeting in 39 East Wing.

DEMOCRATIC CAUCUS

APPROPRIATIONS COMMITTEE MEETING

The SPEAKER. The Chair recognizes the gentleman from Philadelphia County, Representative Cohen, for the purpose of an announcement. Representative Cohen. Mr. COHEN. Thank you, Mr. Speaker. Mr. Speaker, House Democrats will caucus immediately upon the call of the recess. The Appropriations Committee will meet in the majority caucus room at 2:30 p.m. Our goal is to return to the floor at 3 o'clock p.m. The SPEAKER. There will be an Appropriations Committee meeting at 2:30 in the majority caucus room.

REPUBLICAN CAUCUS

The SPEAKER. The Chair recognizes the gentlelady from Susquehanna County, Representative Major. Ms. MAJOR. Thank you, Mr. Speaker. I would like to announce an immediate Republican caucus. I would ask all Republicans to please report to our caucus room immediately at the call of the recess. Thank you. The SPEAKER. The Chair thanks the lady.

FINANCE COMMITTEE MEETING

The SPEAKER. For what purpose does the gentleman from Allegheny County, Representative Levdansky, rise? Mr. LEVDANSKY. To remind members of a committee meeting later today. The SPEAKER. The gentleman is in order and may proceed. Mr. LEVDANSKY. Mr. Speaker, I just want to make it clear to the members of the House Finance Committee that we will have a Finance Committee meeting after session today, not at the first break. After session today we will have a meeting in G-50. Thank you. The SPEAKER. The Chair thanks the gentleman. The House Finance Committee will meet in room G-50 after session today. Any further announcements?

RECESS

The SPEAKER. This House stands in recess until 3 p.m., unless sooner recalled by the Speaker.

2010 LEGISLATIVE JOURNAL—HOUSE 1269

AFTER RECESS

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

JOURNALS APPROVED

The SPEAKER. The Journals of Friday, June 25 and Monday, June 28 of 2010 are now in print. Will the House approve those Journals? On the question, Will the House agree to the motion? Motion was agreed to.

JOURNAL APPROVAL POSTPONED

The SPEAKER. Without objection, approval of the Journal of Wednesday, September 22, 2010, will be postponed until printed. The Chair hears no objection.

LEAVES OF ABSENCE

The SPEAKER. Turning to leaves of absence, the Chair recognizes the gentleman from Allegheny County, the majority whip, Representative Dermody, who requests a leave of absence for: Representative BELFANTI from Northumberland County for the day; Representative OLIVER from Philadelphia County for the day; Representative CRUZ from Philadelphia County for the day; Representative BISHOP from Philadelphia County for the day; Representative Matt SMITH from Allegheny County for the day; Representative BRIGGS from Montgomery County for the day; Representative THOMAS from Philadelphia County for the week; Representative PARKER from Philadelphia County for the week. Without objection, the leaves will be granted. The Chair recognizes the minority whip, Representative Turzai, who requests leaves of absence for: Representative WATSON from Bucks County for the day; Representative TRUE from Lancaster County for the day; Representative MAHER from Allegheny County for the day; Representative SWANGER from Lebanon County for the week. Without objection, the leaves will be granted.

MASTER ROLL CALL

The SPEAKER. The Speaker is about to take the master roll. Members will proceed to vote. (Members proceeded to vote.)

LEAVE OF ABSENCE CANCELED

The SPEAKER. We will also cancel the leave of absence for Representative Smith, Matt Smith, from Allegheny County.

MASTER ROLL CALL CONTINUED

The following roll call was recorded: PRESENT–191 Adolph Farry Levdansky Readshaw Baker Fleck Longietti Reed Barbin Frankel Mahoney Reese Barrar Freeman Major Reichley Bear Gabig Manderino Roae Benninghoff Gabler Mann Rock Beyer Galloway Markosek Roebuck Boback Geist Marshall Rohrer Boyd George Marsico Ross Boyle Gerber Matzie Sabatina Bradford Gergely McGeehan Sainato Brennan Gibbons McI. Smith Samuelson Brooks Gillespie Melio Santarsiero Brown Gingrich Metcalfe Santoni Burns Godshall Metzgar Saylor Buxton Goodman Miccarelli Scavello Caltagirone Grell Micozzie Schroder Carroll Grove Millard Seip Casorio Grucela Miller Shapiro Causer Hahn Milne Siptroth Christiana Haluska Mirabito Smith, K. Clymer Hanna Moul Smith, M. Cohen Harhai Mundy Smith, S. Conklin Harhart Murphy Solobay Costa, D. Harkins Murt Sonney Costa, P. Harper Mustio Staback Cox Harris Myers Stern Creighton Helm O'Brien, D. Stevenson Curry Hennessey O'Brien, M. Sturla Cutler Hess O'Neill Tallman Daley Hickernell Oberlander Taylor, J. Day Hornaman Pallone Taylor, R. Deasy Houghton Pashinski Toepel Delozier Hutchinson Payne Turzai DeLuca Johnson Payton Vereb Denlinger Josephs Peifer Vitali DePasquale Kauffman Perry Vulakovich Dermody Keller, M.K. Perzel Wagner DeWeese Keller, W. Petrarca Wansacz DiGirolamo Kessler Petri Waters Donatucci Killion Phillips Wheatley Drucker Kirkland Pickett White Eachus Knowles Preston Williams Ellis Kortz Pyle Youngblood Evans, D. Kotik Quigley Yudichak Evans, J. Krieger Quinn Everett Kula Rapp McCall, Fabrizio Lentz Ravenstahl Speaker Fairchild ADDITIONS–0 NOT VOTING–0 EXCUSED–11 Belfanti Cruz Parker True Bishop Maher Swanger Watson Briggs Oliver Thomas LEAVES ADDED–4 Drucker Lentz Sabatina Vereb


The SPEAKER. A quorum being present, the House will proceed to conduct business.

HOUSE RESOLUTION INTRODUCED AND REFERRED

No. 953 By Representatives MYERS, OLIVER, BISHOP, BROWN, COHEN, KIRKLAND, MANDERINO, McILVAINE SMITH, PASHINSKI, PAYTON and WATERS

A Resolution memorializing the Congress of the United States to

extend the Temporary Assistance for Needy Families Emergency Contingency Fund by extending the time limit for states to draw upon the fund.

Referred to Committee on HEALTH AND HUMAN

SERVICES, September 23, 2010.

HOUSE BILLS INTRODUCED AND REFERRED

No. 2758 By Representatives DeLUCA, BELFANTI, CALTAGIRONE, CASORIO, D. COSTA, DALEY, DONATUCCI, GRUCELA, HARKINS, JOSEPHS, McILVAINE SMITH, MUNDY, OLIVER, PASHINSKI, PAYTON, READSHAW and K. SMITH

An Act amending the act of May 17, 1921 (P.L.682, No.284),

known as The Insurance Company Law of 1921, providing for affordable small group health care coverage; and making inconsistent repeals.

Referred to Committee on INSURANCE, September 24,

2010. No. 2759 By Representatives DeLUCA, BELFANTI, CALTAGIRONE, CASORIO, D. COSTA, DALEY, DONATUCCI, GOODMAN, GRUCELA, HARKINS, JOSEPHS, McILVAINE SMITH, MELIO, OLIVER, PASHINSKI, PAYTON, READSHAW, SIPTROTH, K. SMITH and SWANGER

An Act providing for the Commonwealth Access to Health

Insurance Reform Act; establishing the Pennsylvania Health Insurance Reform Implementation Authority and the Health Information Exchange; and imposing duties on the Insurance Department, Department of Health and the Office of Administration.

Referred to Committee on INSURANCE, September 24,

2010. No. 2760 By Representatives WHEATLEY, OLIVER, BAKER, KULA, McILVAINE SMITH, PARKER and JOSEPHS

An Act amending the act of November 24, 1999 (P.L.884, No.54),

known as the Prescribed Pediatric Extended Care Centers Act, providing for a definition of "child"; and further providing for the definition of "medically dependent or technologically dependent child."

Referred to Committee on HEALTH AND HUMAN

SERVICES, September 24, 2010.

No. 2761 By Representatives VEREB, PAYTON, REICHLEY, KAUFFMAN, CHRISTIANA, CLYMER, DAY, GABLER, GROVE, M. O'BRIEN, SANTARSIERO, SAYLOR, SONNEY, TRUE and TURZAI

A Supplement to the act of June 12, 1931 (P.L.575, No.200),

entitled "An act providing for joint action by Pennsylvania and New Jersey in the development of the ports on the lower Delaware River, and the improvement of the facilities for transportation across the river; authorizing the Governor, for these purposes, to enter into an agreement with New Jersey; creating The Delaware River Joint Commission and specifying the powers and duties thereof, including the power to finance projects by the issuance of revenue bonds; transferring to the new commission all the powers of the Delaware River Bridge Joint Commission; and making an appropriation," further providing for the Delaware River Joint Commission, for composition, for employees, for financing, for executive sessions; providing for majority approval and contract procedures; further providing for report; providing for conflicts of interest, for master plan and creating the Port Authority Transit Corporation Commuter's Council; further providing for definitions; authorizing the Governor to apply for approval; prohibiting the entrance into a compact until passage of a similar act; and making editorial changes.

Referred to Committee on TRANSPORTATION,

September 24, 2010. No. 2762 By Representatives SANTARSIERO, DeLUCA, GEORGE, JOSEPHS, MAHONEY, MIRABITO, READSHAW, SIPTROTH, STABACK, SWANGER and O'NEILL

An Act providing for the Consumer Education in Small Face

Amount Life Insurance Policies Act. Referred to Committee on INSURANCE, September 27,

2010.

SENATE BILLS FOR CONCURRENCE

The clerk of the Senate, being introduced, presented the following bills for concurrence: SB 53, PN 2140 Referred to Committee on JUDICIARY, September 24, 2010. SB 1181, PN 2187 Referred to Committee on INSURANCE, September 24, 2010. SB 1360, PN 2188 Referred to Committee on HEALTH AND HUMAN SERVICES, September 24, 2010.

BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 2760, PN 4320 By Rep. MYERS An Act amending the act of November 24, 1999 (P.L.884, No.54),

known as the Prescribed Pediatric Extended Care Centers Act,

2010 LEGISLATIVE JOURNAL—HOUSE 1271 providing for a definition of "child"; and further providing for the definition of "medically dependent or technologically dependent child."

HEALTH AND HUMAN SERVICES.

SB 59, PN 2222 (Amended) By Rep. MYERS An Act amending the act of June 13, 1967 (P.L.31, No.21), known

as the Public Welfare Code, further providing for application for registration certificate, for issuance of registration certificate and for records; providing for disclosure; and further providing for emergency closure.


SB 460, PN 2111 By Rep. MYERS An Act providing for the regulation of indoor tanning facilities and

for penalties.


SB 1360, PN 2188 By Rep. MYERS An Act amending Title 23 (Domestic Relations) of the

Pennsylvania Consolidated Statutes, in adoption, further providing for hearing, for alternative procedure for relinquishment and for grounds for involuntary termination; providing for voluntary agreement for continuing contact; further providing for impounding of proceedings and access to records and for medical history information; providing for records and access to information; establishing an information registry; and making editorial changes.


RESOLUTION REPORTED FROM COMMITTEE

HR 953, PN 4313 By Rep. MYERS A Resolution memorializing the Congress of the United States to

extend the Temporary Assistance for Needy Families Emergency Contingency Fund by extending the time limit for states to draw upon the fund.


The SPEAKER. The resolution will go to the House calendar.

BILLS REREPORTED FROM COMMITTEE

HB 176, PN 4124 By Rep. D. EVANS An Act amending the act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for schedules of controlled substances.

APPROPRIATIONS.

HB 1572, PN 4062 By Rep. D. EVANS An Act amending Title 24 (Education) of the Pennsylvania

Consolidated Statutes, providing for school foods reform and imposing duties on schools relating to the sale of food and beverages and on the Department of Education and the Department of Health.

APPROPRIATIONS.

HB 1750, PN 3441 By Rep. D. EVANS An Act amending Titles 18 (Crimes and Offenses) and

40 (Insurance) of the Pennsylvania Consolidated Statutes, further providing for insurance fraud; consolidating Article XI of The Insurance Department Act of 1921, further providing for purpose, for definitions, for Insurance Fraud Prevention Trust Fund, for powers and duties and for duties of insurance licensees and their employees; and making a repeal.

APPROPRIATIONS.

HB 1769, PN 2460 By Rep. D. EVANS An Act amending the act of February 11, 1998 (P.L.58, No.15),

known as the Combustible and Flammable Liquids Act, further providing for regulations and for prohibitions.

APPROPRIATIONS.

HB 2300, PN 4052 By Rep. D. EVANS An Act amending the act of April 9, 1929 (P.L.177, No.175),

known as The Administrative Code of 1929, providing for the State Geospatial Coordinating Council.

APPROPRIATIONS.

HB 2321, PN 3346 By Rep. D. EVANS An Act amending Titles 4 (Amusements), 18 (Crimes and

Offenses) and 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, consolidating statutory provisions relating to firefighters, the State Fire Commissioner and grants to fire companies and other services; making editorial changes; and making related repeals.

APPROPRIATIONS.

HB 2381, PN 3474 By Rep. D. EVANS An Act designating Route 202 Parkway on State Route 202

connecting State Route 63 in Montgomery Township, Montgomery County, and State Route 611 in Doylestown Township, Bucks County, as the George A. Penglase Memorial Parkway.

APPROPRIATIONS.

HB 2439, PN 3603 By Rep. D. EVANS An Act amending Title 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, further providing for person with disability plate and placard.

APPROPRIATIONS.

HB 2461, PN 4019 By Rep. D. EVANS An Act designating State Route 462 from its intersection with

U.S. Route 30 in West Manchester Township, York County, to the point where it meets State Route 24 in Springettsbury Township, York County, as the Korean War Veterans Memorial Highway.

APPROPRIATIONS.

HB 2492, PN 4088 By Rep. D. EVANS An Act changing the name of the Department of Public Welfare;

and providing for transition period.

APPROPRIATIONS.


HB 2604, PN 3974 By Rep. D. EVANS An Act designating State Route 18 in Big Beaver Borough, Beaver

County, as the "Vietnam Veterans of America Memorial Highway."

APPROPRIATIONS.

HB 2614, PN 4228 By Rep. D. EVANS An Act designating the State Street (SR4028) Bridge over the

Schuylkill River in Hamburg Borough and Tilden Township, Berks County, as the Senator Jim Rhoades Memorial Bridge.

APPROPRIATIONS.

HB 2728, PN 4274 By Rep. D. EVANS An Act establishing standards for managing concussions and head

injuries to student athletes; assigning duties to the Department of Health and the Department of Education; and imposing penalties.

APPROPRIATIONS.

HB 2733, PN 4275 By Rep. D. EVANS An Act amending the act of March 10, 1949 (P.L.30, No.14),

known as the Public School Code of 1949, further providing for temporary special aid to school districts suffering loss of tax revenue due to bankruptcy of businesses in the school district; and providing for temporary special aid to school districts suffering loss of payment in lieu of taxes from local sources.

APPROPRIATIONS.

SB 699, PN 1888 By Rep. D. EVANS An Act providing for protection of abused, neglected, exploited or

abandoned adults; establishing a uniform Statewide reporting and investigative system for suspected abuse, neglect, exploitation or abandonment of adults; providing for protective services; and prescribing penalties.

APPROPRIATIONS.

SB 1161, PN 2206 By Rep. D. EVANS An Act amending Titles 42 (Judiciary and Judicial Procedure) and

61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, further providing for adoption of guidelines for sentencing; providing for adoption of risk assessment instrument; in general administration, providing for powers and duties of department; in county jail oversight board in counties of the second class and second class A, further providing for scope of subchapter, for definitions and for county jail oversight board; in inmate labor, adding provisions relating to State correctional institutions and the Prison Labor Commission; in inmate prerelease plans, providing for inmates serving short minimum sentences; in motivational boot camp, providing for evaluation; in State intermediate punishment, further providing for evaluation and for reports; in probation and parole, providing for release to group-based home providers; further providing for parole power; in interstate compacts, further providing for powers of Attorney General; providing for Interstate Compact for the Supervision of Adult Offenders fee; providing for confidentiality of victim information; further providing for board actions, for general powers of the board, for parole power, for violation of terms of parole, for victim statements, testimony and participation in hearing and for supervisory relationship to offenders; transferring sums to the Pennsylvania Commission on Sentencing; providing for adult supervision fee; and making editorial changes and a related repeal.

APPROPRIATIONS.

SB 1327, PN 1900 By Rep. D. EVANS An Act amending the act of May 11, 1889 (P.L.188, No.210),

entitled "A further supplement to an act, entitled 'An act to establish a board of wardens for the Port of Philadelphia, and for the regulation of pilots and pilotage, and for other purposes,' approved March twenty-ninth, one thousand eight hundred and three, and for regulating the rates of pilotage and number of pilots," further providing for certain charges.

APPROPRIATIONS.

The SPEAKER. Those bills will go to the House supplemental calendar.

BILLS REREPORTED FROM COMMITTEE

HB 125, PN 2770 By Rep. D. EVANS An Act amending the act of December 20, 1985 (P.L.457,

No.112), known as the Medical Practice Act of 1985, further providing for definitions; and providing for regulation of genetic counselors.

APPROPRIATIONS.

HB 127, PN 2771 By Rep. D. EVANS An Act amending the act of October 5, 1978 (P.L.1109, No.261),

known as the Osteopathic Medical Practice Act, further providing for definitions; and providing for regulation of genetic counselors.

APPROPRIATIONS.

HB 2629, PN 4328 (Amended) By Rep. D. EVANS An Act providing for the Pennsylvania Officer Down Advisory;

authorizing and directing the Pennsylvania State Police to establish and maintain the Pennsylvania Officer Down Advisory; assessing costs; and providing for immunity and penalties.

APPROPRIATIONS.

SB 1155, PN 2221 (Amended) By Rep. D. EVANS An Act amending Title 16 (Counties) of the Pennsylvania

Consolidated Statutes, adding provisions for required fiscal security through bonding, blanket bonding and insuring of elected and appointed county officers and employees; providing for determining the form, amount and payment of premiums for and the filing and recording of the required security, for the subsequent issuance of official commissions, for the effects of natural gas drilling and for a Marcellus Shale Job Creation Tax Credit; and making related repeals.

APPROPRIATIONS.

The SPEAKER. Those bills will go to the House calendar.

LEAVE OF ABSENCE

The SPEAKER. Turning to leaves of absence, the Chair recognizes the minority whip, Representative Turzai, who requests a leave of absence for the gentleman from Montgomery County, Representative VEREB, for the remainder of the day. Without objection, the leave will be granted.


SUPPLEMENTAL CALENDAR A

BILLS ON SECOND CONSIDERATION

The House proceeded to second consideration of SB 1161, PN 2206, entitled:

An Act amending Titles 42 (Judiciary and Judicial Procedure) and

61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, further providing for adoption of guidelines for sentencing; providing for adoption of risk assessment instrument; in general administration, providing for powers and duties of department; in county jail oversight board in counties of the second class and second class A, further providing for scope of subchapter, for definitions and for county jail oversight board; in inmate labor, adding provisions relating to State correctional institutions and the Prison Labor Commission; in inmate prerelease plans, providing for inmates serving short minimum sentences; in motivational boot camp, providing for evaluation; in State intermediate punishment, further providing for evaluation and for reports; in probation and parole, providing for release to group-based home providers; further providing for parole power; in interstate compacts, further providing for powers of Attorney General; providing for Interstate Compact for the Supervision of Adult Offenders fee; providing for confidentiality of victim information; further providing for board actions, for general powers of the board, for parole power, for violation of terms of parole, for victim statements, testimony and participation in hearing and for supervisory relationship to offenders; transferring sums to the Pennsylvania Commission on Sentencing; providing for adult supervision fee; and making editorial changes and a related repeal. On the question, Will the House agree to the bill on second consideration? Bill was agreed to.

* * * The House proceeded to second consideration of SB 1327, PN 1900, entitled:

An Act amending the act of May 11, 1889 (P.L.188, No.210),

entitled "A further supplement to an act, entitled 'An act to establish a board of wardens for the Port of Philadelphia, and for the regulation of pilots and pilotage, and for other purposes,' approved March twenty-ninth, one thousand eight hundred and three, and for regulating the rates of pilotage and number of pilots," further providing for certain charges. On the question, Will the House agree to the bill on second consideration? Bill was agreed to.

* * * The House proceeded to second consideration of HB 2300, PN 4052, entitled:

An Act amending the act of April 9, 1929 (P.L.177, No.175),

known as The Administrative Code of 1929, providing for the State Geospatial Coordinating Council. On the question, Will the House agree to the bill on second consideration? Bill was agreed to.

* * *

The House proceeded to second consideration of HB 176, PN 4124, entitled:

An Act amending the act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for schedules of controlled substances. On the question, Will the House agree to the bill on second consideration? Mr. CASORIO offered the following amendment No. A08979:

Amend Bill, page 1, lines 14 through 17, by striking out all of said lines and inserting

Section 1. Section 4(1)(iii) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, amended November 24, 1999 (P.L.894, No.55), is amended and clause (1) is amended by adding a subclause to read:

Amend Bill, page 2, by inserting between lines 7 and 8 (iii) Any material, compound, mixture, or preparation which

contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

1. 3,4-methylenedioxy amphetamine. 2. 5-methoxy-3,4-methylenedioxy amphetamine. 3. 3,4,5-trimethoxy amphetamine. 4. Bufotenine. 5. Diethyltryptamine. 6. Dimethyltryptamine. 7. 4-methyl-2,5-dimethoxyamphetamine. 8. Ibogaine. 9. Lysergic acid diethylamide. 10. Mescaline. 11. Peyote. 12. N-ethyl-3-piperidyl benzilate. 13. N-methyl-3-piperidyl benzilate. 14. Psilocybin. 15. Psilocyn. 16. Tetrahydrocannabinols. 17. Divinorin A. 18. Salvia Divinorum. 19. Salvinorin A. * * *

On the question, Will the House agree to the amendment? The SPEAKER. The Chair recognizes the gentleman from Westmoreland County, Representative Casorio, for a brief explanation of the amendment. Mr. CASORIO. Thank you, Mr. Speaker. Mr. Speaker, this amendment incorporates into HB 176 the substance of salvia divinorum. We are attempting to make that illegal in Pennsylvania. It is currently legal on the Internet. We have had several cases of some young folks being harmed by this substance that affects their ability to think and go through rational thought processes. Again, this is making the legal drug of salvia divinorum incorporated into the bill as synthetic marijuana, and I would ask for the House's affirmative vote. 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–190 Adolph Fairchild Lentz Ravenstahl Baker Farry Levdansky Readshaw Barbin Fleck Longietti Reed Barrar Frankel Mahoney Reese Bear Freeman Major Reichley Benninghoff Gabig Manderino Roae Beyer Gabler Mann Rock Boback Galloway Markosek Roebuck Boyd Geist Marshall Rohrer Boyle George Marsico Ross Bradford Gerber Matzie Sabatina Brennan Gergely McGeehan Sainato Brooks Gibbons McI. Smith Samuelson Brown Gillespie Melio Santarsiero Burns Gingrich Metcalfe Santoni Buxton Godshall Metzgar Saylor Caltagirone Goodman Miccarelli Scavello Carroll Grell Micozzie Schroder Casorio Grove Millard Seip Causer Grucela Miller Shapiro Christiana Hahn Milne Siptroth Clymer Haluska Mirabito Smith, K. Cohen Hanna Moul Smith, M. Conklin Harhai Mundy Smith, S. Costa, D. Harhart Murphy Solobay Costa, P. Harkins Murt Sonney Cox Harper Mustio Staback Creighton Harris Myers Stern Curry Helm O'Brien, D. Stevenson Cutler Hennessey O'Brien, M. Sturla Daley Hess O'Neill Tallman Day Hickernell Oberlander Taylor, J. Deasy Hornaman Pallone Taylor, R. Delozier Houghton Pashinski Toepel DeLuca Hutchinson Payne Turzai Denlinger Johnson Payton Vitali DePasquale Josephs Peifer Vulakovich Dermody Kauffman Perry Wagner DeWeese Keller, M.K. Perzel Wansacz DiGirolamo Keller, W. Petrarca Waters Donatucci Kessler Petri Wheatley Drucker Killion Phillips White Eachus Kirkland Pickett Williams Ellis Knowles Preston Youngblood Evans, D. Kortz Pyle Yudichak Evans, J. Kotik Quigley Everett Krieger Quinn McCall, Fabrizio Kula Rapp Speaker NAYS–0 NOT VOTING–0 EXCUSED–12 Belfanti Cruz Parker True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to.

On the question, Will the House agree to the bill on second consideration as amended? Bill as amended was agreed to. (Bill as amended will be reprinted.)

CALENDAR

BILL ON SECOND CONSIDERATION


An Act amending the act of December 17, 1968 (P.L.1224,

No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for private actions. On the question, Will the House agree to the bill on second consideration? Bill was agreed to.

SUPPLEMENTAL CALENDAR A CONTINUED


The House proceeded to second consideration of SB 699, PN 1888, entitled:

An Act providing for protection of abused, neglected, exploited or

abandoned adults; establishing a uniform Statewide reporting and investigative system for suspected abuse, neglect, exploitation or abandonment of adults; providing for protective services; and prescribing penalties. On the question, Will the House agree to the bill on second consideration? Bill was agreed to.

CALENDAR CONTINUED

BILLS ON THIRD CONSIDERATION

The House proceeded to third consideration of HB 2106, PN 4288, entitled:

An Act establishing the Pennsylvania Health Information

Exchange Authority and the Health Information Technology Fund; and providing for grants and loans for health information technology and for duties of the Department of Community and Economic Development. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.)


The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–146 Adolph Evans, J. Kotik Quigley Baker Everett Kula Quinn Barbin Fabrizio Lentz Ravenstahl Barrar Fairchild Levdansky Readshaw Bear Farry Longietti Reichley Beyer Fleck Mahoney Roebuck Boback Frankel Major Ross Boyd Freeman Manderino Sabatina Boyle Galloway Mann Sainato Bradford Geist Markosek Samuelson Brennan George Marshall Santarsiero Brown Gerber Matzie Santoni Burns Gergely McGeehan Saylor Buxton Gibbons McI. Smith Seip Caltagirone Godshall Melio Shapiro Carroll Goodman Micozzie Siptroth Casorio Grucela Miller Smith, K. Christiana Hahn Milne Smith, M. Clymer Haluska Mirabito Solobay Cohen Hanna Mundy Sonney Conklin Harhai Murphy Staback Costa, D. Harhart Murt Sturla Costa, P. Harkins Mustio Taylor, J. Curry Harper Myers Taylor, R. Cutler Harris O'Brien, D. Vitali Daley Hennessey O'Brien, M. Vulakovich Day Hess O'Neill Wagner Deasy Hickernell Pallone Wansacz DeLuca Hornaman Pashinski Waters DePasquale Houghton Payton Wheatley Dermody Johnson Perzel White DeWeese Josephs Petrarca Williams DiGirolamo Keller, W. Petri Youngblood Donatucci Kessler Phillips Yudichak Drucker Killion Pickett Eachus Kirkland Preston McCall, Evans, D. Kortz Pyle Speaker NAYS–44 Benninghoff Gingrich Metzgar Roae Brooks Grell Miccarelli Rock Causer Grove Millard Rohrer Cox Helm Moul Scavello Creighton Hutchinson Oberlander Schroder Delozier Kauffman Payne Smith, S. Denlinger Keller, M.K. Peifer Stern Ellis Knowles Perry Stevenson Gabig Krieger Rapp Tallman Gabler Marsico Reed Toepel Gillespie Metcalfe Reese Turzai NOT VOTING–0 EXCUSED–12 Belfanti Cruz Parker True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally.

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

* * * The House proceeded to third consideration of HB 2540, PN 3813, entitled:

An Act amending the act of March 10, 1949 (P.L.30, No.14),

known as the Public School Code of 1949, further providing for payment of salaries in cases of sickness, injury or death. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–187 Adolph Farry Lentz Ravenstahl Baker Fleck Levdansky Readshaw Barbin Frankel Longietti Reed Barrar Freeman Mahoney Reese Bear Gabig Major Reichley Benninghoff Gabler Manderino Roae Beyer Galloway Mann Rock Boback Geist Markosek Roebuck Boyd George Marshall Rohrer Boyle Gerber Marsico Ross Bradford Gergely Matzie Sabatina Brennan Gibbons McGeehan Sainato Brooks Gillespie McI. Smith Samuelson Brown Gingrich Melio Santarsiero Burns Godshall Metzgar Santoni Buxton Goodman Miccarelli Saylor Caltagirone Grell Micozzie Scavello Carroll Grove Millard Schroder Casorio Grucela Miller Seip Causer Hahn Milne Shapiro Christiana Haluska Mirabito Siptroth Clymer Hanna Moul Smith, K. Cohen Harhai Mundy Smith, M. Conklin Harhart Murphy Smith, S. Costa, D. Harkins Murt Solobay Costa, P. Harper Mustio Sonney Cox Harris Myers Staback Curry Helm O'Brien, D. Stern Cutler Hennessey O'Brien, M. Stevenson Daley Hess O'Neill Sturla Day Hickernell Oberlander Tallman Deasy Hornaman Pallone Taylor, J. Delozier Houghton Pashinski Taylor, R. DeLuca Hutchinson Payne Turzai Denlinger Johnson Payton Vitali DePasquale Josephs Peifer Vulakovich Dermody Kauffman Perry Wagner DeWeese Keller, M.K. Perzel Wansacz DiGirolamo Keller, W. Petrarca Waters Donatucci Kessler Petri Wheatley

1276 LEGISLATIVE JOURNAL—HOUSE SEPTEMBER 27 Drucker Killion Phillips White Eachus Kirkland Pickett Williams Ellis Knowles Preston Youngblood Evans, D. Kortz Pyle Yudichak Evans, J. Kotik Quigley Everett Krieger Quinn McCall, Fabrizio Kula Rapp Speaker Fairchild NAYS–3 Creighton Metcalfe Toepel NOT VOTING–0 EXCUSED–12 Belfanti Cruz Parker True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.

* * * The House proceeded to third consideration of SB 918, PN 2205, entitled:

An Act amending Title 53 (Municipalities Generally) of the

Pennsylvania Consolidated Statutes, providing for agreements for fire protection services in cities of the second class; consolidating and amending the Third Class County Assessment Board Law, The Fourth to Eighth Class and Selective County Assessment Law and provisions of The County Code relating to auxiliary board of assessment appeals and assessment of signs and sign structures; providing for municipal pensions in cities of the second class; and making related repeals. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–128 Adolph Frankel Mann Sabatina Barbin Freeman Markosek Sainato Barrar Galloway Marshall Samuelson Beyer George Matzie Santarsiero Boyd Gerber McGeehan Santoni Boyle Gergely Miccarelli Saylor Bradford Gibbons Micozzie Scavello Brennan Godshall Mirabito Seip Brown Goodman Mundy Siptroth Burns Haluska Murphy Smith, K.

Buxton Hanna Murt Smith, M. Caltagirone Harhai Mustio Smith, S. Carroll Harkins Myers Solobay Christiana Harper O'Brien, D. Staback Clymer Helm O'Brien, M. Sturla Cohen Hennessey O'Neill Taylor, J. Conklin Hickernell Pallone Taylor, R. Costa, D. Hornaman Pashinski Toepel Costa, P. Houghton Payne Turzai Curry Johnson Payton Vitali Cutler Josephs Perzel Vulakovich Daley Keller, W. Petrarca Wagner Deasy Kessler Petri Wansacz DeLuca Killion Preston Waters DePasquale Kirkland Pyle Wheatley Dermody Kortz Quigley White DiGirolamo Kotik Quinn Williams Donatucci Krieger Ravenstahl Youngblood Drucker Lentz Readshaw Yudichak Eachus Levdansky Reese Evans, D. Longietti Roebuck McCall, Fabrizio Mahoney Ross Speaker Farry Manderino NAYS–62 Baker Fairchild Keller, M.K. Perry Bear Fleck Knowles Phillips Benninghoff Gabig Kula Pickett Boback Gabler Major Rapp Brooks Geist Marsico Reed Casorio Gillespie McI. Smith Reichley Causer Gingrich Melio Roae Cox Grell Metcalfe Rock Creighton Grove Metzgar Rohrer Day Grucela Millard Schroder Delozier Hahn Miller Shapiro Denlinger Harhart Milne Sonney DeWeese Harris Moul Stern Ellis Hess Oberlander Stevenson Evans, J. Hutchinson Peifer Tallman Everett Kauffman NOT VOTING–0 EXCUSED–12 Belfanti Cruz Parker True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson 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 with amendment in which the concurrence of the Senate is requested.


An Act amending Title 62 (Procurement) of the Pennsylvania

Consolidated Statutes, in general provisions, providing for public access to procurement information; in source selection and contract information, further providing for competitive sealed proposals; in small and disadvantaged businesses, further providing for definitions and providing for authority to waive employee limit, for mentor-protege program, for small business reserve program, for alternative certification, for oversight and responsibility and for contractor performance and general conditions; in small and disadvantaged

2010 LEGISLATIVE JOURNAL—HOUSE 1277 businesses, establishing a surety bond guarantee program; and, in contracts for public works, further providing for contractors' and subcontractors' payment obligations. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? On that question, the Chair recognizes the gentleman from Beaver County, Representative Christiana. Mr. CHRISTIANA. Thank you, Mr. Speaker. Mr. Speaker, I would like to stand today in support of HB 2149. As amended, Mr. Speaker, this bill will greatly impact the way that taxpayer-funded multimillion-dollar contracts are awarded. This is reform that must take place in order to bring real fiscal responsibility to the State Capitol. Along with complete transparency, contract reform and ending pay-to-play politics are a must. The SPEAKER. The gentleman will yield. The House will come to order. Members will please take their seats. The House will come to order. The House will come to order. The gentleman from Beaver, Representative Christiana, may continue. Mr. CHRISTIANA. Thank you very much, Mr. Speaker. Along with complete transparency, contract reform and ending pay-to-play politics are a must. This bill will make sure that no longer can someone from a private company come and work for the government and then start writing contracts to be awarded to their former bosses. I would like to thank Democratic Auditor General Jack Wagner for releasing an audit on this matter back in October of 2009. It has been well documented, Mr. Speaker, that in the past this practice of revolving door politics has occurred. And today I am thankful that this General Assembly will hopefully be sending a solution to the Senate, a solution that will end pay-to-play politics and finally stop the revolving door in Harrisburg. I would like to stand and ask for an affirmative vote from my colleagues on both sides of the aisle. Thank you, Mr. Speaker. 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. (Members proceeded to vote.)

LEAVE OF ABSENCE

The SPEAKER. Turning to leaves of absence, the Chair recognizes the gentleman from Allegheny County, the majority whip, Representative Dermody, who requests a leave of absence for the gentleman from Delaware County, Representative LENTZ, for the remainder of the day. Without objection, the leave will be granted.

CONSIDERATION OF HB 2149 CONTINUED

On the question recurring, Shall the bill pass finally? The following roll call was recorded: YEAS–189 Adolph Fairchild Levdansky Readshaw Baker Farry Longietti Reed Barbin Fleck Mahoney Reese Barrar Frankel Major Reichley Bear Freeman Manderino Roae Benninghoff Gabig Mann Rock Beyer Gabler Markosek Roebuck Boback Galloway Marshall Rohrer Boyd Geist Marsico Ross Boyle George Matzie Sabatina Bradford Gerber McGeehan Sainato Brennan Gergely McI. Smith Samuelson Brooks Gibbons Melio Santarsiero Brown Gillespie Metcalfe Santoni Burns Gingrich Metzgar Saylor Buxton Godshall Miccarelli Scavello Caltagirone Goodman Micozzie Schroder Carroll Grell Millard Seip Casorio Grove Miller Shapiro Causer Grucela Milne Siptroth Christiana Hahn Mirabito Smith, K. Clymer Haluska Moul Smith, M. Cohen Hanna Mundy Smith, S. Conklin Harhai Murphy Solobay Costa, D. Harhart Murt Sonney Costa, P. Harkins Mustio Staback Cox Harper Myers Stern Creighton Harris O'Brien, D. Stevenson Curry Helm O'Brien, M. Sturla Cutler Hennessey O'Neill Tallman Daley Hess Oberlander Taylor, J. Day Hickernell Pallone Taylor, R. Deasy Hornaman Pashinski Toepel Delozier Houghton Payne Turzai DeLuca Hutchinson Payton Vitali Denlinger Johnson Peifer Vulakovich DePasquale Josephs Perry Wagner Dermody Kauffman Perzel Wansacz DeWeese Keller, M.K. Petrarca Waters DiGirolamo Keller, W. Petri Wheatley Donatucci Kessler Phillips White Drucker Killion Pickett Williams Eachus Kirkland Preston Youngblood Ellis Knowles Pyle Yudichak Evans, D. Kortz Quigley Evans, J. Kotik Quinn McCall, Everett Krieger Rapp Speaker Fabrizio Kula Ravenstahl NAYS–0 NOT VOTING–0 EXCUSED–13 Belfanti Lentz Parker True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson Cruz The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally.


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


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

known as The County Code, in county officers, further providing for enumeration of elected officers. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–130 Adolph Eachus Knowles Preston Barbin Evans, D. Kortz Quinn Barrar Fabrizio Kotik Ravenstahl Bear Farry Krieger Readshaw Beyer Fleck Levdansky Reese Boyd Frankel Manderino Rock Boyle Freeman Mann Roebuck Bradford Gabig Markosek Rohrer Brennan Galloway Marshall Sabatina Buxton George Marsico Samuelson Caltagirone Gerber Matzie Santarsiero Carroll Gergely McGeehan Santoni Casorio Gillespie McI. Smith Saylor Causer Goodman Melio Seip Christiana Grell Metcalfe Shapiro Clymer Grove Micozzie Smith, K. Cohen Grucela Miller Smith, M. Costa, D. Hahn Mirabito Smith, S. Costa, P. Hanna Mundy Solobay Cox Harhart Murphy Staback Creighton Harkins Mustio Sturla Curry Harris Myers Taylor, J. Cutler Helm O'Brien, D. Taylor, R. Day Hickernell O'Brien, M. Turzai Deasy Hornaman O'Neill Vitali Delozier Houghton Pallone Vulakovich DeLuca Josephs Pashinski Wagner Denlinger Kauffman Payne Wansacz DePasquale Keller, M.K. Payton Waters Dermody Keller, W. Perry Wheatley DiGirolamo Kessler Perzel Youngblood Donatucci Killion Petri Yudichak Drucker Kirkland NAYS–59 Baker Gingrich Millard Ross Benninghoff Godshall Milne Sainato Boback Haluska Moul Scavello Brooks Harhai Murt Schroder Brown Harper Oberlander Siptroth Burns Hennessey Peifer Sonney

Conklin Hess Petrarca Stern Daley Hutchinson Phillips Stevenson DeWeese Johnson Pickett Tallman Ellis Kula Pyle Toepel Evans, J. Longietti Quigley White Everett Mahoney Rapp Williams Fairchild Major Reed Gabler Metzgar Reichley McCall, Geist Miccarelli Roae Speaker Gibbons NOT VOTING–0 EXCUSED–13 Belfanti Lentz Parker True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson Cruz 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.

REMARKS SUBMITTED FOR THE RECORD

The SPEAKER. For what purpose does the gentleman from Chester County, Representative Hennessey, rise? Mr. HENNESSEY. Thank you, Mr. Speaker. I have remarks I would like to submit for the record with regard to the passage of HB 2000. The SPEAKER. The gentleman is in order. Mr. HENNESSEY. Thank you. Mr. HENNESSEY submitted the following remarks for the Legislative Journal:

Thank you, Mr. Speaker. I rise to oppose HB 2000, even though it would be permissive and

not mandatory in allowing counties to eliminate the office of jury commissioner.

I do so because I believe the bill underestimates and undervalues the services performed by jury commissioners across the Commonwealth in supervising, overseeing, and responding to questions and the needs of prospective jurors.

Routinely, citizens summoned for jury duty make requests to be excused, delayed, or rescheduled. It makes sense to have a consistent, stable voice making those decisions and answering those questions.

The jury commissioners give the waiting, potential jurors an explanation of and an interesting overview of the judicial process. They also repeatedly deal with issues that arise with individual jurors on a day-to-day basis, to be excused because of unforeseen emergencies.

It is a mistake to think that we can do without them or replace them with someone else – pulled from other duties – or worse, with a succession of "whoever's available."

Our citizens deserve more. The impetus for HB 2000 seems to be a perceived cost savings. But

someone will be paid to provide this supervision. The citizens on jury duty deserve someone to serve their needs. They are often not happy to be there. They are often frustrated by apparent inactivity and lapses of time.

They deserve the consistent voice and consistent direction that a jury commissioner can provide.


I hope the county commissioners will consider these matters before they decide whether to eliminate this position in their counties.

Thank you, Mr. Speaker.




An Act amending Title 24 (Education) of the Pennsylvania

Consolidated Statutes, providing for school foods reform and imposing duties on schools relating to the sale of food and beverages and on the Department of Education and the Department of Health. On the question, Will the House agree to the bill on second consideration? The SPEAKER. It is the Chair's understanding that the gentleman from York County, Representative Saylor; the gentleman York, Representative Miller; and the gentleman from Bucks County, Representative Clymer, are withdrawing their amendments to this bill? The Chair thanks the gentlemen. There are also two late-filed amendments to this legislation. The gentleman from Westmoreland County, Representative Pallone, would require a rules suspension. Does the gentleman wish to be recognized for that purpose? The House will be at ease. The House will come to order.

MOTION TO SUSPEND RULES

The SPEAKER. The Chair recognizes the gentleman from Westmoreland County, Representative Pallone. Mr. PALLONE. Thank you, Mr. Speaker. I am asking for a suspension of the rules to run the amendment. Very briefly, it just changes the definition to include carbonated beverages with no sugar substitutes and so forth. It is just a change to the definition of what can be included or excluded relative to carbonated beverages. The SPEAKER. The Chair thanks the gentleman. On the question of suspension of the rules, the Chair recognizes the majority leader. The Chair recognizes the majority leader on the suspension of the rules for the immediate consideration of the Pallone amendment. Mr. EACHUS. Thank you, Mr. Speaker. Mr. Speaker, I respectfully rise to oppose the suspension vote on the Pallone amendment. I ask the members to oppose the Pallone suspension. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. On the question, Will the House agree to the motion?

The following roll call was recorded: YEAS–112 Adolph Farry Mahoney Pyle Baker Fleck Major Quigley Barrar Gabig Manderino Quinn Bear Galloway Markosek Rapp Benninghoff Geist Marshall Reed Beyer George Marsico Reese Boback Gibbons Matzie Reichley Boyd Gingrich Metcalfe Rock Causer Godshall Miccarelli Rohrer Christiana Grove Micozzie Ross Clymer Hahn Millard Sainato Cohen Hanna Miller Saylor Costa, D. Harhart Milne Scavello Costa, P. Harper Moul Schroder Cox Harris Murt Smith, S. Creighton Helm Mustio Solobay Daley Hennessey O'Brien, D. Sonney Day Hess O'Neill Staback Delozier Hickernell Oberlander Stern DeLuca Hutchinson Pallone Stevenson Denlinger Kauffman Payne Tallman Dermody Keller, M.K. Peifer Taylor, J. DiGirolamo Killion Perry Toepel Donatucci Knowles Perzel Turzai Ellis Kotik Petrarca Wansacz Evans, J. Krieger Petri Waters Everett Kula Phillips White Fairchild Levdansky Pickett Williams NAYS–77 Barbin Fabrizio Kortz Samuelson Boyle Frankel Longietti Santarsiero Bradford Freeman Mann Santoni Brennan Gabler McGeehan Seip Brooks Gerber McI. Smith Shapiro Brown Gergely Melio Siptroth Burns Gillespie Metzgar Smith, K. Buxton Goodman Mirabito Smith, M. Caltagirone Grell Mundy Sturla Carroll Grucela Murphy Taylor, R. Casorio Haluska Myers Vitali Conklin Harhai O'Brien, M. Vulakovich Curry Harkins Pashinski Wagner Cutler Hornaman Payton Wheatley Deasy Houghton Preston Youngblood DePasquale Johnson Ravenstahl Yudichak DeWeese Josephs Readshaw Drucker Keller, W. Roae McCall, Eachus Kessler Roebuck Speaker Evans, D. Kirkland Sabatina NOT VOTING–0 EXCUSED–13 Belfanti Lentz Parker True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson Cruz Less than a majority of the members required by the rules having voted in the affirmative, the question was determined in the negative and the motion was not agreed to.


On the question recurring, Will the House agree to the bill on second consideration? The SPEAKER. The gentleman from York County, Representative Grove, has an amendment, a late-filed amendment. The Chair recognizes the gentleman from York County, Representative Grove. Mr. GROVE. Thank you, Mr. Speaker. I will be withdrawing my amendment. The amendment would basically allow school districts who have a contractual agreement with a soda company to allow soda products or whatever products in the schools until that contract would be voided, until it would run out, to ensure that the school district would not be held. I will pull that and continue to work with the prime sponsor of the bill in further sessions. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration? Bill was agreed to.


An Act establishing standards for managing concussions and head

injuries to student athletes; assigning duties to the Department of Health and the Department of Education; and imposing penalties. On the question, Will the House agree to the bill on second consideration? The SPEAKER. On that question, the gentleman from York County, Representative Perry, is withdrawing amendment 09006? The Chair thanks the gentleman. The Chair recognizes the gentleman from Montgomery County, Representative Shapiro. He has two amendments. Is the gentleman offering both amendments? Mr. SHAPIRO. Thank you, Mr. Speaker. Mr. Speaker, I wish to offer amendment A09023, which is an agreed-to amendment with the sponsor. The SPEAKER. The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration? Mr. SHAPIRO offered the following amendment No. A09023:

Amend Bill, page 4, lines 20 and 21, by striking out " OR " in line 20 and "EXPAND" in line 21 and inserting

, expand, reduce, contract or eliminate Amend Bill, page 4, lines 22 and 23, by striking out ",

INCLUDING ANY INDEPENDENT CONTRACTOR OR " in line 22 and "EMPLOYEE OF AN INDEPENDENT CONTRACTOR" in line 23 On the question, Will the House agree to the amendment?

The following roll call was recorded: YEAS–185 Adolph Fabrizio Krieger Readshaw Baker Fairchild Kula Reed Barbin Farry Levdansky Reese Barrar Fleck Longietti Reichley Bear Frankel Mahoney Roae Benninghoff Freeman Major Rock Beyer Gabig Manderino Roebuck Boback Gabler Mann Rohrer Boyd Galloway Markosek Ross Boyle Geist Marshall Sabatina Bradford George Marsico Sainato Brennan Gerber Matzie Samuelson Brooks Gergely McGeehan Santarsiero Brown Gibbons McI. Smith Santoni Burns Gillespie Melio Saylor Buxton Gingrich Miccarelli Scavello Caltagirone Godshall Micozzie Schroder Carroll Goodman Millard Seip Casorio Grell Miller Shapiro Causer Grove Milne Siptroth Christiana Grucela Mirabito Smith, K. Clymer Hahn Moul Smith, M. Cohen Haluska Mundy Smith, S. Conklin Hanna Murphy Solobay Costa, D. Harhai Murt Sonney Costa, P. Harhart Mustio Staback Cox Harkins Myers Stern Creighton Harper O'Brien, D. Stevenson Curry Harris O'Brien, M. Sturla Cutler Helm O'Neill Taylor, J. Daley Hennessey Oberlander Taylor, R. Day Hess Pallone Toepel Deasy Hickernell Pashinski Turzai Delozier Hornaman Payne Vitali DeLuca Houghton Payton Vulakovich Denlinger Hutchinson Peifer Wagner DePasquale Johnson Perzel Wansacz Dermody Josephs Petrarca Waters DeWeese Kauffman Petri Wheatley DiGirolamo Keller, M.K. Phillips White Donatucci Keller, W. Pickett Williams Drucker Kessler Preston Youngblood Eachus Killion Pyle Yudichak Ellis Kirkland Quigley Evans, D. Knowles Quinn McCall, Evans, J. Kortz Rapp Speaker Everett Kotik Ravenstahl NAYS–4 Metcalfe Metzgar Perry Tallman NOT VOTING–0 EXCUSED–13 Belfanti Lentz Parker True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson Cruz The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. On the question, Will the House agree to the bill on second consideration as amended?


Bill as amended was agreed to. (Bill as amended will be reprinted.)

PARLIAMENTARY INQUIRY

The SPEAKER. For what purpose does the gentleman from Lancaster County, Representative Cutler, rise? Mr. CUTLER. Mr. Speaker, in regards to HB 2728, it was my understanding that I had some amendments that were filed to that bill. I was inquiring as to the status of those amendments and whether or not they were timely filed. The SPEAKER. We do not have any record of any amendments filed to this legislation.

CALENDAR CONTINUED

BILL ON THIRD CONSIDERATION


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

Pennsylvania Consolidated Statutes, further providing for sexual abuse of children. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? The Chair recognizes the gentleman from Delaware County, Representative Miccarelli. The gentleman will yield. The House will come to order. The House will come to order. Mr. MICCARELLI. Thank you, Mr. Speaker. HB 2464 will amend the Crimes Code, Title 18, as it relates to the sexual abuse of children. In a case where a defendant is charged and convicted with multiple counts of child pornography, HB 2464 will allow each additional count after count one to be considered as a second and subsequent offense for sentencing purposes. This legislation was drafted in response to the Commonwealth v. Jarowecki and comes at a suggestion of the Pennsylvania District Attorneys Association. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. 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.

The following roll call was recorded: YEAS–189 Adolph Fairchild Levdansky Readshaw Baker Farry Longietti Reed Barbin Fleck Mahoney Reese Barrar Frankel Major Reichley Bear Freeman Manderino Roae Benninghoff Gabig Mann Rock Beyer Gabler Markosek Roebuck Boback Galloway Marshall Rohrer Boyd Geist Marsico Ross Boyle George Matzie Sabatina Bradford Gerber McGeehan Sainato Brennan Gergely McI. Smith Samuelson Brooks Gibbons Melio Santarsiero Brown Gillespie Metcalfe Santoni Burns Gingrich Metzgar Saylor Buxton Godshall Miccarelli Scavello Caltagirone Goodman Micozzie Schroder Carroll Grell Millard Seip Casorio Grove Miller Shapiro Causer Grucela Milne Siptroth Christiana Hahn Mirabito Smith, K. Clymer Haluska Moul Smith, M. Cohen Hanna Mundy Smith, S. Conklin Harhai Murphy Solobay Costa, D. Harhart Murt Sonney Costa, P. Harkins Mustio Staback Cox Harper Myers Stern Creighton Harris O'Brien, D. Stevenson Curry Helm O'Brien, M. Sturla Cutler Hennessey O'Neill Tallman Daley Hess Oberlander Taylor, J. Day Hickernell Pallone Taylor, R. Deasy Hornaman Pashinski Toepel Delozier Houghton Payne Turzai DeLuca Hutchinson Payton Vitali Denlinger Johnson Peifer Vulakovich DePasquale Josephs Perry Wagner Dermody Kauffman Perzel Wansacz DeWeese Keller, M.K. Petrarca Waters DiGirolamo Keller, W. Petri Wheatley Donatucci Kessler Phillips White Drucker Killion Pickett Williams Eachus Kirkland Preston Youngblood Ellis Knowles Pyle Yudichak Evans, D. Kortz Quigley Evans, J. Kotik Quinn McCall, Everett Krieger Rapp Speaker Fabrizio Kula Ravenstahl NAYS–0 NOT VOTING–0 EXCUSED–13 Belfanti Lentz Parker True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson Cruz 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.


RESOLUTION

Mr. HALUSKA called up HR 879, PN 4081, entitled: A Resolution memorializing the United States Environmental

Protection Agency to revise the proposed Boiler MACT rule to incorporate sustainable approaches that protect the environment and public health while fostering economic recovery and jobs within the bounds of the law. On the question, Will the House adopt the resolution? The following roll call was recorded: YEAS–188 Adolph Fairchild Levdansky Ravenstahl Baker Farry Longietti Readshaw Barbin Fleck Mahoney Reed Barrar Frankel Major Reese Bear Freeman Manderino Reichley Benninghoff Gabig Mann Roae Beyer Gabler Markosek Rock Boback Galloway Marshall Roebuck Boyd Geist Marsico Rohrer Boyle George Matzie Ross Bradford Gerber McGeehan Sabatina Brennan Gergely McI. Smith Sainato Brooks Gibbons Melio Samuelson Brown Gillespie Metcalfe Santarsiero Burns Gingrich Metzgar Santoni Buxton Godshall Miccarelli Saylor Caltagirone Goodman Micozzie Scavello Carroll Grell Millard Schroder Casorio Grove Miller Seip Causer Grucela Milne Shapiro Christiana Hahn Mirabito Siptroth Clymer Haluska Moul Smith, K. Cohen Hanna Mundy Smith, M. Conklin Harhai Murphy Smith, S. Costa, D. Harhart Murt Solobay Costa, P. Harkins Mustio Sonney Cox Harper Myers Staback Creighton Harris O'Brien, D. Stern Curry Helm O'Brien, M. Stevenson Cutler Hennessey O'Neill Sturla Daley Hess Oberlander Tallman Day Hickernell Pallone Taylor, J. Deasy Hornaman Pashinski Taylor, R. Delozier Houghton Payne Toepel DeLuca Hutchinson Payton Turzai Denlinger Johnson Peifer Vulakovich DePasquale Josephs Perry Wagner Dermody Kauffman Perzel Wansacz DeWeese Keller, M.K. Petrarca Waters DiGirolamo Keller, W. Petri Wheatley Donatucci Kessler Phillips White Drucker Killion Pickett Williams Eachus Kirkland Preston Youngblood Ellis Knowles Pyle Yudichak Evans, D. Kortz Quigley Evans, J. Kotik Quinn McCall, Everett Krieger Rapp Speaker Fabrizio Kula NAYS–0 NOT VOTING–1 Vitali

EXCUSED–13 Belfanti Lentz Parker True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson Cruz The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.




An Act amending Titles 4 (Amusements), 18 (Crimes and

Offenses) and 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, consolidating statutory provisions relating to firefighters, the State Fire Commissioner and grants to fire companies and other services; making editorial changes; and making related repeals. On the question, Will the House agree to the bill on second consideration? The SPEAKER. On that question, it is the Chair's understanding that the gentleman from Allegheny County, Representative Maher, is withdrawing amendment A09028. The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration? Bill was agreed to.

LEAVE OF ABSENCE

The SPEAKER. Turning to leaves of absence, the Chair recognizes the gentleman from Allegheny County, the majority whip, Representative Dermody, who requests a leave of absence for the gentleman from Philadelphia County, Representative SABATINA, for the remainder of the day. Without objection, the leave will be granted.

ANNOUNCEMENT BY MR. KOTIK

The SPEAKER. For what purpose does the gentleman from Allegheny County, Representative Kotik, rise? Mr. KOTIK. Mr. Speaker, an announcement. The SPEAKER. The gentleman is in order and may proceed. Mr. KOTIK. Mr. Speaker, the Blue Dog Caucus will meet at 10:30 a.m. in room 226, Irvis Office Building. The SPEAKER. The Chair thanks the gentleman.



2010 LEGISLATIVE JOURNAL—HOUSE 1283 An Act amending Titles 18 (Crimes and Offenses) and

40 (Insurance) of the Pennsylvania Consolidated Statutes, further providing for insurance fraud; consolidating Article XI of The Insurance Department Act of 1921, further providing for purpose, for definitions, for Insurance Fraud Prevention Trust Fund, for powers and duties and for duties of insurance licensees and their employees; and making a repeal. On the question, Will the House agree to the bill on second consideration? The SPEAKER. It is the Chair's understanding that the gentleman from Philadelphia County, Representative Cohen, is withdrawing his amendments? The Chair thanks the gentleman. The gentleman from Tioga County, Representative Baker, has an amendment, and the gentleman from York County, Representative Saylor, has an amendment to this bill that the Speaker is going to rule out of order. This is a two-title bill, and the precedent and Superior Court rulings and the precedent set by previous Speakers – back to K. Leroy Irvis, Matt Ryan, Bill DeWeese – have all held the same, that in a dual-title bill, if you amend a dual-title bill, it has to still maintain the single-subject matter. The amendments that are filed to this bill, the subject of the bill deals with insurance fraud and the subject amendments that would amend the two-title bill deal with health care, choice in health care, and access to dental care, which do not meet the single-subject rule. Therefore, the amendments are going to be ruled out of order.


The SPEAKER. Does the gentleman, Representative Saylor, have a parliamentary inquiry? Mr. SAYLOR. Yes, Mr. Speaker. I do not understand how – the amendment that I have offered does deal with health insurance and not just health care. And second of all, I do not understand how the Speaker can rule it out of order to this amendment after what the Appropriations Committee did today with the severance tax. I mean, if one is out of order, the same is out of order, Mr. Speaker. I just challenge, you know, that the Chair would find it so. I am not going to ask for a vote on the Speaker's ruling, but, Mr. Speaker, I do have concerns that we seem to have some double standards here on how we amend bills. Thank you. The SPEAKER. The Speaker will remind the gentleman, not on the floor of the House. The Speaker would rule the same way on a single-subject matter if that amendment was filed before the House of Representatives. On the question recurring, Will the House agree to the bill on second consideration? Bill was agreed to.


Mr. S. SMITH. Mr. Speaker, parliamentary inquiry? The SPEAKER. The gentleman will state his parliamentary inquiry. Mr. S. SMITH. I was not going to say much here, but you kind of piqued my interest. So you are saying it is okay for amendments that violate the single-subject rule – that

constitutional provision – it is okay to do that in committee, it is just not okay to do it on the floor of the House? The SPEAKER. Is the gentleman referring to SB 1155? Mr. S. SMITH. Yes, Mr. Speaker. The SPEAKER. That is not a two-title bill. Mr. S. SMITH. I realize it is not a two-title bill, but from what I was told about the Speaker's ruling on the bill that was just before us, that it was more than the fact that it was a two-title bill because by traditional interpretation of amending a two-title bill, the amendment that was just ruled out of order clearly complied with that basic requirement. Therefore, the reason the amendment was ruled out of order had to be more than the fact that it was a two-title bill. The SPEAKER. The gentleman, Mr. Smith, if he would like to come to the rostrum, I will show him past history from legislative debate from just about every Speaker on the subject. The House will be at ease. The House will come to order.

CALENDAR CONTINUED

RESOLUTIONS PURSUANT TO RULE 35

Mr. PALLONE called up HR 886, PN 4137, entitled: A Resolution designating September 26, 2010, as "Gold Star

Mother's Day" in Pennsylvania. On the question, Will the House adopt the resolution? The following roll call was recorded: YEAS–188 Adolph Fairchild Levdansky Ravenstahl Baker Farry Longietti Readshaw Barbin Fleck Mahoney Reed Barrar Frankel Major Reese Bear Freeman Manderino Reichley Benninghoff Gabig Mann Roae Beyer Gabler Markosek Rock Boback Galloway Marshall Roebuck Boyd Geist Marsico Rohrer Boyle George Matzie Ross Bradford Gerber McGeehan Sainato Brennan Gergely McI. Smith Samuelson Brooks Gibbons Melio Santarsiero Brown Gillespie Metcalfe Santoni Burns Gingrich Metzgar Saylor Buxton Godshall Miccarelli Scavello Caltagirone Goodman Micozzie Schroder Carroll Grell Millard Seip Casorio Grove Miller Shapiro Causer Grucela Milne Siptroth Christiana Hahn Mirabito Smith, K. Clymer Haluska Moul Smith, M. Cohen Hanna Mundy Smith, S. Conklin Harhai Murphy Solobay Costa, D. Harhart Murt Sonney Costa, P. Harkins Mustio Staback Cox Harper Myers Stern Creighton Harris O'Brien, D. Stevenson Curry Helm O'Brien, M. Sturla Cutler Hennessey O'Neill Tallman Daley Hess Oberlander Taylor, J. Day Hickernell Pallone Taylor, R.

1284 LEGISLATIVE JOURNAL—HOUSE SEPTEMBER 27 Deasy Hornaman Pashinski Toepel Delozier Houghton Payne Turzai DeLuca Hutchinson Payton Vitali Denlinger Johnson Peifer Vulakovich DePasquale Josephs Perry Wagner Dermody Kauffman Perzel Wansacz DeWeese Keller, M.K. Petrarca Waters DiGirolamo Keller, W. Petri Wheatley Donatucci Kessler Phillips White Drucker Killion Pickett Williams Eachus Kirkland Preston Youngblood Ellis Knowles Pyle Yudichak Evans, D. Kortz Quigley Evans, J. Kotik Quinn McCall, Everett Krieger Rapp Speaker Fabrizio Kula NAYS–0 NOT VOTING–0 EXCUSED–14 Belfanti Lentz Sabatina True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson Cruz Parker The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.

* * * Mr. WHITE called up HR 889, PN 4146, entitled:

A Resolution designating September 17 through 23, 2010, as

"Constitution Week" in Pennsylvania. On the question, Will the House adopt the resolution? The following roll call was recorded: YEAS–188 Adolph Fairchild Levdansky Ravenstahl Baker Farry Longietti Readshaw Barbin Fleck Mahoney Reed Barrar Frankel Major Reese Bear Freeman Manderino Reichley Benninghoff Gabig Mann Roae Beyer Gabler Markosek Rock Boback Galloway Marshall Roebuck Boyd Geist Marsico Rohrer Boyle George Matzie Ross Bradford Gerber McGeehan Sainato Brennan Gergely McI. Smith Samuelson Brooks Gibbons Melio Santarsiero Brown Gillespie Metcalfe Santoni Burns Gingrich Metzgar Saylor Buxton Godshall Miccarelli Scavello Caltagirone Goodman Micozzie Schroder Carroll Grell Millard Seip Casorio Grove Miller Shapiro Causer Grucela Milne Siptroth Christiana Hahn Mirabito Smith, K. Clymer Haluska Moul Smith, M. Cohen Hanna Mundy Smith, S. Conklin Harhai Murphy Solobay Costa, D. Harhart Murt Sonney

Costa, P. Harkins Mustio Staback Cox Harper Myers Stern Creighton Harris O'Brien, D. Stevenson Curry Helm O'Brien, M. Sturla Cutler Hennessey O'Neill Tallman Daley Hess Oberlander Taylor, J. Day Hickernell Pallone Taylor, R. Deasy Hornaman Pashinski Toepel Delozier Houghton Payne Turzai DeLuca Hutchinson Payton Vitali Denlinger Johnson Peifer Vulakovich DePasquale Josephs Perry Wagner Dermody Kauffman Perzel Wansacz DeWeese Keller, M.K. Petrarca Waters DiGirolamo Keller, W. Petri Wheatley Donatucci Kessler Phillips White Drucker Killion Pickett Williams Eachus Kirkland Preston Youngblood Ellis Knowles Pyle Yudichak Evans, D. Kortz Quigley Evans, J. Kotik Quinn McCall, Everett Krieger Rapp Speaker Fabrizio Kula NAYS–0 NOT VOTING–0 EXCUSED–14 Belfanti Lentz Sabatina True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson Cruz Parker The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.

* * * Mr. TURZAI called up HR 909, PN 4187, entitled:

A Resolution designating the month of October 2010 as "Sudden

Cardiac Arrest Awareness Month" in Pennsylvania. On the question, Will the House adopt the resolution? The following roll call was recorded: YEAS–188 Adolph Fairchild Levdansky Ravenstahl Baker Farry Longietti Readshaw Barbin Fleck Mahoney Reed Barrar Frankel Major Reese Bear Freeman Manderino Reichley Benninghoff Gabig Mann Roae Beyer Gabler Markosek Rock Boback Galloway Marshall Roebuck Boyd Geist Marsico Rohrer Boyle George Matzie Ross Bradford Gerber McGeehan Sainato Brennan Gergely McI. Smith Samuelson Brooks Gibbons Melio Santarsiero Brown Gillespie Metcalfe Santoni Burns Gingrich Metzgar Saylor Buxton Godshall Miccarelli Scavello Caltagirone Goodman Micozzie Schroder Carroll Grell Millard Seip

2010 LEGISLATIVE JOURNAL—HOUSE 1285 Casorio Grove Miller Shapiro Causer Grucela Milne Siptroth Christiana Hahn Mirabito Smith, K. Clymer Haluska Moul Smith, M. Cohen Hanna Mundy Smith, S. Conklin Harhai Murphy Solobay Costa, D. Harhart Murt Sonney Costa, P. Harkins Mustio Staback Cox Harper Myers Stern Creighton Harris O'Brien, D. Stevenson Curry Helm O'Brien, M. Sturla Cutler Hennessey O'Neill Tallman Daley Hess Oberlander Taylor, J. Day Hickernell Pallone Taylor, R. Deasy Hornaman Pashinski Toepel Delozier Houghton Payne Turzai DeLuca Hutchinson Payton Vitali Denlinger Johnson Peifer Vulakovich DePasquale Josephs Perry Wagner Dermody Kauffman Perzel Wansacz DeWeese Keller, M.K. Petrarca Waters DiGirolamo Keller, W. Petri Wheatley Donatucci Kessler Phillips White Drucker Killion Pickett Williams Eachus Kirkland Preston Youngblood Ellis Knowles Pyle Yudichak Evans, D. Kortz Quigley Evans, J. Kotik Quinn McCall, Everett Krieger Rapp Speaker Fabrizio Kula NAYS–0 NOT VOTING–0 EXCUSED–14 Belfanti Lentz Sabatina True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson Cruz Parker The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.

* * * Mr. MURPHY called up HR 925, PN 4213, entitled:

A Resolution designating the month of September 2010 as

"Childhood Cancer Awareness Month" in Pennsylvania. On the question, Will the House adopt the resolution? The following roll call was recorded: YEAS–188 Adolph Fairchild Levdansky Ravenstahl Baker Farry Longietti Readshaw Barbin Fleck Mahoney Reed Barrar Frankel Major Reese Bear Freeman Manderino Reichley Benninghoff Gabig Mann Roae Beyer Gabler Markosek Rock Boback Galloway Marshall Roebuck Boyd Geist Marsico Rohrer Boyle George Matzie Ross Bradford Gerber McGeehan Sainato

Brennan Gergely McI. Smith Samuelson Brooks Gibbons Melio Santarsiero Brown Gillespie Metcalfe Santoni Burns Gingrich Metzgar Saylor Buxton Godshall Miccarelli Scavello Caltagirone Goodman Micozzie Schroder Carroll Grell Millard Seip Casorio Grove Miller Shapiro Causer Grucela Milne Siptroth Christiana Hahn Mirabito Smith, K. Clymer Haluska Moul Smith, M. Cohen Hanna Mundy Smith, S. Conklin Harhai Murphy Solobay Costa, D. Harhart Murt Sonney Costa, P. Harkins Mustio Staback Cox Harper Myers Stern Creighton Harris O'Brien, D. Stevenson Curry Helm O'Brien, M. Sturla Cutler Hennessey O'Neill Tallman Daley Hess Oberlander Taylor, J. Day Hickernell Pallone Taylor, R. Deasy Hornaman Pashinski Toepel Delozier Houghton Payne Turzai DeLuca Hutchinson Payton Vitali Denlinger Johnson Peifer Vulakovich DePasquale Josephs Perry Wagner Dermody Kauffman Perzel Wansacz DeWeese Keller, M.K. Petrarca Waters DiGirolamo Keller, W. Petri Wheatley Donatucci Kessler Phillips White Drucker Killion Pickett Williams Eachus Kirkland Preston Youngblood Ellis Knowles Pyle Yudichak Evans, D. Kortz Quigley Evans, J. Kotik Quinn McCall, Everett Krieger Rapp Speaker Fabrizio Kula NAYS–0 NOT VOTING–0 EXCUSED–14 Belfanti Lentz Sabatina True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson Cruz Parker The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.

* * * Mr. DePASQUALE called up HR 931, PN 4246, entitled:

A Resolution designating the month of November 2010 as

"Hydrocephalus Awareness Month" in Pennsylvania. On the question, Will the House adopt the resolution? The following roll call was recorded: YEAS–188 Adolph Fairchild Levdansky Ravenstahl Baker Farry Longietti Readshaw Barbin Fleck Mahoney Reed Barrar Frankel Major Reese

1286 LEGISLATIVE JOURNAL—HOUSE SEPTEMBER 27 Bear Freeman Manderino Reichley Benninghoff Gabig Mann Roae Beyer Gabler Markosek Rock Boback Galloway Marshall Roebuck Boyd Geist Marsico Rohrer Boyle George Matzie Ross Bradford Gerber McGeehan Sainato Brennan Gergely McI. Smith Samuelson Brooks Gibbons Melio Santarsiero Brown Gillespie Metcalfe Santoni Burns Gingrich Metzgar Saylor Buxton Godshall Miccarelli Scavello Caltagirone Goodman Micozzie Schroder Carroll Grell Millard Seip Casorio Grove Miller Shapiro Causer Grucela Milne Siptroth Christiana Hahn Mirabito Smith, K. Clymer Haluska Moul Smith, M. Cohen Hanna Mundy Smith, S. Conklin Harhai Murphy Solobay Costa, D. Harhart Murt Sonney Costa, P. Harkins Mustio Staback Cox Harper Myers Stern Creighton Harris O'Brien, D. Stevenson Curry Helm O'Brien, M. Sturla Cutler Hennessey O'Neill Tallman Daley Hess Oberlander Taylor, J. Day Hickernell Pallone Taylor, R. Deasy Hornaman Pashinski Toepel Delozier Houghton Payne Turzai DeLuca Hutchinson Payton Vitali Denlinger Johnson Peifer Vulakovich DePasquale Josephs Perry Wagner Dermody Kauffman Perzel Wansacz DeWeese Keller, M.K. Petrarca Waters DiGirolamo Keller, W. Petri Wheatley Donatucci Kessler Phillips White Drucker Killion Pickett Williams Eachus Kirkland Preston Youngblood Ellis Knowles Pyle Yudichak Evans, D. Kortz Quigley Evans, J. Kotik Quinn McCall, Everett Krieger Rapp Speaker Fabrizio Kula NAYS–0 NOT VOTING–0 EXCUSED–14 Belfanti Lentz Sabatina True Bishop Maher Swanger Vereb Briggs Oliver Thomas Watson Cruz Parker The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.

* * * Ms. BOBACK called up HR 947, PN 4293, entitled:

A Resolution designating the week of September 26, 2010, as

"Animal Disaster Preparedness Week" in Pennsylvania. On the question, Will the House adopt the resolution? (Members proceeded to vote.)

LEAVE OF ABSENCE

The SPEAKER. Turning to leaves of absence, the Chair recognizes the majority whip, Representative Dermody, who requests a leave of absence for the gentleman from Chester County, Representative DRUCKER, for the remainder of the day. Without objection, the leave will be granted.

CONSIDERATION OF HR 947 CONTINUED

On the question recurring, Will the House adopt the resolution? The following roll call was recorded: YEAS–187 Adolph Farry Levdansky Ravenstahl Baker Fleck Longietti Readshaw Barbin Frankel Mahoney Reed Barrar Freeman Major Reese Bear Gabig Manderino Reichley Benninghoff Gabler Mann Roae Beyer Galloway Markosek Rock Boback Geist Marshall Roebuck Boyd George Marsico Rohrer Boyle Gerber Matzie Ross Bradford Gergely McGeehan Sainato Brennan Gibbons McI. Smith Samuelson Brooks Gillespie Melio Santarsiero Brown Gingrich Metcalfe Santoni Burns Godshall Metzgar Saylor Buxton Goodman Miccarelli Scavello Caltagirone Grell Micozzie Schroder Carroll Grove Millard Seip Casorio Grucela Miller Shapiro Causer Hahn Milne Siptroth Christiana Haluska Mirabito Smith, K. Clymer Hanna Moul Smith, M. Cohen Harhai Mundy Smith, S. Conklin Harhart Murphy Solobay Costa, D. Harkins Murt Sonney Costa, P. Harper Mustio Staback Cox Harris Myers Stern Creighton Helm O'Brien, D. Stevenson Curry Hennessey O'Brien, M. Sturla Cutler Hess O'Neill Tallman Daley Hickernell Oberlander Taylor, J. Day Hornaman Pallone Taylor, R. Deasy Houghton Pashinski Toepel Delozier Hutchinson Payne Turzai DeLuca Johnson Payton Vitali Denlinger Josephs Peifer Vulakovich DePasquale Kauffman Perry Wagner Dermody Keller, M.K. Perzel Wansacz DeWeese Keller, W. Petrarca Waters DiGirolamo Kessler Petri Wheatley Donatucci Killion Phillips White Eachus Kirkland Pickett Williams Ellis Knowles Preston Youngblood Evans, D. Kortz Pyle Yudichak Evans, J. Kotik Quigley Everett Krieger Quinn McCall, Fabrizio Kula Rapp Speaker Fairchild NAYS–0 NOT VOTING–0


EXCUSED–15 Belfanti Drucker Parker True Bishop Lentz Sabatina Vereb Briggs Maher Swanger Watson Cruz Oliver Thomas The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.




An Act designating State Route 462 from its intersection with U.S.

Route 30 in West Manchester Township, York County, to the point where it meets State Route 24 in Springettsbury Township, York County, as the Korean War Veterans Memorial Highway. On the question, Will the House agree to the bill on second consideration? Bill was agreed to.


An Act designating State Route 18 in Big Beaver Borough, Beaver

County, as the "Vietnam Veterans of America Memorial Highway." On the question, Will the House agree to the bill on second consideration? Bill was agreed to.


An Act amending Title 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, further providing for person with disability plate and placard. On the question, Will the House agree to the bill on second consideration? The SPEAKER. It is the Chair's understanding the gentleman from Allegheny County, Representative Wheatley, is withdrawing his amendment. The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration? Bill was agreed to.

CALENDAR CONTINUED



An Act amending the act of June 13, 1967 (P.L.31, No.21), known

as the Public Welfare Code, in general powers and duties of Department of Public Welfare, providing for onsite complaint investigations and plans of correction and for determining whether applicants are veterans; in public assistance, further providing for establishment of county boards and expenses and for lifetime limit; and, in hospital assessment, further providing for definitions, for authorization, for administration, for no hold harmless, for tax exemption and for cessation. On the question, Will the House agree to the bill on third consideration?

BILL TABLED

The SPEAKER. The Chair recognizes the majority leader, who moves that HB 371 be removed from the active calendar and placed on the tabled bill calendar. On the question, Will the House agree to the motion? Motion was agreed to.

BILL REMOVED FROM TABLE

The SPEAKER. The Chair recognizes the majority leader, who moves that HB 371 be removed from the tabled bill calendar and placed on the active calendar. On the question, Will the House agree to the motion? Motion was agreed to.



An Act establishing a task force on Lyme disease and related

maladies; and providing for powers and duties of the task force, the Department of Health, the Department of Conservation and Natural Resources and the Pennsylvania Game Commission, for certain antibiotic therapies and for misconduct proceedings. On the question, Will the House agree to the bill on second consideration?

BILL TABLED

The SPEAKER. The Chair recognizes the majority leader, who moves that HB 894 be removed from the active calendar and placed on the tabled bill calendar.


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





An Act designating the bridge that carries State Route 1008,

known as Henry Road, over Bushkill Creek in Bushkill Township, Northampton County, as the William Henry Atherton Bridge. On the question, Will the House agree to the bill on third consideration?

BILL TABLED






An Act amending the act of March 10, 1949 (P.L.30, No.14),

known as the Public School Code of 1949, providing for management of concussions and head injuries. On the question, Will the House agree to the bill on second consideration?

BILL TABLED




RESOLUTIONS

Mr. EACHUS called up HR 285, PN 1724, entitled: A Resolution calling upon the Department of Health to conduct a

study determining the accessibility and effectiveness of sickle cell services currently provided by the Department of Health and need for additional services to meet the needs of people afflicted with sickle cell disease in this Commonwealth. On the question, Will the House adopt the resolution?

RESOLUTION TABLED

The SPEAKER. The Chair recognizes the majority leader, who moves that HR 285 be removed from the active calendar and placed on the tabled bill calendar. On the question, Will the House agree to the motion? Motion was agreed to.

RESOLUTION REMOVED FROM TABLE

The SPEAKER. The Chair recognizes the majority leader, who moves that HR 285 be removed from the tabled bill calendar and placed on the active calendar. On the question, Will the House agree to the motion? Motion was agreed to.

* * * Mr. EACHUS called up HR 401, PN 2405, entitled:

A Resolution opposing any effort to implement a trinational

political, governmental entity among the United States, Canada and Mexico; opposing the Security and Prosperity Partnership of North

2010 LEGISLATIVE JOURNAL—HOUSE 1289 America and initiatives pursued in conjunction with the partnership that threaten the sovereignty of the United States; and opposing a North American Union. On the question, Will the House adopt the resolution?

RESOLUTION TABLED





A Resolution calling on the United Nations to facilitate the

immediate and unconditional release of National League for Democracy leader Dr. Aung San Suu Kyi and other political prisoners from continued detention by the Burmese military government; noting the release of John William Yettaw; and calling on the United States Department of State to impose strict economic sanctions against Burma (Myanmar). On the question, Will the House adopt the resolution?

RESOLUTION TABLED




* * *

Mr. EACHUS called up HR 427, PN 3656, entitled: A Resolution directing the Legislative Budget and Finance

Committee to study local hotel room taxes that support county and regional tourism marketing and convention centers and to determine if revenues are being appropriated in accordance with applicable statutes. On the question, Will the House adopt the resolution?

RESOLUTION TABLED





A Resolution urging the Congress of the United States to take

legislative action against the practice of international lottery scams and similar deceptive practices, and to work with the governments of those countries where these fraudulent activities originate. On the question, Will the House adopt the resolution?

RESOLUTION TABLED






A Resolution urging the United States Census Bureau to change its

policy of recording the residence of incarcerated persons from the location of the correctional facilities to the last known home address of such persons. On the question, Will the House adopt the resolution?

RESOLUTION TABLED




BILLS REMOVED FROM TABLE

The SPEAKER. The Chair recognizes the majority leader, who moves that the following bills be removed from the tabled bill calendar: HB 2760; SB 59; SB 460; and SB 1360. On the question, Will the House agree to the motion? Motion was agreed to.

BILLS RECOMMITTED

The SPEAKER. The Chair recognizes the majority leader, who moves that the following bills be recommitted to the Committee on Appropriations: HB 2760; SB 59; SB 460; and SB 1360. On the question, Will the House agree to the motion? Motion was agreed to.

BILLS RECOMMITTED

The SPEAKER. The Chair recognizes the majority leader, who moves that SB 1161 and HB 2300 be removed from the active calendar and recommitted to the Committee on Appropriations. On the question, Will the House agree to the motion? Motion was agreed to.

ANNOUNCEMENT BY SPEAKER

The SPEAKER. The Speaker would like to wish a happy birthday to two of our members. Rick Taylor's birthday was today, and the majority leader, Representative Eachus's birthday was yesterday. Birthday congrats to both gentlemen.

VOTE CORRECTION

The SPEAKER. For what purpose does the gentlelady from Luzerne County, Representative Boback, rise? Ms. BOBACK. Thank you, Mr. Speaker. I would like to correct the record, please. The SPEAKER. The gentlelady is in order and may proceed. Ms. BOBACK. SB 918, I was recorded "nay"; it should have been "yea." The SPEAKER. The Chair thanks the lady. Her remarks will be spread upon the record. Ms. BOBACK. Thank you, Mr. Speaker. The SPEAKER. There will be no further votes.

STATE GOVERNMENT COMMITTEE MEETING

The SPEAKER. The Chair recognizes the gentlelady from Philadelphia County, Representative Josephs, for the purpose of an announcement. Ms. JOSEPHS. Thank you, Mr. Speaker. House State Government Committee will meet tomorrow morning at 10, 205 Ryan. We will take up HB 2479. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the lady. There will be a State Government Committee meeting tomorrow at 10 a.m. in 205 Ryan Office Building.

FINANCE COMMITTEE MEETING

The SPEAKER. For what purpose does the gentleman from Allegheny County, Representative Levdansky, rise? Mr. LEVDANSKY. Thank you, Mr. Speaker. Mr. Speaker, I just want to remind all the members of the Finance Committee that we are having a meeting immediately, right now when we adjourn, in G-50 of the Irvis Office Building. The SPEAKER. The Chair thanks the gentleman. There will be an immediate meeting of the Finance Committee in G-50 Irvis Office Building.


Any further announcements?

BILLS AND RESOLUTIONS PASSED OVER

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

ADJOURNMENT

The SPEAKER. The Chair recognizes the gentleman from York County, Representative Grove, who moves that this House do now adjourn until Tuesday, September 28, 2010, at 11 a.m., e.d.t., unless sooner recalled by the Speaker. On the question, Will the House agree to the motion? Motion was agreed to, and at 5:32 p.m., e.d.t., the House adjourned.

Documents

COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL · 9/27/2010 · Cumberland Valley Lady Eagles 1 to 0. This championship game was the fourth time this year that the Lady Trojans