COMMONWEALTH OF PENNSYL,VANIA LEGISLATIVE ...

COMMONWEALTH OF PENNSYL,VANIA

LEGISLATIVE JOUKNAL

WEDNESDAY, NOVEMBER 18, 1992 -- - . -

SESSION OF 1992 176TH OF THE GENERAL ASSEMBLY No. 59 -

HO1JSE OF R E P H ~ ~ I I < Y T A T I V I ~ ~ S ~ ~ [ ~ - C0MMI:YICAIIOY lpHOM SI'1~;IKBH

THli SPk:AKEII I'KO IEMPOKk: (CAMILLL.: "RIII)" GEORGE) PKk:SII~ING

PRAY I.:R

REV. CLYDL IV I<OACH, Chnplaitr of the tlo!tre or Represent;~tives, frorn H;~rri\hurg, Penns)I ia~lia , offered lhc follo\vit~g praycr:

Let us pray: Gracioub God our Father. *omclimes u e think ahout arrd

reflect upon Your rniphty act\ lo m e Yoitt children. LVc arc aware of h o b YOU parted ttre waters and l i o ~ You cau\ed water lo gush forth from rocks. We are mindful of the d a y when You fed Your children manna f ~ o m on high.

This morning we pray for miracle.\ in our o w ~ t liiet and the life o f this legislature. N'ill You not lead 11s by a pillo\\ oS cloud by day and fire hy night. When v.e stumhle, remind us that adversity docs not need to hc negative, that \+it11 You i l

can be positive, for with You all things arc possible. Give ttsa faith that will not shrink though pressed hy many

a foe, that will not tremble on the brink of any earthly woe. In Your dear name u e pra). Amen.

PLEDGE OF ALLEGIANCE

The SPt4KI:K pro t c ~ ~ r p o l - ~ . !\ c(>nl~nl~nica l i (~ t~ from the Spcakc~. ullicii t l ~ c clerk \ \ i l l rc:rcI.

I lhc t o l l o \ \ i ~ r ~ c ~ n l ~ ~ r i ~ ~ ~ i c i i t i i ~ ~ r \\a, renil:

t l o ~ i r c ot K~~prc\e~rt . t t i ic~ C C > ~ I I I I I < I I I \ ~ C : L I I I ? 01' I'cnn~!l~:i~,ia

H'LI I i \ l , ~ ~ r $

Uoie~irhcr I X . 1992

To t l~c Hotior;~blc. Houw 01 Kcprc\el~tali\e\

f ' t ~ t \ i ~ n t to HOI IW i<oIc I t l r r , i \ :icl\i\e tlrat I lia\c ;~ppointed thc Honorable C;rmille (icorgc ;I\ Speaker pro rcrnpore for wc11 pnition otIVcil~ic\d:i>. Noietllbcr 18. 1992. ar ma) be nccehsary.

Robert \ I O'Donr~cll Spcahcr

HOUSE RILLS IN'THODUCED A N D REFk:KKED

l o . 3050 By Reprebentati\es GODSHAL.L. U L I A N , PESCI, HAL.USKA, BEl.FANT1, JCIHNSON, COY, D. R. WKI(;H'T. KING, HANNA, HERSHLIY. CiIGLIOTTI, BROWN, TKELLO. ANDERSON, K.ASLINIC. HASAY, BUNT. PETRARC.4 and TObI1.INSON

The SPEAKER pro tempore. The Chair thanks the gentleman for that notification.

(7he pledge of Allegian,.e ,\.as ,ecited by and vis. itors.)

The SPEAKER pro temporc. For what reason does the gentleman, Mr. Davies, rise'!

Mr. DAVIES. Mr. Speaker, the last IS doren sticky buns arrived from Berks County, so thcre are sweets for the sweet in the rear of the hall.

JOURNAL APPROVAL POSTPONED

An Act de5ignaiinp the (;rc> t c x as rhe Slate F11rbc;rrer.

Referred to Corrr~r~ittee on STATE GOVEKNhIENT. 1 8 ,

No. 3051 B) Repreientati\c\ L1L.IANA, CESSAR, TObILINSON, TRLL.LO, DcLUCA, E. %. TAYLOR. SAURMAN, (iODSHALL, PETRONE and C;ERI.ACH

The SPEAKER pro tempore. Without objection, rhe approval of the Journal of Tuesday, November 17, 1992, will be postponed until printed. The Chair hears no objection.

An Act amending Tiilc 75 (Vehicle\) o t tile Pcnnrbl\ania Con- solidated Statutes, probiding tor Ihc operation and regulation of the in\+ truck industr); and niakins a repeal.

Referred lo Committee on TRANSPORTATION, No\em- ber 18, 1992.

l o . 3052 B) Representatr\.ei I A iT, KAISER, LIICHLOVIC, VAN HORNE, GAMBLE and MURPHY

An Act pro\ idi t i~ for the diipla) oftlie PON/MIA flae at the western entrance to the Fon Pirt Tunnel in Allrehen) Count).

ber 18, 1992. HOUSE RESOLUTIONS

INTRODUCED AND REFERRED SB 1688, PN 2120

1872 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 18,

No. 418 (Concurrent) By Representatives DENT, RITTER,

KRUSZEWSKI, DEMPSEY, FARGO, NYCE, CESSAR, HANNA, SAURMAN, HARPER, HECKLER, ARGALL, ULIANA, TOMLINSON, CARONE and STUR1.A

Referred to Committee on LOCAL GOVERNMENT, November 18, 1992.

Referred to Commitlee on IIJDICIARY, November 18, 1992.

SB 1810, PN 2576

Rcle~red to Comrntttee on CONSERVATION, Novem- ber 18, 1992.

SB 552, PN 2593

Referred to Committee on URBAN AFFAIRS, Novem-

VOTE CORRECTIONS t - A Concurrent Resolution directing the Local Government

Commission to review municipal legislation and make The SPEAKER pro tempore. The Chair recognizes the

recommendations. gentleman, Mr. Corrigan. For what purpose does the gentle-

Referred to Committee on RULES, November 18, 1992.

No. 419 By Representatives LaCiROTTA, D. R. WRIGHT, STEIGHNER, CARONE, VEON, B. SMITH, COY, JOHNSON, KOSINSKI, FLEAGLE, BROUJOS and HALUSKA

A Resolution callins uuon the Pennsylvania Public Urilit\,

Company and eke^ Cent& ~owe ;and Light company is in the public interest and to order new hearings on the proposed sale.

Referred to Committee on RULES, November 18, 1992

No. 420 By Representatives KING, GRUITZA, S. H. SMITH, FARGO, JADI.OWIEC, BLACK, TELEK, NYCE, ULlANA and KOSlNSKl

A Resolution memorializing the Congress of thc United Slates to enact less stringent enforcement procedures for the removal of certain outdoor highway advertising signs.

Referred to Comtnittee on RULES, November 18, 1992.

No. 421 By Representatives CALTAGIRONE, LEH, TRELLO and GAMBLE

A Resolution urging the Governor and the Secretary of Educa- tion to abolish the position of Commissioner of Basic Education in the Department of Education.

Referred to Committee on RULES, November 18, 1992

man rise? Mr. CORRIGAN. Thank you, Mr. Speaker. Would I be in order to correct the record? The SPEAKER pro tempore. The gentleman is in order. Mr. CORRIGAN. Thank you, Mr. Speaker. On November 17, on final passage of b1B 2943, 1 was away

from my desk and would like to be recorded in the affirmative.

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

The gentleman, Mr. Tangretti. 170r what reason does the gentleman rise?

Mr. TANGRETTI. T o correct the record, Mr. Speaker. On November 17, on amendment 2935 to IIB 513, 1 was

not recorded. I would like to be recorded in the affirmative. Thank you.

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

BILLS REMOVED FROM TABLE

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

Mr. DeWEESE. Mr. Spcaker, I move that SB 1505 and SB 1787 be removed from the table.

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

The clerk of the Senate, betng introduced, presented the following bills ibr concurrence:

SENATE BILLS FOR CONCURRENCE 1

SB 7, PN 2592

Referred to Committee ott TRANSPORTATION, Novem- ber 18, 1992.

BILL ON SECOND CONSIDERATION k

Referred to Committee on CONSUbl tR AFFAIRS, November 18. 1992.

The follouing bill, having been called up, ua s considered for the wand time and agreed to, and ordered trarircribed for third consideration:

SB 1505, P\ 2613.

BILL RECOMMITTED

The SPEAKER pro tempore. The Chair recogrti~es the t

majority leader.

1992 LEGISLATIVE J(

Mr. IIeWEESE. Mr. Speaker, I move that SB 1787 be

recommitted t o the Appropriations Committee.

O n the question, W i l l the House agree t o the mot ion? Mo t i on was agreed to.

LEAVES OF ABSENCE

The SPEAKER pro tcmpore. Are there any request5 for leaves o f absence?

The Chair recognizes the gentleman, M r . Steighner. Mr. SIELGHNER. Thank you, Mr. Speaker. Mr. Speaker, i f is a pleasure t o request leaves o f absence

f rom you this morning. Mr. Speaker, 1 would ask for leave for loday only for the

gcnrlenran f rom Cambria, Mr. BILL.OW, and the gentleman f rom Allegheny, Mr. M R K O N I C .

The SPEAKER pro tempore. Without objection, leaves arc granted.

Republicans ha\,e no lca\'cs o f absence'! The gentleman. M r . Ilayes, instructr tlrat there are no

leave\.

MASTER HOLI. CALL

The SPEAKER p ro tempore. Tile Chair i s about t o lake the rnaster rol l . Members u.ill proceed t o \ore.

The fo l lou ing ro l l call was recorded:

PRESENT-199

A~.o$ra l:ian$ l anglr! Ikoebucl. Adolph F;irchild I.aupl\lin Rudy 2llcn IFall I.ai\lc+ K) i l# l A I I ~ C ~ \ O ~ I I:3r$0 l cc Saloon? 18ig(ladl IFaimcr 1 e l l Saurman gall 1 . e ~ I c\c<ni l , Sc l~cc l / Arnl\llollg I Iciiglr 1 CL~IBIIIJ) Scholcl ,Arnold l T l ~ c h 1 i1110r Scr~nicnl, Haili.? J I ~ I C I I . l i , i r i Scmnli.1 Ralli\lo 1.8 cellliln I o q i SCI:!!IIII Ilclzirdl lrclnd hli('all Snl~ih. H. l leli.t~~l~ (iallro \li.(iccIla~, SOIIIII. S. 14. llir1~1e1111 (;amhlc b l i l i a l c Sx,!dct. I) . \\' IIi\hop C;annan \li.llugh hn)drt. (i. Black OCI\C \lcV:~ll! Slnhach Kluom (;eorgc \l:i~t~lc 51:tit, Boi, !c! Ocrlai.11 \l,i~ h,>,~,k YICCIIII~II Uoyei Cmifl~olll \l;~r-ic,> S~ciphntr Hrouloi C~1;~dei.h \I:i)crt~ih Sicllcr 131on11 (;odrh;~ll blcliir YII~II llo,,, (;r~, , l , : , ~Ic,,! Slr l l l rn; i l lc i 1111\11 ( ; IL I~IW 2liil1lnr ti Sltlh:tn I lul i t>i i l i Iiag;iuli I I i c t v~~c %1~111:1

( ' a l ~ ; i g~~c i l ~c l I ; t l~~\k,$ \~II>:$IIL.II \ L I I ! ~ L

I , Ili$l:l~.~ 2111n<I! lanpcul ('a, Iron t l ~ ~ ~ l ~ ! ZI~IIPII) I . I . / . (':,,,, I I ~ , I ~ C , \,,l,,ll l:,\l,~,, I ( ar i l i i t lI,$-a! U,t~ltl> l , t ! l c ) ~ . I (',,,\I<, I l.,,'l~,l Ul i l i l l l clci <'c\\,,, 11.,!1.\ \,nc 11101,1.11

( ' l>;td\%~ch I1i.iLli.1 \!ci' I lgrli, C#,ct,b 1 It, lnliill 0'1111~11 I ,>811ltm-m! (,l;ll h l l c $ ~ l ~ i ' $ I 11,tv I~clI t? < l,,,,~, Ilc,, Ollii., 1 / 1 1 1 1

(',,11~11 I lu-l,r\ l'c,,cl 111l11 (,1l;,ic11., 11k111 l l c \ ~ , 1'11.111.

URNAL-HOUSE 1873

Jadlu\\irc Pcrrarca Jarnos Pcrrone Jarolin Phillips John,,,n Piccola Joiephr P~ilella K. ' , d l \ i r Pills Kahuncc Prcilon Kcnnc) Ralmond King Rehev korinhki Rcinavd Krchs Richardson tiruvrnshi I<iegei tiuloi~ch Rillcr l a<iri,tla Robirlsun

ADDITIONS-0

N O T VOTING-0

EYCUSED-2

hlrhunii

Van Horne L'ance \'eon Vroun Wambach Williams Wilson Wogan Worniak Wrighl, 11. R. Wrighl, M. N

CALENDAR

BILLS ON SECOND CONSI1)ERATION

The follo\ving bills, having hccn called up, wcrc considered for the second l ime and agreed to, and ordered transcribed for th i rd consideration:

S B 1190, PN 1338; and SH 1793, PN 2347.

BILL RECOMMITTEI)

The SPEAKER p ro tempore. The Chair recogni~cs the

majori ty leader. h l r . De\VEESE. Mr. Speaker. I 111ovr !hat SB 1793 be

recornmilied t o the House App rop r i a~ io l~h (:ornmittec.

O n the question, \\'ill the House agree t o the mot ion? h lo l ion n a \ agrccd to.

Tl ie Collouing bi l l , having bccn called up, was considered for r l ~ c \ccond time and agreed to, and ordered transcribed for th i rd consideration:

I h c SPEAKLR pro tempore. The Chair recognifes the majori ty leader.

M r . DcWEESII. M r . Speaker, I tnovc that SR 1254 be rccorrlniitted l o the Rule\ ('ommillee.

On l l le que\lion. \\'ill thc I l ou \e agree t o thc molion'! h lo l ior l \\a\ agrccd to.

II1c fo l lo \ r i l~p hill\, ha l ing beer1 called up, were considered lor tile \ccond l i ~ l i e i ~ ~ r c e d to. i lt ld ordered transcribed for 111iccI c o t r \ i d c t a ~ i o ~ ~ :

1874 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 18 ,

SB 1735, PN 2225: SB 48, PN 1948; 5B 1670, PN 2605: SB 1 Cable, Telcl

T h e House proceeded t o third consideration of SB 532, P N 2513, entitled:

An Act amending the act of April 9, 1929 (P . 1.. 177, No. 175), entitled "The Administrative Code o f 1929," providirig for reci- procity in teacher certification and for the use of the proceeds of certain condemnation proceedings; and making an editorial change.

O n the question, Will the House agree t o the bill on third consideration?

BILL RECOMMITTED I T h e SPEAKER pro temporc. T h e Chair recognizes the

majority leader. Mr. DeWEESE. Mr. Speaker, I move that SB 532 be

recommitted t o the Committee on Rules.

O n the question, Will the House agree t o the motion? Motion was agreed to .

RESOLUTION I Mr. S T U R L A called up HR 405, PN 4115, entitled: I A Resolution memorializing the President and Congress of the

United States to appropriate funding for highway and bridge construction a t the levels authorized in the 1991 Intermodal Surface Transportation Efficiency Act.

O n the question, Will the House adopt the resolution?

T h e following roll call was recorded:

YEAS-197

Adolph Evans Laughlin Rudy Allen Fairchild L.asvlesh Ryan Anderson Fall l e e Salnom Angstadt Fargo Leh Saurman Argall Farmer Lerco\ l t~ Scheetr Armstrong Fee Lrvdansky Sclluler Arnold Flrarle Linton Scrin~cnti Barley Flick Lloyd Scmrnil Battisto Foster 1.ucyk Serafini Belardi Freeman McCalI Smith, B. Belfanti Callen McGechan Smith, S. H. Birrnelin Gamble McHale Snydcr, D. \V Bishop Cannon McHugh Snbder, C;. Black Ceiil McNallv Slaback Blaum Ceargr Maiale Star\ Bowley Ceilach Marko5r.k Sleelman Boyes Gigliolli Marvcn Stclphner Broujor Gladeck Malernik Stellcr Brawn Codshall Melio Sti\h Bunt Gruitra Merry Strillmaller Bush C r u ~ ~ o Michloiic Stuban . . Butkovitr Hagarty Micorrle Slurla Caltagirone Haluska Mihalich Sur ia Cappabianca Hanna h lund) laiigrrll~ Carlson Harley Murphy Taylor, L. % Carn Harper Nahill I:I>I<>I, I . . Carane Hasay Nailor laylor. J .

Cohcn Colafella Colaii,o caic Cornell Corrigan Cowell Coy DrLuca DeWeesc Daley Oa, ics Dcmpsry Dent Dcrmad! Donaiocci Vurhan~

I l ~ g b c s I'CIICI I lkin I'ewi ladloi\iec Pclrarca Jamex Pc!rollc Jarolin Phlllp< Joh!lron Piccola Jaicphi Pi<lella Kaiicr Pill5 hasiinic Pruhton Kcnnc ) Rilyr~lol~d K i n g Kchcr Ko\in\kl Kcir~ard k r c b R~chardboil Kr l r r~cuski Ricger K u l o i tc11 Killer LaCirolla Kobiov,o Langliy Koehuch

NAYS-0

N O T VOTING-2

Van Hcrr~le Vnncc Vuan \'loon U'amhach \Villiao,, Wilson

The question was determined in the alfirmative, and ihe resolution was adopted.

VOTE CORRECTIONS

T h e SPEAKEK pro tempore. For what purpose does the gentleman, Mr. Wright, rise?

Mr. D. R. W R I G H T . Mr. Speaker, I seek recognition for the purpose of correcting the record.

The SPEAKEK pro tempore. You may correcr the record. Mr. D. R. W R I G H T . Mr. Speaker, on H R 414, HR 416,

the final passage o f H B 1669, and the amendment 4015 to H B 2509, 1 wish to be recorded in the affirmative.

T h e SPEAKER pro rempore. The gentleman's reniarks will be spread on the record.

BII,I,S RE:PORTEL) FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 2917, PN 3953 By Rep. GAMBLE An Act amcnding the act o f July 31. 1968 (1'. I . 805, No. 247),

known ah the "Penns) l~ania Municipaliries Planning Code," dsfining "forcstry"; and providing for forchtry activitics. b

LOCAL ( ;OVLRNhlLNl

SB 916. P N 2619 (Amended) By Rep. GAMBLE

An Act arnmdins thc act of .June 24, 1931 (P . 1.. 1206, No. 331), cnlirled "The l i n t ('la\\ ro\\nrhip Codc." further p r o \ i d ~ ing for r11ac111cr < ~ f fillir~g a l ~ p o i ~ ~ t ! ~ ~ e ~ ~ t h .

LEGISLATIVE JOURNAL-HOUSE

An Act amending the act of June 18, 1941 (P. 1.. 137, No. 74), entitled, as amended, "An act pro~riding lor the appointment, powers and control of members of volunteer lire companies as special fire police, and conferring powers on them at fires attended by their fire companies in any city, borough, toun, township or home rule municipality," providing for administration of thcoath of orlice.

LOCAL GOVERNMENT.

SB 1807, PN 2311 By Rep. GAMBLE An Act amending the act of May 16, 1923 (1'. 1.. 207, No. 153)-

cntitled "Municipal Claim and Tax Lien law," providing for perfection of liens by municipalities lor ascessments payable in installments.

I.OCAL GOVERNMENT.

VOTE CORRECTIONS

The SPEAKER pro [ernpore. The Chair recognizes the gentleman, Mr. Mclio.

Mr. MELIO. Mr. Speaker, I bvould like to correcl the record.

On HB 513, amendment 4002, and HB 2509, amendment 3909, in theaffirmative, please. Thank you.

The SPEAKEK pro renipore. The gentleman's remarks will be spread on the record.

DEMOCRATIC CAUCUS

TheSPEAKER pro lempore. Thegentleman. Mr. Cohen. Mr. COHEN. Thank you, Mr. Spcaker. Mr. Speaker, bills are coming our fast and furious from

various committees. I would like, therefore, to call a Demo- cratic caucus irnmediakely upon the call of rhc recess. Hopefully [he caucus \$ i l l last lo\ [hari I hour and u c bill be able to promptly go to lunch. I urge all members to attend the cauctts.

REPUBLICAN CAUCUS

The SPEAKER pro ternpore. The Chair rcc~giii/es the gcn- tlernan, Mr. Noye.

Mr. NOYE. Thank you, blr. Speaker. Mr. Speaker, for [lie Rep~~blicali rnenibcr\, I am going lo

urge you to gcl lunch right away, and \ve \ \ i l l caucus at 12:30; 12:30 for a Republicntl caucus. \Vc \$i l l teturn to the floor at l:30.

APPROPRIATIONS (:OMMITTI<:E MEETING

The SPEAKER pro ternpole, Tliere \ \ i l l be an App~opr i - atiolr\ nlcctinf at the ci~ll lor rci.c\\ In lllc inajoril) cauellh root11

YOTI,: C'OKKI~:<"I IONS

'rlle S P E A K E R ICII I IXWC. I I I C C ' I I L I ~ V SCC,ISIII/C, I I I C ~ C I I -

tlernan. Mr. 5t;th:rch.

Mr. STABACK. Thank you, Mr. Speaker. I \vould like to correct the record. Yesterday when the House voted on amendment 2935 to

HB 513, 1 was out o f my seat. I would like the record to show that had I voted, that vote rvo~lld have been in the affirmative. Thank you, Mr. Speaker.

The SPEAKER pro tempore. The gentleman's remarks will be spread on the record.

The gentleman, Mr. Colafella. Mr. COLAIELLA. Mr. Speaker, yesterday 011 HR 381 1

was not in my seat. If 1 was, I would have voted in the affirmative.

The SPEAKER pro tempore. The gentleman's remarks will be 5pread on the rccord.

The gentleman, Mr. McCall. Mr. McCA1.I. Thank you, Mr. Speaker. To correct the record. On 11R 415 1 \\ah not recorded. I would like the record to

ihou I would have voted in the al'firrnative. The SPEAKtIR pro lemporc. The genllernan's remarks will

be sprcad on the rccord.

REMARKS SIJBMITTED FOR THE RECORD

I h e SPEAKER pro tempore. The gcnlletnan, Mr. Gerlach. Mr. CERI.ACH. Thank you, Mr. Speakcr. I have some prepared rcmark5 that I would like to submit

for the record. The SPEAKER pro lempore. The gentleman mag present

those remarks fo i [he record.

Mr. GERLACH submitted the follo\ving rctrlarks for the Legislative Journal:

Mr . Speakcr. thih year mark5 the 150th anniversary of the Ilavc) Company, a Lery important employer in my district. The Ila\.c) Coriipany manufai'torcc hinders hoard which is used to \trcnpthri~ liardco\cr books.

Thr company \\a\ begun hy William Davcy in 1842, and i t has bccn n ritajor provider of hindcih hoard cincc that time. I t is the largest producer ofthis matcrial in the x~orld.

The compan), which cmploy5 ahout 300 neople, operates \e\erul plant\, including one in Douningtown.

,\ltliough the ~natclial produccd b) the Davcy Company is not Liiihle, its itrengtli and durability are vital to a volume because the cover material, end lca\cs, and rei~~f~>l-ccrncnI all adhere to it.

lo ;111 ilzc of environmmlal awarcnc\r, i t is important to note Illat the product ~ l~r l~ iuf i~e t i l~ed by Dilvc) has been niade from the \ame basic inglcdicrrt for a ccntur) and a half: recycled papcr.

Thc uorilp;lny, through its dc\.clopment of acid-frcc hoard, made a m;tjor contcihulion to hclp solbe a problcrn which has hcc~l plaguing the hook indu\rr) for dcradci: acid deterioration ofialn;thlc old \oli~rncs.

hlr. Spc;rkcr, the six gencrittions of Davcys and their employ- ui.5, ;ill of uh i~ni lhif~e ahe en sicat pride i n ~n~anulacturing a supe- 1 ior produi.1, dewrvc ou r pr;iise on this \pccial occasion.

Y 0 I ' b : CORRECTIONS

I tic SPEAKER pro tempore. l'hcgentlernan, Mr. Broujos.


Mr. BROUJOS. Mr. Speaker, yesterday I would like to be recorded as in the affirmative on HR 422 and in the affirmative for Representative Tulli's amendment 4018 to SB 1790. Thank you.

The SPEAKER pro temporc. The gentleman's remarks will be spread on the record.

BILI, REREPORTED FROM COMMITTEE

SR 1421, Pii 2620 (Amended) By Rep. EVANS

An Act amending Title 71 (State Government) of the Pennsyl- b vanin Consolidated Statole\, pro\,iding an employer contribution rate for members o f an independent retirement Yystern.

LIQUOR CONTROL COMMITTEE MEETING 1 APPROPRIATIONS

The SPEAKER pro tempore. The gentleman, Mr. Saloorn. Mr. SALOOM. Mr. Speaker, if we are in receys at 1

o'clock, there will be a meeting of the Liquor Control Com- mittee in room 39E.

The SPEAKER pro tempore. There will be a meeting of the Liquor Control Committee at 1 o'clock in room 39E.

RECESS

The SPEAKER pro tempore. This House now stands it1 recess until I :30 p.m.

RECESS EXTENDED

The time of recess was extended until 2 p.m.

AFTER RECESS

BILL REPORTI.:I) FROM COMMITTEE, CONSIDERED FIRST TIME, A N D TABLED

SR 1226, PN 2621 (Amended) By Rcp. GAMB1.E t

An Act amendirig the act of July 15, 1976 (1'. L.. 1036, No. 208), ent~tled, as amended, "Volunteer Firc Conlpal~y. Ambu- lance Service and Rescue Squad Assistance Act," further providing for the Volunteer Companies Loan h ~ n d .

LOCAL GOVERNMENT.

BILL ON SECOND CONSlDERATtON

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

SB 1421, PN 2620.

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

BILI, RECOMMITTED

THE SPEAKER (ROBERT W. O'DONNELL) PRESIDING

The SPEAKER. The Chair thanks the gentleman, Mr. George, for presiding.

SENATE BILLS FOR CONCURRENCE

The clerk of the Senate, being introduced, presented the following bills for concurrence:

SB 1820, PN 2584

Referred to Committee on LOCAL GOVERNMENT, November 18, 1992.

SB 1975, PN 2591

Referred to Committee on APPROPRIATIONS, Novem-

The SPEAKER. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, I move tllal SR 1421 be

recommitted to the Appropriations Committee.

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

CALENDAR CONTINUED

BILLS ON THIRD CONSIDERATION

The House proceeded to third consideration of SR 1596, PN 2590, entitled:

An Act providing for the adoption of capital projects to be financeil from curre111 revenuc5 of the Game Fund.

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

ber 18, 1992. 1 Bill was agreed t o

SENATE MESSAGE

SENATE CONCURRENCE IN HOUSE CONCURRENT REGULATORY

REVIEW RESOLUTION

The clerk of the Senate, being introduced, informed that the Senate has concurred in HCRRR 1.

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

Thequestion is, sl~all the bill pass finally? Agreeable lo the proiisions of the Conztitution, the yeas

and nay5 will now he taken.

YEAS-192

Adolph l a i i c i ~ i l d I ;c~lgit, Kochuch b

Allen l . i l l I doghi81, Kud) Ander\u~t I a r lo I x i s l c ~ \ K!im Ang,ladl I l icn~c! 1 cc C;iiooll~ ,\rg3il l cc I i.18 S ~ U I ~ I I ~ I ,


Arrnitrong Arnold Barley Bclardi Beltanti Rirmeiin Hishop lllack lilaum Bowley Boyer Broujos Rroun Bun1 Buhh Burkavir, Caltagironc ('appabianca Carlron Car11 Carone Cawlry Ccriar Chadwick Civera Clark Clynler Cohen Colatells Coiaizro Cornell Corrigan C0il"ll c o y DrLuca

Davit, Dempsry I)enl Drrmody Dorlatucci Durham Evans

( iod%l~all h1a)crnik Ciruirza h l r l io Gruppo Merry Hagarty \ l i ch lo i~c Haluhha hlic,r/iic Hann;i hlihaiich Harle! Lluod) Harpcr hlurpli) Hara) Nahill Hayden Nailnr Haye5 Nicknl Hcckler No yc Herman N!CC Herihei 0'Ilrir.n Hsic O l a v l i u g h i i Oliver Irkin l'er,el Iadlowirc Pcici Jam?? Pctrarca Iarol in Pclrone Iohnson I 'hi l l ipi Johephs I'ICCOIB Kaircr Pills Kasonic Pre5lon Krnney Raymond King Keber Kminski Rcinard Krcbs Rieger Kru~reurk i IUilrcr Kukobich Robln\orl L.aGrotra

N A Y S - 0

NOT VOTING;-

Slirh Strittinarrcr Stuban Slurla Surra Tangrclli Taylor, t.. . L. Ta!lnr. 1,. Tailol, I. Tclch Thornac Tigue Tomlinson Trcllo lu l l i l l l iana Van HOIOC V a r i ~ c VCO" Vroan \Vamhach \I illliiili, U'II~UI~ Wogan M<,inink I Inphr . D. R. \V!iehl, h l . N .

Acosta Colc Rii.hard<on l r i c h Uattisto Pistella Scrilneoli

E X C l J S E D - 2

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

On t h e q u e s t i o n ,

Will t h e H o u s e agree t o t h e bill on t h i r d c o n s i d e r a t i o n ?

Bill was a g r e e d t o .

T h e S P E A K E R . T h i s bill has b e e n c o l l s i d e r e d on t h r e e d i f -

ferent d a y s and agreed t o and i s n o w on f i n a l passage.

T h e q u c s t i o ~ l is , r h a l l t h e bi l l pass finally? A g r e e a b l e t o t h e p r o v i s i o n s o f t h e C o n s t i t u r i o n , t h e yeas

a n d n a y s w i l l no\\. b e t a k e n .

-\co\ta Adolpll 411cn t l dc r so r i Anp,tadt Arg311 Arn~$rrong Arnold Harle) Ilatll$to Hclardi Uelfanti Illrrnclin Blihoi' Black Bl;~oni Boi\le) HOYCI B1011I05 B~,,an Hunt Iio5h I I ~ ~ t k o ~ i l / Cailagironc. Pnppabianca Carlion Carn Caronc Cai\lc) Cosur ('had\\ich Clicra C l a ~ h Cl!mer Cohcn Colaleila Cole l i io Cole Cornell Corrigan Cobell CO) DeLuca

l ucyk hlcCall

\1cHugI, LlcNall) \larkoseh \fartic0 \layernih hlelio hlc'ir) hl ici~lovic h l ico i i ic hlihalich hlund! 2lurphy Nailil l Nallcrr N~r.kol Nyci. O' l i i ien O l a v Oli \cl l'cr,el PCCC! Pcuarca I'elrone P i~ i l l i p i I'iccola l'itt( P~CSIUII Raymond Rcbr~

Kudy Ryan Saloom Siiurman Schecl, S~t,,,ll.l Scrinrenti Srrninel Scralini Sntilh, H. Smilh, S. 14. Snider. D . W Snydcr. G . Slahack Slalri Steelman Steiehncr

Surrn Tangrctii l a)lor, L. Z. Taylor, I Taylor, I Tclck Thoma\ l'igue 1 ornlinsur Trcllo 'Irii.11 Tulli Uliana Van Hornc Garicc vc011

Vroon \Varnbach Wil l~amr Wilson Wogan

T h e H o u s e p r o c e e d e d t o t h i r d c o n \ t d e ~ a t ~ o n of SB 186, PN 2585, en t i t l ed :

t i v e and t h e bill passed f i n a l l y .

O r d e r e d , T h a t t h e c l e r k r c t u r n t h e same t o t h e Sena te w i t h

t h e i n f o r m a t i o n t h a t t h e H o u s e h a s passed t h e same u, i th

a m e n d m e n t in w h i c h t h e c o n c u r r e n c e o f t h e Sena te i s reques ted

An A c t p r o v i d i n g t o r the e \ tab l i5h rnmt , organizat ion, opera- t i o n and t e r m i n a t i o n o f fraternal bene l i t \ocictics; i m p o 5 i n g add i - t i o r la l powers a n d dut ics on t h c ln \ i t rar tee Deparu i i cn t a n d on the Insurance Comn1isrioni.t: p r o ~ i d i n g e i i a n d nraAin3 rmea l5 .

De\h'cc\c Kcnne! Rrinard \Vo/niah Ddc? King Richnvdu,o Wriplil. U . R.

Ko,!n\ki K i c ~ c r \\riehr. hl. N nernp,~, l i lcbr Kilter I)"" K r m , c ~ A i Robinsol' O'llooneII. Dcrrnody Koho i~c l i Kochuth Speaker Dono~ui.ci

NOT V O T I N G - 4

r l l ~ ~ i i a j ~ ~ i t ) I C ~ I I I I T ~ hy t h c C ~ t i \ t i l t ~ t i o r ~ h a v i n g v o t e d in 111c a i t i r m a t i ~ c . t h c q u c s l i o l t !\a5 d c i c r r n i n c d in t h e a f f i r m a -

t i \ c ;IIICI t l l r bill pa> \ed f i t ~ a l l y .


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

* * *

T h e House proceeded to third consideration o f SB 145, P N 2610, entitled:

A n Act providing for managed health care for medical assistance: and conferring powers and duties on the Department o f Public Welfare.

O n the question, Will the House agree t o the bill o n third consideration? Bill was agreed to.

T h e SPEAKER. This bill has been considered on three different days a n d agreed t o a n d is now o n final passage.

T h e question is, shall the bill pass finally? Agreeable t o the provisions of the Constitution, the yeas

a n d nays will now be taken.

YEAS-195

Acosta Evans l,aGrotta R u d y Adolph Fairchild Langtry Ryan Allen Fajt Laughlin Saloom Anderson Fargo 1.awlcsr Saurman Angstadt Farmer Lee Schcctz Argall Fee Leh Schuler Armstrong Flcagle 1.escovitr Scrimenti Arnold Flick Linton Scmmel Barley Foster Lloyd Srrsfini Battisto Frccman Lucyk Smith, B. Belardi Freind McCall Smith, S. H. Belfanri Gallen McGcehan Snl'der. D. W. Birmelin Gamble McHalc Snyder, G . Bishop Gannun McHugh Staback Black Geist McNally Stair? Blaum Ccarge Mnialr Steelman Bowley Gerlach Markoiek Steighnrr Bayes Gigliotti Marrico Stetler Broujor Cladeck Mayernik Stish Brawn Codshall Meliu Slrittmatter Bunt Gruitra Merry Stuban Bush Gruppo Michlovic Sturla Butkovitr Hagarty Micozzie Surra Caltagirane Haluska Mihalich Tangrrtti Cappabianca Hanna Mundy Taylor. E . %. Carlsan Harley Murphy Taylor, F.

Nahill Carn Harper 'Taylor, I . Carone Hasay Nailor Telek Cawley Cessar Chadwick Civera Clark Clymer Cohen Colafella Colairzo Cornell Corrigan Cowell COY DeLuca DeWeese Daley Davier Dcmpsey Dent Dermody

tiaydcn Hayer Heckler Herman Hershey Hesi Hughes ltkin ladlowiec lame5 Jarolin Johnson Iosephs Kaiser Kasunic Kenney King Kotintki Krebs Kruszrwski

Nickol Nycr Olas~ Oliver Perzrl Pesci Petiarca Pctronc Pllillipi Piccola Pirtella Pitts Preston Raymond Reber Kcinard Richardson Kieger Kitter Robinwn

Thomas Tieue

~~~

Trello Trich Tulli Ulians Van Hoinc \'ancc Veon Vroon R'ambach William5 Wilson

Woiniak Wright. D. R . Wnpht, M . N .

Donatucci Kukovich Roebuck Speaker Durham

NAYS-0

N O T VOTING-4 m Cole Lrvdsnsky NOYC O'Brien

EXCUSED-2

Billow Mrkonic

T h e majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative a n d the bill passed finally.

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

VOTE CORRECTION

T h e SPEAKER. For what purpose does the lady, Ms. Mundy, rise?

Ms. MUNDY. T o correct the record, Mr. Speaker. T h e SPEAKER. The lady is in order. Ms. MUNDY. Thank you. On amendment 3909 t o HB 2509, my vole was not recorded

yesterday. I would like t o be recorded in the affirmative.

BILLS ON THIRD CONSIDERATION CONTINUED

T h e House proceeded t o third consideralion of SB 1083, P N 1200, entitled:

An Act amending Titles 15 (Corpurations and Unincorporatcd Associations) and 54 (Names) of the Pent~sylvania Consolidated Statutes, relating to associations; making revisions, corrections and additions; and making repeals.

On the question, Will the House agree to the bill o n third consideration? Mr . COY offered the following amendments No. A3922:

Amend Title, page 1, line I , by insertingaftcr "Titles" I (General Provisions),

Amend Sec. 101, page 1, line 7, by striking out "101" and inserting

1

Amend Bill, page I, by inserting helwccn lincs 12 and 13 Section 2. Amendment o f Title I.

The introductory paragraph and the definition of "person" in section 1991 of Title I o f the Pentisylvania Colisolidatcd Statutes t

are amended to read: g 1991. Definitions.

The following words and phrases, when uscd in any statute finally enacted on or alter September 1 . 1937, unless thc context clearly indicates otherwise, shall have the meanings [ascribed] eiven to then1 in this section: L

* * a

"Prrson." Inclodes a corporation, partnership, [and assoui-

or natural person

'In1e111;tl Kr.\r.~~uk, ( s~dc $ , I I',Xh." , & I I ~ I ~ . I & ~ . \ c I I ~ -. -. ( -. < ~ ~ ~ , l J l l ~ > \ ~ Y - . ! ~ I . S c . . -. : I < I \.,u

I - n i t -. I i h l t I I - ' III111Ic.l I ! . t I ~ ; . > n i p ~ dztj11r.d I I I x'antn ~IIC~:IIIII!'IIII.II!\~ .,.

1992 LEGISLATIVE JOURNAL-HOUSE 1879

li 103. Subordination of title to regulatory laws. (a) Regulatory laws unaffected.-This title is not intended

to authorize any corporation or other association to do any act prohibited by any statute regulating the business of the association or by any rule or regulation validly promulgated thereunder by any department, board or commission of this Commonwealth. Except as otherwise provided by the statutes and prescribed by the rules and regulations promulgated thereunder applicable to the business of the association, the issuance by the Department of State of any certificate evidencing the incorporation of a corporation or the filing ofat1 instrument with respect to or the organiza- rion qualification of an association under this title or any amendment to its articles or certificate or other change in its status or other action under this title shall not be effective to exempt the association from any of the requirements of those statutes or rules and regulations.

* * * Amend Sec. I02 (Sec. 1103). page 4, line 26. by inserting after

* * * Amend Sec. 102, page I, line 13, by striking out "102" and

inserting 3

Amend Sec. 102, page I, line 14, by inserting a comma after "15"

Amend Sec. 102, page I, lines 14 and 15, by striking out "of the Pennsylvania Consolidated Statutes,"

Amend Sec. 102, page I, by inserting between lines 16 and 17 5 102. Definitions.

Subject to additional or inconsistent definitions contained in subsequent provisions of this title that are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

A * * "Association." A corporation, a partnership, a business

or two or more persons associated in a common enterprise or undertaking. The term does not include a testamentary trust or an intcr vivos trust as defined in 20 Pa.C.S. 6 711(3) (relating to mandatory exercise of jurisdicrioti through orphans' court division in general).

* * * "Business trust." A trust subject to Chapter 95 (relating to

business trusts). * * *

, . . . - "changes)"

with the approval of the shareholders Amend Sec. 102, page 5, by inserting between lines 5 and 6 "Reaistered office." That office maintained by a corpora-

5 1504. Adoption, amendment and contents of bylaws. * * * (b) Exception.-Except as otherwise provided in section

1310(a) (relating to organization m ~ e t i n g ) ~ or in the articles[,] to the cxtent authorized by scction 1306(b) (relating to other provisions authorized), the board of directors shall not have the authority to adopt or change a bylaw on any subject that is committed expressly to the shareholders by any of the provisions of this subpart. See:

Subsection (d) (relating to amendment of voting provisions).

Section 1521 (relating to authorized shares). Section 1713 (relating to personal liability of directors). Section 1721 (relating to board of directors). Section 1725 (relating to selection of directors). Section 1726 (relating to removal of directors). Section 1729 (relating to voting rights of directors). Section 1756 (relating to quorum). Section 1757 (relating to action by shareholders). Section 1765 (relating to judges of election). Section 2105 (relating to termination of nonstock corpo-

ration status). Section 2122 (relating to classes of membership). Section 2124 (relating to voting rights of members). Section 2302 (relating to definition of minimum vote). Section 2321 lrelatine to shares).

tion in this Commonwealth[, thc address of which is filed wiih the Department of State] as required by section 1507 (relating to reg- i s t e r e d . See section 109 (relating to name of commercial registered office provider in lieu of registered address).

* * * $ 11 10. Annual report information.

The Department of Statc shall makc available as public information for inspection and copying the names of the president, vice-president, secretary and treasurer and the address of the principal office of corporations for profit as annually fora'arded to the department by the Department of Revenue pursuant to section 403(a)(3) of the act of March 4, 1971 (P.L.6. No.2), known as theTax Reform Code of 1971.

Amend Sec. 102, page 6, by inserting between lines 16and 17

- holder).

Section 2332 (relating to managcment by shareholders). Section 2334 (relating to appointment of provisional

director in ccrtain cases). Section 2337 (relating to option of shareholder to dis-

solve corporation). Section 2923 (relating to issuance and retention of

shares). * * * (d) Amendment of voting provisions.-

( I ) Unless otherwise provided in a bylaw adopted by the shareholders, whenever the bylaws require for the taking of any action by the shareholders or a class of shareholders a specific number or percentage of votes, the provision of the bylaws setting forth that requirement shall not be amended or repealed by any lesser number or percentage of votes of the shareholders or of the class of sharcholders.

Amend Sec. 102, page 7, by inserting between lines 21 and 22 5 1528. Shares represented by certificates and uncertificated

shares. * * * (I) Uncertificated shares.-The articles may provide that

any or all classes and series ofshares, or any part thereof, shall be

dered to the corporation. Wirltin a reasonable time after the issuance or transfer of uncertificated shares, the corporation shall send to the reeistered owner thereof a written notice containine - the information required to be set forth or stated on certificates by subsections (c) and (d). Except as otherwise expressly provided by la~u, the rights and obligations of the holders of shares represented by certificates and the rights and obligations of the holders of uncertificated shares of the same class and series shall be iden- tical. See section 2321(a) (relating to uncertificated shares prohib-


5 1530. Preemptive rights of shareholders. t * L

(b) Cross [reference] references.-See [section] sections 1525(e) (relating t o shares subject to preemptive rights) 2321(b) (relating to preemptive rights). 5 1554. Financial reports to shareholders.

(a) General rule.-[Unless] Except as otherwise provided in subsection (d) o r unless otherwise agreed between a business corporation and a shareholder, every corporation shall furnish t o its shareholders annual financial statements, including at least a balance sheet as of the end o f each fiscal year and a statement of income and expenses for the fiscal year. The financial statements shall be prepared on the basis o f generally accepted accounting principles, if the corporation prepares financial statements for the fiscal year on that basis for any purpose, and may be consolidated statements of the corporation and one or more of its subsidiaries. The financial statements shall be mailed by the corporation to each of its shareholders entitled thereto within 120 days after the close of each fiscal year and, after the mailing and upon written request, shall be mailed by the corporation to any shareholder o r beneficial owner entitled thereto to whom a copy of the most recent annual financial statements has not previously been mailed. Statements that are audited or reviewed by a public accountant shall be accompanied by the report o f the accountant; in other cases, each copy shall be accompanied by a statement of the person in charge of the financial records o f the corporation:

( I ) Stating his reasonable belief as to whether or not the financial statements were prepared in accordance with generally accepted accounting principles and, if not, describing thc basis o f presentation.

(2) Describing any material respects in which the finan- cia1 statements were not prepared on a basis consistent with those prepared for the previous year. * (i * (d) Exception.-Subsection (a) shall not apply to a corpora-

tion that is required by law to file financial statements at least once a year in a public office.

[(d)] (e) Certain provisions o f articles ineffective.-This section may not be relaxed by any provision of the articles.

[(dl Cross references.-See section 2511 (relating to financial reports to shareholders) and 42 Pa.C.S. 5 2503(7) (relating to right of participants to receive counsel fees).

Amend See. 102, page 8, by inserting between lines 2 and 3 5 1704. Place and notice of meetings o f shareholders.

* * * (b) Notice.-Written notice o f every meeting o f the share-

holders shall be given by, o r a t the direction o f , the secretary or other authorized person to each shareholder o f record entitled to vote at the meeting at least:

(I) ten days prior to the day named for a meeting [called to] that consider a fundamental change under Chapter I9 (relating to fundamental changes); o r

(2) five days prior to the day named for the meeting in any other case.

If the secretary o r other authorized person neglects or refuses to give notice of a meeting, the person o r persons calling the meeting may d o so.

* * * Amend Sec. 102, page 8, by inserting betwccn lines 21 and 22

§ 1731. Executive and other committees of the board. (a) Establishment and powers.-Unless otherwise restricted

in the bylaws: (1) The bylaws o r the board o f directors of a business

corporation may[, by resolution adopted by a majority of the directors in office,] establish one or more committees to consist of one or more directors of the corporation.

(2) Any committee, to the extent provided in the resolution x t h e board of directors or in the bylaws, shall have and

may exercise all o f the powers and authority of the board of directors except that a committee shall not have any power or authority as to the following:

(i) The submission to shareholders of any action requiring approval of shareholders under this subpart.

(ii) The creation or filling o f vacancies in the board of directors.

(iii) The adoption, amendment o r repeal of the bylaws.

(iv) The amendment o r repeal of any resolution of the board that by its terms is amendable o r repealable only by the board.

) Action on matters co~ntnitted by the bylaws or resolution o f the board of directors to another committee of the board. [(2)] (3) The board may designate one or more direc- W

tors as alternate members of any com~nittee who may replace any absent or disqualified membcr at any meeting o f the committee or for the purposes of any written action by the committee. In the absence o r disqualification of a member and alternate member or n~embers o f a committee, the membcr or members thereof present at any meeting and not disqualified from voting, whether or not he or they constitute a quorum, may unanimously appoint another director to act at the meeting in the place o f the absent o r disqualified member. * * * Amend Sec. 102, page 9, by inserting between lines 19 and 20

5 1756. Quorum. * * * (b) Exceptions.-Unless otherwise provided in a bylaw

adopted by the shareholders, those shareholders entitlcd to votc who attend a meeting of shareholders:

( I ) [Those shareholders entitled to vote who attend a meeting called for the election of directors] At which directors are to be elected that has been previously adjourned for lack of a quorum, although less than a quorum as fixcd in this section or in the bylaws, shall nevertheless constitute a quorum for the purpose of clecting directors.

(2) [Those shareholders entitled to vote who attcnd a meeting of sl~areholders that] That has been previously adjourned for one or more periods aggregating at least 15 days because of an absence of a quorum, although less than a quorum as fined in this section or in thc bylaws, shall inever- theless constitute a quorum for the purpose o f acting upon any matter set forth in the notice of tllc meeting i f the notice states that those shareholders who attend thc adjourned mecting shall nevertheless constitute a quorum for the purposc of acting upon the matter. * * *

5 1766. Consent of shareholders in lieu of meeting. * * * (b) Partial written consent.-If the [the] bylaws so provide,

any action required o r permitted to be taken at a meeting o f the shareholders or o f a class of shareholders may be taken without a meeting upon the written consent o f shareholders who would have been cnritled to cast the minimum numhcr o f votes that would be necessary to authorire the action a1 a meeting at which all shareholders entitled to vote thcrcon were prescnt and voting. The consents shall be filed with the secrctary o ( the corporation. [The action]

(c) Effectiveness of action by partial written consent.-An action taken pursuant to subsection (b) shall not become elrective until after at least ten days' written noticc o l the action has been given to each shareholder entitled to vote thcreon who lhas not consented thereto. This subsection may ,not hc relaxed by any provision of the articles. w

(d) Cross refercncc.-Sce section 2524 (relating to consent of shareholders in lieu ofillrcring).


5 1913. Notice of meeting of shareholders. (a) General rule.-Written notice of the meeting of share-

holders of a business corporation [called for the purpose o f considering] that will act on the proposed amendment shall be given to each shareholder entitled to vote thereon. There shall be included in, or enclosed with, the notice a copy of the proposed amendment o r a summary of the changes to be effected thereby and, if Subchapter D of Chapter 15 (relating to dissenters rights) is applicable, a copy of that subchapter.

* * * 6 1922. Plan of merger o r consolidation.

(a) Preparation of plan.-A plan of merger or consolidation, as the case may be, shall be prepared, setting forth:

* * * (3) The manner and basis o i converting the shares o f

each corporation into shares o r other securities o r obligations of the surviving o r new corporation, as the case may be, and, if any of the shares of any of the corporations that are parties to the [plan] merger or consolidation are not to be converted solely into shares or other securities o r obligations o f the surviving o r new corporation, the shares o r other securities or obligations of any othcr person o r cash, property o r rights thar the holders of such shares arc to receive in exchange for, o r upon conversion o f , such shares, and the surrender of any certificates evidencing them, which securities or obligations, if any, o f any other person or cash, property or rights may be in addition to or in lieu o f the shares or other sec!~rities o r obligations of the surviving o r new corporation.

* * * (d) Party to plan o r transaction.-A corporarion, partner-

ship, business trust o r other association that approves a plan in its capacity as a sharelnolder o r creditor of a merging or consolidating corporation, o r that furnishes all o r a part of the consideration contemolated bv a nlan. does not therebv become a nartv to , . . . . the plan or the merger o r consolidation for rhe purposes o f this subchanter. 3 1923. Notice of meeting of shareholders.

la) General rulc.-Written noricc of the meetine of share- - holders [called for the purposc of considering] that will act on the nroposed nlan shall bc aiven to cach shareholder of record, . . whether o r not cntitled to vote thereon, of each domestic business corporarion that is a party to the [plan] merger o r consolidation. There shall be included in, o r enclosed with, the notice a copy of the proposed plan o r a summary thereof and, if Suhchapler D of chapre; 15 (;elating to dissenters rights) is applicable to the holders of sharcs o f any class or series, a copy of that subchapter and of section 1930 (relating to dissenters rights) shall be Cur- nished to the holders of shares of that class or series.

* * * Amend Sec. 102 (Sec. 1924). page9, line21. by srrikingout all

of said line and inserting (a) General rule.-The plan of mcrger ur consolidation shall

be adoptcd upon receiving the affirmative votc of a majority of the votes cast by all shareholders entitled to vote thereon of each of the domestic business corporations that is a party to the [plan] merger or consolidation and, if any class o r scries of shares is entitled to vote thereon as a class, the affirmative vote of a majority o f the votes cast in each class vote. The holders of any class o r series of shares o f a domestic corporation that is a party to a [plan] merger or consolidation that cffects any change in the articles of the corporation shall be entitled to votc as a class on the plan if they would have been entitled to a class vote under the provisions of section 1914 (relating to adoption of amendmcnts) had the change been accomplished under Subchapter B (relating to amendment of articles). A proposed plan o f merger or consuli- dation shall not be dccmcd lo have been adopted by the corporation unless it has also been approvcd by [he hoard of directors, regardles~ of the fact that thr hoard ha\ directed i l l hoSfcrcd the submission o f t h e plan to the shareholders for action.

Amend Sec. 102 (Sec. 1924), page 9, line 30, by inserting brackets before and after "plan" and inserting immediately thereafter

merger o r consolidation Amend Sec. 102, page 10, by inserting between lines 6 and 7

5 1926. Articles of merger o r consolidation. Ilnon the adootion of the olan of mereer or consolidation bv - r ~ .

the corporations desiring to merge or consolidate, as provided in this subchaoter. articles of mereer o r articles of' consolidation. as ~~ ~ ~ . . the case may be, shall, cxcept as provided by section 1924(b)(3) (relating to adoption by board of directors), be executed by each corporation and shall, subject t o section 109 (relating t o name of commercial registered ofiice provider in lieu o f regislered address), set forth:

* * * (2) The riamc and address, including street and number,

if any. of the reeistered office of each other domestic business . . - corporation and qualiiied foreign business corporation that is a party to the [plan] merger or consolidation.

* * * (4) The manner in which the plan was adopted by cach

domestic corporation and, if one o r more foreign corporations are partie, to the [plan] merger or consolidation, the fact thar the plan was aurhori7ed, adopted o r approved, as the case may be, by each of the foreign corporations in accordance with the laws of the jurisdiction in which i t is incorporated.

* * * 5 1929. Effect of merger or consolidation,

(a) Single surviving or new corporation.-Upon the merger or consolidation becoming effectivc, the several corporations parties to the [plan of] merger o r consolidation shall be a single corporation which, in the case o i a merger, shall be the corporation designated in the plan o f merger as the surviving corporation and, in the case o f a consolidation, shall be the new corporation provided for in the plan of consolidation. The separate existence of all corporations parties t o the [plan of] merger or consolidation shall cease, cxcept that of the surviving corporation, in the case of a mcrger. The surviving o r ncw corporation, as the case may be, if i t is a domcstic business corporation, shall not thereby acquire authority lo engage in any business or exercise any right that a corporation may not be incorporated under this subpart to engage in o r exercise.

(b) Property rights.-All the property, real, personal and mixed, and franchises of each of thc corporations parties to the Iplan oil mereer or consolidation, and all debts due on whatever . - account to any o f them, including subscriptions for shares and other choses in action belonging to any of them, shall be deemed to be transferred to and vested in the surviving or new corporation, as the case may be, without further action, and the title to any real estate, or any interest therein, vested in any of the corporations shall not revert o r be in any way impaired by rcason of the merger o r consolidation. The surviving or new corporation shall thenceforth be responsible for all [he liabilities of each of the corporations so merged o r consolidated. Liens upon the property of the merging or consolidating corporations shall not be impaired by the merger or consolidation and any claim existing o r action or procecding pending by o r against any of the corporations may be prosecuted to judgment as if thc merger o r consolidation had not taken place o r the surviving o r new corporation may be proceeded against or substituted in its place.

* * * $ 1930. Dissenters rights.

(a) General rule.-If any shareholder of a domestic business

sion? of ~ u h c h a p l c r D of Chapter 15 (reiating lo dissenters

1882 LEGISLATIVE

rights), the shareholder shall be entitled to the rights and remedies of dissenting shareholders therein provided, if any. See also section 1906(c) (relating to dissenters [right] rights upon special treatment).

(b) Plans adopted by directors only.-Except as otherwise provided pursuant to section 1571(c) (relating to grant of optional dissenters rights), Subchapter D of Chapter 15 shall not apply to any of the shares of a corporation that is a party to a [plan of] merger o r consolidation pursuant to section 1924(b)(l)(i) (relating to adoption by board of directors).

* * * Amend Sec. 102 (Sec. 1932). page 11, line 5, by inserting after

"shall" also

Amend ~ec.102, page 12, by inserting between lines 16 and 17 5 1957. Effect of division.

% * *

(b) Property rights.- (1) (i) All the property, real, personal and mixed, and franchises of the dividing corporation, and all debts due on whatever account to it, including subscriptions for shares and other choses in action belonging to it, shall (except a s otherwise provided in paragraph (2)), to the extent transfers of assets are contemplated by the plan of division, be deemed without further action to be transferred t o and vested in the resulting corporations on such a manner and basis and with such effect as is specified in the plan, o r per capita among the resulting corporations, as tenants in common, if no specification is made in the plan, and the title to any real estate, or interest therein, vested in any of the corporations shall not revert o r be in any way impaired by reason o f the division. [The]

(ii) Upon the division becoming effective, the resulting corporations shall each thenceforth be responsible as separate and distinct corporations only for such liabilities as each corporation may undertake o r incur in its own name but shall be liable [inter sel for the liabilities of the dividing corporation in the manner and on the basis [specified in the plan of division] provided in s u b paragraphs (iv) and (v).

QuJ Liens upon the property of the dividing corporation shall not be impaired by the division.

(iv) One o r more, but less than all, of the resulting corporations shall be free of the liabilities of the dividing corporation to the extent, i f any, specified in the plan, i f no fraud of corporate creditors, o r of minority shareholders o r shareholders without voting rights o r violation of law shall be effected thereby, and if all applicable provisions of 13 Pa.C.S. Div. 6 (relating to bulk transfers) and all other applicable provisions of law are complied with. I0therwise.l

takin place, o r thk r;sulting corporations may be proceeded against or substituted in its place as joint and several obligors on such liability, regardless of any p rov i~ sion of the plan of division apportioning the liabilities of the dividing corporation. (2) (i) The transfer of any lee or freehold interest or

JOURNAL-HOUSE NOVEMBER 18,

any tract o r parcel of real property situate in this Com- monwealth owned by a dividing corporation (including property owned by a foreign business corporation dividing solely under the law of another jurisdiction) to a new corporation resulting from the division shall not be effective until one of the following documents is filed in the oflice for the recording of deeds of the county, or each o f them, in which the tract o r parcel is situated:

(A) A deed, lease or other instrument of con- firmation describing the tract o r parcel.

(0) A duly executed duplicate original copy of the articles of division.

(C) A copy of the articles of division certified by the Department o l State.

(D) A declaration of acquisition setting forth the value o f real estate holdings in such county of the corporation as an acquired company. (ii) The provisions of 75 Pa.C.S. 5 11 14 (relating

to transfer of vehicle by operalion of law) shall not be applicable to a transfer of ownership of any motor vehicle, trailer o r semitrailer from a dividing corporation to a new corporation under this section or under a similar law o f any other jurisdiction but any such transfer shall be effective only upon compliance with the requirements o f 75 Pa.C.S. 5 1 1 16 (relating to issuance of new certificate lollowing transfer).

* * * Amend Sec. 102 (Sec. 19621, page 12, line 27, by inserting

brackets before and after "called to" and inserting immediately thereafter

that will Amend Sec. 102, page 13, by inserting between lines 17 and 18

5 1973. Notice of meeting of shareholders. (a) General rule.-Written notice of the meeting of share-

holders [called for the purpose of considering] that will consider the advisability o f voluntarily dissolving a business corporation shall be given to each shareholder o l record entitled to vote thereon and the purpose shall be included in the notice of the meeting.

* * * Amend Sec. 102 (Sec. 1977), page 14, lines 22 through 24, by

striking out all o f said lines and inserting (2) an election to proceed under Subchapter H (relating

to postdissolution provision for liabilities) has been made. See section 134(relating todocketing statement).

Amend Sec. 102 (Sec. 19791, page 17, lines 7 through 25, by striking out all of said lines and inserting

* * * Amend Sec. 102 (Sec. 1979), page 18, line 29, by striking out

"or" and inserting of

(v) If the conditions in subparagraph (iv) for freeing one o r more o f the resulting corporations from the liabilities of the dividing corporation are not saris- fied, the [liability] liabilities o f the dividing corporation - shall not be affected by the division nor shall the rights o f creditors thereof o r of any person dealing with the corporation be impaired by the division and[, except as otherwise provided in this section,] any claim existing or action o r proceeding pending by or against the corporation may be urosecuted to iudament as if the division had not

leasehold having a remaining term o f 30 years o r more in I -

Amend SZ. 102 (Sec. 19941, page 23, line 30, by striking out "E and inserting

Except as provided in section 1997(d) (relating to liability of directors), the b

Amend Sec. 102, page 26, by inserting between lines 11 and 12 5 2123. Evidence of membership; liability of members.

(a) General rule.-Every member of record o f a nonstock corporation shall be entitled to a written document evidencing his membership in the corporation. The document shall [set forth the rights and liabilities o f memberrhinl state:


i n o n reoueqt and without chareel.1) a full or summarv 5tatement

* * * 5 2921. Corporate name.

* * * (b) Additional names oerrnit1ed.-The provisions of [the

~7~ - ~ ~ ~ - ~ ~ ~ ~ ...L of the special rights and liabilities o f mcnthership (and, i f thc ofl section l303(a) (relating to corporate name) mcmbershio of the corooration is divided into classes.1 of each the use of a name o f a professional corporation c l a s s the variations in the rights and liabilities of membership between classes. If a membership is not fully paid o r if the member is otherwise liable to assessment, the document evidencing the membership shall so state.

[(b)] (f) 1,iability.-A subscriber to the minimum guaranteed capital of or member of a nonstock corporation shall not be under any liability to the corporation or any creditor thereof other than the obligations o f conlplying with the terrns o f the sub- scription to the minimum guaranteed capital, if any, and with the terms of the documcnt evidencing his metnbership. Otherwise, the members of a nonsrock corporation shall not be personally liable for the debts, liabilities or obligations o f the corporation.

[(c)] (d) Dissenters rights.-The document evidencing membership h a 1 1 constitute a sharc certificate for the purposes o f Subchaptcr D o f Chapter 15 (relating to dissenters rights).

Amend Sec. 102 (Sec. 2501), page 26, lines 13 through 25, by striking out all of said lines and inserting

* * * Amend S e c 102 (Scc. 2501), page 27, line 14, by striking out

"and" where i t appears the first time - Atncnd Sec. 102 (Sec. 2501). pagc 27, line 17, by striking our

"and remedies and inserting - , remcdies, prohibitions and requirements

Arner~d Sec. I02 (Sec. 2501). page 27, line 19, by striking out "or remedies and insertine

if the name contailis and is restricted to the name or the last name o f one or more of ths present, prospective o r former shareholders or o f individuals who were associated with a predecessor or whohe individual name or names appeared in the name of the predecessor. The name may also contain:

(1) the word "and" or any symbol or substitute therefor;

(2) the word "associates"; (3) the term "P.C."; o r (4) an) or all of the words o r terms in paragraphs (I),

(2) and (3). 5 2923. Issuance and retention ofshares.

* * * (c) Interstate application.-Where [the activities in this

Cornmonwealtli of1 a oerson who is a licensed oerson under the . . laws of atlother jurisdiction engages in activities in this Common- wealth that would be unlawful unless (hat ocrson were also a licensed person under the l aas o f this Commonwealth, shares of a professional corporation shall not be issued to o r retained by or on hchalfof him unless he is also a licensed person under the laws of rhis Commonwealth. Except as provided in the preceding sentence, this chapter shall not be construed to require that any pro- portion or number of the holders or beneficial owners of a pro- fe\sional corporation who are licensed persons shall be licensed oersons under the laws of rhis Commonwealth.

- 1 after "p&" [(c)] (e) Disciplinary jurisdiction unaffected.-A profes- relating to a merger or conro l ida t j c~ sional corporation shall be subject to the applicable rules and rcg-

Amend Sec. 102, pagc 28, by inserting between lines 29 and 30 ulations adopted by, and all the disciplinary powers of, the court,

. . . . 3 2538, Approval of transactions with interested shareholders. I I * (b) Exceptions.-Subsection (a) shall not apply to a trans-

action: ( I ) that has been appro\,ed by a majority vote o f the

hoard of directors without counting the vote of directors who: (i) are directors or officers o f , or have a material

equity intcrc5t in, the interested shareholder; or (ii) were noniinated for election as a director by the

interested shareholder, and first elected as a director, within 24 months of the date o f the vote on the proposed transaction; [or] (2) in which the consideration to be received by the

shareholder, for shares of any class o f which shares are owned by thc interested shareholder is not l o s than the highest arnount paid by the interested shareholder in acquiring shares o f the sanicclassll: o r

3 2902. Definitions. The following words and phrases when ilred in this chapter

shall have the meaning\ given to them in this \ection unlesc the context clearly ir~dicatcs othcrui\e:

1 * 1 "1.icensed pcrson." Any natural person w h o is duly liccnscd

o r admitted to practice his profession by a court, dcpartnicnt, board, commission or other agenc) of this Vornmoriwealth or anolhel jurisdiction to r~.ndei a prolession;il wrvice lhat i5 o r will be rendcrcd by the profzsional coiporatior~ o l which he is, or intends to become, an ofl'iccr, director, \hareholdcr, crnploycc or apcnt

(h) [Liability] Professional liability unaffccted-Any officer, shareholder, ernployee o r agent of a professional corporation shall rernain perso~~al ly and fully liable and accountable for any negligent or wrongful acts iyr misconduct committed by him or by any person under his direct supervision and control while rendering professional services on behalf of the corporation to the person for \\horn the professional services were being ren- dered.

(c) Liability of corporalion.-The professional corporation shall be liable up to the full value of its property for any negligent or aronpful act* or misconduct committed by any o l i t s officers, shareholders, employees o r agents while they arc cngagcd on behalf of the corporation in rendering professional services.

(d) I.iability o f shareholders.-Unless otherwise provided in its articles, shares of a profcssional corporation shall be nonas- sessable and a holder or owner of shares of a professional corporation shall not bu under an\' liabilitv to the orofessional coroora-

department, hoard, commission or other go\,ernment unit regulating the profession in ahich the corporation is engaged. The court, department, board or othcr government unit may require that a prolrssional corporation include in its articles provisions that conform lo any rule o r regulation heretofore o r hereafter promulgated for thc purpo5e olenforcirig the ethics o f a profcs- \ion, hut, il~tlcss otherwise probided by statutc, a rule or repula- tion shall not require the issuance by the corporation of assess- able shares o r requirc thc inclu~ion ofarty prob'ision in the articles that i \ inconsistent with the provisions of Article B (relating to domestic business corporations yeneralll) as modified by this

~~~~~~ - -

;ate of autho;ity under this chapter: . (a) General rule.- * * * Amend Sec. 102 (Sec. 57431, page 29, by inserting between Subchapter F of Chapter 25 (relating to husiners combi lines 10 and l l


nations), to the extent provided in section [2551(d)l 2551(c) (b) Cross reference.-See section 6145 (relating to applica- (relating to continuing applicability). I bility of certain safeguards to foreign corporations). b

5 5103. Definitions. Amend Sec. 102. oaee 29. bv insertine between line< 2R 2 n d 19

chapter. This chapter shall not affect or impair the disciplinary powers of the court, department, board, commission or other government unit over licensed persons or any law, rule or regulation pertaining to the standards for professional conduct of licensed persons or to the professional relationship between any licensed person rendering professional services and the person receiving professional services. 5 4146. Provisions applicable to all foreign corporations.

The following provisions of this subpart shall, except as 0th- erwise provided in this section, be applicable to every foreign cor- Doration for profit. whether or not reauired to Drocure a certifi-

this subpart, the following words and phrases when used in this subpart shall have the meanings given to them in this section unless the context clearly indicates otherwise:

( I ) ten days prior to the day named for a meeting [called to] that consider a fundamental change under Chapter 59 (relating to fundamental changes); or

(2) five days prior to the day named for the meeting in any other case. k

If the secretary or other authorired person neglects or refuses to give notice of a meeting, the person or persons calling the meeting may do so.

* * * Amend Sec. 102 (Sec. 5743), page 29, line 3, by inserting

before "To"

. . w ~ ~~ ~~~~ ~ ~ ~ ~ . . .. -,

5 5972. Proposal o f voluntary dissolution. (a) General rule.-Any nonprofit corporation that has conl-

menced business may [elect to] dissolve voluntarily[,] manner provided in this subchapter and wind up its affairs in the manner provided in [this subchapter.] section 5975 (relating to

* a * predissolution provision for liabilities) or Subchapter H (relating "Dissolve" or "dissolution." The termination of corporate to postdissolu~ion provision for liabilities). Voluntary dissolution

existence effected by: shall be orooosed bv: . . (1) filing of articles of dissolution in the department I ( I ) the adoption by the board of directors or other body

under this subpart by the corporation or by the office of the of a resolution recommending that the corporation be dis- clerk of the court of common pleas; rolved voluntarily;

(2) expiration of the term o f existence of a corporation (2) petition of members entitled to cast at least 1007n of by reason of any limitation contained in its articles; the votes that all members are entitled to cast thcrcon, sctting

(3) forfeiture by proclamation of the Governor under forth a resolution recommending that the corporation be dis- section 1704 of the act of April 9, 1929 (P.L.343, No.176), I solved voluntarily, which petition shall be directed to tlne known as The Fiscal Code, or otherwise;

(4) filing of a certified copy of a decree of dissolution in the department under the supplement of April 9, 1856 (P.L.293, No.308), entitled "Supplement to the acts relating to incorporations by the Courts of Common Pleas," or otherwise: or -

(5) judgment of ouster, upon proceedings in quo war- ranto, under former provisions of law. * * * "Registered office." That office maintained by a corpora-

tion in this Commonwealth[, the address of which is filed in the Department of State or which was recorded in the office of the recbrder of deeds in the manner formerly required by statute.] as required by section 5507 (relating to registered office). See section 109 (relating to name of commercial registered office provider in lieu of registered address).

* * I

5 51 10. Annual report. 11 1

(b) A~~lication.-This section shall a p ~ l v to every: (1) domestic nonprofit corporatibn ihat has been incor-

porated after December 31, 1972[, or]; (2) domestic nonprofit corpora?ion that has made any

filing under the Nonprofit Corporation Law of 1933 in the Department of State as amended by the act of June 19, 1969 (P.L.86, No.31);

(3) domestic nonprofit corporation that has filed a statement of summary of record with the Department of State after December 3 1, 1972; and

[(2)] (41 qual~fied foreign nonprofit corporation. - * * * 5 5704. Place and noticc of meetings of membrrs.

* * * (b) Notice.-Written notice of every meeting of the

members shall be given by, or at the direction of, the secretary or other authorized person to each member of record entitled to vote at the meeting at least:

board of directors and filed with the secretary of the corporation: or

The resolution-shall contain a statement either that the dissolution shall proceed under section 5975 or that the dissolution shall proceed under Subchapter H.

* * * (c) Cross reference.-See section 5974(e) (relating to amend-

ment of winding-up election). 5 5973. Notice of meeting of members.

(a) General rule.-Written notice of the meeting of members [called for the purpose of considering] that will consider the advisability of voluntarily dissolving [the] a !nonprofit corporation shall be given to each member of record entitled to vote thereon and the purpose shall be included in the notice of the meeting.

* * * 6 5974. Adoption of orooosal.

. . Predissolution provision for liabilities.

(a) Powers of board.-The board of directors or other body

untary dissolution proceeding.] in accordance with this section prior to filing articles of dissolution in accordance with section 5977 (relating to articles of dissolution).


* * * 6 5977. Articles of dissolution

(a) [Preparation o f articles.-When] General rule.-Articles of dissolution and the certificates or statement required by section 139 (relating t o tax clearance of certain fundamental transactions) shall be filed in the Department of State when:

( I ) all liabilities of the nonprofit corporation havc been dischzged, or adequate provision has been made therefor, in

ter,] section 5975 o r in case its asscts are not sufficient to dis- charae its liabilities. when all the assets have been fairlv and

- -- ~

* * * 5 5978. Winding up of corporation [upon the expiration of its

period of duration] after dissolution. (a) Winding up and distribution.-Every nonprofit corpora-

tion that is dissolved bv exoiration o f its neriod of duration or . . otherwise shall, neverrhelcss, continue to exist for the purpose 2 winding up its affairs, prosecuting and defending actions or proceedings by or against it, collecting and discharging obligations, disposing of and conveying its property and collecting and dividing its assets, but not for the purpose of continuing business except insofar as necessary for the winding up of the corporation. Thc hoard of dircctors or othcr body of the corporation [shall] may continue as such and shall have full power to wind up the

such liabilitiesl.1: o r equitably applied, a s far as they will go, to the payment of I

( I ) The name of the corporation and, subject to section 109 (relating to namc o f commercial registered office provider in lieu o f registered address), the address, including street and number, i iany, of its registered office.

(2) The statute under which the corporation was incor- oorated and the datc of incoraoration.

alfairsof thecorporation

(3) The names and respective addresses, including street and number, if any, of its directors and officers.

(4) The manner in brhich the proposal to dissolve voluntarily was adopted by the corporation.

(5) A statement: (i) that all liabilities of the corporation havc been

discharged o r that adequate pro\,ision has been made thercfor; o r

(ii) that the assets of the corporation are not sufficient to discharge its liabilities, and that all thc assets of the corporation have been fairly and equitably applied, as far as they will go, to the payment of such liabilities.

An election by the corporation to proceed under Subchapter H [(relating to postdissolution claims)] shall constitute the making o f adequate provision for thc liahilities o f thc corporation, including any judgment or decree that may be obtained against the corporation in any pending action o r proceeding.

(6) A statement: (i) that all the rc~naining asscrs of the corporation,

ii any, have been distributed as provided in the Nonprofit Cornoration Law o f 1988; or

(ii) that the corporation has elected to proceed under Subchapter H and that any remaining assets o f the corporation will be distributed as pro\,idcd in that subchapter. (7) A statement that no actions or proceedings are

pending against the corporation in any court, or that adequate provision has been made for the satisfaction of any judgment o r decree that may be obtained against the corporation in each pending action or proceeding.

(8) A statement that notice of the winding-up proceedings o f the corporation was mailed by certified or registered mail to each known creditor and claimant and to each municipal corporation in which the registered office or principal place nf business of the corporation in this Commonwealth is located. [(b) Filing.-The articles of dissolution and the certificates

or statement required by section 139 (relating to tax clearance o i certain fundamental transaction\) shall be filcd in the Depart- ment o f State. See scction I34 (relating to docketing staterncnt).]

I * *

(b) Rights and assets.-Thc dissolution of a nonprofit corporation shall not affect thc limited liability o f a member o f the corporation thcrctofore existing with respect to transactions occurring o r acts or omissions done o r omitted in thc name of or bv the cor~ora t ion excel11 that, subiect to lsecrion 5998 (relatine

o f the unpaid liabilities of the corporation up to the amount of the net assets of thc corporation distributed to the tncmher in connection with the dissolution. Should any property right of a corporation hc discovered after the dissolution of the corporation, the surviving member or members of the board oidirecfors or other body that wound up the affairs of the corporation, or a receiver appointed by the court, shall have authority to eniorce thc property right and to collect and divide the assets so discovered among the persorls entitled thereto and to prosecute actions or proceedings in the corporate namc of the corporation. Any assets so collcctcd shall he distributcd and disposed of in accordance with the applicable order nf court, if any, otherwise in accordance with this subchapter

(c) Liability o f n1embers.-A member of a dissolved nonprofit corporation, the assets uf which were distributed under scction 5975(c) (relating to winding up and distribution) o r 5997 (relating to payments and distributions), shall not bc liable for any claim against the corporation in an amount in excess o f the mernbcr's pro rara share o f the claim or the amount so distributcd to tllc member, whichever is less. The aggregate liability o f any member of a dissolved corporation for claims against the dissolved corporation shall lint exceed the amount distributcd to the member in dissolution.

(d) Limitation o f actions.-A member of a dissolved corporation, the asscts o f which were distributed under section 5975(c) or 5997(a) through (c), shall not be liable for any claim against the corporation on uhich an action is not commenced prior to the expiration o f the period specified in subsection (a)(Z). 5 5985. 1.iquidating receiver.

Upon a hearing [and proof of the issues], after such notice as the court may direct to be given to all parties to the proceeding, and to any other parties in interest designated by the court, the court may appoint a liquidating receiver with authority to collect the asscts of the corporation[, including all amounts ouing to the corporation by mcmbers on account o f any unpaid portion of the consideration for menihrr-\hips. S u c h l a liquidating receiver \hall have authority, subjecl to thc order o i the court, tu dispose of all or an) part ol tht! ahsets of the cnrporation wherever sit- w, either at public o r private sale. The assets of the corpora-


tion, or the proceeds resulting from a disposition thereof, shall be applied to the expenses of [such] liquidation and to tlie payment of the liabilities of the corporation, and any remaining assets o r oroceeds shall be distributed hv the coltrt in Lhe manncr ~, ~~~~ - - - ~ provided by [Subchapter F (relating to voluntary dissolution and

shall state hi$ Dower$ and duties. ISuchl The Dowers and duties may be increaied o r diminished at-any t-imediring the procced- ings. A receiver of a corporation appointed undcr this section shall have authority to sue and defend in all courts in his own name as receiver of [such] corporation. The court appointing [such receiver may issue writs in favor of such receiver to the sheriff of any county in this Commonwealth for service.] & receiver shall ~~ have exclusive jurisdiction of the corporation and its property wherever situated.

SUBCHAPTER H POSTDISSOLUTION [CLAIMS] PROVISION FOR LIABILITIES

5 5991. [ ~ e f i n i t i o n o f successor cntity] Definitions. IAs used in this subchanter. the term "succcssor entitv"

other jurisdiction to which the rmmaining assets of a dissolved nonprofit corporation are transferred subiccr ro its liabilities and

-

(b) Unrnatured contractual claims.-The corporation or successor entity clecting to follow the procedures specified in [subsection (a)] this subchapter shall also give notice of the dissolution of the corporation to persons with contractual claims con- tingcnt upon the occurrence o r nonoccurrclice o f future events or k otherwise conditional or ilnmaturcd and shall request that such persons present their claims in accordance wit11 tlie tcrIi1s of thc notice. The notice shall be in substantially the form specified in subsection (a).

(c) Publication and servicc of notices.- ( I ) The notices rcqoired by this scction shall be orfi-

c ia l ly~~i lbl ished at least oricc a week for two consecutive weeks.

(2) Concurrently with or preccdinp the publication, the corporation or successor entity shall [mail] \end a copy of the noticc by [registcred or] certified or repistercd mail, return 't

receipt requested, ro caclm [known claimant o f the corpora- -

(i) known creditor or claimant: (ii) holder of a claim described in s o b s c c t i m

and

(a) Notice.-A di\solved r~onprofit corporation or successor entity nmay reject, in whole or in part, any natured claim ,made by a claimant porsuant to section 5992 (relatitiy_ to notice to claimants) by [mailing] iending noticc of tlie rejection by [registcred or] certified or registcred mail, return receipt reqoestcd, to thc claimant nithin 90 days after receipt o l thc c l a i i ~ ~ and, in all esrents. at least 30 days before the ex~~i ra t ion of the two-year

which exists solely for the purposes o f prosecutii~g and defending actions, by o r against the corporation, enabling rhe corporation to settle and close its business, to dispose o f and convey the property of the corporation, to discharge the liabilities o f the corporation, and to distribute to tlie tnembers o f the corporalion any remaining assets, but not for the purposc of continuing ths busi- ners for which the corporation was incorporated. 5 5992. Notice to claimants.

(a) General rule.-Aftcr a nonprofit corporation elected to proceed under this subchapter has been dissolved in accordance with [the procedures set forth in this chapter] + 5977 (relating to articles of dissolution), the corporation or any successor entity [may] +J give notice o f the dissolution request ing all persons having a claim against the corporation lo present their claims against the corporation in accordance with tlme notice. The notice shall state:

( I ) That all claims must be presented in writing and must contain sufficient information reasonably to inform the corporation o r successor enlity o f the identity o f the claimant and the substance of the claim.

( 2 ) The mailing address ro which a claim must be scnt, (3) The [date by which a claim must be received by the

corporation o r successor entity, which date] deadline, uhich shall be not less than 60 days after the datc the notice is given[.], by which the corporation or successor cntity mu\[ receive theclaim.

(4) That the clairn will be barred i f not receibed by the deadline. -

[(4)] (5) That the corporation or a successor entitv ma) make distribution to other claimants and the members of the corporation o r persons interested as having been ruch brithout further notice to the claimant.

period specified in section 597Y(a)(2) (refatiny to surbival of rime- dies and rights aftcr dissolution), A noticc scrir pursuant ro this section shall include or be acconipanicd by a copy of this sub^ chapter and o f scction 5979.

(b) Claims barred.-A claim against a dissol\cd corporation is barred i f a claimant whosc claim is rejected by the di~solved corporlltior o r successor entity iloes not comlllence an action in tlic court to enforce the claim \ v i t l i i l ~ Y O days after imli~ilitig of the rejection noticc. 9 5994. Disposition olonnmaturcd clain~s.

(a) Contractual claims.-1-he dissolved nonprofit corporation or successor entity shall offer all). claimant whosc contrac- t+ claim made pursuant to section 5992 (relating to notice lo clainiat~ls) is contingent. col~ditional or utir~iatured, ~ ~ l c l i security as the corporation 0 1 ruccccsor entity d c t c r ~ ~ ~ i l ~ e s i \ sofficient ro probide compensation to the claimant if the claim ~i i ;~turc\ . The corporation or successor cntity shall [ n ~ ~ ~ i l ] \end the o f l e ~ I,, tlme claimant by [rcgistcrcd or] certified or regirlelud mail, ruturll 't

receipt ruqoestcd, within YO day\ alter rvccipt of thc claini and, in ail events, 31 least 30 day? before the crpiration of the t\ro~ycar period specified in section 5979(a)(2) (relating to o ~ v i \ ~ l o f icrnc- dies and righti aftcr dis\olution). A inoticu icnr purio:int to thih scciioti shall include or bc ;lcconlpanicd hy a cop) o l illis w h - chapter and o f section 5970. I f thc clailiiant ollereil thc security doe\ not deliver to rhc corporation or \ ~ l c c t \ \ ~ l . cnrit> :I written nolicc rejecting tlic olfer vithin 60 day, alter ~ililtlin$ o l t h e o l k r for security, the claimant sholl he deemed to lh;~\c :~~.cuptcd tl lu

securiry a the sirlc \nuicc frorii uhich to \atisl'! hi\ c l a i ~ ~ i a ~ a i n , ~ thecorpor;~t ion

(hJ 01hcr cI i~i~i i \ . - I :xq~t ;I\ proiiilcd i l l icelion 5097(d) ~- .~ (relati~ig to li:~l,iIity (11' dircctcl~r). 1111. h<,ldcl 0 1 . 1 1 l i t ~ t l ~ e r ~ l a i c ~ ~

~ ... . ~ ----

LUILl l . - (i) The name of the corporation. (ii) The address, including street and number, if

any, of the person who executed the application. * * *


(d) Annual renewal.-A person who has in effect a registration of a corporate name may renew the registration from year to year by annually filing an application for renewal setting forth the facts required to be set forth in an original application for registration. A renewal application may be filed between October I and December 31 in each year and shall extend the registration for the following calendar year.

[(c)] (d) Cross references.-See sections 134 (relating to docketing statement) and 8514 (relating to execution of certificates). 5 8708. Taxation of electing partnerships.

For the purposes of the imposition by the Commonwealth or any political subdivision of any tax or license fee on or with respect to any property, privilege, transaction, subject or occupa- tion, a partnership as to which an election under this chapter is in effect shall be deemed to be a corporation organized and existing under Subpart B of Part 11 (relating to business corporations).


4 Amend Sec. 103, page 30, by inserting between lines 13 and 14

5 502. Certain additions to register. (a) [Corporations.-] Corporation names.-

(I) A domestic corporation not-for-profit incorporated priorto May 16, 1923 may register its name with the depart- men1 under this chapter by effecting the filing specified in 15 Pa.C.S. 5 531 1 (relating to filing of certificate of summary of record by certain corporations).

(2) Any person who is not eligible to make a filing under 15 Pa.C.S. 5 4131 (relating to registration of name) or 6131 (relating to registration of name) may register a corporation name with the department by filing an application for registration of name, executed by the person, which shall set 0--.L.

Will the Houqe agree to the amendments?

The SPEAKER. On that question, the Chair recognizes Mr Coy.

tinue the business of the partnership or to appoint one or more replacement general partners following an event of withdrawal by a sole remaining general partner will not cause the partnership to have the characteristic of continuity of life. The Governor shall issue such proclamation upon being furnished with a copy of a ruling by the Internal Revenue Service to that, or similar, effect.

b

The proclamation shall also state the s~~spension of 15 Pa.C.S. 5 8103 shall be lifted, and that the section shall be deemed effective, as of the date of publication of the proclamation.


7 Amend Sec. 202, page 32, line 18, by inserting before "The"

(a) Amend Sec. 202, page 32, lines 19 through 22, by striking out

", the amendment of the" in linc 19, all of lines 20 and 21 and b "continuation of certain limited partnerships)" in line 22

Amend Sec. 202, page 32, by inserting between lines 23 and 24 (b) Theamendment of the definition of "distribution"in 15

Pa.C.S. 5 1103 (relating to definitions) and 5 1504(d) (relating to amendment of voting provisions) shall be retroactive to October 1, 1989.


8

On Lheouestioll.

Mr. COY. Thank you, Mr. Speaker. These amendments to SB I083 which I have circulated

reinsert a number of provisions involving the processing of corporations and other similar business entities by the Depart- ment o f State. These provisions were omitted from the bill when we reverted to a prior printer's number to eliminate pro-

[(d)] (e) cross reference.-see 15 Pa.C.S. $ 134 re la tin^ to I visions involvinglimited liability for companies docketing statement).

Amend Sec. 201, page 31, line 8, by striking our "201" and inserting

5

1 ask for an affirmative vote for this amendment. Thank you, Mr. Spcaker.

The SPEAKER. The Chair recognizes the gentleman, Mr.

Amend Sec. 201, page 32, by inserting between lines 14 and 15 Section 106 of the act o l December 21, 1988 (P.L.1444,

No. 177), known as the General Association Act of 1988. Section 403 of the act of December 19, 1990 (P.L.834,

No.198), known as the GAA Amendments Act of 1990. Amend Sec. 201, page 32, line 15, by inserting after "$5"

1952(e) (relating to restrictions on certain distribu. tions),

Amend Sec. 201, page 32, line 15, by striking out "related" and inserting

relating Amend Set, 201, page 32, line 16, by str iking out a l l of said

line and inserting 5998 (relating to liability of members).

Amend Bill, page 32, by inserting between lines 16 and 17 Section 6. Suspension.

15 Pa.C.S. 5 8103 (relating to continuation of certain limited partnerships) is suspended retroactive to December 19, 1990. The suspension of that section shall continue until such time, if any, as the Governor publishes a proclamation in the Pennsylvania Bulletin stating that the Governor has found that the Internal Revenue Service has published a revenue ruling to the effect that a provision of State law, a certificate of limited partnership or a partnership agreement that permits not less than a majority in interest of the partners of a limited partnership to elect to con-

Mr. LLOYD. Thank you, Mr. Speaker. Mr. Speaker, I would like to ask the gentleman, Mr. Coy,

somequestionson interrogation, The SPEAKER. The gentleman indicates that he is willing

to be interrogated. The gentleman may proceed.

Mr. LLOYD. One question, Mr. Speaker. In the explanation, you indicated that you were putting things back in the bill which had been omitted when there was a rcversion. Does this amendment put back into the bill any o f the provisions dealing with limited liability companies? t

Mr. COY. Could we be at ease for a moment, Mr. Speaker? Just one moment.

Mr. Speaker? The SPEAKER. The gentleman is in order. Mr. COY. Thank you. I believe the answer to the question is no, hlr. 1.LOYD:rhank you, M r . Speaker. The SPEAKER. TheChair recognizes Mr. Noye.


.. .. , . ~~

attention. I apologize. amendment.

BI1.L PASSED OVER TEMPORARILY Mr. Speaker, 1 plead with the members that they should be

o u ~ o s e d to this amendment. It is a had amendment. it is not

Mr. NOYE. I apologize to the Speaker. I just got here and got into this discussion.

This bill, SB 1083, is marked incorrectly on the calendar. We have not had a chance to caucus on it, and I apologize for that. 1 did not catch it. That is the first that 1 have seen that we were going to run it. It was not on the voting schedule for today on the list that was printed and distributed. 1 do not knnw hnw vnu want t o disnose of this, but I bring that to your

The SPEAKER. SB 1083 will be over temporarily pending a conversation among the leadership about the schedule.

that are on middle income, a lot of people have stopped buying their newspapers every day because they cannot afford it.

What this amendment would d o would provide a tremendous economic burden on a newspaper, and guess what is going to happen? They are going to pass their costs on to the customers. The price of a newspaper is going to go up, and quite frankly, I think it is impractical for us to approve this

The House proceeded to third consideration of SB 88, P N 1328, entitled:

An Act amending the act of May 13, 1915 (P. L. 286, No. 177). entitled, as amended, "Child L.abor Law," reducing minimum age requirements of minor\ who sell newspapers or merchandise in public places.

On the question, Will the House agree t o the bill on third consideration? Mr. STRITTMATTER offered the following amendments

No. A4121:

Amend Title, page I, line 23, by striking out "reducing minimum age requirements of" and inserting

further providing for

. . . . . .~ . . ~ ~ ~

needed, and I urge you to defeat this amendment. The SPEAKER. The Chair recognizes Mr. Pistella. Mr. PISTELLA. Thank you, Mr. Sueaker. Mr. Speaker, 1 was wondering if the sponsor of this amend-

ment would stand for a brief interrogation. The SPEAKER. The gentleman indicates that he will. The

gentleman may proceed. Mr. PISTELLA. Thank you. Mr. Speaker, I was listening to your explanation and 1

wanted to make sure that I did understand what you were saying. Did I understand you to say, sir, that the current practice is for newspapers to have their newspaper carriers pay for the workmen's compensation premiums themselves?

Mr. STRITTMATTER. It is my understanding that the practice is now that they treat the children as independent

1 contractors and they provide for another company to sell them workers' compensation policirq

Amend Sec. 1 (Sec. 7 ) , page 2. line 5 . by inserting after I PISTELLA: To sell the workers' compensa. . ..

On the question, Will the House aeree Lo the amendments?

"place.' For purposes of workers, any minor eleven years

any newspaper, magazine, periodical, or other publication in any street or public place shall he deemed an employe of the Person for whom the sale, exposure or olfer for sale is made.

. ~~~ ~

The SPEAKER. On that question, the Chair recognizes Mr. Strittmatter.

Mr. STRITTMATTER. Thank you, Mr. Speaker. This amendment A4121 would provide that children news-

paper carriers would he treated as employees for workers' compensation purposes. Now the children are required to purchase their own workers' comp policies.

While discussing the pros and cons of reducing the age requirements from 12 years to l l years and from 6 a.m. to 5 a.m. with my constituents, it was brought to my attention that the practice of having the children pay for their own workers' compensation coverage exists. They asked that I try t o change this practice.

With this amendment, chiidren newspaper carriers would be treated as employees for workers' compensation purposes. 1 would ask for an affirmative vote. Thank you.

The SPEAKER. The Chair recognizes Mr. Culafclla. Mr. COI-AFELLA. Mr. Speaker, this is a very, very bad

amendment. First of all, senior citizens today in my district tell me that they cannot afford a newspaper every d a y People

tion policy, Mr. Speaker? To the newspaper carrier or to the

n e w s ~ a ~ e r ? Mr. STRITTMATTER. It is my understanding that the

way the law is right now, they Lire not treatcd as employees, and in that way, the newspapers do not pay for that coverage.

Mr. PISTELLA. The newspapers do not pay for the coverage. Is that what you are saying'?

Mr. STRITTMATTER. Yes. Mr. PISTELLA. I am having a difficult time hearing with

the background noise, Mr. Speaker. I apologize. The SPEAKER. Will the gentleman suspend. On behalf of the members who are anxious to complete

today's work and who are currently in their seats, the Chair would request that the other members please leave the aisles and keep quiet so we can move along with the business.

The gentleman, Mr. Pistella, please proceed. Mr. PISTELLA. Thank you. Mr. Speaker, your answer to that question was that they are

contract employees, but did you say that the paper has the responsibility for paying for the premium?

Mr. STRITTMATTER. No. Mr. PISTELLA. No. May I ask, Mr. Speaker, then who

does have the responsibility of paying for the premium? Mr. STRITTMATTER. It would be the children or their

parents. Mr. PISTELLA. The child or the parent has the responsi-

bility of paying the workmen's compensation premium under the current law.

Will the House agree to the amendments? The following roll call was recorded:

1890 LEGISLATIVE

Mr. STRITTMATTER. If they wish to have that coverage, yes.

Mr. PISTELLA. Okay. Thank you very much, Mr. Speaker. If I may speak on the amendment.

The SPEAKER. The gentleman is in order. Mr. PISTELLA. Thank you. This may appear, Mr. Speaker, to be rather innocuous in a

very well-meaning amendment that is being offered by the Representative today, and I really have no grounds to disagree upon either basis. There is, however, a larger question that is raised, and that is a social policy issue of how this Common- wealth will deal with contract employees and how in turn contract employees will be dealt with in workers' compensation premiums and their coverage.

Now, all of you know that we have been discussing for some time now the issue of workmen's compensation reform. As well meaning as the Representative is in offering this, 1 would suggest that we tread the fine line of establishing a legal precedent as to how workmen's compensation premiums and contract employees will be dealt with. It may cut against the very grain of what we are attempting to resolve in the overall issue of workmen's compensation reform.

No one has ever questioned the integrity of the Representa- tive in offering this amendment or his intentions, but 1 think what we might be doing in the form of an unintended social policy is setting a precedent that is best covered and best handled in the larger field of looking at workmen's compensation reform altogether. I would suggest that we defeat this amendment. Thank you.

The SPEAKER. The Chair recognizes Mr. Strittmatter. Mr. STRITTMATTER. Thank you, Mr. Speaker. In response to Representative Pistella, I would point out to

the members that all we are talking about is children. You know, we d o have separate labor laws dealing with child labor laws, and that is what this is talking about. The independent contractor status for anyone that has reached an age of majority, for adults, would not be changed. This would only be taking care of children that choose to be employed. Thank YOU.

The SPEAKER. The Chair recognizes Mr. Colafella. Mr. COLAFELLA. Mr. Speaker, in the city of Pittsburgh

we no longer have a newspaper now because they had a very difficult time publishing a newspaper because of their fixed costs. This particular amendment will cause tremendous ecc- nomic burden for other newspapers, and what we are going to see arevery few newspapers in this State.

When people are screaming in this country that people ought to read more, this is one effort to stop people from reading more. I urge you to defeat this amendment.

On the question recurring,

The Chair recognizes Mr. Tigue. Mr. TIGUE. Thank vou. Mr. Soeaker


ArmLtionp Freind Markoiek Snyder, G. Barley Gallen Mayernik Steclmao Black Gannon Micarric Boyes

Slrittmattcr Geist Nahill Sturla

Brown (;od\hall Nailor Taylor, E. Z. Bunt Gruppo Nick01 Taylor, J . Crssar Hagarty Noye Tigue Chadwick Hayes Nyce Tomlinsan Civera Herman O'Bricn Uliana Clark Hcrshey Pitts Vance Cornell Heir Raymond D,,t

Wogan Jadlowiec Reber Wright. M. N.

Durham Johnson Reinard Kenney Ryan D'Donnell,

Fargo King Schuler Speaker Farmer Krusrewski Semntel

NAYS-I I8

ize:",on Davics I.aule5s Robinsotl Dempsey 1.ee Roebuck

~ ~ ~ ~ l d Ucrmody Leh Kudy Bartisro Donatucci 1.esco~itz Saloom

Evans Levdansky Saurman Belfanti r a j t Linton Scheetz ~ i ~ ~ ~ l i ~ Fee Lloyd Scrimenti B i ~ h o p George Lucyk Staback

Gerlach McCall Stairs Bowley Gigliotti MrGcehan Sfeighner Broujos Gladeck McNally Sletler Bush Cruitra Marsico Stish BUtkOVi" Haluska Melio Stuban Caltagironr Harley Merry Surra cappabianca H~~~~~ Michlovic Tangrefti Carlson Hasay Mihalich Taylor, F.

Hayden Mundy Telck Caronc Heckler Olasr Thomas c,,iey Hughes Oliver Trello Clymer ltkin Pcsci Trich Cohen James Petrarca Tulli Colafrlla Jarolin Pctrone Van Horne C o l a i r ~ o Josephs Phillips Veon Cole Kaiser Piccola Vroon

Kasunic Pistella Wambach Cowell Kosinski Preston Williams

Krebr Richardson Willon DeLuca Kukavich Ricger Worniak DeWeese I.aGrotta Killer Wright. D. R. Daley I.aughlin

NOT VOTING-4

Gamble Hanna Murphy Perzcl

EXCUSED-2

Mrkonic

The question was determined in the negative, and the amendments were not agreed to.

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

T , , ~ s ~ E ~ ~ ~ ~ , This bill has considered on three dif. ferent days and agreed to and is now on final passage.

The question is, shall the bill pass finally?

YEAS-77 I Mr. Speaker, this is i bill the p;ovisions of which we talked

Adolph Fleagle Langtry Serafini Allen Flick McHale Smilh, 0. Angstadt Foster McHugh Smith, S. H. Argall Freeman Maiale Snyder, D. W.

about before. t I stand to oppose this bill. The Education Committee and

the education community have been studying the effects of

1992 LEGISLATIVE

children working long hours and not being allowed or given the proper rest and time in which they should do their academic preparations. Now we have before us a bill which would allow 11-year-olds-that is right, I I-year-olds-to wander the streets at 5 o'clock in the morning. So what we are doing is we are increasing the number of hours that a child 11 years old will be up in the morning and out to work before they get to school.

Most school districts have a bus schedule where the senior high students go in to school first, then the junior high, then the elementary school. Eleven-year-olds are in the elementary school. The time they would have to get up in the morning to deliver papers at 5 o'clock would be at least 4:30 in the morning. They would then deliver papers at 5 o'clock. Most elementary schools begin school at 9 o'clock. So that child is now up from 4:30 in the morning before they get to school at 9 o'clock so that someone can save pennies by not properly paying someone to deliver newspapers.

This is ridiculous, and anyone who voles for this is not interested in the health, welfare, or academic success of children. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes Mr. Noye. Mr. NOYE. Thank you, Mr. Speaker. I rise to join my colleague in opposing this bill. This is abso-

lutely mind boggling to me that we would even come back on this bill a second time after we had put it o f f the first time. We are talking about 1 I-year-old children.

Last year, for those of you who do not know or do not remember. I had an 11-year-old boy hit by a vehicle, my son, in broad daylight in the middle of a small town. We are now going to ask and allow 11-year-olds t o go out on the street at 5 a.m. in the morning, in the dark, crossing streets to deliver newspapers? This just does not make any sense whatsoever.

Mr. Speaker, I do no! know how many of you ha\ ,ean 1 1 year-old child, but let me tell you, 1 do not care how mature he may be, all 11-year-old children have an attention span of about that long when it comes to thinking about what they are doing next and particularly on the question of crossing streets.

Do not, please, do not put I I-year-old kids on the street at 5 a.m. in the morning when it is pitch dark for the purposes of delivering newspapers. This is just absolutely ludicrous. Pleasevote "no" on the bill. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes Mr. Colafella. Mr. COLAFELLA. Mr. Speaker, first of 811, 1 feel very

badly about what happened to Representative Noye's son, but let me just say this, that practically every study that has ever been done, believe it or not, youngsters, kids who delivcr nerr,spapers, turn out to be successes in life. Whcn a young man determines that he is going to sell newspapers or deliver newspapers at a very early age, let me tell you something: That young man or young woman is going to be a success in life.

Representative Frank 1.aGrotta was delivering newspapers when he was 9 years old. Okay? Look at him. He does not look that good.

I

JOURNAL-HOUSE 1891

But anyway, this is a very good piece of legislation. It means a great deal t o newspapers because they are having a difficult time finding young kids to deliver newspapers, and I am sure that the people who own newspapers are concerned about the health and safety of young children.

I urge you very much to support this bill. It is a bill that is needed by the newspaper industry, and 1 think it is a good bill. Thank you very much.

The SPEAKER. The Chair recognizes Mr. Broujos. Mr. BROUJOS. I rise in support o f this bill. This bill recog-

nizes a great American tradition - the newsboy that sells newspapers and goes door to door early in the morning and late at night. We have the parents of these children that are going to look after them. They are going to make sure that the conditions under which they work are good. They are going to make sure that they are going to be up and out and in secure areas. You have newspaper companies that have a great reputation Tor taking care of these young men and women, recog- nizing what they have done. They are companies that are going to he sure that theconditions under which they work are safe.

This t o me is one of the great American traditions and one OF the great opportunities for youth to learn free enterprise, capitalism, business, saving money, working hard. This is an American institution we are talking about, and 1 ask the House to support this bill strongly.

The SPEAKER. The Chair recognizes Mr. Corrigan. Mr. CORRIGAN. Thank you, Mr. Speaker. I rise to oppose this bill for some of the reasons stated. I

think Mr. Tigue and Mr. Noye stated i t correctly, and I join those two gentlemen.

The SPEAKER. The Chair recognizes Mr. Serafini. Mr. SERAFINI. Mr. Speaker, it is time to free the slaves.

We cannot make slaves out of our young children because newspapers want to reap a harvest and line their pockets with gold. It is time we protected our young children from the abuses that our printers want to go through to let our young children sacrifice their lives so that they can make more money.

11 is obviously not safe to put a child on the street at 4:30 in the morning. Ask how many newspaper owners put their children out on the street t o deliver papers at that time. Probably none.

it is time we stood up to the abuses of the press and the abuses that they are trying to perpetrate on our young children and vote against this stupid, ridiculous piece of horrendous legislation.

The SPEAKER. The Chair recognizes Mr. Jarolin. Mr. JAROLIN. Thank you, Mr. Speaker. You know, this particular piece of legislation wouldproba-

bly go a long way if it meant only on a Saturday and a Sunday when a parent could accompany this kid. But I am going to tell you, when somebody is our there at 4:30 o r 5 o'clock in !he morning, how are they going to be controlled? You know yourself there are so many people that will not let their children out aftcr dark if they are 20 years old and they have been

I am sure anyone in their right mind would find, quitc frankly, abhorrent. But there is another issue that this legisla. tion attempts to address, and that is the issue of the distribution of newspapers and magazines around this State.

We have witnessed in our own generation of legislators here in this Assembly the change that has taken place technologically in the ability to produce printed material, to print it and to circulate it literally overnight. There is a distinct difference between how newspapers will be operating with the advent of instruments such as U.S.A. Today, that newspaper, and many of the newspapers that we have back in our own districts, and when you take a look at this issue, you find this issue of newspaper distribution manifesting itself in the scene that is being played out in the city of Pittsburgh right now.

One of the main issues that is at stake is the distribution of two daily newspapers and one Sunday newspaper in the city of Pittsburgh, a major metropolitan area. That is the issue that this legislation is attempting to address. We are attempting to address the ability of our newspapers to very economically distribute their product to our constituents.

Now, I know there are some people that probably find that practice very difficult and may not want to support it. But I think you should set aside some of the inflammatory rhetoric that has been thrown around today about child labor, because many members of this General Assembly have stood up and said, when it comes to personal values, we should let it stay at home. When it comes to the education of our children, we should keep it at home. When we talk about a number of other subjects, let the decision be made at home. This is another one of those decisions, Mr. Speaker, that if your constituents and my constituents do not think it is safe for an 11- year-old to go out at 4:30 in the morning, I guarantee you, a! sure as we are sitting here, that kid will not be out on the streel hawking newspapers at 4:30 in the morning.


harassed. Now we are talking about an Il-year-old kid out on the street.

I oppose this legislation. I hope you vote it down. The SPEAKER. The Chair recognizes Mr. Heckler. Mr. HECKLER. Thank you, Mr. Speaker. I would urge the enactment of this legislation. I have heard

the term "slavery" thrown around here. What we are missing is the fact that this simply enables those children and their parents who are willing to participate in the paper delivery at that hour of the morning and at that age to do so if they want to. None of this enables newspapers to send out press gangs and take unwilling children against their parents' wishes and press them into service delivering papers. We are simply letting the families of these children make the decision whether or not they will be engaged in this activity at the age of I I and at that hour of the morning.

This intrudes in no way on the fair and free choice of those families, and I would urge the enactment of the legislation.

The SPEAKER. The Chair recognizes Mr. Pistella. Mr. PISTELLA. Thank you, Mr. Speaker. Mr. Speaker, 1 realize that the discussion on this legislation

has gone quite far afield, and I realize that there are many members that have sooken about oractices of child labor that

Gannon George Gcrlach Gigliotti Gladeck Haluska Hanna Harper Ha\ay Heckler Hershey ltkin Josephs Kaiser Kasunic Kenney Kosiniki Krurzewskj Kukovich LaGrotta Langtry Laughlin Lawless

Corrigan COY Dcnlpsey Fargo Flick Foster Freeman Geirt Fodrhail Gruitra Gruppo Hagarty Harley Hayden Hakes Herman Hess Jadlowiec James Johnson

I would suggest that we support SB 88 in this form and realize the impact that this has on a number of jobs that go beyond whether or not the kid down the street is going to be hawking newspapers at 5 o'clock in the morning. Thank you.

The SPEAKER. The Chair recognizes Mr. Melio. '.t

Mr. MELIO. Thank you, Mr. Speaker. I just want to urge my colleagues on the floor of the House

to remember that you are sending these youngsters out on the street a t the same time the garbage in my district is picked up for delivery, and I would not want them both in the dark at the same time and the same place. So I urge a "no" vote. Thank you.

On the question recurring, Shall thebill pass finally? The SPEAKER, Agreeable to the provisions of the Consti-

tution, the yeas and nays will now be taken.

YEAS-117

Acosta Farmer I.ce Scheea Argall Fee Leh Schuler

Lcscovitz Scrimenti Freind Levdansky Semmel

~ ~ l ~ ~ d i Gallen ~ l o y d Smith, S. H . Belfanti Gamble Lucyk Snvder. D. W.

1

Mccall McGeehan McHugh hlcNally hlarkosek Merry Michlovic Micozrie Murphy O'Hrirn Olasz Oliver Petrarco Petrone Piccala Pistella Preston Reber Richardson Rieger Roebuck Rudy Saurman

NAYS-76

King Krebs t.inton McHale Marsico Maycrnik Melio Mihalich Mundy Nahill Nailar Nickol Noyc N yce Perzel Peici Phillips Pitti Raymond

Biimelin Blaum Hroujoi Caltagirane Cawley Cessar Chadwick Clymer Colafella Colaizro Cole Cornell Ca8,ell DeLuca DeWcrre Daley Davies Dent Dermody Donatucci Durham Evans Fairchild Fajt

Adolph Allen Anderson Angstadt Arnold Barley Bishop Black Bowley Hoyes Bunt Bush Butka\itz Cappabianca Carlson Carn Carone Civera Clark Cahen

staback Steighner Stetlcr Stish Stuban Sturla Surra Tangretti Taylor, E. Z. Taylor, F. Taylor, 1. Thoma? Tamlinsan Trello Tulli Van Horne Veon Wambach Wilson Wogan Worniak Wright. D. R. Wright. M. N.

Reinard Ritti'r Robinson Ryan Saloom Seralini Snyder, ti. Stairs Steclman Strillmatter Telck Tigue Trich Uliana Vance Vroan

O'Donncll. Speaker

1992 LEGISLATIVE

NOT VOTING-6

Smith. B. Williams Brown Jarolin Hughes Maiale

EXCUSED-2

Billow Mrkonic

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

Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.

The SPEAKER. For what purpose does thegentleman, Mr. Gerlach, rise?

Mr. GERLACH. Mr. Speaker, I would like to make a motion, if I can at this point, to have HB 1721 removed from the tabled bill calendar for immediate consideration.

The SPEAKER. The gentlelllan is not in order at this point. Such a motion would be in order to take that matter from the table for consideration at the close of consideration of House resolutions.

Mr. GERLACH. Okay. Thank you, Mr. Speaker.

* * *

The House proceeded to third consideration of SB 275, PN 2588, entitled:

An Act amending the act of March 1, 1988 (P. L. 82, No. 16). entitled "Pennsylvania Infrastructure Investment Authority Act," extending the act tu include storm water projects.

On the question, Will the House agree to the bill on third consideration? Mr. BOYES offered the following amendment No. A4029:

Amend Sec. 5 (Sec. lo), page 10, by inserting between lines 18 and 19 This paragraph shall not apply to a project located in a municipality which has enacted a storm water management ordinance that requires land owners and any person engaged in the altera- tion or development of land to implement measures to ensure that the maximum rate of storm water runoff is no greater after the development than ~ r i o r to development activities or to manage the quantity, velocity and direction of resulting storm water runoff in a manner which otherwise adequately protects the h~ by the Storm Water Managemerit Act.

On thequestion, Will the House agree to the amendment?

The SPEAKER. On that question, the Chair recognizes Mr. Boyes.

Mr. BOYES. Thank you very much, Mr. Speaker. The amendment that 1 am proposing to SB 275 makes eligi-

ble those projects in counties that do not have a storm water plan.

It is my understanding, Mr. Speaker, that there are approx- imately about 23 counties now that have in place a storm water plan. In the counties that do not have it, the municipalities are not eligible for consideration under PENNVEST funding to make an application for a grant. My amendment

JOURNAL-HOUSE 1893

will make those municipalities that have a storm water ordinance in place and enacted eligible to apply for PENNVEST funding.

On the question recurring, Will the Houseagree to the amendment?

The following roll call was recorded:

YEAS-190

Evans 1,aGrotta Rudy ;zih Fairchild Langtry Ryan AI I~ , , Fajt Laughlin Saloom Anderson Fargo Lawless Saurman Angsradt Farmer Lec Schectz Argall Fee Leh Schulur Armitrong Fleagle Lescovitz Scrimenti Arnold Flick Levdansky Scrnmcl Barley roster Linton Serafini Battiitu rrceman Lloyd Smith, B. Belardi Freind lucyk Smith, S. H. Belfariti Callen McCall Snyder, U. W. Hirmelin Gaoible McCeehan Snyder, G. Biihop tiannon McHale Staback 'lack GUST McHugh Stairs Blaum George McNally Sterlrnan Bowley Ccrlach Markosek Steighner Boyes Gigliotti .Mvlarsico Stetler Brown Gladecl hlaycrnik Srish Bunt Godrhall Melio Slrirt~nattcr Bush Gruilrd Merr) Stuban Butkovilr t iruppo hlichlaiic Stuila Callagirone Haearis Micorric Surra Cappabianca Haluika h4undy Tangretli car lsan l ianoa bturphy Taylor. E. 2. Caronr Harley Nailor Taylor, F. Cawley Harper Nirkol Taylor. J. Cussar Hasay Noye Trlck Chadwick Hayden Nyce Thomas Civera Haye5 O'Rricn Tigue Clymcr Hcckler O l a s ~ Tomlinson Cohcn Herman Oliier Trello Col"cl'a Henhey Prlzel Trich Colairm Hei i Pesci Tulli Cole ltkir! Peliarca Uliana

Jadlowiec Petione Vancc co,,ipan J a m s Phillips Veon C ~ . ~ I I larolin Piccola Vroon Coy Johnson Pistella Wambach DeLuca Joseph? Pitts Williams DeWceie Kaihcr Prerton Wilson ['"ley Kasunic Raymond Wogan DaVieS Kelinc). Reber Worniak Dempiey King Reinard Wright, D. R .

Koainski Rieger Wright, M. N . Llcrrnody Krrbs Rittcr Donalucci Krusrewski Robinson O'Donnell, Durham Kukorirh Roebuck Speakcr

NAYS-3

Clark Mihalich Nahill

NOT VOTING-6

Brouio~ Hughes Kichardsan Van Hornc Carn Maiale

EXCUSED-2

Billow Mrkonic

The question was determined in the affirmative, and the was agreed to,

LEGISLATIVE JOURNAL-HOUSE NOVEMBER 18,

O n the question, Will the House agree t o the bill on third consideration as

amended? Bill a s amended was agreed to.

The SPEAKER. This bill has been considered on three different days a n d agreed t o a n d is now o n final passage.

T h e question is, shall the bill pass finally? Agreeable t o t h e provisions of the Constitution, the yeas

a n d nays will now b e taken.

Acosta Adolph Allen Anderson Angstadt Argall Armstrang Arnold Barley Battisro Belardi Belfanti Birmelin Bishop Black Blaum Buyes Braujas Brown Bunt Bush Butkovitz Caltagirone Cappabianca Carlson Carn Carone Cawley Cessar Chadwick Civcra Clark Clymer Cohen Colafella Colaizzo Cole Cornell Corrigan Cowell COY DeLuca DeWeesc Daley Davies Dempsey Dent Dermody Donatucci

Durham Lanptry Evans Laughlin Fairchild Lawless Fajt Leh Fargo Lescovitz Farmer I.evdansky Fee I.intun Fleagle Lloyd Flick Lucyk Foster McCall Freeman McGeehan Freind 2lcHale Gallen hlcHugh Gamble hlcNally Cannon blarkosek Geiit Mariico George Maycrnik Gerlach Melio Gigliotti Merry Gladeck Michlovic Gruit~a Micozzie Ciruppo ,Vundy Hazarty Murphy Haluska Nahill Hanna Nailor Harley Nickol Harper Noye Haiay Nyce Hayden O'Brien Hayes Olasz Heckler Oliver Herman Perrel Hershey Pesci Hess Petrarca ltkin Petrone Jadlowiec Phillips James Piccola Jaralin Pistella Johnroll Pitts Joiephs Prr,ton Kaiser Raymond Kasunic Reber Kenney Reinard King Richardmn Kosinski Riegcr Krebs Killer Krusrewski Robinson Kukovich Roebuck Lacrotla

NAYS-2

Mihalich N O T VOTING-5

Hughes Maialc

Rudy Ryan Saloum Schcctr Schuler Scrimenti Semmel Serafini Smith, 6 . Smith, S. H. Snyder, D. W. Snyder, ti. Staback Stairs Stcelman Sleighncr Sretler Stish Strittmatler Stuban Sturla Surra Tangretfi Taylor, E. %. Taylur, F . Taylor, 1. rclek Tiloma5 Tigue Tomlinson Trello Trich Tulli Uliana Van Hornr trance Veon Vroon Wambach Williams Wilson Wogan Wozniak Wright, D. R. Wrighl. C1. N .

O'l)onnell, Speaker

EXCUSED-2

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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 t o the Senate with the informalion tha t the House has passed the same with anlendmen1 in which the concurrence of the Senate is requested.

BILI. ON CONCURRENCE IN SENATE AMENDMENTS AS AMENDED

T h e House proceeded to consideration o f concurrence in Senate amendments t o the following HB 2216, PN 4209, as further amended by the House Rules Committee:

An Act amending theact of April 9, 1929 (P. L. 177, No. 175), known as "The Administrative Code of 1929." providing for the subtnission to the General Assembly of information relating to tax expenditures; transferring certain powers, duties, personnel, appropriations, equipment and other malerials from the Secre- tary of Revenue to the State Treasurer; imposing fees on certain nuclear facilities; further providing for powers of the Secretary of General Services, for the powers and duties o f the Environmental Quality Board, for certain contracts by the Secretary o f Trans- portation, for machinery, equipment, lands and buildings relatine to a i r ~ o r r s and for enemntion for certain convcvances: nro- viding for Department of Correclions capital projects; providing for storage and handling of propane gas and for voluntary contributions to the United States Olympic Committee; and making I -

O n the question, Will the House concur in Senate amendments a s amended

by the Rules Committee?

I RULES SUSPENDED

T h e SPEAKER. T h e Chair recognizes the gentleman, Mr. Cowell.

Mr. C O W E L L . Mr. Speaker, I move that the rules be suspended t o permit amendments lo H B 2216.

O n the question, Will Lhe House agree t o the motion?


YEAS-189

Acohta Falrchild La~ighlio Ryan Adolph Fajt Laulesr Salooni Allen Fargo l ell Scheet, Aodeison Fru I-C~COIIIL Schuler Angmdt FIcaglc Le\dani!.y Scrimenti At gall Flick I-inton Smmoiel Arrnilronp I.oiter Lloyd Srralln~ Arnold Fieernnn I.uc?h Smith, B. Barley lreind blcCall Smilh. 5. tl. IPaitisto tiallen McGeehao Snyder. D. W Belardi Gamble hlcHale S81ydcr. ti. Bellant> tiannon hlcNally Stuhach Birmriirl cirisl 2laiale 513115 Bishop (ieorgr hlarkosek Sreelman Black Grrlach hlarsico Sliiehnrr Blaurn Gieli~trz Ma~ulnjk Slellcr

1992 LEGISLATIVE

Boyri tiladeck Melio Stiah Broujor Godshall hlrrry Srrittmarrrr Brown Gruiiza Michlavic Stuban Bunt Gruppo Miuo~zie Srurla

Mihalich Suira Bush Hagarty Mund, Tangretti Butkovilz Haluska Murphy Taylor. L . Z. Callagirone Hanna Nahill Cappabianca Harley Taylor, F. Nailor Taylor, J. Carlsan Harper Nickal Tclek Hasay Caronc

Cawiey Hayden Noyc Thomas Tigue Chadwick Hayer Nycr

O l a i ~ Tomlmson Civera Heckler Oliver Trello Clark Herman Perzel Trich Clymzr Hershey Pesci Tillli Cohes Hughes

lfkin Petrarca Uliarla Colafella Prlronz Van Horne Jadlowiec Colairza Ph i l l i~ s Vancc Cole James Piccola Vcon Cornell Jarolin Pislclla Vroon Corrigan Johnson

Wambach Cawell Joscphs Pitls Williams Coy Kaiser Preston \t!ilson DeLuca Kasunic Raylnorld

Rcber Wogan DeWeesc Kenncy Keinard Wo,.niak Dale? King Richardron Wrighl, 1). R. 1)aviea Korinski

Wright, M. N. Dempsey Krebs Rieger Krurrrwski Kitter Dent Kukovich Kobinson O'Donnrll. Dermody LaCirotla Roebuck Spcaker Danalucci L ~ n g t r y Rudy Evans

NAYS-0

NOT VOTING- I0

Bowley Uurhsm Lee O'Brien Carn Farmer McHugh Saurman Cessar Hess

EXCUSED-2

Billow Mrkonic

A majority of the members elected t o the House having voted in the affirmative, the question was determined in the affirmative and the motion was agreed to.

On the question recurring, Will the House concur in Senate amendments as amended

by the Rules Committee? Mr. C0WEI.L offered the following amendment No.

A4195:


1994

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

'The SPEAKER. The Chair recognizes Mr. Cowell. Mr. COWELL. Thank you, Mr. Speaker. Mr. S ~ e a k f r , this hill was extensively amendcd in the

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

JOURNAL-HOUSE 1895


YEAS-192

Acosta Fairchild Langlry Roebuck Adolph Fajt Laughlin Rudy Allen Fargo Lar l fss Ryan Anderson Farmer Lce Saloom Angstadt Fee Leh Schee t~ Argall I'leaglc Lescovirr Schuler Armstrong Flick Lcvdaniky Scrimenti Amold Foster I.loyd Sco~mel Barley Frccman Lucyk Serafini Battislo Freind McCall Smith. B. Belardi Gallcn McCicelran Smith, S. H. Helfanti Gamblc McHale Snyder, D. W. Hir~nelin Cannon ClcNally Snyder. G. Hlach ticibt Maiale Staback Rlaum George Markvack Stairs Hnaley ticrlach Marsico Steelman Boye< Ciisliotti Mayernik Sreighner B~OLIIOS Cladcck Meliu Stetlei Hrou,n Godshall Merry Sliqh Hum Gruitza Michlovic Slrittmatter Hush Gruppo Micotrie Stubsn Balkorit? Hagarly Mihalich Stuila Caltagirone Huluska Mundy Surra Ca~pab ianca Hanila Murphy Tangretli Carlson Harley Nahill Taylor, C . Z. Carone Harper Nailor Taylor. F. Cawley Hasay Nickol Taylor, J Ceirar Haydrn Noyr 'Telek Chadwick Hayes Nycr l i gue Civrra Hcckler O'Brien Tarnlinsun Clark Herman Olasr Trellu Clymcr Hcrshcy Oliver Tiich Cohrn Hers Pcrzrl Tulli Colafrlla Hugtlcs Pesci Uliana Colailza ltkin Petrarca Van Home Cole Jadlowiec Prtrone Vance Corncll l a m a Phillips Vron Corrigan Jaroiin Piccola Vroon Cowell Johnrun Piitella Wambach

;zoca Joiephs Piits Williams Kaiser Preston Wilson

~,w,,,, Kasisnic Raymond Wogan Daley Kenncy Rrber Wozniak Dvviea King Rrinard Wright. D. R. Ikmpscy Rosinski Richardson Wright, M. N . I'mt Krebr Rieger Dsrnlody Krusiewrki Rltter O'Donnell, Danatucci Kukovich Robinson Spcaker Ilorham Latirotla

NAYS-0

NOT VOTING-7

Birhap Evanr McHugh Thomas Carn I.intoi~ Saurman

EXCUSED-2

Billow Mrkonic

The question was determined in the affirmative, and the amendment was agreed to.

Senate and in the House Rules Committee earlier this week. 1 have two technical a~nrrldmerrts to offer. The first one changes the date from 1993 t o 1994. 1 would urge the adoption of the amendnient.

Amend Sec 2 (Sec. 1105). page 9, line 6 . by striking out "XXX.1" and inserring -

X l l l l -

On thequestion, Will [he House concur in Senate amendments as amended? Mr. COWELL offered the following amendments No.

A4143:


T h e SPEAKER. O n t h e question, the Chair recognizes Mr. Cowell.

M r . C O W E L L . Mr. Speaker, the second amendment is also technical in nature. There was a n incorrect Roman numeral used in the bill, a n earlier version o f it. This makes a correction for that typographical er ror . I urge approval o f the amendment .

Amend Sec. 17. page 20, line 22, by striking out "XXX.1" and inserting

XI11.1

O n the question, Will t h e House agree t o the amendments?

On t h e question recurring, Will the House agree t o t h e amendments

NAY S-0

N O T VOTING-0

EXCUSED-2

Billow Mrkonlc +


Acosta Adolph Allen Anderson Angsladt Argall Armstrong Arnold Barley Battisto Belardi Belfanri Birmelin Bishop Black Blaum Bowley Boyes Broujos Brown Bun1 Bush Bulkavitz Caltaeirone ~appabianca Carlson Carn Carone Cawley Cessar Chadwick Civera Clark Clpmer Cohen Calafella Colaizzo Cole Cornell Corrigan Cowell COY DeLuca DeWecse Dale? Davies Denlpsey Dent Dermody Donatucci Durham

Evans Fairchild Fair Fargo Farmer Fee Fleaglc Flick Foster Freeman Freind Gallen Gamble Cannon Geirl George Gerlach Gigliolti Gladeck Godshall Gruitra Gruppo Hagarty Haluska Hanna Harley Harper Hasay Hayden Hayes Hecklcr Herman Hershe) Hess Hughes l lkin Jadlowiec lames Jarolin Johnson Josephi Kaiser Kasunic Kenncy King Kosinski Krebs Kruizew5ki Kukovich LaGrotla

Langtry Laughlin Lawless Lee Lch Lescavitr Lcvdansky Lint on Lloyd Lucyk McCall McGeehan McHale McHugh McNally Maiale Markosek Marrico Mayernik Melio Merry Michluvic hlicorrie Mihalish Mundy Erluiphy Nahill Nailor Nick01 Noye Nyce O'Bricn Olas~ Oliver Perrcl Pesci Prtraica Pdronc Phillips Piccola Pistella Pill, Prssion Raymond Rcber Kcinard Richardson Kiegcr Ritler Robinson

Roebuck Rudy Ryan Saloom Saurman Scheet~ Schulei Scrimenti Scmmel Serafini Smith, U . Sniith, S. H . Snyder, D. \V Snyder, (;. Stabach Stairs Sreclman Sleighncr Sterlci Sfish Slrittmattcr Stuban Stuila Surra Tangretti Taylor, E. Z. Taylor, 1'. Taylor, J Telek Thomar Tieue

& ~

Tomlinion Trello Trich Tulii Uliana Van Horne Vance Vcon Vroon Wambach Williams Wilson Wogan Wozniak Wrighl. U. R . Wright, hl . N .

O'Dc?onell, Spcakcr

T h e question was determined in the affirmative, and the amendments were agreed to.

O n the question recurring, Will the House concur in Senate amendments as amended? Mr. S T U R L A offered the following amendments No.

A4147:

Amend Title, page I , lines 27 and 28, by striking out "for the powers and duties of the Environmental Quality Board."

Amend Bill. Daee 12. lines 14throueh 27. bv striking our all of . . . . . said lines


3 Amend Sec. 5, page 13, line 18, by striking out "5" and

inserting 4


< Amend Sec. 7, page IS, line 7 , by 5triking out "7" and insert-

ing 6


7

Amend Sec. 9, pagc 16, line 19, by striking out "9" and inserting

8 Amend Sec. 10. pagc 14, line I, by striking out "10" and

inserting 9

Amend Sec. 11, page 19, line 2, by striking out " 1 1 " and insr t ing

10 Amend Sec. 12, page 19, linc 20, by striking out "12" and

inserting I I ~ ~



inserting 13

Amend Sec. 15, pagc 20. line 9, hy striking out "15" atid inserting

14 Amend Sec. 16, page 20, line 13, by striking oul "16" arid

'Ir

inserting 15

Amend Scc. 17, pagc 20, line 17, by striking out "17" and inserting

I6 Amend Sec. 18, page 21, linr 2. by striking out "18" and

inserring 17

O n the question, \Jill the House agree l o the amendrncntr'!


The SPEAKER. On that question, the Chair recognizes Mr. I correct this to go back to what it was before; that is, this bill Sturla. attempts t o correct the problem and go back to what it was

Mr. STURLA. Mr. Speaker, essentially what this amend- originally as we set i t up in the statutes. What Mr. Sturla's ment does is retain the current Dowers of the Environmental amendment will do will force upon us the Commonwealth ~~~~~~~

Quality Board with regard to noncoal surface mining.

The SPEAKER. The further amendments that will be offered have already been circulated. They will be by Messrs. Lloyd, Heckler, and Murphy, so if anybody is seeking recognition on those amendments, please be alert.

Court's decision, and 1 believe that that is wrong. It does not help as far as the State is concerned. It certainly does not help the industry, and I would ask that we reject this amendment.

The SPEAKER. The Chair recognizes Mr. Schuler. Mr. SCHULER. Thank you, Mr. Speaker. Would the gentleman, the maker of the amendment, stand

The Chair recognizes Mr. Barley. Mr. BARLEY. Thank you, Mr. Speaker. I rise to oppose this amendment. I think essentially this

amendment is just a backdoor approach to zoning, and fur- rhermore, with these kinds o f issues such as a quarry, that really does not have an adverse effect on the environment, or if it does, it is generally minimal. I think also if you look at this, it is really a delay tactic, the whole process of inserting this back into the bill.

Now, if you also consider the regular DER (Department of Environmental Resources) review process and their Proce- dure, they would consider all the various parts and aspects that this would raise in their normal review Process, so again, it is like double work. Again, I come back to my original point. It is also a delay tactic for someone that is trying to locate a quarry in Pennsylvania.

I think furthermore a point t o make is that if in fact through the original review process the quarry location, the site, is found to be unsuitable, the permit would not be issued anyway. So I think we have all the safeguards built into the law today that we need to assure that the environment will be protected in a case that a quarry may be located or be proposed, and I just see absolutely no reason to put this double kind of language into the law. 1 think it is, again, totally and completely unnecessary, and I would urge a "no" vote on the amendment.

The SPEAKER. The Chair recognizes Mr. Fargo. Mr. FARGO. Thank you, Mr. Speaker. I would completely agree with Representative Barley's

concern here that this is really not necessary. I would also like to add that, really. the Pennsylvania legis-

lature has separate laws-and we have done that here in the legislature-separate laws regulating the nonc@al surface mining and the coal surface mining, and actually, in those separate laws, in the noncoal surface nlinings, this has never been a problem. However, through a Commonwealth Court decision, they chose lo apply some language which we have never had in the statutes to the noncoal mining that had always been applied to the coal mining people. It could have been appealed by the DER and was not. They chose not to attempt to change the Commonwealth Court's decision, cven though it was the Attorney General who was arguing the case at the time.

This bill merely seeks to correct that prohlem and make surc that there is no question but that the noncoal surface mining i \ not included in this, and actually, Mr. Sturla's amendment will change all that. We are merely trying to

for interrogation? The SPEAKER. The gentleman, Mr. Sturla, indicates he is

willing to be interrogated. The gentleman may proceed. M,. SCHULER. Thank you, Mr. Speaker. M,. Speaker, under H B 2216, am I correct that the people

would not have the ability t o petition the Environmental lit^ ~ o ~ ~ d if a quarry was going to be located in their area?

Mr. STURLA. Could the gentleman please repeat his question?

~h~ SPEAKER. is the gentleman asking about HB 2216 or the amendment?

M,. SCHULER. The but I am getting up to that, M ~ . speaker.

~ h , SPEAKER. Will the gentleman repeat his question, please.

M,. SCflU1,ER. Yes, sir. M,. Speaker, under HB 2216, 1 believe the bill takes away

the right of the people to petition the Environmental Quality ~ ~ ~ ~ d . D~~~ your amendment put that back into the hill to allow them to petition the Environmental Quality Board? ~h~~ i s m y

M,. STURLA. Yes, it does, and to follow up even further, this is not g iv ing any new powers to the Environmental ~ ~ ~ l i t y Board. It is simply retaining the current status that exists.

Mr. SCHULER. All right. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes Mr. Hasay. M,. HASAY. r h a n k you, Mr. Speaker. Mr. Speaker, I rise to oppose the Sturla amendment. r h i s amendment will have a major impact on the noncoal

industry, and also it has a major impact on the bill. I would like to see a "no" vote on this amendment. Thank you, Mr. speaker,

~h~ SPEAKER. ~h~ chai r recognizes Mr. Barley. M,. BARLEY. ~ h ~ ~ k you, M ~ . Speaker. .rust one more very briefcomment. ~ h , issue that ~ ~ ~ ~ ~ ~ ~ ~ t ~ r i ~ ~ Schuler brought up, 1 think,

was an issue that was well deserved, hut I would just like to clarify that we are not in any way preventing citizens from having inpu t i n t o this process of locating thesequarries and so on. ~h~~ ,,ill have that, and they do have that presently in the normal process of reviewing the permits. That will he maintained, we are not that process or that privilege or

away from ,he in any way, shape, or form, so think i t is very important t o realize that we are not


quo, and that status q u o protects the right of the people to The question was determined in the affirmative, and the

petition when there is something going o n in the mining indus- amendments were agreed to. W

try which may be detrimental t o the environment, to their

disallowing the citizens to have that proper input. Thank you very much.

T h e SPEAKER. T h e Chair recognizes Mr. Freeman. Mr. FREEMAN. Thank you, Mr. Speaker. Mr. Speaker, I rise in support o f the Sturla amendment. I think a point that deserves t o be mentioned here is that

without the Sturla amendment, we are taking away the ability of the people t o petition an entity o f government concerning their concerns about the impact of quarries and mining o n their property a n d o n ecological concerns and water concerns. All the Sturla amendment does is maintain the current status

Civera Hasay Petrarca Uliana Clark Hayes Phillips Vance Clymer Hershey Piccola Vroon Carnell Hess Pitts Wilson Corrigan ladlawief Raymond Wogan Davies Johnson Reber Wright, D. R . t Dcmpsey Dent

Kenney Reinard Wright, M. N. King

NOT VOTING-I

EYan"

EXCUSED-2

allow Mrkonic

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

health a n d their concerns. 1 d o not think we ought to be about the business here o f

taking away that right of petition, and I would urge the membership to support the Sturla amendment.


YEAS-104

On the question recurring, Will the House concur in Senate amendments as amended? Mr. LLOYD offered the following amendments No.

A4144:

Acosta Amstadt Arnold Battistu Belardi Belfanti Bishop Blaum Bowley Broujos Butkovitz Caltagirone Cappabianca Carn Cawley Cohen Colafella Colaizzo Cole Cowell Cay ~ e i u c a DeWeese Daley Dermady Donatucci Fajt

Adolph Allen Anderson Areall Armstrong Barley Birmelin Black Boyes Brown Bunt Bush Carlson Carone Cessar Chadwick

Fee Freeman Gamble George Gigliaui Gruitra Haluska Hanna Harley Harper Hayden Heckler Herman Hughes ltkin James laralin Josephs Kaiser Kasunic Kosinski Kruszewski Kukovich LaGrotta Laughlin Leacavitz Levdansky

Durham Fairchild Fargo Farmer Fleagle Flick Foster Freind Gallen Gannoo Geist Cerlach Gladeck Godshall Gruppa Hagarty

Linton Lloyd Lucyk McCall McGeehan McHale McHugh McNally Maiale Markosek Mayernik Melio Michlovic Mihalich Mundy Murphy Olasz Oliver Petrone Pistella Preston Richardson Rieger Ritler Robinson Roebuck

Krebs Langtry Lawless -.. Leh Marsico Merry Micozzie Nahill Nailor Nickal Noye Nyce O'Brien Perzel Pesci

Rudy Saloam Schuler Scrimenti Snyder, D. W Staback Steelman Steighner Stish Stuban Sturla Surra Tangretti Taylor, F. Thomas Tigue Trella Trich Van Horne Veon Wambach Williams Wazniak

O'Dannell, Speaker

Ryan Saurman Scheetz Semmel Serafini Smith, B. Smith, S. H. Snyder, G. Stairs Stetler Strittmatter Taylor, E . 2.. Taylor, 1.

I Amend Title, page 1, line 26, by removing the comma after "Services" and inserting

nnd

Amend Title, page I, line 28, by removing the comma after "Board" and inserting

; providing for solid waste disposal permits; further providing I Amend Bill. oaee 12. bv insertine between lines 27 and 28

Section 4. Theact is amended by adding a section to read: Section 1930-A. Solid Waste Disposal Permits.-(a) So

far as it relates to solid waste disposal permit provisions, the following terms shall be defined as:

"Municipal waste," "residual waste" or "hazardous waste" shall have the meanlngs given to them under the act of July 7, 1980 (P.L.380, No.97). known as the "Solid Waste Management A", "

I inserting 5


6 Amend Sec. 6 , page 14, line 23, by striking out "6" and

inserting 7

Amend Sec. 7, page 15, line 7, by striking out "7" and insert- t

Q



insertine 10

Amend Sec. 10, page 19, line I , by striking out "10" and inserting

11 t

Amend Sec. I I , page 19, line 2, by striking out "I I " and inserting

12



inserting I "

Amend Sec. 12, page 19, tine 20, by striking out "12" and inserting

themselves, and 1 think that that is not the policy that we ought t o adopt in this State.

Mr. Speaker, 1 urge adootion of the amendment.

the policy of this State that a rural county with 78,OM) people ought to have 3 landfills, I think is not being honest with

17 . ~~

Aniend Sec. 14, page 19, line 25, by striking out "14" and inserting

I S CONSTITUTIONAL POINT OF ORDER

. - Amend Sec. 15, page 20, line 9, by striking out "15" and

inserting 16


The SPEAKER. The Chair recognizes Mr. Reber. Mr. REBER. Thank you, Mr. Speaker. Mr. Speaker, I would like to place a motion before the

House on this amendment and then, after placing of the - 17 I motion, be recognized to discuss it accordingly.

Amend Sec. 17, page 20, line 17, by striking out "17" and 7he SPEAKER. The gentleman will state his motion inserting


inserting 19

On the auestion. ~ ~~~

Will the House agree t o the amendments?

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

Mr. LLOYD. Thank you, Mr. Speaker. Mr. Speaker, this legislation deals with the power of the

Department of Environmental Resources in issuing permits for landfills and incinerators. What the amendment says is that if a countv alreadv has more than one landfill, more than one incinerator or other type disposal facility, or in combination more than one, the Department of Environmental Resources would not have the power to give the permit for an additional landfill or incinerator.

Mr. Speaker, at the present time in Pennsylvania, we have, according to the Department of Environmental Resources, 52 disposal facilities in 67 counties. Interestingly, 34 of those counties have none. Interestingly, my county, which has less than onc-half of 1 percent of the population of the State, has 4 percent of the landfills currently permitted. What is also important is that we have a third application pending, and I am sure that is a problem that confronts a lot of other people in this House.

There will be undoubtedly some suggestion that this is NlMBYism (not in my backyard) at work. I would suggest that my county and many of these other counties which have multiple facilities have done more than their fair share to take care of our disposal problems. 1 would have preferred a more

Mr. REBER. Mr. Speaker, it is the opinion of this individual that the amendment currently before the House in its current form is unconstitutional and is violative of Article I , section 10, and the Fifth Amendment of the Federal Constitu- tion relative to the just comoensation takina clause, if you - will; furthermore, that it is a violation o f the interstate commerce clause of the Federal Constitution; and finally, that it infringer upon the concerns and the protections under the section 27, Article I, Pennsylvania Constitulion relative to the environment.

I would so move that the Lloyd amendment as presently before the House is unconstitutional for the reasons set forth.

The SPEAKER. The gentleman is in order.

On the question, W ~ l l the House 5ustain the constitutionality of the amend-

ments?

The SPEAKER. The Chair recognizes Mr. Reber. Mr. REBER. Mr. Speaker, the reason why I make this

motion is multifarious, if you will. Frankly, the manner in which the language of the amendment is drafted construes the fact that there very well could be a taking by thegovernmental body, the Department of Environmental Resources, of existing facilities. And how could this be done? Because the particular amendment as drafted requires that only one permit be issued per county, there certainly is the applicability that mod- ification permit requests, expansion permit requests, and certainly renewal permit requests for any existing facility in the Commonwealth that is otherwise lawfully operating could not be carried out by this law if it became law, and therefore, there would be taking of a private property right without any comoensation for the s a p a B..

elaborate planning process like we have in Act 101. Unfortu- F;rthermore, M ~ . speaker, the United States Supreme nately, we do not have the cooperation that we need from the court has just recently pronounced. in various decisions ema- administration to go in that direction.

I think it is absolutely outrageous that we continue to go back to the same people and say to them, wcll, we beat you once; you will not fight us as much anymore, so we are just going to come and your county is going to be the landfill capital of the State of Pennsylvania.

Anybody who can justify to me, including some of my friends who today will probably stand NIMBYism, who in all honesty can asqert I

. ~ ~ - ~ ~ . nating out o f the States o f Alabama and Michigan, concern for actions by States where in fact there is intrastate interfer- ence with existing contracts. That is exactly what is in existence with this particular amendment whereby current facilities - municipal, private, and combinations thereof - very well have interstate ramifications and could be impacted by the

1900 LEGISLATIVE

think there has to be a serious consideration given that under this amendment we could in fact be requiring less than safe facilities to continue to exist when in fact a 100-percent technologically sound facility could not come on line because an existing lawfully operating facility that might otherwise be of some concern to immediate constituencies is in fact the only one tbat is permitted in the State and is permitted during a long, drawn-out process. Therefore, there could be modifica- tinns, expansions, and renewals of what would otherwise be a technologically state-of-the-art facility. This particular amendment would prohibit that and in fact would render the environment violative of the intent of section 27.

For those reasons, Mr. Speaker, I would ask that the motion for constitutionality be enacted by us to find that the particular amendment be unconstitutional.

The SPEAKER. The Chair recognizes Mr. Lloyd. Mr. LLOYD. Thank you, Mr. Speaker. Mr. Speaker, regardless of what one might think about the

issue of the substantive question in this amendment, this amendment is, in my opinion, constitutional, and it is not appropriate to dodge and duck behind that argument.

Number one, the question of whether or not this is a taking. For this to be a taking, there must be a vested property right in getting a permit. 1 do not think that any court has held that there is a vested right in getting a permit unless and until somebody has satisfied all of the requirements. This permit block that this amendment would impose applies only if the permit has not alieady been granted, so I do not think there is any taking.

Number two, the question of interstate commerce. This amendment is neutral on its face and in its applicability with regard to the source of the waste. If it is impermissible for the State of Pennsylvania to impose some kind of a restriction on the number of disposal sites in a county, then I would suggest that the Act 101 planning process, which enshrines the princi- ple that counties ought t o be able t o control waste within their counties, then that statute has to he unconstitutional. 1 do not see that there is an interstate commerce issue when you are treating everybody the same, and there is nothing here which is going to discriminate against interstate commerce.

Furthermore, Mr. Speaker, on the question of interstate commerce, we are not shutting anybody out of the State of Pennsylvania. There are 54 counties in this State which would still be eligible t o have an additional landfill or an incinerator, and in fact, there are 34 counties that could have 2 more. That ought to be enough to take care of New Jersey and everybody in Pennsylvania and Ohio and New York put together, and I do not see that there is any interstate commerce issue at all.

Finally, on the question of whether there is a violation of the State Constitution on the issue of people's right to enjoy the environment and the safety of drinking water and the like, I suspect that if you looked at that amendment, you would find that there is some language which suggests that that is a right to be enjoyed by all of the people of Pennsylvania, not enjoyed only by those people who happen to live in the counties where they have been lucky enough not to have some spec-


ulators decide that they want to build landfills. There is nothing in this amendment which permits any landfill to continue to operate in violation of DER standards or in violation of Federal standards. There is nothing in this amendment which requires the siting and permitting of a facility in a county which does not have one if that facility cannot meet standards, and the suggestion, the suggestion that we site landfills in this State by looking for the best sites rather than simply reacting to those particular developers who can meet minimal standards is simply wrong. That is not the way the permitting process works.

Finally, there is a statement raised with regard to the issue of taking having to do with expansions of existing landfills, and I suppose one can argue about interpretation of the lan-

w guage. This amendment does not address expansions of landfills. This amendment addresses the addition of landfills or the addition of incinerators in counties which already have more than one. There is nothing in this amendment which blocks the expansion of existing landfills.

For all of those reasons, Mr. Speaker, vote as you will on the merits, but let us get past this question of constitutionality and come to tbat issue. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes Mr. Serafini. Mr. SERAFINI. For the sponsor of the amendment, if he

would not mindanswering. Mr. Speaker, would the 52 permits which he discussed that

are included in the- Mr. LLOYD. Mr. Speaker, I cannot hear the gentleman. The SPEAKER. The issue before the House is constitution-

ality. The gentleman seeks to interrogate the gentleman, Mr. Lloyd, on the issue of constitutionality. The Chair urges the gentleman to don a microphone, an earphone, whatever.

Mr. SERAFINI. Mr. Speaker, relative to the 52 licensed facilities, would they include construction waste facilities?

Mr. LLOYD. Would you try again now that 1 have the earphones?

Mr. SERAFINI. My question pertained to the fact that statewide zoning might be a problem relative to the constitutionality of this permit, and it primarily related to the fact that construction waste permits might be included in his definition of "solid waste disposal permits." That is what I was con- cernedabout.

Mr. LLOYD. The definition of "solid waste" in this legislation is municipal waste, residual waste, and hazardous waste. To the extent that any of tbat construction waste is classified as residual waste, this amendment would apply to it. t

Mr. SERAFINI. So the initial description of permitted waste facilities in the State being 52 would probably be far more.

Mr. LLOYD. My numbers came from the Department of Environmental Resources. Your numbers may be more accu- rate than mine. I do not know. I requested information from them, and they provided it to me.

Mr. SERAFINI. Can you give a reason why statewide zoning would not be an issue relative to the constitutionality of this particular amendment?


Mr. LLOYD. I do not know if you are suggesting that statewide zoning is unconstitutional or not. This amendment does not have anything to do with statewide zoning.

Mr. SERAFINI. And as defined, you would not assume that it would?

Mr. LLOYD. I d o not see that this has anything to do with statewide zoning.

Mr. SERAFINI. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes Mr. Michlovic. Mr. MICHLOVIC. Thank you, Mr. Speaker. Mr. Speaker, I rise to join with my colleague, Mr. Reber, in

opposing this amendment, and I urge the members to vote "no" on the matter of constitutionality. For much the same reason Mr. Reber outlined earlier, 1 think that the whole Act 101 has already set into motion a prescribed process for determining the number and the capability and capacity of the various solid waste facilities, and we should allow that process to continue and not arbitrarily decide on limiting it to one facility i f the county wishes to change that.

For all of these reasons, I urge that we vote "no" on constitutionality. Thank you, Mr. Speaker.

The SPEAKER. Those voting "aye" will vote to declare the arriendment to be constitutional; those voting "no" will vote to declare the amendment to be unconstitutional. A "yes" vote declares the amcndmcnt to be constitutional; a

Bush Butkovi t~ Carlson Carn Cessar Chadwick Civera Clymer Cornell Corrigan Cowell Coy Dempicy Dcnt Dermody Donatucci Durham Evans Fajt Fargo

Cruppo Hagarty Harley Hasay Hayden Hayes Heckler Herman Herihey Hess Hughes ltkin Jadlowiec lames Johnson Kaiici Kenney King Kosinski

NOT

Mayernik Melio Merry Michlavic Micorrie Murphy Nahill Nailor Nickol Noye N yce O'Brien Oliver Perrel Petrane Piccala Pitts Raymond Rcber

VOTING-

Stetier Taylor, E. 2. Tavlar. I. ~ e i e k Thomas Tomlinson Trello Tulli Uliana Van Home Vance Vroon Williams Wogan W o ~ n i a k Wright, M. N

O'Donnell, Speaker

Billow Mrkonrc

Less than the majority having voted in the affirmative, the question was determined in the negative and the constitutionality of the amendments was not sustained.

The SPEAKER. The Chair requests the gentleman, Mr. Hayden, to preside.

ments?


YEAS-76

"no" vote declares the amendment to be unconstitutional.

On the question recurring, Will the House sustain the constitutionality of ihe amend-

On thequestion recurring, Will the House concur in Senate amendments as amended? Mr. HECKLER offered the following amendment No.

A4192:

THE SPEAKER PRO TEMPORE (RICHARD HAYDEN) PRESIDING

Cohen Colafella Colaizzo Cole DeLuca

Acosta Adolph Anderson Armstrong Barley Bartisto Birmelin Bishop Black Boyei Brown Bunt

Allen DeWeesr l au l e s s Scrimenti Angstadt Daley I.loyd Seiafini Argall Davifs Lucyk Smith, S. H. Arnold Fairchild McCall Snyder, G. Belardi Fee McHale Staback Beifanti Fleagle McNally Sterlman Blaum Freeman Mihalich Stisll Bowlcy George Mundy Strittmatter Broujos Gruitia Olasr Stuban Caltagirone Haluska I'rici Sturla Cappabianca Hanna Petrarca Surra Carone Harper Phillips Tangretti Cawley Jarolin Pistella Taylor, F. Clark Josephr Preston Tigue

Kaiunic Ritter Krebs Robinson Krus~ewaki Rudy LaGrotta Saloom Laughlin Schuler

NAYS-123

Amend Sec. 3 (Sec. 1920-A), page 12, line 27, by inserting after ''Act." This subsection is not applicable to any petition to designate an area as unsuitable for noncoal mining operations filed with the board or the Department of Environmental Resources prior to July 30, 1992.


AMENDMENT WITHDRAWN TEMPORARILY

The SPEAKER pro tempore. On that question, the Chair

Farmer Kukovich Flick Langtry Foster Lee Frcind Leh Callen Lescovitz Gamble Levdaniky Cannon Linton Geisi McCeehan Gerlach McHugh Gigliotri Maiale Cladeck Markosek Godshall Mariica

'Trich Veon Wambach Wilson Wright, D. R.

Reinard Richardson Rieger lloebuck Ryiln Saurman Scheeti Sernmel Smith, 0. Snyder, D. W . Stairs Steighncr

recognizes Mr. Heckler. Mr. HECKLER. Thank you, Mr. Speaker. In light of the adoption of the Sturla amendment, 1 am not

sure my amendment would be in order, and in any event, it would be moot, so that 1 would- Oh, 1 understand that there may have been a reconsideration motion filed with regard to the Sturla amendment. I believe my amendment is only relevant if the Sturla amendment is not in the bill, so I would ask that it be passed over pending that reconsideration.

The SPEAKER pro tempore. So the Chair understands that the gentleman is temporarily withdrawing his amendment. Thank you.


O n the auestion recurring, I O n the ouestion

Mr. HECKLER. That iscorrect. Thank you. * * *

. ~

Will the House concur in Senate amendments as amended? MURPHY Offered lhe following amendments No.

A4180:

are PennDOT for fair market value rarhel Amend Sec. 5 (Sec. 2003), page 14, by inserting between lines 22 and 23 having to compete with private owners.

Will the House agree t o the amendments?

The SPEAKER pro tempore. On that question, the Chair t recoenizes Mr. Murnhv.

Amend Title, page 1, line 30, by inserting after "airports" 2 for the sale of certain land by the Department o f Transportation

Amend Sec. 5, page 13, line 18, by inserting after "2003(e)(l)"

and (7) Amend Sec. 5, page 13, line 19, by striking out "is" and

inserting

~" ~~~ ~-~~~ ,~ ~, ~

Mr. MURPHY. Mr. Speaker, this amendment would permit PennDOT, the Department of Transportation, to offer for fair market value land they had acquired, first to public agencies and then to any tenants that might be on the land. The practical implication of this is that it would permit public agencies to acquire land which they can demonstrate they have a public purpose to use, to purchase directly from

than, in some

The department (7) Any other provisions of this act to the contrary notwithstanding, the department may sell at public sale any land acquired by the department if the secretary determines that the land is not needed for present or future transportation purposes:

(i) Improved land shall first be offered at its fair market value as determined by the department to other public agencies which demonstrate a public purpose for the land unless the land is located in a county of the second class A not governed under a home rule charter. If not transferred to a public agency or if located in a county of the second class A not governed under a home rule charter, the improved land occupied by a tenant of the department shall [first] be offered to the tenant at its fair market value as determined by the department, except that if the tenant is the person from whom the department acquired the land, it shall be offered to the tenant at the acquisition price, less costs, expenses and reasonable attorneys' fees incurred by the person as a result o f the acquisition of the land by the department. If there is no tenant and the person from whom the department acquired the land did not receive a replacement housing payment under section 602-A of the "Eminent Domain Code," or under former section 304.3 of the act o f June 1, 1945 (P.L.1242, No.428), known as the "State Highway Law," the land to be sold shall first be offered to such person at the acquisition price, less costs, expenses and reasonable attorneys' fees incurred by the person as a result of the acquisition of the land by the department. As used in this subclause and subclause (ii), the term "public agency" shall include authorities and political sub- divisions.

(ii) Unimproved land shall first be offered at its fair market value as determined by the department to other public agencies which demonstrate a public purpose for the land, unless the land is located in a county of the second class A not governed under a home rule charter. If not transferred to a public agency or if located in a county of the second class A not governed under a home rule charter, the unimproved land shall [first] then be offered to the person from whom it was acquired at its acquisition price, less costs, expenses and reasonable attorneys' fees incurred by the person as a result of the acquisition of the land by the department, if the person still retains title to land abutting the land to be sold. If the land abutting the land to be sold has been conveyed to another person, the land to be sold shall first be offered to that person at its fair market value as determined by the department.

(iii) Notice of the offer described in either subclause (i) or (ii) shall be sent by certified mail, or, if notice cannot be so made, in the manner required for "in rem" proceedings. The offeree shall have one hundred twenty (120) days after receipt of notice to accept the offer in writing.

(iv) Revenue from any sale o f land acquired with motor license funds shall be deposited in the Motor l.icense Fund.

nts?

1 would urge your support of this. support the legislation. Thank you.

O n the question recurring, Will the House agree to the amendme~


YEAS-198

A c ~ ~ t a Evans Langtry Fairchild Laughlin Fajt Lawless

~$~~~~ Fargo Lee Farmer Lch

Argail 17ee Lescovitr A~~~~~~~~ ~ l ~ ~ ~ l ~ Ledansky ~ ~ ~ ~ l d Flick Linton Barley Foster 1.loyd Battisto Freeman Lucyk Belardi Freind McCall

Gallen Mctisehen Bi'mc'in Camblc McHalc Bishop Black

Cannon McHugh Geist McNally

Blaum George Maiale ~~~l~~ Gerlach Markasrk B~~~~ Gigliatti Marrica Broujoi tiladeck Mayernik Hrown <;odbhall Melio Bun1 Gruitm Murry Bush Gruppo Michlovis BUtknvit7 Hagarty Micorric

Haluska Eii~b'ga Mihalich Mundy Carlson Harley Murphy c,,, Harper Nahill carone Hasay Nailor Cawley Hayden Nickol Cessar Hayes Nnye Chadwick Heckler Nyce Civera Herman O'Bricn 'lark Hershey Olarz

FJc: Has Oliver Hoghes Perzei

Colafella l rkin Pesci ~ ~ l ~ i ~ ~ Jadlowicc Petrarca Cole Jame, Pe~rolie Cornell Jarolilr Phillips Corrigan Johnson Piccola C~wel l Jasephs Pi~lella Coy Kaiser Pittr DeLuca kasunic P~eston DeWeesc Daley Keoncy Raymond

King Rcher Davies Kusinski Reinard Ilcmpsey Krebi Richardson

Roebuck Rudy Ryan Saloom Saurman Scheetr Schuler Scrimenti Semmel Seralini Smith, B. Smith. S. H. Snyder, D. W. Snyder, ti. Slaback Stair5 Steellnan Steighner Stetler Slish Strittmalter Stuban Srurla Surre Tangrctti Taylor, E. Z. Taylor. F. Taylor. I. Telek Thomas Tiguc Tomlinson Tiello Trich Tulli Uliana Van Horne Vancr Vcon Vroon Wambach Williamr W i l ~ o n \Vogsn \Vo,niak \V~ighi. I 1 R . \l'righl, M . N.

cases,

does


Dent Dermody Donalucci

Durham EXCUSED-2

Krusrewski Rieger Kukavich Ritter O'Donnell, LaGrotta Robinson Speaker

NAYS-0

NOT VOTING-I

On the question, Will the House agree t o the amendments?

Amend Sec. 17, page 20, line 22, by striking out "XXX.l" and inserting

XII1.1 Amend Sec. 18, page 21, line 2, by striking out "IS" and

inserting 19

R ~ I I O I Y Mrkonic 1 The SPEAKER pro tempore. On that question, the Chair .

The question was determined in the affirmative, and the amendments were agreed to.

On the question recurring, Will the House concur in Senate amendments as amended? Mr. RYAN offered the following amendments No. A4203:

Amend Title, page 2, line 4, by inserting after "Committee;" further providing for the utilization of the Capitol Annex;

Amend Sec. 2 (Sec. 1105), page 9, line 6, by striking out ccXXX. I " and inserting -

XI11.1 Amend Bill, page 16, by inserting between lines 18 and 19 Section 9. The act is amended by adding a section to read: Section 2402.1. Utilization o f capitol Annex.-(a) The

Department of General Services shall hereby grant exclusive use of the Capitol Annex Building, also known as the Old Museum Building, to the House of Representatives.

(b) The Speaker of the House of Representatives shall allo- cate the space in the Capitol Annex Building, also known as the Old Museum Building, for such legislative purposes as he deems necessary.

(c) Notwithstanding any other provision of law to the contrary, the Capitol Annex Building, also known as the Old Museum Building, shall be used for the legislative purposes of the House of Representatives and not for administrative offices.

(d) The Department o f General Services shall commence and complete the repair and renovation of the Capitol Annex Building, also known as the Old Museum Building, on an expe- dited basis.


10 Amend Sec. 10, page 19, line I, by striking out "10" and

inserting 1 1 . .

Amend Sec. l l , page 19, line 2, by striking out "11" and inserting

recognizes Mr. Ryan. Mr. RYAN. Mr. Speaker, this is an amendment that we

have talked about o f f and on over the years. What it does is it ~~

grants to the General Assembly, under the auspices of the Speaker's Office, the use of the Old Museum Building, com- monly known as the Annex. It directs the Department of General Services t o commence the repair and renovation o f that Annex. There are n o funds attached t o this amendment because funds have previously been allocated to it under a much earlier, years-ago capital bill. It is sonlething the Speaker is going to control. It is something that is for the House of Representatives.

If any of you have been to the Annex lately, you will understand the need t o get something done over there. It is an abso- lute disgrace what is happening to one of the treasures of this Commonwealth, and 1 think it is about time we get involved and take a hand in this.

The SPEAKER pro tempore. The Chair recognizes the gentleman, Mr. Hayes.

Mr. HAYES. Thank you, Mr. Speaker. 1 also urge adoption of this amendment. Just by way of history, this General Assembly did have

control of the Old Museum Building back in the late seventies, which was part of the effort t o upgrade the office availability for rank-and-file members of this House of Representatives and Senate. It was promised at that time by the executive branch that if we would cede back to theexecutive this particular building, that it would be restored and properly returned t o its previous beauty and grandeur. Obviously that has not happened. The promise which was made has been broken, at least up until this time.

1 feel very strongly that the only way we are going to save that building from oblivion is t o adopt the type of amendment

12 which is being offered at this time, and I strongly urge its Amend Sec. 12, page 19, line 20, by striking out "12" and adoption. Thank you, Mr. Speaker.

insertine 13



inserting 15

Amend Sec. 15, page 20, line 9, by striking out "IS" and inserting


inserting 17


18

On the question recurring, Will the House agree t o the amendments?


YEAS-194

Acosta Adolph Allen Anderson Angsladt Argall Armstrorlg Arnold Barley Batti,to Belardi

Evans LsCrotta Fairchild Langtry Fajt Laughlin Fargo Lawless Farmer Lee Fce Lrh Fleagle Leacavitz Flick Levdansk) Foaer Linton Freeman Lloyd Freind I . u ~ y k

Roebuck Rudy Ryan Salaom Saurman Scheetr Schuler Scrimcnti Semmel Serafini Smith, 9,


Belfanti Gallen McCall Smith, S . H . Birmelin Gamble McGeehan Snyder, D. W. Bishop Cannon McHale Snyder, G. Black Geist McHugh Staback Blaum George McNally Stairs Bowley Gerlach Maiale Steelman Boyes Gigliotti Markosek Steighncr Broujas Gladeck Marsico Stetler Brawn Godshall Mayernik Stish Bunt Gruitza Melio Strittmatter Bush Gruppa Merry Stuban Butkovitr Hagarty Michlovic Suria Callagirone Haluska Micozzie Tangretti Cappabianca Hanna Mihalich Taylor, E. Z. Carlsan Harley Mundy Taylor. F. Carn Harper Murphy Taylor, J. Carone Hasay Nahill Telek Cawley Hayden Nailor Thomas Cessar Hayes Nickol Tigue Chadwick Heckler No ye Tomlinian Civera Herman Nyce Trcllo Clark Hershey O'Brien Trich Clymer Hess Olasz Tulli Colafella Hughes Oliver Uliana Coiaizro ltkin Perzel Van Horne Cole Jadlowiec Pesci Vance Cornell James Petrarca Vean Corrigan Jaralin Prtrone Vroon Cowell Johnson Phillip5 Wambach COY Jasephs Piccola Williams DeLuca Kaiser Pistella Wilson DeWeese Kasunic Pills Wogan Davies Kenney Preston Womiak Dempsey King Reber Wright, D. R. Dent Kosinski Reinard Wright, M. N. Dermody Krebs Richardson Donatucci Krusrewrki Rieger O'Donnell, Durham Kukovich Rilter Speaker

N A Y S - I

Sturla

N O T V O T I N G - 4

Cahen Daley Raymond Robinson

EXCUSED-2

Billow Mrkanic

The q u e s t i o n w a s d e t e r m i n e d i n the a f f i r m a t i v e , a n d t h e amendments w e r e agreed to.

On t h e q u e s t i o n r e c u r r i n g ,

W i l l t h e House concur i n S e n a t e a m e n d m e n t s a s amended?

Angstadt Argall Armstrong Arnold Barley Battisto Belardi Belfanti Hirmelin Bishop Black Blaum Bowley Boyes Broujos Brown Bunt Bush Butkavirr Caltagirone Cappabianca Carlson Carn Carane Cawley Cessar Chadaick Civera Clark Clymer Cohen Colafella Colairro Cole Cornell Corrigan Courll

Fargo Leh Farmer Lescovilr Fee Levdansky Fleagle Linton Flick lloyd Freeman Lucyk Freind McCall Gallen McGcchan Gamble McHale Gannon McHugh Geist McNaliy George Maiale Gerlach Maikosek Gieliorti Msrsico

Scheetz Schuler Scrimenti Scmmel Serafini Smith, B. W Smilh, S. H. Snyder, D. W. Snyder, G . Staback Stairs Steelman Steighner Stetler Stish Strillmatter Sruhan Sturla 'II. Surra Tangrelti Taylor. E. Z. Taylor, F. Taylor. J. Telek Thomas Tigue Tomlinson Trcllo Trich Tulli Uliana Van Horne Vance Veon Vroon Wambach Williams Wilson Wogan Wozniak Wright, I). R. Wright, M . N.

Gladeck Mayernik Godshall Melio Gruitra Merry Gruppo Michluvic Hagarty Micorrie Haluska Mihaiich Hanna Mundy Harley Murphy Harper Nahill Haray Nailor Hayden Nickol Hayes Noye Heckler Nyce Herman O'Brien Hershey Olasl Hess Oliver Hughes Perzrl ltkin Pesci Jadlowiec Petrarca James Petrane Jarolin Phillips Johnson Piccola Josrphs Pistella K a i w Pill, Coy

Del.oca DeWceae

Kaiunic Preston Kenney Reber King Rcinard Kosinski Richardson Krcbs Rieger Krusrewski Ritter

Oaley Daiies Denlpsey Dent Dermody 1)onatucci

O'Donnell, Speaker Kukovich Robinson

LaGiotta

N A Y S - 0

N O T V O T I N G -

Foster Raymond Rudy

E X C U S E D - 2

Mrkonic

AMENDMENT A4147 RECONSIDERED T h e q u e s t i o n was d e t e r m i n e d in t h e a f f i r m a t i v e , a n d t h e

m o t i o n w a s a g r e e d to.

T h e SPEAKER pro t e m p o r e . T h e C h a i r h a s in i t s posses -

s i o n a m o t i o n t o reconsider t h e v o t e b y w h i c h t h e S t u r l a

a m e n d m e n t A 4 1 4 7 to HB 2 2 1 6 , PN 4 2 0 9 , w a s p a s s e d o n t h e

O n t h e q u e s t i o n r e c u r r i n g ,

W i l l t h e H o u s e agree t o t h e a m e n d m e n t s ?

T h e c l e r k r e a d t h e f o l l o w i n e a m e n d m e n t s N o . A4147: 18th d a y o f N o v e m b e r . The m o t i o n i s f i l ed b y R e p r e s e n t a t i v e H a s a y .

"

A m e n d Ti t le , p a g e I , l ines 27 a n d 28 , by s t r ik ing o u t "for t h e p o w e r s a n d du t i e s o f t h e Env i ron tnen ta l Qua l i ty B o a r d , "

A m e n d Bill, p a g e 12, lines I 4 t h r o u g h 27, b y s t r ik ing o u t all o f said lines

A m e n d Sec. 4 , p a g e 12, l ine 2 8 , by s t r iking o u l "4" a n d

On t h e q u e s t i o n ,

W i l l t h e House a g r e e to the m o t i o n ?

A m e n d Sec. 5, p a g e 13. l inc 18, by 5tr iking o u t "5" a n d inser t ing t

4

The f o l l o w i n g r o l l c a l l w a s r e c o r d e d : (

AcoSta Durham Langtry Roebuck Adolph Evans Laughlin Ryan Allm Fairchild Lawless Saloom Anderson Fa; t L.ee Saurman

inser t ing



5 Amend Scc. 7, page 15, line 7, by striking out "7" and insert-

ing 6

Amcnd Sec. 8, page 15, line 24, by striking out "8" and inserting

7 Amend Sec. 9, page 16, line 19, by ~triking out "9" and

inserting 8



inserting 10

Anlend Sec. 12, page 19, line 20, by striking out "12" and inserting

1 1 Amend Sec 13, page 19, linc 23, by striking out "13" and

inserting 12


13 Amend Sec. 15. page 20, line 9, by striking out "15" and

inscrting l A . .

Amend Sec. 16, page 20, line 13, by striking out "16" and inscrting

15 Amcnd Sec. 17, page 20, line 17, by striking out "17" and

inserting 16

Amcnd Sec. 18, page 21, line 2, by striking out " I R " and inserting

17

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

The SPEAKER pro tempore. The House has bcforc it amendment ,44147.

The Chair recognizes the gentleman, Mr. Sturla. Mr. STIIRLA. Mr. Speaker, for the reasons articulated

before, I would appreciate an affirmative vote on chi7 amendment.

The SPEAKER pro tempore. The Chair recogni/.ey the gentleman, Mr. Williams.

Mr. WI1.LIAMS. Mr. Speaker, actually I just wanted to be recogni7.ed by you, hecause we in Philadelphia County are vcry saddened by your departure, so wc wanted to salutc the possibilities of what could have been.

The SPEAKER pro tempore. The Chair apprcciatcs the gentlemen and Representative Williams.

The Chair recognizes the gentleman, Mr. Smith. Mr. S. H. SMITH. Thank you, Mr. Speaker. Mr. Speaker, I would urge a "no" vote on this particular

amendment. 1 believe that the amendment has the potential to put a lot

of people out of work in Pennsylvania. I think that the type of businesses that this amendment will affect are basically busi-

nesses that d o not have a significant or an overwhelming environmental concern that is not already addressed by their permitting and regulating process and that the implementation of these unsuitable-for-mining regulations will go above and beyond the regulatory review that is necessary t o protect the environment in their cases.

I also have a concern that it will affect others besides businesses. I think that it will have the potential to impact the smaller, midsized townships that may have something like your old shale pits and things of that nature.

1 would urge the members to vote "no" on this amendment. Thank you.

The SPEAKER pro lempore. The Chair recognizes the gentleman, Mr. Fairchild.

Mr. FAIRCHILD. Thank you, Mr. Speaker. Mr. Speaker, I may have one of the best environmental

voting records on this side of the fence. However, I think what you have got to d o on this amendment is look at the intent and where this amendment is coming from. This was an interpretation by the courts of a previously passed law that dealt with coal mining, surface mining as it dealt with coal. It was never intended, the research 1 have done-and I was not here then; some of you veterans are going t o have to tell me- but the legislation that you passed was never intended to affect other than coal mining and coal surface mining land.

What we have now is the Department of Environmental Rcsources evaluating and making judgments and inter- prelations, and it certainly has been my experience here that everyone is concerned about the Department o f Environ- mental Rcsources and how they have basically taken the law into their own hands.

If this was a freestanding act, if it was an amendment to a different bill, I may take a different look at it. But certainly Ihe way it is, i t was not the intent of the General Assembly to include noncoal mining projects in the legislation, and all the bill does now is lo clarify that. You have got to make the deci- ?ion whether you are going t o let the courts make the laws or whether you are going to let the Department of Environ- mental Resources make the laws or are you going t o make the laws.

The correct vote on this particular amendment is to vote "no ." rhank you.

The SPEAKER pro tempore. The Chair recognizes the gentleman, Mr. Freeman.

Mr. FREEMAN. Thank you, Mr. Speaker. Mr. Speaker, once again I rise to support the Sturla amend-

ment. All we are trying to achieve here with the Sturla amendment

is the status quo. I think we should all recogni~e the fact that any form of mining activity always holds out the potential, albeit somewhat limited in some cases, for potential environmental damage. I d o not think we should take away the right of the citizens of this Commonwealth to petition the Environ- mental Quality Board in such matters. By taking that right away, we take away a very important and valuable right, not only in environmental concerns but in property concerns as


well. Let us not take that right away. Let us protect their ability to petition the EQB on a matter which deserves the attention of the EQB in certain circumstances. Taking this procedure out for all but coal mining activities is too broad a stroke. Let us let that up to the EQB to manage and let us not meddle in this matter.

I urge the members of this House to stand by the citizens in their right of petition and support the Sturla amendment.

The SPEAKER pro tempore. The Chair recognizes the gen- tlelady, Mrs. Rudy.

Mrs. RUDY. Thank you, Mr. Speaker. Mr. Speaker, 1 rise to support the Sturla amendment to HB

2216, because all the Sturla amendment does is preserve the right of Pennsylvania citizens to express their legitimate concerns when noncoal mining is planned in their area, and I urge my colleagues t o d o likewise. Thank you.

The SPEAKER pro tempore. The Chair recognizes the gentleman, Mr. Hasay.

Mr. HASAY. Thank you, Mr. Speaker. Mr. Speaker, I again ask for a "no" vote. This amendment

is a major part of the bill, a major part of the agreement from the Senate, and 1 would appreciate a "no" vote on the amendment.

It does not do any harm, and it still allows the major enforcement procedures, et cetera, through the Department of Environmental Resources and the Environmental Hearing Board, and I would appreciate a "no" vote. Thank you, Mr. Speaker.

The SPEAKER pro tempore. The Chair recognizes, for the second time, the gentleman, Mr. Sturla.

Mr. STURLA. Mr. Speaker, again, just to reiterate, what this does is retains the current powers of the Environmental Quality Board, which in the cases where they have been involved, they have done things like rule on issues about the taking of private wells and rare limestone caverns, things like that. So this is not a situation where we are trying to eliminate jobs by any stretch of the imagination. It is a situation where we are trying to make sure that the citizens of this Common- wealth have their fair hearing.

On the question recurring, Will the House agree t o the amendments?


YEAS-100

Aeosta Fajt Lescovitr Roebuck Arnold Fee Levdansky Rudy Battisto Freeman Linton Saloom Belardi Gamble Llavd Schuier Belfanti George ~ u c i k Scrimenti Bishop Cigliotti McCall Staback Blaum Gruitza McGeehan Steelman Bowley Haluska McHale Steighner Broujos Hanna McNally Stish Butkavitz Harley Maiale Stuban Caltaeirane Hamer Markasek Sturla cappibianca aid en Melia Surra Carn Heckler Michlovic Tangretti Cawley Herman Mihalich Thomas Cahen Hughes Mundy Tigue Colafella ltkin Murphy Trello Colaizzo James Olasr Trich

~~p

Cole Jarolin Oliver Van Horns Corrigan Josephr Petraica Veon Cowell Kaircr Pctrone Wambach Coy Kosinski Pistella Williams DeLuca Krebs Preston Wright. D. K. DeWeese Kruwewiki Richardson .t Dermady Kukovich Ricger O'Donnell, Donalucci I.aGrotta Rirter Speaker Evans Laughlin

NAYS-98

Adolph Durham L.arlgtry Saurman Allen Fairchild Lawless Scheetr Andcrson Fargo Lee Semmel Angstadt Farmer I.ch Serafini Argall I'leagle M~.Hugh Smith, B. Armstrong Flick Marsico Smilh, S. H . Barley Foster Merry Snyder. D. W. t

Birmelin Freind Micouie Snyder. G. Black Gallen Nahill Stairs Boyes Gannon Nailar Strtler Brown Geist Nickol Strittmaucr Bunt Cierlach Noye Taylor, E . Z. Bush Gladeck Nycc Taylor. F. Carlson Godshall O'Brien Taylor, J . Car one Gruppo Pcrrel Telek Ccssar Hagarty Pesci To~nlinson Chadwick Haqay Phillips Tulli Civera Hayes Piccola Uliana Clark Hershey Pitts Vance Clymer Hess Raymond Vroon Cornell Jadlowicc Rcber Wilson Daley Johnson Reinard Wogan Davies Kasunic Robinson Wozniak Dempsey Kenney Ryan Wright. hl. N . Dent King

NOT VOTING-1

Mayernik

EXCUSED-2

Billow Mrkonic

The question was determined in the affirmative, and the amendments were agreed to.

On the question recurring, Will the House concur in Senate amendments as amended? Mr. SAURMAN offered the following amendment No.

A4200:

I Amend Sec. 9 (Sec. 2409-A), page 18, by inserting after li. ~~~ -~

( 5 ) The deed of conveyance shall contain a clause that the property conveyed shall be used for educational purposes by the grantee and if at any rime the grantee or its successor in function conveys the property or permits the property to be used for any purpose other than those specified in this section, the title to the property shall immediately revert to and revest in the Common- wealth of Pennsylvania.

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

The SPEAKER pro tempore. On that question, the Chair recognizes the gentleman, Mr. Saurman.

Mr. SAURMAN. Thank you, Mr. Speaker. Mr. Speaker, this amendment simply says that property

that ha$ been given to the State-related universities, if they no longer need them or are using them, will revert to the Com- b monwealth. It does not seem right that we should give them


property and then, if they are no longer going to use it, just have them dispose of it. So this amendment will require that it has to come back to the Commonwealth.

I appreciate your support. The SPEAKER pro tempore. The Chair recognizes the gen-

tleman, Mr. Cowell. Mr. COWELL. Mr. Speaker, the Saurman amendment

does address an issue that was related to the original purpose of this legislation when i t was introduced in the House and initially passed the House. That was the disposal of Common- wealth property. The whole purpose o f this legislation was to create the legal authority for the appropriate Commonwealth agencies to give or practically give for $I certain properties to various higher education institutions. The message from the administration was, we want to get rid of this property; we want t o give it to the schools; it is a burden on the Common- wealth to keep it in our title.

The Saurman amendment works against that original purpose. It creates another caveat that would be tied in to the initial transfer of property. The administration'^ position is to be against the Saurman amendment, because it makes i t more likely at some future date that the Commonwealth would again have this property revert back to Commonwealth title. That is not the purpose. That is not desirable. Therefore, we would urge the deleat of the Saurman amendment.

The SPEAKER pro tempore. The Chair recognizes the gentleman, Mr. Saurman.

Mr. SAURMAN. Thank you, Mr. Speaker. I am really confused by the comments of the previous

speaker, who refers to the original intent o f this legislation. The amendment that I am offering refers to page 18 and is a section that was amended in committee. It has nothing to do with the original intent. Perhap7 the speaker is under some delusion and is looking at the wrong section, but this amendment refers to the specific section on page 18, section 9, and it has t o do with properties that were added in. I would respectfully ask that he look at that and see if in fact he might have been looking at the wrong section. Thank you, Mr. Speaker.

The SPEAKER pro tempore. The Chair recognizes the gentleman, Mr. Cowell.

Mr. COWELL. Mr. Speaker, 1 am under no illusion about the amendment or its effect. This bill, when it was originally introduced, had nothing to do with all these DER issues that we have been discussing for {he last half hour. It simply had to do with the authority of the Commonwealth to transfer to certain higher education institutions certain properties that were titled to the Commonwealth but in fact had been constructed by the Commonwealth and paid for by the C:ommon- wealth for the benefit of the higher cd institutions. The payoff has been completed. The title is still in the name of the Com- monwealth. The administration was interested in disposing of this property, getting rid of it once and for all, and giving it to the respective institutions for which it was originally intended.

Now, there have been some other provisions added to the legislation that expanded, if I recall. the orisinal provisionr to pertain to the State-rclated schools of Pcnn Stntc, Pitt,

Temple, and Lincoln, but again the issue is still the same. The Commonwealth wanted to get rid of this property, did not have any purpose in having its title continued in the name of the Commonwealth, and we d o not want t o create again a caveat that might at some future date have this transferred property revert back to State government. That is completely contrary to the purpose of the original legislation, and again I would urge defeat of the amendment.

The SPEAKER pro tempore. The Chair notes that the gentleman, Mr. Saurman, seeks recognition. However, the Chair notes that Mr. Saurman has spoken twice on the amendment.

The Chair recognizes the gentleman, Mr. Lee. Mr. LEE. Mr. Speaker, may I interrogate the prime

sponsor of this amendment? The SPEAKER pro tempore. The gentleman agrees to be

interrogated. The gentleman is in order. Mr. LEE. Mr. Speaker, I am still a bit confused regarding

the statement you had initially made and the statement that was made by Representative Cowell regarding your amendment and the initial intent of the bill. Could you just explain exactly what your amendment does so the rest of the members are clear on this issue. Thank you.

Mr. SAURMAN. Thank you, Mr. Speaker. I would like to read from the language: "Notwithstanding

the provisions of this act, including without limitation this article, or any other act to the contrary, the Department of General Services is authorized to convey, with the approval of the Governor, t o The Pennsylvania State University, the Uni- versity of Pittsburgh, Temple University or Lincoln Univer- sity any project which The General State Authority or the Department o f General Services constructed on behalf of the grantee . . . . I '

The reason for that language, Mr. Speaker, to clarify your question, is that these agencies were not able to purchase insurance to cover the property and therefore there was a real problem, and that problem is bcing solved by granting to them this property. All I am ~ay ing is that the normal procedure which is followed when we grant it to a municipality or to anyone else, if in fact the reason for that grant is no longer there, then the land comes back to the Statc. Thank you, Mr. Speaker.

The SPEAKER pro tempore. Does the gentleman, Mr. Godshall, seek recognition?

Mr. GODSHAI.1.. I would like to interrogate Representa- tive Saurman, please.

The SPEAKER pro tempore. The Chair recognizes thegentleman, Mr. Godshall. The gentleman, Mr. Saurman, con- cedes to interrogation. The gentleman is in order.

Mr. GODSHALL.. Thank you, Mr. Speaker. Mr. Speaker, is this reverter clause not common in all State

transactions? Mr. SAURMAN. It has been, to my recollection. 1 do not

know about every single one, but certainly it is a common clause that should be there if i t is not in all of them, as far as I am concerned.


Mr. GODSHALL. So really what you are trying to d o here is, it deals with insurance only and pertaining t o transfers for insurance reasons.

Mr. SAURMAN. That is the reason for the transfer initially. What 1 am trying to d o is protect the Commonwealth. Since we are doing it in order to allow that insurance t o be clarified, I would just like the Commonwealth to be protected t o reclaim that land as it is in other proceedings.

Mr. GODSHALL. That was my understanding of the legislation, and 1 would ask for a favorable vote on the Saurman amendment. Thank you.

On the question recurring, Will the House agree t o the amendment?


YEAS-1 16

Adolph Allen Anderson Angstadt Argall Armstrong Barley Battisto Birmelin Black Boyes Brown Bunt Bush Carlsan Cawley Cessar Chadwick Civera Clark Clymer Cornell COY DeWeese Davies Dempsey Dent Donatucci Durham

Acosta Arnold Belardi Belfanti Bishop Blaum Bawley Broujas Butkovitz Caltagirone Cappabianca Carn Carone Cohen Colafella Colaizzo Cole Carrigan Cowell DeLuca Daley

Fairchild Fargo Farmer Fleagle Flick Foster Freind Gallen Gamble Gannon Geisl George Gerlach Gladeck Godshall Gruppo Hagarty Harley Hasay Hayes Heckler Herman Hershey Hess Jadlowiec James Johnson Kenney King

Evans Fait Fee Freeman Gigliotti Gruitra Haluska Hanna Harper Hayden Hughes ltkin Jarolin Josephs Kaiser Kasunic Kosinrki Krebs Kruszewski LaGrotta Laughlin

Kukovich Langtry Lawless Lee Leh McCall McGeehan McHugh Maiale Marsico Merry Micozrie Murphy Nahill Nailor Nickol Noye Nyce O'Brien Olarz Olirer Perzel Petrane Phillips Piccola Pitts Raymond Reber Reinard

NAYS-82

Lescovitz Levdansky Lint an Lloyd Lucyk McHale McNally Markasek Mayernik Melio Michlovic Mihalich Mundy Perci Petrarca Pistella Preston Richardson Ritter Robinson Saloam

Ricger Roebuck Rudy Ryan Saurman Scheetz Schuler Semmel Serafini Smith, B. Smith, S. H. Snyder, D. W . Snyder, G . Stairs Strittmatter Taylor, E. Z. Taylor, I. Telek Tigue Tomlinson Trella Tulli Uliana Vance Vroon Wambaeh Wilson Wogan Wright. M. N

Scrimenti Staback Steelman Steighner Stetler Stish Stuban Sturla Surra Tangretti Taylor, F Thomas Trich Van Horne Veon Williams Wozniak Wright, D. R.

O'Donnell, Speaker

NOT VOTING-I

Dermody EXCUSED-2

Billow Mrkonic b

The question was determined in the affirmative, and the amendment was agreed to.

On the question recurring, Will the House concur in Senate amendments as amended?

REMARKS SUBMITTED FOR THE RECORD

The SPEAKER pro tempore. The Chair recognizes the gen- r tleman, Mr. Itkin.

Mr. ITKIN. Mr. Speaker, I have something t o introduce for the record regarding H B 2216.

The SPEAKER pro tempore. Does the gentleman seek formal remarks t o be added t o the record on H B 2216?

Mr. ITKIN. Yes. I have formal remarks for therecord. The SPEAKER pro tempore. The Chair recognizes the gen-

tleman, Mr. Itkin, for purposes of submitting remarks for the record.

Mr. ITKIN submitted the following remarks for the Legis- lative Journal:

Commonwealth of Pennsylvania Department of Environmental Resources

Office of Public Liaison Post Office Box 2063

Harrisburg, Pennsylvania 17105-2063

November 16, 1992

Mr. Richard Flati PA Electric Association 301 APC Buildine 800 North Third >treet Harrisburg PA 17102

Dear Mr. Flati:

As you are aware the need for an increase in the nuclear safety monitoring program fees has been a priority for the Department this session.

It appears however, that the consensus vehicle to increase the fee, HB 2789, will not reach the Governor's Desk before the sine die adjournment. Consequently, it has become necessary to accomplish the increase through HB 2216, an Administrative Code amendment. At this time, this is the only option available for keeping the program intact.

We view the placement of the nuclear monitoring fee Increase in the Administrative Code as a one time only occurrence, and we are committed to support an effort to change the fee provision to b

the more appropriate Radiation Protection Act during the 1993- 94 session.

Given the necessity for the increase in the nuclear facility fees and our commitment to amend the Act, we are asking for your support of the inclusion of nuclear facility fee increases in H B 2216. This will not apply to TMI-2 which will be listed as an

Sincerely, John W. Brosious Deputy Secretary t

for Public Liaison


The SPEAKER pro tempore. The question is, will the House concur in the amendments inserted bv the Senate as amended by the House?

Those voting to concur will vote "aye"; those voting to nonconcur will vote "no."

On the question recurring, Will the House concur in Senate amendments as amended? The SPEAKER pro tempore. Agreeable to the provisions

of the Constitution, the yeas and nays will now be taken.

Acosta Adolph Allen Anderson Angstadt Argall Armstrong Arnold Battisto Belardi Belfanti Birmelin Bishop Black Blaum Bowlev ~~, Boyes Broujos Brown Bunt Bush Butkovitz Caltagirone Cappabianca Carlron Carn Carone Cawley Cessar Chadwick Civera Clark Clymer Cohen Colafella Colaizro Cole Cornell Corrigan Cawell COY DeLuca DeWeese Daley Davies Dempsey Dent Deimody Donatucci

Durham Evans Fairchild Fajt Fargo Farmer Fee Fleagle Flick Foster Freeman Freind Gallen Gamblc Cannon Geist George Cerlach Gigliotti Gladeck Godshall Gruitra Gruppa Hagarty Haluika Hanna Harley Harper Hayden Hayes Heckler Hcrman Hershey Hcss Hughes lrkin Jadlowiec James Jarolin Johnson Josrphr Kaiser Kasunic Kenney Kosinski Krebs Kiusrewski Kukovich LaGrotta

Lanetry 1.aughiin Lee I , C S C O Y ~ ~ L L~vdansky Lint an Lloyd Lucyk McCall McGeehan McHale MtHugh McNally Maiale Markosek Marsico Mayernik Melio Merry Michlavic Micorrie Mihalich Mundv Murphy Nahill Nailor Nickol Noye Nyce O'Brien Olair Oliver Perzel Pesci Petrarca Petrone Phillips Piccola Pistella Pirts Preston Raymond Rcber Reinard Richardson Rieger Ritter Robinson

Roebuck Rudy Ryan Saloom Saurman Scheetz Schuler Scrimenti Semmel Smith, B. Snyder, D . W . Snyder, t i . Staback Stairs Strelman Steiehner

~~

Stetler Stish Striumatter Stuban Sturla Surra Tangretfi Taylor, E. Z. Taylor. F. Taylor, J. Telek Thomas Tigue Tomlinson Trelio Trich Tulli Uliana Van Horne Vancc Veon \'roo" Wambach Williams Wilson Wogan W o ~ n i a k Wright, D. R. Wright, M. N.

O'Donncll, Speaker

Barley King Leh Smith, S. H Haray Lawless Serafini

NOT VOTING-0

EXCUSED-2

Billow Mrkonic

The majority required by the Constitution having voted in the affirmative. the auestion was determined in the affirmative and the amendments as amended were concurred in.

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


The House proceeded to third consideration o f SB 1715, PN 2609, entitled:

An Act establishing the Port of Pittsburgh Commission; providing for its powers and duties; and making a repeal.

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

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

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

and nays will now be taken.

Acasta Adolph Allen Anderson Angstadt Argall ' Armstrung Arnold

1 Barley Battisto Belaidi Belfanti Birmelin Bishop Black Blaum Boulcy Boyer Braojas Brown Bunt Bush Butkovitz Calragirane Cappahianca Carlson Carone Cawley Cessar Chadwick Civcra Clark Clymer

Evans Fairchild Fajt Fargo Farmer Fee Fleagle Flick Foster Freeman Frcind Gallen Gamble Cannon tieist George Gerlach Gigliotti Gladeck Godshall Gruitra Gruppo Hagarty Haluska Hanna Harley Harper Hasay Hayden Hayes Heckler Herman Hershey

Langtry Laughlin Lawless Lee Leh I.escovil~ Levdansky Linton Lloyd Lucyk McCall McGeehan McHale McHugh McNally Maiale Markoxk Marsica Mayernik .Mvlelio Merry Michlovic 'Micozrie Mihalich Mund y Murphy Nahill Nailor Nickol Noye Nyce O'Brien Olasr

Roebuck Rudy Ryan Saloom Saurman Scheetz Schulei Scrimenti Semmd Serafini Smith, B. Smith. S. H . Snyder, D. W Snyder, G. Staback Stairs Steelman Steighner Stetler Stish Strittmatter Stuban Sturla Surra Tangretti Taylor, E. 2. Tavlor. F. Taylor, 1. Telek Thomas Tigue Tomlinson Trella

Cohen Hers Oliver Trich Colafella Hughes l'er7el Tulli Colairzo ltkin Pesfi Uliana Cole Jadlowiec Petrarca Van Horn? ~ ~~ ~~~~~

Cornell Jame5 Petronc Vancc Corrigan Jarolin Phillips Vean Cowell Johnson Piccala Vroon COY lr~sephs Pistclla Wambach DeLuca Kaiser Pitts Williamr De Weese Kasunic Preston Wilson IUaley Kenrley Raymond Wagan


N O T VOTING-I

Davies King Reber Wozniak Dempsey Kasinski Reinard Wright, D. K . Dent Krebs Richardson Wright, M. N . Dermody Kruazcwski Rieger Donatucci Kukovich Kilter O'Donnell, Durham I.aGiotta Robinson Speaker

NAYS-0

Billow Mrkonic

T h e majority required by the Constitution having voted in

Amend Sec. 102. page I , by inserting between lines 16 and 17 5 102. Definitions.

Subject to additional o r inconsistent definitions contained in subsequent provisions of this title that arc applicable to specific provisions o f this title, the following words and phrases when used in this title shall have, unless the content clearly indicates otherwise, the meanings given to them in this section:

* * * "Association." A corporation, a partnership, a business

trust or two or more persons associated in a common enterprise or undertaking. The term does not include a testamentary trust or an inter vivos trust as defincd in 20 Pa.C.S. 5 71 l(3) (relating to mandatory exercise of jurisdiction through orphans' court division in general).

* * *

URBAN AFFAIRS COMMITTEE MEETING 6 103. Subordination of title to rcgulatory laws. (a) Regulatory laws unafiected.-This title is not intended

the affirmative, the question was determined in the affirmative a n d the bill passed finally.

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

T h e SPEAKER pro tempore. For what purpose does the lady, Mrs. Harper , rtse?

Mrs. H A R P E R . Mr. Speaker, I would like t o call a meeting with the Urban Affairs Committee a t the call of the recess in room 302 in the South Office Building.

T h e SPEAKER pro tempore. T h e Chair thanks the lady.

" ~ ~ ~ i ~ ~ ~ ~ trust.u A subject to chapter 95 (relating b business trusts).

* * * "Internal Revenue Code of 19R6." The Internal Revenue

Code of 1986 (Public Law 99-514,26 U.S.C. 5 I el seq.). "Limited liability company." A limited liability company as

defined in section 8902 (relating to definitions). * * *

CONSIDERATION OF SB 1083 CONTINUED

O n the question recurring, Will the House agree t o the bill o n third consideration'! Mr. COY reoffered the following amendments No. A3922:

Amend Title, page I , line I, by inserting after "Titles" I (General Provisions),

Amend Sec. 101, page 1, line 7, by htriking our "101" and inserting

Amend Bill, page I, by inserting between lines 12and 13 Section 2. Amendment of Title I.

The introductory paragraph and the definition of "person" in section 1991 o f Title I of the Pennsylvania Consolidated Statutes are amended to read: 5 1991. Definitions.

The following words and phrases, when used in any stattlte finally enacted on or after September I , 1937, unless the context clearly indicates otherwise, shall have the meanings [ascribed] givento them in this section:

* * * "Person." Includes a corporation, partnership, [and associ-

Amend See. 102, page 1, line 13, by striking out "102" and inserting

?

Amend Sec. 102, page I, line 14, by inserting a comnia after ",(" . - Amend Sec. 102, page I , lines 14 and 15, by striking out "of

the Pennsylvania Consolidated Statutes,"

to authorizc any corporation or other association to d o any act prohibited by any statute regulating the business of the association or by any rule or regulation validly promulgated thereunder ~

by any department, board o r commission of this Commonwealth. Except as otherwise provided by tlie statutes and prescribed by the rules and regulations promulgated thereunder applicable to thc business of the association, the issuancs by the Department of State of any certificate evidencing the incorporation of a corporation o r tlie filing of an instrument with respect to or t h e e tion qualification of an associatiotl under this title or any amendment to its articles or certificate or other change in its status or other action under rhis title shall not he effective to exempt thc association from any of the requirements o f those statutes or rules and regulations.

* * * Amend Sec. 102 (Scc. 1103). page 4, line 2h, by inserting after

"changes)" with the approval of the shareholders

Arrrrnd Scc. 102, page 5, by inserting between lines 5 and 6 "Registered office." That office ~r~aintained by a corpora-

tion in this Commonwealth[, the address of which is filed with the Dcpartmenl o f State] as required by section 1507 (relating to rcg- istcred office). See section 109 (relating to nalrle o f commercial registered office provider in lieu of registered address).

* * * $ 1110. Annual report information.

Thc Department o f State shall make available as public information for inspection and copying the names of the president, vice-president, secretary and treacurcr and thr address of the principal office o f corporations for profit as annually forwarded t to the department by the Department of Rcvenue pursuant to section 403(a)(3) o f the act of March 4, 1971 (P.1.6, No.2). known as the Tax Reform Code of 1971

Arnend Sec. 102, page 6, by inserting bctwccn lines Ih and 17 $ 1504. Adoption, amendment and contents o f bylaws.

* * * (b) Exception.-Except as otherwise provided in section

1310(a) (relating to organilation meeting), o r in thc articles[,] to the extent authorized hy section 1306(b) (&ting to other provisions authoriz,cd), the board of directors shall not have the authority to adopt or change a bylaw on any subject that is c o n - - n~iited expressly to thc shareholders by any of thc provisions o f this subpart. Scs:


Subsection (d) (relating to amendment of voting provi- balance sheet as of the end of each fiscal year and a statement o f sions). income and expenses for the fiscal year. The financial statements

Section 1521 (relating to authorized shares). shall be nrepared on the basis of generally accented accounting

Section 1725 (relating to selectiotl of directors). Section 1726 (relating to removal of directors). Section 1729 (relating to voting rights of directors). Section 1756 (relating to quorum). Section 1757 (relating to action by shareholders). Section 1765 (relating to judges of election). Section 2105 (relating to termination of nonstock corpo-

ration status). Section 2122 (relatine to classes of membershio).

. . ~

dated statements of the corporation and one or more of its subsidiaries. The financial statements shall be mailed by the corporation to each of its shareholders entitled thereto within 120 days after the close of each fiscal year and. after the mailing and upon written requesl, shall be mailed by the corporation to any shareholder or beneficial owner entitled thereto to whom a copy of the most recent annual financial statements has not previously been mailed. Statements that are audited or reviewed by a public accountant shall be accomnanied bv the renort of the accountant: . ,

Section 2124 (relating to voting rights of members). ~n other cases, each copy shall be accompanied by a statement o f Section 2302 (relatine to definition of minimum vote). 1 ' the oerson in charee of the financial records o f the cornoration:

shareholders annual financial statements, including at least a

Section 2321 (relating to shares). Section 2322 (relating to share transfer restrictions). Section 2325 (relating to sale option of estate of share-

holder). Section 2332 (relating to management by shareholders). Section 2334 (relating to appointment of provisional

director in certain cases). Section 2337 (relating to option of shareholder to d i s

solve corporation). Section 2923 (relating to issuance and retention of

shares). * * * (d) Amendment of voting provisions.-

(I) Unless otherwise provided in a bylaw adopted by the shareholders, whenever the bylaws require for the taking of any action by the shareholders or a class of shareholders a specific number or percentage of votes, the provision of the bylaws setting forth that requirement shall not be amended or repealed by any lesser number or percentage of votes o f the shareholders or of the class of shareholders.

(2) Paragraph (1) shall not apply to a bylaw setting forth the right of shareholders to act by unanimous written consent as provided in section 1766(a) (relating to unanimous consent). Amend Sec. 102, page 7, by inserting between lines 21 and 22

5 1528. Shares represented by certificates and uncertificated shares.

* * * (f) Uncertificated shares.-The articles may provide that

any or all classes and series ofshares, or any part thereof, shall be uncertificated shares except that such a provision shall not apply to shares represented by a certificate until the certificate is surren- dered to the corporation. Within a reasonable time after the issuance or transfer of uncertificated shares, the corporation shall send to the registered owner thereof a written notice containing the information required to be set forth or stated on certificates by subsections (c) and (d). Except as othcrwise expressly provided by law, the rights and obligations of the holders of shares represented by certificates and the rights and obligations of the holders of uncertificated shares of the same class and series shall be iden- tical. See section 2321(a) (relating to uncertificated shares prohib- iled). 5 1530. Preemptive rights of shareholders.

a * * (b) Cross [reference] references.-See [section]

1525(e) (relating to shares subject to preemptive rights) and 2321(b) (relating to preemptive rights). 6 1554. Financial reoortr to shareholders. , . ~ ~ ~ ~

of directors. iiiil The adootion, amendment or reneal of the

- ( I ) Staring his reasonable belief as to whether or not the

financial statements were prepared in accordance with generally accepted accounting principles and, if not, describing the basis of presentation.

(2) Describing any material respects in which the financial statements were not prepared on a basis consistent with thore prepared for the previous year. * * * (d) Exception.-Subsection (a) shall not apply to a corpora-

tion that is required by law to file financial statements at least once a year in a public office.

[(d)] (e) Certain provisions of articles ineffective.-This section may not be relaxed by any provision of the articles.

[(e)] (f) Cross references.-See section 2511 (relating to financialreports to shareholders) and 42 Pa.C.S. 5 2503(7) (relating to right of participants to receive counsel fees).

Amend Sec. 102, page 8, by inserting between lines 2 and 3 5 1704. Place and notice of meetings of shareholders.

* * * (b) Notice.-Written notice of every meeting of the share-

holders shall be given by, or at the direction of, the secretary or other authorized person to each shareholder o r record entitled to vote at the nieeting at least:

( I ) ten days prior to the day named for a meeting [called to] that consider a fundamental change under Chapter I9 (relating to lulidamental changes); or

(2) five days prior to the day named for the meeting in any other case.

If the secretary or other authorized person neglects or refuses to give notice o f a meering, the person or persons calling the meeting may do so.

* * * Amend Sec. 102, page 8, by inserting between lines 21 and 22

5 1731. Executive and other committees of the board. (a) Establishment and powers.-Unless otherwise restricted

in the bylaws: (1) The bylaws or the board of directors o f a business

corporation may[, by resolution adopted by a majority of the directors in office,] establish one or more committees to consist of one or more directors of the corporation.

(2) Any committee, to the extent provided in the resolution X r h e board of directors or in the bylaws, shall have and may excrcise all o f the powers and authority of the board of directors except that a committee shall not have any power or authority as to the following:

(i) The submission to shareholders of any action requiring approval o f shareholders under this subpart.

liil The creation or filline of vacancies in the board

bylaws.


(iv) The amendment or repeal of any resolution of the board that by its terms is amendable or repealable only by the board.

(v) Action on matters committed by the bylaws o r resolution of the board of directors to another committee of the board. [(Z)] @ The board may designate one or more direc-

tors as alternate members o f any committee who may replace anv absent o r disaualified member a t anv meeting of the com-

* * * 5 1922. Plan of merger or consolidation.

(a) Preparation of plan.-A plan o f merger or consolidation, as the case may be, shall be prepared, setting forth:

* * * b

(3) The manner and basis of converting the shares of each corporation into shares or other securities o r obligations o f the surviving or new corporation, as the casc may be, and, if anv of the shares of anv of the cornorations that are narties

~~~~~ ~ ~~ ~

alternate member or members of a committee, the member or members thereof present at any meeting and not disqualified from voting, whether o r not he or they constitute a quorum, may unanimously appoint another director to act at the meeting in the place o f the absent or disqualified member. * * I

Amend Sec. 102, page 9, by inserting between lines 19 and 20 5 1756. Quorum.

* * * (b) Exceptions.-Unless otherwise provided in a bylaw

adopted by the shareholders, those shareholders entitled to vote who attend a meeting of shareholders:

( I ) [Those shareholders entitled to vote who attend a meeting called for the election of directors] At which directors are to be elected that has been previously adjourned for lack o f a quorum, although less than a quorum as fixed in this section or in the bylaws, shall nevertheless constitute a quorum for the purpose o f electing directors.

(2) [Those shareholders entitled to vote who attend a meeting of shareholders that] That has been previously adjourned for one o r more periods aggregating at least 15 days because of a n absence of a quorum, although less than a quorum as fixed in this section o r in the bylaws, shall ncver theless constitute a quorum lor the purpose of acting upon any matter set forth in the notice o f the nlecting if the notice states that those shareholders who attend the adjourned meeting shall nevertheless constitute a quorum for the purpose of acling upon the matter. * * *

5 1766. Consent of shareholders in lieu o f meeting. * * I

(b) Partial written consent.-If the [the] bylaws so provide, any action required or permitted to be taken at a meeting of the shareholders o r o f a class o f shareholders may be taken without a meeting upon the written consent o f shareholders who would have been entitled to cast the minimum number o f votes that would be necessary to authorize the action at a meeting al which all shareholders entitled to vote thereon were present and voting. The consents shall be filed with the secretary o f t h e corporation. [The action]

(c) Effectiveness o f action by partial written consent.-An action taken pursuant t o subsection (b) shall not become effective until after at least ten days' written notice of the action has been given to each shareholder entitled to vote thereon who has not consented thereto. This subsection may not be relaxed by any provision o f the articles.

(d) Cross reference.-See section 2524 (relating to consent of shareholders in lieu of meeting). 5 1913. Notice of meeting of shareholders.

(a) General rule.-Written notice of the meeting of s h a r e holders of a business corporation [calletl for the purpose of considering] that will act on the proposed amendment shall be givcn to each shareholder entitled to vote thereon. There shall be included in, o r enclosed with, the notice a copy o f t h e proposed amendment o r a summary o l the changes to be effected thereby and, if Subchapter D o f Chapter 15 (relating to dissenters rights) is applicable, a copy o l t h a t subchapter.

- viving or new corporation. Ihc shares or other securities or obligations of any other person or cash, property or rights that the holders of such shares are to reccivc in exchange for, o r upon conversion of , such shares, and the turrender of any certificates evidencing them, which securities or obligations, if any, of any other person or cash, property o r rights may be in addition to or in lieu oS the shares or other securities or obligations o f t h e surviving or new corporation.

* * * (d) Party to plan or transaction.-A corporation, partner-

ship, business trust o r other association that approves a plan in its capacity as a shareholder or creditor of a merging o r consolidating corporation, or that furnishes all or a part of the consideration contemplated by a plan, does not thereby become a party to the plan or the merger o r consolidatiort for the purposes of this subchapter. S 1923. Noticeofmeetingofshareholders.

(a) General rule.-Written notice of the meeting of shareholders [called for the purpose o f considering] that will act ott the proposed plan shall be given to cach shareholder of record, whether or not entitled to vote thereon, of each domestic business corporation that is a party to the [plan] mergcr or consolidation. There shall be included in, o r crlclosed with, the notice a copy o f the proposed plan or a summary thereof and, if Subchaptcr D of Chapter I5 (relating to dissenters rights) is applicable to the holders of sharcs of any class or series, a copy of that subchapter and of section 1930 (rclating to dissenters rights) shall be furnished t o the holders of shares o f that class or series.

* I *

Arnend Scc. 102 (Sec 1924). page 9, line 21, by striking out all of said line and inserting

(a) General rule.-The plan of merger o r onso solid at ion shall be adopted upon receiving the affirmative \,ore of a majority of the votes cast by all shareholders entitled to vote thereon o f each of the domestic business corporations that is a party to the [plan] mcrger or consolidation and, if any class or series of shares is cntitled to vote thereon as a clasc, the affirmative bate of a majority o f the votes cast in each class vote. The holders o f any class or series of shares o f a domestic corporatio~l that is a party to a [plan] mergcr o r consolidation that elfecrs any change in the articles of the corporation shall he entitled to vote as a class on the plan if they would have been entitled to a class vote under the provisions of section 1914 (relating to adoptiott of amendments) had the change been accon~plished under Subchaptcr H (relating b to amendment of articles). A proposed plan o f merger or consolidation shall not he deemcd to have been adopted by the corporation unlcrs i t has also been approbed by thc hoard o f directors, rcgardlrsc of the lact that the board has directed or suffcrcd thc submission o f the plan to thc sharcholdcrs for action.

Amend Sec. 102 (Scc. 1924), page 9, line 30, by inserting brackets before and after "plan" and inserting i~ntncdiatcly thereafter

merger or consolidation Amend Sec. 102, page 10, by inserting hctween lines h and 7

$ 1926. Articles of~rlerger or consolidation. t

Upon the adoption of the plan of )merger or co~tsolidation by the corporation< desiring to rncrgc o r con$olidatc, as providcd in


this subchapter, articles of merger o r articles of consolidation, as the case may be, shall, cxccpt as provided by section 1924(b)(3) (relating to adoption by board o f directors), be executed by each corporation and shall, subject to section 109 (relating to narne o f commercial registered office provider in lieu of registered address), set forth:

* * * (2) The name and address, including street and number,

if any, o f the registered office of each other domestic business corporation and qualified foreign business corporation that is a party to the [plan] merger or consolidation.

i (i * (4) The manner in which tlle plan was adopted by each

domestic corporation and, if one or more foreign corporations arc partics to thc [plan] tnergcr o r consolidation, the fact that the plan was authori7ed. adopted or approved, as the case may he, by each of the foreign corporations in accordancc with the laws of the jurisdiction in which i t is incorporated.

11 * 5 1929. Eflect o f merger or con,olidation.

(a) Single surviving o r new corporation.-Upon the merger o r consolidation becoming cffcctivc, the scvcral corporations parties to the [plan of] merger or consolidation shall hc a single corporation which, in the case of a merger, shall he the corporation designated in the plan of nierger as the surviving corporation and, in the case of a consolidation, ihall bc thc ncw corporation provided lor in the plan of consolidation. The separate cxisrc~lce o f all corporations parties to the [plan 011 merger o r consolidation shall cease, cxccpt that of the surviving corporation, in the case o f a mcrgcr. The surviving or new corporation, as the case may be, if it is a domestic business corporation, shall not therrhy acquire authority to engage in any business o r exercise any right that a corporation may not hc incorporated under this subpart to engage in or exercise.

(b) Property rights.-All the property, real, personal and mixed, and franchises o f each of rhe corporatioris parties to the [plan of] rrierger o r consolidation, and all debts due on whatever account to any of theni, including sub,criptions fnr shares and other clioces in action belonging to any of rhem. shall be dcemcd to bc transferred to and vested il l the surviving or new corporation, as thr tax may bc, without further action, and the title to any rcal estate, or any interest thercin, vested in any of the corporations shall not revert o r be in any way impaired by reason of the mcrger or consolidation. Thc surviving o r new corporation shall thcnccforth be responsible for all the liabilities ofcach of the corporations so merged o r conholidated. Liens upon thc property o f the merging or consolidating corporatio~is shall not be impaired by thc merger o r consolidation and ariy claim existing or action or proceeding pc~idirig by or against any of the corporations may be prosccutcd to judgment 3s if thc merger or consolidation had not taken place or the surviving or new corporation may be pro^

ceeded against or subt i toted in its place. * * *

5 1930. Disscntcrs righf. (a) General rule.-If any sharcholdcr of a domestic business

corporation that [bucomo] is to be a party to a merger or con\oli- -- dation p u r s u a n w plan of merger or consolidation objects to the plan of merger or consolidation and coniplies with rhc provisions of Subchapter D of Chapter 15 (relating to disscntcr, rights), thr ihaleholdcr \hall hr entitled to the rights and remedies of dissenting shareholders thcrcin probidcd, i f any. See also section 190h(c) (relating la dissmtcrs [right] r&& upon special treatment).

(b) I'lanh adopted by directors only.-Except as otherwise provided pursuant to section 1571(c) (relating to grant ofoptiorial dissenters rights), Subchaptcr D of Chapter I5 shall not apply lo any o f the \hares of a corporation that is a party to a [plan of]

merger o r consolidation pursuant to section 1924(b)(l)(i) (relating to adoption by boardof directors).

* * * Amend Sec. 102 (Sec. 1932), page I I , line 5, by inserting after

"shall" also

Amend ~ a 0 2 , page 12, by inserting between lines 16 and 17 S 1957. Effect of division.

* * * (b) Property rights.-

( I ) (i) All the property, real, personal and mixed, and franchises of the dividing corporation, and all debts due on whatever account to it, including subscriptions for shares and other chores in action belonging to it, shall (except as otherwise provided in paragraph (2)), to the extent transfers of assets are contemplated by the plan of division, be deemed without further action to be transferred to and vested in the resulting corporations on such a manner and basis and with such effect as is specified in the plan, or per capita among the resulting corporations, as tenants in common, if no specification is made in the plan, and the title to any real cstate, or interest therein, bested in any o f the corporations shall nut revert or be in any way impaired by rcason of the division. [The]

(ii) Upon the division becoming effective, the resulting corporations shall each thenceforth be responsible as separate and distinct corporations only for such liabilities as cach corporation may undertake o r incur in its own namc but shall bc liable [inter se] for the liabilities o f the dividing corporation in the manner and on the basis [spccificd in the plan of division] provided in sub- paragraphs (iv) and (v) .

(iii) Liens upon the property of the dividing corporation\hall not be impaired by rhe division.

(iv) One o r more. but less than all, of the resulting corporations shall bc free of the liabilities of the dividing corporation to the extent, if in)., specified in the plan, i f no fraud of corporate creditors. or o f minority shareholders o l sharcholdcrs without wt ing rights o r violation of la \u shall be effected tli-rchy, and i f all applicable provisions o l 13 1'a.C.S. Iliv. 6 (relating to bulk transfers) and all other applicahle provisions o f law are complied with. [Othrrwisc,]

(v) If the conditions in subparagraph (iv) for freeing one or more of the resulting corporations from the liabilities o f the dividing corporation are not satisfied, the [liability] liabilities of the dividing corporation shall not be affcctcd by the division nor shall the rights of creditors thereof or of any person dealing witli the corporation be impaired by the division and[, exccpt as otherwise provided in this section,] any claim cxisring o r action or proceeding pending by or against the corporation may be prosecuted to judgment as if the division had not taken placc, or the resulting corporations may be proceeded against o r substituted in its place as joint and several obligors on such liability, regardless o f any provision o f the plan o f division apportioning the liabilities o f the dividing corporation. (2) ( i ) The transfer of any fee o r freehold interest or leasehold having a remaining term of 30 years or more in any tract o r parcel of real property situate in this Com- monwealth owncd by a dividing corporation (including property owned by a foreign business corporatiori dividing sillcly under the law o f another jurisdiction) to a new corporation resulting from the division shall not be effec- ti\.e l lr l t i l one o f the followir~g documents is filed in the office for the recording of deeds of the county, o r each of them, in which the tract o r parcel is situated:


. . to the person for whom the professio~ial services were being rm- dered.

(c) Liability of corporation.-The professional corporation shall be liable up to the full value o f its property fur any negligent

whose individual name or names appeared in the name of the predecessor. The name may also contain:

( I ) the word "and" o r any symbol or substitute therefor;

(2) the word "associates"; (3) the term "P.C."; or (4) any o r all of the words o r terms in paragraphs (I),

(2) and (3). 5 2923. Issuance and retention of shares.

* * * (c) Interstate application.-Where [the activities in this

Commonwealth of] a person who is a licensed person under the laws of another jurisdiction engages in activities in this Commol l wealth that would be unlawful unless that person were also a licensed person under the laws o r this Commonwealth, shares of a professional corporation shall not be issued to o r retained by or on behalf of him unless he is also a licensed person under the laws of this Commonwealth. Except as provided in the preceding sentence, this chapter shall not be construed to require that any pro- portion or number of the holders or beneficial owners of a professional corporation who are licensed persons shall be licensed persons under the laws o i th i s Commonwealth. 5 2925. Professional relationsllip retaincd.

* * * (b) [Liability] Professional liability unaffected.-Any

officer, shareholder, employee o r agent of a professional corporation shall remain personally and fully liable and accountable for any negligent o r wrongful acts or misconduct committed by him or by any person under his direct supervision and control while rendering professional services on behalf of the cor~ora t ion

"Registered office." That office maintained by a corpora-

The following provisions of this subpart shall, except as otherwise provided in this section, be applicable to every foreign corporation for profit, whether o r not required to procure a certificate of authority under this chapter:

* * * Subchapter F of Chapter 25 (relating to business combi-

nations), to the extent provided in section [2551(d)] 2551(c) (relating to continuing applicability).

5 5103. Definitions. Subject to additional definitions contained in subsequent pro-

visions of this subpart that are applicable to specific provisions o f this subpart, the following words and phrases when used in this subpart shall have the meanings given to them in this section unless thecontext clearly indicates otherwise:

* * * "Dissolve" o r "dissolution." The termination of corporate

cxistcnce cffectcd by: ( I ) filing of articles of dissolution in the department

under this subpart by the corporation o r by the office of the clerk of the court of common pleas;

(2) expiration o f the term of existence of a corporation by reason of any limitation contained in its articles;

(3) f o r l e i t ~ ~ r e by proclamation of the Governor under section 1704 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, o r otherwise;

(4) filing o f a certified copy o f a decree of dissolution in the department under the supplement of April 9, 1856 (P.L.293, No.308), entitled "Supplement to the acts relating to incorporations by the Courts of Common Pleas," or otherwise; o r

or wrongrul acts or misconduct committed by any o f its offi&rs, Commonwealth[, the address of which is filed the shareholders, employees o r agents while they are engaged on of State or which was recorded in the office of the behalf of the corporation in rendering professional services.

(d) Liability of shareholders.-Unless otherwise provided in its articles, shares of a professional corporation shall be nonas- sessable and a holder o r owner of shares of a professional corporation shall not be under anv liabilitv to the nrofessional cornoration [or any creditor thcreofl with respect to the shares. or owner of shares of a professional corporation shall not be under any liability to any creditor thereof except as provided in subsection (h).

[(c)] (e) Disciplinary jurisdiction unaffected.-A professional corporation shall be subject to thc applicable rules and regulations adopted by, and all the disciplinary powcrs of , the court, department, board, commission o r other government unit regulating the profession in which the corporation is engaged. The court, department, board or othcr government unit may require that a professional corporation include in its articlcs provisions that conform to any rule o r regulation heretofore or hereafter promulgated for the purpose of enforcing the ethics of a profession, but, unless otherwise provided by statute, a rule o r regulation shall not require the issuance by the corporation of assess- able shares or require the inclusion of any provision in the articles that is inconsistent with the provisions of Article B (relating to domestic business corporations generally) as modified by this chapter. This chapter shall not affect or impair the disciplinary powers of the court, department, board, commission o r other government unit over licensed persons or any law, role or regulation pertaining to the standards for professional conduct of licensed persons o r to the professional relationship bctwccr~ any licensed person rendering professional services and the person receiving professional services. $ 4146. Provisions applicable to all foreign corporations.

rccurder o f deeds in the manner formerly required by statute.]

5 51 10. Annual report. * * * (b) Application.-This section ?hall apply to every:

( I ) domestic nonprofit corporation that has been incorporated after December 31, 19721, or];

(2) domestic nonprofit corpora?ion that has made any filing under the Nonprofit Corporation Law of 1933 in the Department of State as amended by the act o f June 19, 1969 1P 1 R6 No 71) . \ . . - . . , . . . - . , ,

(3) domest~c nonprofit corporation that has filed a ?tatement o f summary o f record with the Department of State after December 31. 1972: and

[(2)1(4) qualified foreign nonprofit corporation. * * *

5 5704. Place and notice of meetings of members. * * * (b) Notice.-Written rlotice of every meeting o f the

members shall be given by, o r at the direction of, the secretary or othcr authorized person to each member of record entitled to vote at the meeting at least:

(1) ten days prior to the day namcd for a meeting [called to] that consider a fundamental change under Chapter 59 (relating t o fundamental changes); o r

(2) five days prior to the day namcd for the meeting in any other case.

11 the secretary or other authorized person neglects or refuses to givc noticc o f a meeting, the perbon or persons calling the meeting !nay d o so.


* * * Amend Sec. 102 (Sec. 5743), page 29, line 3, by inserting

before "To" (a) General rule.-

Amend Sec. I02 (Sec. 5743), page 29, by inserting betwecn lines I0 and I I ~~~~~ ~

(b) Cross reference.-See section 6145 (relating to applicability of certain safeguards to foreign corporations).

Amend Sec. 102, page 29, by inserting between lines 28 and 29 5 5972. Proposal of voluntary dissolution.

(a) General rule.-Any nonprofit corporation lhat has commenced business mav lelect to1 dissolve voluntarilvl.l in the . . . manner provided in this subchapter and wind up its affairs in the manner provided in [this subchapter.] section 5975 (relating to predissolution provision for liabilities) or Subchapter H (relating to postdissolution provision for liabilities). Voluntary dissolution shall be proposed by:

(1) the adomion by the board of directors or other body of aresolution ;commending that the corporation be dissolved voluntarily;

(2) petition of members entitled to cast at least 10% of the votes that all members are entitled to cast thereon, setting forth a resolution recommending that the corporation be dissolved voluntarily, which petition shall be directed to the board of directors and filed with the secretary of the corporation; or

(3) such other method for proposing or adopting a resolution recommending that the corporation be dissolved voluntarily as may be provided in the bylaws.

~ h e x l u t i o n shall contain a statement either that the dissolution shall proceed under section 5975 or that the dissolution shall proceed under Subchapter H.

* * * (c) Cross reference.-See section 5974(e) (relating to amend-

ment of winding-up election). 5 5973. Notice of meeting of members.

(a) General rule.-Written notice of the meeting of members [called for the purpose of considering] that will consider the advisability of voluntarily dissolving [the] a nonprofit corporation shall be given to each member of record entitled to vote thereon and the purpose shall be included in the notice of the meeting.

* * * 5 5974. Adoption of proposal.

* * *

Predissolution provision for liabilities. (a) Powers of board.-The board of directors or other body

of a nonprofit corporation shall have full power to wind up and settle the affairs of a nonprofit corporation [in the event of a voluntary dissolution proceeding.] in accordance with this section prior to filing articles of dissolution in accordance with section 5977 (relating to articles of dissolution).

* * *

(I) all liabtlitics of the nonprofit corporation have been dl\ch%eed. or adeauate orovision has been made thercfor. in

poration have been distributed as provided in [this subchapter,] section 5975 or in case its assets are not sufficient to dis- t

charge its liabilities, when all the assets have been fairly and eauirablv anolicd. as far as thev will 20, to the navment of . . s;ch l i a d i l i t ~ e s [ , ] ~

(2) an election to proceed under Subchapter H (relating to postdissolution provision for liahilities) has been made.

See section 134 (relating to docketing statement). (b) Contents of articles.-The articles o f dissolution shall be

executed by the corporation and shall set forth: ( I ) The narr~e of the corporation and, subject to section

109 (relating to name of commercial registered office provider in lieu of registered address), the address, including strcet and number, if any, of its registered office.

(2) The statute under which the corporation was incorporated and the date of incorporation.

(3) The natnes and respective addresses, including street and number, if any, of its directors and officers.

(4) The manner in which the proposal to dissolve voluntarily was adopted by thc corporation.

(5) A statement: (i) that all liabilities of the corporation have been

discharged or that adequate provision has been made therefor; or

(i i ) that the assets of the corporation are not sufficient to discharge its liabilities, and that all the assets of the corporation have been fairly and equitably applied, as far as they will go, to the payment of such liabilities.

An election by the corporation to proceed under Subchapter H [(relating to postdissolution claims)] shall constitute the makine of adeauate nrovision for the liabilities of the corooration, including any judgment or decree that may be obtained against the corporation in any pending action or proceeding.

(6) A statement: , . (i) that all the remaining assels of the corporation,

if any, have been distributed as provided in the Nonprofit Corporation Law of 1988; or

(ii) that the corporation has elected to proceed under Subchapter H and that any remaining assets of the cor~oration will be distrihuted as provided in that subchapter. (7) A statement that no actions or proceedings are

pending against the corporation in any court, or that adequate provision has been made for the satisfaction of any judgment or decree that may be obtained against the corporation in each pending action or proceeding.

(8) A statement that notice of the winding-up proceedings of the corporation was mailed by certified or registered mail to each known creditor and claimant and to each municipal corporation in which the registered office or principal t place of business of the corporation in this Commonwealth is located. [(b) Filing.-The articles of dissolution and the certificates

or statement required by section 139 (relating to tax clearance of certain fundamental transactions) shall be filed in the Depart- ment of State. See section 134 (relating to docketing statement).]

* * * 5 5977. Articles of dissolution. I 5 5978. Winding up of corporation [upon the expiration of its

(a) [Preparation of articles.-When] General rule.-Articles of dissolution and the certificates or statement required by section 139 (relating to tax clearance of certain fundamental transactions) ahall be filed in the Department of State when:

period of duration] after dissolution. (a) Winding upand distribution.-Every nonprofit corpora-

tion that is dissolved by expiration of its period of duration - otherwise - shall, nevertheless, continue to exist for the purpose of winding up its affairs, pros~.cuting and defending actions or pro-

1992 LEGISLATIVE

ceedings by or against it, collecting and discharging obligations, disposing o f and conveying its property and collecting and dividing its assets, but not for thc purpose of continuing business except insofar as necessary for the winding up o f the corporation. The board o f directors or other body of the corporation [shall] may continue as such and shall have full power to wind up the affairs of the corporation.

(b) Standard o f care o f directors, members o f an other body and officers.-The dissolution o f the corporation shall not subject its dircctors, members o f an other body or officcrs t p standards of conduct different from those prescribed by or porsuant to Chapter 57 (relating to officers, directors and members). 5 5979. Survival of remedies and rights after dissolution.

* * * (b) Rights and assets.-The dissolution of a nonprofit cor-

poration shall not affect the limited liability of a member of the corporation theretofore existing with respect to transactions occurring or acts o r omissions done o r omitted in the name of or by the corporation except that, subjcct to [section 5998 (relating to liability o f members)] subsection (d) and 5ections 5992(d) (relating to claims barred) and 5993(b) (relating to claims barred), il applicable, each membcr shall be liable for his pro rata portion o f the unpaid liabilities o f the corporation up to the amount of the net assets o f the corporation distributed to the member in connection with the dissolution. Should any property right of a corporation be discovered after the dissolution of the corpora tion, the surviving member o r members of the board of directors or other body that wound up the affairs o f the corporation, or a receiver appointed by the court, shall have authority to cnforce the property right and to collect and divide the asscts so discovered among the persons entitled thereto and to prosccutc actions or proceedings in the corporate name of the corporation. Any assets so collected shall he distributed and disposed o f in accordance with thc applicable order o f court, if any, and otherwise in -

accordance with this subchapter. (c) Liability o f members.-A member o f a dissolved non-

profit corporation, the assets o f which wcrc distributed under section 5975(c) (relating to winding 11p and distribution) o r 5997 (relating to payments and distributions), shall not be liable for any claim against the corporation in an amount in excess of the member's pro rata share o f the claim or thc amount so distributed to thc member, wliichever is less. The aggregate liability o r any member o f a dissolved corporation for clainis against the dissolved corporation shall not cxcced the amount distributed to the member in dissolution.

(d) Limitation of actions.-A member o f a dissolved corporation, the assets of which were distributed under section 5975(c) o r 5997(a) through (c), shall not be liable for any claim against the corporation on which an action is not commenced prior to the expiration of the period specified in subsection (a)(2). 5 5985. Liquidating receiver.

Upon a hearing [and proof of the issues], after such noticc as the court may direct to be given to all parties to thc proceeding, and to any other parties in interest designated by the court, the court may appoint a liquidating receiver with authority to collect the assets o f the corporation[, including all amounts owing to thc corporation by members on account of any unpaid portion of the consideration for memberships. Such]. liquidating receiver shall have authority, subject to the order o f the court, to dispose of all or any part o f the assets of the corporation wherever sit- w, either at public or private sale. The assets o f the corporation, o r the proceeds resl~lting irom a disposition thereof, shall bc applied to the expenses of [such] & liquidation and to the payment of the liabilities o f the corporation, and any remaining assets or proceeds shall be distributed by the court in the manner provided by [Subchapter F (relating to volurltary dissolution and winding up).] section 5975(c) (relating to winding up and distrihu- tion). The court may direct that any o r all o f the provisions o f

JOURNAL-HOUSE 1917

Subchapter H (relating to postdissolution provision for liabilities) shall apply. The order appointing [such] liquidating receiver shall state his powers and duties. [Such] The powers and duties may be increased o r diminished at any time during the proceedings. A receiver of a corporation appointed under this section shall have authority to sue and defend in all courts in his own name as receiver of [such] corporation. The court appointing [such receiver may issue writs in favor of such receiver to the sheriff of any county in this Commonwealth for service.] receiver shall have exclusive jurisdiction o f the corporatioti and its property wherevcr situated.

SURCHAPTER H POSTDISSOLUTION [CLAIMS] PROVISION FOR LIABILITIES

5 5991. [Definition ofsucccssor entity] Definitions. [As uscd in this subchapter, the term "successor entity"

includes] The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Contractual claims." Excludes contingent contractual claims based on any implied warranty as t o any product manufac- tured, sold, distributed or handled by the dissolved corporation.

"Priority." Ilocs not refer either to the order o f payments set for th in section 5997(a)(l) through (4) (relating to payments and distributions) o r to the relative times at which any claims mature or arc reduced to judgment.

"Successor entity." Includo any trust, receivership or other legal entity governcd by the laws of this Commonwealth or any other jurisdiction to which the remaining assets of a dissolved nonprofit corporation are transferred subject to its liabilities and which exists solely for the purposes of prosecuting and defending actions, by or againct the corporation, enabling the corporation to scttlc and close its business, to dispose o f and convey the property of the corporation, to discharge the liabilities of the corporation, and to distribute to the members of ihe corporation any rctnaining assets, but not for the purpose of continuing the business for which the corporation was incorporated. $ 5992. Notice to claimants.

(a) General rule.-After a nonproiit corporation elected to proceed under this subchapter has been dissolved in accordance with [the procedures set forth in this chapter] rection 5977 (relating to articles o f dissolution), the corporation or any successor entity [may] give notice o f the dissolution request- ing all persons having a claim against the corporation to present thcir clairns against the corporation in accordance with the notice. The notice shall state:

( I ) That all claims must be presented in writing and must contain sufficient information reasonably to inform the corporation o r successor entity o f the identity o f the claimant and the substance of theclaim.

(2) The mailing address to which a claim must be sent. (3) The [date by which a claim must be received by the

corporation o r successor entity, which date] deadline, which shall be not less than 60 days after the date the notice is given[.], by which thc corporation o r successor entity must receive the claim.

(4) That the claim will he barred if not received by the deadline. -

[(4)1(5) That the corporation o r a successor entity may make distribution to other claimants and the members o f the corporation or persons interested as having been such without further notice to the claimant. (b) Unmaturcd contractual claims.-The corporation or

succesor entity electing to follow the procedures specified in [subsection (a)] this subchapter shall also give notice of the dissolution o f the corporation to persons with contractual claims eon- tingent upon the occurrence o r nonoccurrence o f future events or otherwise conditional or unmatured and shall request that such

rejection notice. 6 5994. Dis~osi t ion of unmatured claims


" (a) Coniractual claims.-The dissolved nonprofit corporation o r successor entity shall offer any claimant whose - t& claim made pursuant to section 5992 (relating to notice to claimants) is contingent, conditional o r unmatured, such security as the corporation o r successor entity determines is sufficient to provide compensation to the claimant if the claim matures. The corporation or successor entity shall [mail] & t h e offer to the claimant by [registered or] certified or registered mail, return receipt requested, within 90 days after receipt of the claim and, in all events, a t least 30 days before the expiration of the two-year period specified in section 5979(a)(2) (relating to survival of remedies and rights after dissolution). A notice sent pursuant to this section shall include o r be accompanied by a copy of this subchapter and o f section 5979. If the claimant offered the security does not deliver t o the corporation or successor entity a written notice rejecting the offer within 60 days after mailing of the offer for security, the claimant shall be deemed to have accepted the security as the sole source from which to satisfy his claim against the corooration.

persons present their claims in accordance with the terms o f the notice. The notice shall be in substantially the form specified in subsection (a).

(c) Publication and service of notices.-

QJ The notices required by this section shall be offi- cially published at least once a week for two consecutive weeks.

(2) Concurrently with or preceding the publication, the corp&ation o r successor entity shall [mail] & a copy of the notice by [registered or] certified o r registered mail, return receipt requested, to each [known claimant of the corporation.11

(i) known creditor o r claimant; (ii) holder o f a claim described in subsection (b);

and - (iii) municipal corporation in which the registered office o r principal place o f business of the corporation in this Commonwealth was located at the time o f filing the articles of dissolution in the department.

(d) Claims barred.-A claim against a dissolved corporation is barred if a claimant who was given written notice under subsection (c)(2) does not deliver the claim to the dissolved corporation or successor entity by the deadline. 5 5993. Acceptance o r rejection of matured claims.

(a) Notice.-A dissolved nonprofit corporation o r successor entity may reject, in whole or in part, any matured claim made by a claimant pursuant to section 5992 (relating to notice to c la im ants) by [mailing] sending notice of the rejection by [registered or] certified or registered mail, return receipt requested, to the claimant within 90 days after receipt o f the claim and, in all events, at least 30 days before the expiration of the two-year period specified in section 5979(a)(2) (relating to survival of remedies and rights after dissolution). A notice sent pursuant to this section shall include o r be accompanied by a copy of this subchanter and o f section 5979.

(b) Other claims.-Except as provided in section 5997(d) (relating to liability o f directors), the holder of any other claim may bring an action against the dissolved corporation or its directors, members of an other body, officers or members wilhin the time limited by section 5979(a). 5 5995. Court proceedings.

5992 (relating to notice to claimants) shall file an application with the court for a determination of the amount and form o f security:

- (I) that will be sufficient to provide compensation to[: (1) Claimants whose matured claims are known to the

corporation or successor entity but whose identities are unknown. t

(2) Any] any claimant who has rejected the offer for security made pursuant to section 5994 (relating to disposition of unmatured claims)[.]&

(2) that will be reasonably likely to be sufficient to provide compensation for claims that have not been made known to the corporation or that have not arisen but that, based on the facts known to the corporation o r successor entity, are likely to arise or to become known to the corporation o r successor entity prior to the expiration of the two-year period specified in section 5979(a)(2) (relating to survival o f remedies and rights after dissolut~on). (b) Guardian ad litem.-The court [shall] may appoint a

guardian ad litem [to represcnt all claimants whose identities are unknown in any proceeding brought under this subchapter] fi respect o f any proceeding brought under this subchapter. The reasonable fees and expenses of the guardian, including all reasonable expert witness fees, shall be paid by the applicant in the proceeding unless otherwise ordered by the court. 9 5997. Payments and distributions.

(a) General rulc.-A dissolvcd nonprofit corporation or successor entity that has elected to proceed under [the preceding provisions ofl this subchapter shall:

(1) Pay the claims made and not rejected under section 5993 (relating to acceptance o r rejection of matured claims).

(2) Post the security offered and nut rejected under section 5994 (relating to disposition of unmatured claims).

(3) Post security ordered by the court in any proceeding under section 5995 (relating to court procccdings).

(4) Pay o r make provisiori for all other [liabilities ofl

(a) General rule.-A dissolved nonprofit corporation or successor entity that has given notice in accordance with section

* * * (c) Evaluation o f other liabilities.-In the absence of actual

fraud, the judgment of the board o f directors or other body of the dissolved corporation o r the governing persons of the successor entity as to the provision made for the payment o f all [liabilities] claims under subsection (a)(4) shall be conclusive.

[(d) Disposition in absence o f claims procedure.-A dissolved corporation o r successor entity that has not followed the procedures in the preceding provisions of this subchapter shall pay or make reasonable provision to pay all claims and liabilities, including all contingent, conditional or unmatured claims known to the corporation o r the successor entity and all claims that are known to the corporation o r the successor entity but for which the idcntity of the claimant is unknown. Thc claims shall be paid in full and any such provision for payrncnt made shall be made in full if there are sufficient assets. If there are insufficient assets. tlic claims and liabilities shall be paid o r provided for according to their priority and, anlong claims of equal priority, ratably to the extent of funds legally available therefor. Any remaining assets shall be distributed as provided in the last sentence o f section 5975(c).

(e)] (d) Liabili~y of directors.-Directors or members of an other boTy of a dissolved corporation or governing persons of a successor entity that has complied with this section sl~all not be personally liable to the claimants o f the dissolved corporation. 5 7534. Marketing arrangemcntr.

(a) General rule.-An association and its members may make and execute contracts requiring thc members to obtain all V or any part of spccific services frorn the associati011 or to sell or deliver all or any part of their specified agricultural products to or


. . partnership.

(3) The reason for filing the certificate of cancellation. (4) The effective date (which shall be a date certain) of

cancellation if it is not to be effective upon the filing of the

through the association or any facilities to be created by the association. The contract may provide that the association may sell or resell the products sold or delivered by its members, with or without taking [chapter] thereto, and pay over to its members the resale price, after deducting all necessary overhead costs, expenses, valuation reserves, interest, dividends on common and preferred shares and such deductions for capital and other purposes as may be specified in the contract or bylaws of an association. Each marketing or service contract shall contain a provision which shall specify a reasonable period in each year during which any contracting member of an association, upon giving notice as prescribed in the contract, may termi- nate the contract.

* * * 5 8513. Cancellation of certificate.

(a) General rule.-A certificate o f limited partnership shall be canceled upon the dissolution and the commencement of winding up of the limited partnership or at any other time there are no limited partners. [A] certificate o f cancellation [shall be filed in the Department of State and] shall set forth:

(I) The name of the limited partnership. (2) The date of filing of its original certificate of limited

certificate. (5) Any other information the general partners filing

For the purposes of the imposition by the Commonwealth or any political subdivision of any tax or license fee on or with respect to any property, privilege, transaction, subject or occupa- tion, a partnership as to which an election under this chapter is in effect shall be deemed to be a corporation organized and existing under Subpart B of Part II (relating to business corporations).


4 Amend Sec. 103, page 30, by inserting between lines 13 and 14

5 502. Certain additions to register. (a) [Corporations.-] Corporation names.-

(1) A domestic corporation not-for-profit incorporated p i o r 7 0 May 16, 1923 may register its name with the department under this chapter by effecting the filing specified in I5 Pa.C.S. .$ 5311 (relating to filing of certificate of summary of record by certain corporations).

(2) Any person who is not eligible to make a filing under 15 Pa.C.S. $ 4131 (relating to registration of name) or

) tion name with the department by filing an application for registration of name, executed by the person, which shall set

I ~ P rrrtificatc determine. ~~~ ~~

(b) Filing.-The certificate of cancellation and the ccrtifi~ ~ ance o f certain fundamental lransactions) shall be filed in the department.

[(b)] (c) Effectiveness o f certificate of cancellation.-Upon the filine o f the certificate of cancellation in the department or .~~. . ~ ~ ~ ~ ~ - upon the effective date specified in the certificate o f cancellation, whichever is later, the certificate of cancellation shall become effective and the certificate of limited partnership shall be canceled.

[(c)] (d) Cross references.-See secrions 134 (relating to docketing statement) and 8514 (relating to execution of cerrifi- cates).

Amend Sec. 102, page 29, lines 29 and 30; page 30, lines 1 through 3, by striking out all of said lines on said pages and inserting 5 8586. Cancellation of registration.

* * * (b) Filing.-The certificate of cancellation of registration

and the certificates or statement required by section 139 (relating to tax clearance of certain fundamental transactions) shall he filed in the department.

[(b)] (c) Effect of filing.-Upon the filing o f the certificate o f canceTTation o f registration, the aurhority o f the foreign limited partnership to d o business in this Commonwealth shall cease. The termination of authority shall not affect any action pending at the time thereof or affect any right of action arising with respect to the foreign limited partnership before the filing of the certificate o f cancellation of registration. Process against the .~~~ foreign limited partnership in an action upon any liability incurred before the filing of the certificate of cancellation of registration may be served as provided in 42 Pa.C.S. Ch. 53 (relating to bases of jurisdiction and interstate and international procedure) or as otherwise provided or prescribed by law.

[(c)] (d) Cross references.-See sections 134 (relating to docketingytatement) and 8514 (relating to execution of certificates). $ 8708. Taxation ofelccting partnerships.

forth: - (i) The name of the corporation. (ii) The address, including street and number, if

any, of the person who executed the application.

docketing statement). Amend Sec. 201, page 31, line 8, by striking out "201" and

inserting 2

Amend Sec. 201, page 32, by inserting between lines 14 and 15 Section 106 of the act of December 21, 1988 (P.L.1444,

No.177). known as the General Association Act o f 1988. Section 403 of the act o f December 19, 1990 (P.L.834,

No.198), known as the GAA Amendments Act o f 1990. Amcnd Sec. 201, page 32, line 15, by inserting after "55"

1952(e) (relating to restriction? on certain distributions),

Amend Sec. 201, page 32, line 15, by striking out "related" and inserting

I relating Amend Sec. 201, page 32, line 16, by striking out all of said

line and inserting 5998 (relating to liability o f members).

Amend Bill, page 32, by inserting between lines 16 and 17 Section 6. Suspension.

15 Pa.C.S. 5 8103 (relating to continuation of certain limited partnerships) is suspended retroactive to December 19, 1990. The suspension of that section shall continue until such time, if any, as the Governor publishes a proclamation in the Pennsylvania Bulletin stating that the Governor has found that the Internal Revenue Service has published a revenue ruling to the effect that a provision of State law, a certificate of limited partnership or a partnership agreement that permits not less than a majority in interest o f the Dartners o f a limited partnership to elect to con-

. a sole remaining general partner will not cause the partnership to have the characteristic of continuity o f life. The Governor shall


1 Amend Sec. 202, page 32, line 18, by inserting before "The"

(a) Amend Sec. 202, page 32, lines 19 through 22, by striking out

". the amendment of the" in line 19. all of lines 20 and 21 and

issue such proclamation upon being furnished with a copy of a ruling by the Internal Revenue Service to that, o r similar, effect. The proclamation shall also state thc suspension o f 15 Pa.C.S. 5 8103 shall be lifted, and that the section shall be deemed erfec- tive, as of the date o f publication o f the proclamation.


.

(b) The amendmeit of thhdcfinition of "distribution" in I5 Pa.C.S. 5 1103 (relating to definitions) and 5 1504(d) (relating to amendment of voting provisions) shall be retroactive to October I , 1989.

Amend Sec. 203, page 32, line 24, by sr iking out "203" and inserting

8

BUS^ Gruitza Merry Stubnn Butkorit~ Gruppo Michlovic Sturla Caitagirone Hagarty Micor~ie Surra Cappabianca Haluska hlihalich Tangrelti Carlsan Hanna Mundy Taylor. E. Z.

E:::ne Harley hluiphy Taylor. F. w Harper Nahill Taylor, J.

ca\\lcv Hasav Nailnr Telel

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

T h e SPEAKER pro tempore. T h e Chair recognizes the gentleman, Mr. Coy, for purposes of further discussion o n amendment A3922.

Mr . C O Y . Mr. Speaker, thank you. T h e amendment was presented berore a n d I continue t o ask

fo r a n affirmative vote, although I was under the understanding that there was going t o be a question about a section in the bill.

Mr. Speaker, if I were asked the question, is chapter 89 still applicable in the bill, the response would have been chat it was a n inadvertent addition upon the part of the Reference Bureau and that according t o the Statutory Cons t ruc~ ion Act, because the chapter n o longer exists, the reference t o the chapter would be deleted by the Reference Bureau.

1 continue t o ask for a n affirmative vote. Thank you, Mr. Speaker.

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


Acosta Adolph Allen Andcrson Angstadt Argall Armstrang Arnold Barley Baltisto Belardi Belfanti Birrnelin Bishop Black Btaum Bowley Boyes Broujos Brawn Bunt

Durham Evans Fairchild Fajt Fargo Farmer Fee Fleagle Flick Foster Freeman Freind Gallen Camblc Cannon Cieist George Gcrlach Gigliotti Gladeck Godshall

LaGrutta Langiry Laughlin I.ar less 1."" Lell Lrscovirr Lrvdanrky Linton Lloyd Lucyk hlcCall McGecban McHalc McHugli McNalll Msialc Markosek Marsico Maycrnik Melio

Rocbuck Rudy Ryan Saloonl Sa~irman Schectr Schulcr Scrimemi Sernmul Serafini Smith, B. Smlth, S. H . Snyder, D. W Snyder. G. Staback Stairs S!eeln,ao Steighner Stelicr Stish Slrillmalter

~eisa; Chadwick Civeia Clark Clymcr Cohcn Cotsfella Colairro Cole Cornell

Haydcn Hayes Hccklcr Hernian Herihcy Ijos Ihlgheh I t k i n Sadlowicc James Jarolin ~"l,"\0"

Joseph, Kaiser Kasunic

~ i c k i Nyce O'llrien Olasr Oliver

~. ~~~

Thomas l'igue Tomiinson Trello Tiich Tulli llliaila Van Hvrnc Vancc Veun Vroon Wambach Willialn, Wilson U'oenn ~"

Ualey Kennry Rcbcr Wornial Davi~.s King Reitlard Wright, I ) . R. D~.mpiry Kosinski Rlchardsol, Wright. M. N

I Dent Krcbs Ricgrr 1 Deimody Kroirrwski Killer O'UOIIIICII,

I)onatucci Kukovich Robinson Speaker 1 NAYS-0 I

N O T VOTINC-I

Noye

EXCUSED-2

Billow vlrkonic

The question was determined in the affirmative, and the amendments were agreed to .

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

amended? Bill a s amended was agreed to .

T h e SPEAKER pro tempore. This bill has been considered on three different days and agreed to and is now on final gassage.

Thequest ion is, shall the bill pass finally? Agreeable to the provisions of the Const i tul iol~, the yeas

a n d nays will now be taken.

YEAS- I99

Acasta Adolph Allcn Andcnon Arlgcfadl Argall Arrnstrong Arnold Barley Batli~to Belardi Brlfanli Ilirinrlin Hihhop Black Blaum Bowley Hoyrs Rroujo,

tvans Fnircllild Fajt Fargo Farnlrr bcr Fleaglc Flick I.o\ler Frrurnan t:rrind (;allen Gamble (;annor, <;ci\t (;zc,rgc (;crla~.l~ Glpllolti G1adci.A

1 angl iy 1.aaghlin 1.3>,1cs, I.ee Lei) I c<cc>vil~ I cidanil! linloli l loyd I.ucyh iIcCal1 hlc(isc11ao McHale htcH ~ g h h'lcNaily hlaialc Ilarhorck Irlniiico 21a)crnih

Koehucl K i ~ l y Kbali Saltrom S ~ u r i ~ ~ ; i n S<IICCI/ Sclllilcl Scrimcnti Scmmel Seralini Snritlr. 8. S ~ ~ l i t h . S. H . Snyder. I). M'. Snyder. (;. St;ibacl Slilirr

- Sluclnlan Slclgllllc~ stcttcr

Brown Bunt Bush Burkovirr Caltagirane Capnabianca Carison Cam Carone Cawlcy Ccsrar Chaduick Civera (:lark Cly~ncr Cohcn Colaiclla Colairro Cole Corncll Coiiigan Cowcll COV

Gadihall Gruiira Cililppo Hagarty Haluska Hanna Hailuv Harper llaiay llayden Ilayer Hcckler llcrman Hcr<hc:; Hcs< Hughes I l k i n ladloivicc lamer larolin lohnsoci Jubcphs Kaiser Kasunic Kenncy King Korinski Krehr Krusrewri Kuko\,ictl I.atirou?

NAYS-0

N O T V O T I N G - 0

L X C U S L D - - 2

Blllo* h l r k u n ~ ~


T h e m a j o r i r y r e q u i r e d b y t h e C o n s t i t u t i o n h a v i n g v o t e d i n t h e a r f i rn la r ive , t h e q u e s t i o n w a s d e t e r m i n e d in t h e a f f i r m a - t ive a n d t h e hi l l p a s s e d f ina l ly .

O r d e r e d , T h a t t h e c le rk r e t u r n t h e s a m e Lo t h e S c n a t e w i t h t h e i n f o r m a t i o n t h a t t h e l i o u s e h a s p a s s e d t h e s a m e w i t h a m e n d m e n t i n w h i c h t h e c o n c u r r e n c e o f t h e S e n a t e is

Melio Srish Merry Strittmaltrr hlichloi ic Sluban Micoziie Sulrla Mihalictl Surra hlundy rangreiri Misrphy Taylor, E. %. Uahill Taylor, P. Nailor Taylor. I Nickol Telci Nirye Thomas hycr I igue O'liv~ci, 7 o r n l i n ~ n Olasr l'icllo Oliver Trich Perrcl Tulli Peci Uliaw Pclrarca Van Horrie Pcrrone Vance Philltpr \'eon I'iccolil Vruon Pirlella \Vdmbacb I' i ir i Willlant$ IPrc\ron Wilqon Raymond \Vogan Kzbcr \$r,>~z~iah Keinard Wright, I) . R. Richardson Wright, M . N. Kieger Kitlc~ O'Doonell, Kobi~~sun Spcakcr

McGeehan McHale 14cHugh McNally Maiale Markosek Marsico hlayernik M ~ l i o hlcriy Michlovic Micozzie Llihalich Mundy

Belfanli Gallen Hirmclin tiamble Bishop Ganoan Black Geist Blaum George Bauley Gerlach Hoycs tiiglialri Hroujos Gladeck Brown Codshall Bunt tiruilra Hu<h Grllppo Bitlhoiiri Hagsrly Callagironc Haluska Cappahianca Hanna Carlion Harlcy Carn Harpcr Carvlry Hasay Cerrur Hayden Chad*ich Hay rs Cibeia Heckler Clark Herman Clymcr Hcrshey Cohcn He,i Colafella Flueher Colairio I tkin Cole Jadlou~ec Covnrll Janres Currigan Jalulin Cowcll Johnson Coy Jnsrphs Dctuca Kaiser DcWecic Kasonic

Murphy Nahill Nailor Nickol Ngce O'Brien Olav Olirer Prrrrl Poci Pdrarc3 I'rtrone I'hillipr Piccola Piitella Pirrs Preston Ravnlond

Snyder, D. W Snyder, C. Staback Stairs Steelman Steighner Stctler Srish Strillmailer Stuban Slurla - ~~

TangrcLIi Taylor, E. Z. Taylor, 1'. Tavloi. J. ~ c i e k Thomas Tigue Tomlinson Trello Tricli Tulli Uliana Van Horne Vancr Veon Vmun N'amharh Williams Wilwm Woean

Ihlc) Kcnnry Rebrr Womiak Ilavier King Reinard Wright. D. R. llemprcy Kosinihc Ricl~ardson Wrighl, M. N. I)cnl Krebs Riegei Dcrmody K~ui~ewshi Ritler O'Donnell, Donatoi'ci Kuko\ii.h Robinson Speaker Uurliam I.aGrotla Roebuck

N A Y S - 0

N O T V O I INC,--2

Billow Mrkonic r e q u e s t e d 1 T h e q u e s t i o n w a s d e t e r m i n e d i n t h e a f f i r m a t i v e , a n d t h e

m o t i o t l w a s a g r e e d t o .

On t h e q u e s t i o n r e c u r r i n g ,

T h e S P E A K E K p r o t e m p o r e . T h e C h a i r h a s in its posses. ) S h a l l t h c bill p a s s f ina l ly?

On Lhe q u e s t i o n , W i l l Lhe H o u s e a g r e e lo t h e m o t i o n ?

T h e f o l l o w i n g rol l ca l l w a s r e c o r d e d :

s i o n a m o t i o n t o recon5ider t h e v o l e b y w h i c h SB 186 , PN 2585 , w a s p a s s e d o n t h e 1 8 t h d a y o f N o v e n r b c r , t h e m o ~ i o n t i l ed by R e p r e s e n t a t i v e s M u r p h y a n d DeU'ccse.

.Acoita AdolpR Allen Alxlcrron hngsladi Argall Arillrlrollg Arrtold Barley Hailislo Ilelardi

D E C I S I O N O F C H A I R R E S C I N D E D

'The S P E A K E K p r o l e m p o r e . W i t h o u t o b j e c t i o n , t h e C h a i r r esc inds i t r a n n o u n c e m e n t t h a t t h i s bill h a s b e e n a g r e e d t o f o r

Elan\ 1.angtry f-airch~ld I ;xogl~liri Pdjt I .~ , \ , Ic~s bargo Lcr I:ilrincr Ltll l:ce 1.esciic i i i

rleaglc 1 evdail$k! Flick linton 1 otter I lo!d I~scrrnao I U C ! ~ t,rclnd Il?Visll

I ( h e t h i r d l i m e

O n t h e q u e s t i o n r e c u r r i n g , W i l l t h e H o u s e a g r e e t o t h e bi l l o n t h i r d c o n s i d e r a t i o n ? h l r . M U R P H Y o f f e r e d t h e f o l l o w i n g a m e n d m e n t s No.

A 4 0 3 0 :

A m e n d See . 307, p a g e 21, lines 23 l h r o u g h 25, b y s tr iking o u t all o l lines 23 a n d 24 a n d "(5)" in l ine 2 5 a n d inser t ing

(4) A m e n d Sec. 307, page 21, lines 2 7 l h r o u g h 30; p a g c 22. lines 1

l h r o u g h 10, by s t r i k i r ~ g o u r "BY T H E M A J O R I T Y OF T H E V0TE.S" in line 27, a l l o l l i n e s 28 t h r o u g h 30, pagc 21, all o f lines I t h r n o p h 10, page 2 2 a n d inser t ing


in accordance with the constitution and bylaws of the society as required by applicable laws and regulations of the domiciliary jurisdiction.

(b) Approval by commissioner.-If the commissioner finds that the filing by the society is in proper order, that the society complies with the requirements for issuing a certificate of authority to a domestic society, that the society will maintain its principal office in Pennsylvania, and that the domestication is in the best interest o f the members of the society, the commissioner shall approve the articles of domestication and issue a certificate t o that effect.

O n the question,

Will t h e House agree to t h e amendments?

T h e S P E A K E R p r o tempore. O n that question, the Chair

recognizes the gentleman, Mr. Murphy.

Mr. M U R P H Y . M r . Speaker, this is a n amendment sup-

ported by both the Insurance Departmenr and t h e fraternal

unions. It is a technical amendment . It clarifies how fraternal

union insurance companies a re domesticated in Pcnnsylv

O n the question recurring,

Will t h e House agree t o the amendments?


Acosta Adolph Allen Anderson Angstadt Argall Armstrong Arnold Barley Battisfo Belardi Belfanti Birmelin Bishop Black Blaum Bawley Boye5 Broujos Brawn Bunt Bush Butkovitz Caltagirone Cappabianca Carlson Carn Carane Cawley Cessar Chadwick Civera Clark Clymer Cohen Calafella Calaizro Cole Cornell Corrigan Cowell coy DeLuca DeWeese Daley

Evans Fairchild Fajt Fargo Farmer Fee Fledgle Flick Foster Freeman Freind Gallen Gamble Cannon Ceirt George Gerlach Gigliotfi Gladeck Godshall Gruilza Cruppa Hagarty Haluska Hanna Harley Harper Hasay Hayden Hayes Heckler Herman Hershey Hess Hughes ltkin Jadlowiec James Jaralin Johnson Josephs Kaiser Kawnic Kenney King

Langtry Laughlin Lawless Lee Leh Lescavitr Levdansky Linton Lloyd Lucyk McCall McCieehan McHale McHugh McNalty Maiale Markosek Marsico Mayernik Melio Merry Michlovic Micozrie Mihalich Mundy Murphy Nahill Nailor Nickol Noye Nyce O'Brien Olasr Oliver Perzcl Pesci Petrarca Petrone Phillips Piccala Pistella Pitts Preston Raymond Rebcr

Roebuck Rudy Ryan Saloon, Saurman Scheetr Schuler Scrimenti Scmnlcl Srrafini Smith. B. Smith, S. H. Snyder, D. W. Snyder. G. Staback Stairs Steelman Steighncr Stetler Stiah Stiittmatter Stuban Slur la Surra Tangretti Taylor. E. 2. Taylor, P. Taylor, J . Telek Thomas Tigue Tamlinian Trello Trich Tulli Uliana Van Harne Vance Veon Vroon Wambach Williams Wilson Wogan Wa~niak

NOVEMBER 18,

Uaviei Kusillski Reinard Wright, D. R . Drmprey Krebs Richardson Wright, M. N. Dent Krunew\ki Ricger Dermody Kukavich Kilter O'Donoell. 1)onatucci LaGrorca Robinson Speakrr Durham

NAYS-0

I N O T VOTINC-0

T h e question was determined in the affirmative, and the

amendments were agreed to .

O n the question,

Will the House agree t o the bill o n third consideration a s

amended?

Bill as amended was agreed to.

Acosta Adolph Allen Anderson Angstadt Argall Armstrong Arnold Barley Battisto Belardi Belfanti Birmelin Bishop Black Blaum Bowley Boyei Broujos Brawn Bunt Bush Butkavitz Caltagirone Cappabianca Carlson Carn Carane Cawley Crssar Chadnick Civera Clark Clymer Cohen Colafclla Colairro Cole Cornell Corrigan Cowrll coy DeLuca DeWeese

ania.

Evans Fairchild Fajt Fargo Farmer Fec Flcaglr ['lick Foiler Freeman Frcind Gallen Gamble Gannon Geist Gcorge Gerlach Gigliotti Gladeck Godshall Gruitra Gruppa Hagarty Haluska Hanna Harley Harper Hasay Haydcn Hayes Heckler Herman Hershey Hess Hughes ltkin Jadlomiec Jamer Jarolin Johnson Jo5cphs Kaiser Kasunic Kenney

The S P E A K E R pro tempore. This bill has been considered o n three different days a n d agreed t o a n d is now on final

passage.

Thequest ion is, shall the bill pass finally?

Agreeable t o the provisions o f the Constitution, the yeas

and naps will now be taken.

YEAS-199

Langtry I.aughlin Lawles~ Lee Leh Lescovitr Lcrdanrky 1.inton I.loyd Lucyk McCall McCechau McHale McHugh McNally Maiale Markosek Marsica Mayernik Mclio Merry Michlovic Micarzic Mihalich Mundy Murphy Nahiil Nailor Niclol Noye Nycc O'Brien Olair Oliver Pcrzel Perci Petrsrca Pctronc Phillips Piccola Pistella Pittr Preston Raymond

Roebuck Rudy Ryan Salooo, Sauiman Schcet~ Schuler Scrirnenri Semmcl Seraiini Smith, 13. Smith. S. H. Snyder, D. W Soydcr, G. Staback Srairs Stcelman Stcighner Stetlcr Stish Strittmatrer Sluban Slurla Surra Tangretti Taylor, E. Z. Taylor. F. . . Taylor. J. Telek Thomas Tigue Tr,mlinson Trella Trich Tulli Uliana Van Horne Vance Veon Vroon Wanlbach Williams Wilson Wogan


Daley Daviea 1)empsey Dent Deimody Donslucci Durham

LaGrotra Robinson Speaker Cowell Jasephs Kairer

NAYS-0 Dcl.uca Kaiunic Kennr!.

King Reber Wozniak Korinski R~.inard Wright, D. H. Krehs Kicl\ardsun Wright. M. N . Kruizewrki Rirger Kukovich Ritter O'Donriell,

NOT VOTING-0

EXCUSED-2

Colafella ltkin Colairm Jadlo\ricc Cole James Corncll Sarolin Carrigan Johnson

Pesci Petrarca Petrone Phillips Piccola Pirtella Pitts Prcston Raymond

Uliana Van Harne Vance Veon Vroon Wambach Williams \\'ilson Woean

1)aIey King ~ e b e r ~ o i n i a k Davieh Kosiniki Reinaid Wright, D. R. I)m,priy Krebs Richardson \\'right, M. N.

tive and the bill passed finally. Ordered. That the clerk return the same to the Senate with I

Billow Mrkonic

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

NOT VOTING-0

Dent Krusrcwrhi Rieger Dermody Kuko\ich Riiter O'Donnell, 1)onatucci IaGrotta Kobinion Speaker Durha,n

NAYS-0

the information that the House has passed the same with amendment in which the concurrence of the Senate is requested.

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

EXCUSED-2

hlrkonic

The question was detertnined in the affirmative, and the

SB 275 RECONSIDERED

The SPEAKER pro tempore. The Chair has in its posses- sion a reconsideration motion filed by the gentleman, Mr. Saurman, and the gentleman, Mr. Godshall, a reconsideration of the vote by which SB 275, PN 2588, was passed on the 18th day of November.


motion was agreed to.

On the question recurring, shall the bill pass finally?

The SPEAKER pro tempore. On the question, the Chair recognizes the gentleman, Mr. Saurman.

Mr. SAURMAN. Thank you, Mr. Speaker. Mr. Speaker, I apologize. 1 was checking with a staff

Acosra Adolpli I l e n Anderson Angstsdt Argall Armrlrong Arnold Harley 13iltlisr0 Helardi Rrlianti Hiimelin Rishop Black Elaum Bowlry BOYS$ Broujos Brown Bont Bush Hutkovilt Caltagirone Cappahianca Carl\on Carn Caronc Cawley C r u a r Chadwick Civcra Clark Ciymcr ('oilcn

Lvans Fairchild Fajt Fargo Farmer Fee Flcagle Flick tu51ci Frecrnan rreind Gallrn (iarnhlc Gannon Geist Gcorgc Gerlach tiipliotli (;ladeck Godrhall Gruitra Gruppo Hagarty Haluika Hanna Harley Harper Hasa)' Hayden Hayes Heckler Hernlan H e r t h ~ y Hc<, H u l h o

ILangtry I .aughlin Lawlerr l e Lch I C ~ C U I ~ ~ Z

Iridanuky Linron Lloyd Lucyk McCall !vlcGeehao McHale McHugh McNall) \laiale Markusti, Marrico Mayernik Melia Mcrt) Michlo\ic \licoiric blihalich Mund) l l i lrptly Nahill Nailor Nickol No!c N!ce O'Brieu O l a u Oliicr ~ ' Z I I C I

Roebock Rud) Ryan Snloom Saurman

Semrnel Serafini Smith, H. Smith. S. H . Snyder, I). U So!der. G . Srahack Stairs Steelmaa Sreighnrr Stetler Stish Slrillmauer Stuhan Sulrla Si~rra Tanfretti Taylor. F. L . Taylor. k

mcmber when this vote was taken. I wanted to raise a question at that time. This legislation expands the use of the moneys, the infrastructure moneys, to storm water. I wanted to point out in the event that members were not aware that there is insufficient funding there to cover the costs of the original purposes. What this legislation would now do is to expand, and in that instance, perhaps even allow municipalities who have taken advantage of the infrastructure money to do the other work which was originally indicated, and now to expand it to storm water proceedings, so that there are the11 municipalities who will bc denied the opportunity of the original bond issue while others are going to be able t o move ahead with something else which was no1 originally intended.

I think that this is premature, that we ought to fund the projects currently, those that the legislation was designated to do, and come back to this at a subsequent time once we have fulfilled that purpose.

1 would ask for a "no" vote on this legislation. Thank you. The SPEAKER pro tempore. The Chair recognizes the gen-

tleman, Mr. Mihalich. Mr. MIHAL,ICH. For the same reasons enunciated by the

previous speaker, 1, too, ask for a negative vote on this legislation. PENNVEST funds are underfunded now, woefully underfunded in terms of what the demand is out there. This is robbing Peter to pay Paul. We are going to come hack and have to revisit the original PENNVEST appropriations. Not only that, this will not adequately fund, will not even be a drop in the bucket, so to speak, to fund the needs for storm water management.


I urge a "no" vote o n this legislation. T h a n k you.

O n the question recurring, Shall t h e bill Dass finally?

Acosta Adolph Allen Anderson Angstadt Argall Armstrong Arnold Barley Battista Belardi Belfanti Birmelin Bishop Black Blaum Bawley Boyes Braujos Brown Bunt Bush Butkovitr Caltagirane Cappabianca Carlson Carn Carone Cawley Cessar Chadwick Civera Clymer Cohen Colafella Calaizzo Cole Cornell Corriean

amendment in which the concurrence of the Senate is requested.

T h e S P E A K E R p r o tempore. Agreeable t o the provisions o f the Constitution, t h e yeas a n d nays will now be taken.

YEAS-181

Dent Dermody Donatucci Durham Evans Fairchild Fajt Fee Flick Foster Freeman Freind Callen Gamble Gannan Geist George Cerlach Gigliotti Gladeck Codshall Gruitza Gruppo Hagarty Haluska Hanna Harley Harper Hasay Hayden Heckler Herman Hcrshey Hughes ltkin James Jarolin Josephs Kaiser

BILL RECOMMITTED m

The SPEAKER p r o tempore. T h e Chair recognizes the maioritv leader.

LaCrotta Langtry Laughlin Lawless Leh Lessavitr Leudansky Linton Lloyd Lucyk McCall McGcehan McHale McHugh McNally Maiale Markosek Marsico Mayeinik Melio Merry Michlovic Micozzie Mundy Murphy Nahill Nailor Nickol Nyce O'Brien Olarz Oliver Peizel Pesci Petrarca Petrone Piccala Pistclla Pirts

Roebuck Rudy Ryan Salaam Scheet? Schuler Scrimenti Semmcl Serafini Smith, 0. Snyder, D. W. Staback Stairs Steelman Steighner Stetler Stiah Strittmatter Stuban Sturla Surra Tangretti Taylor, E. Z. Tavlor. F. , . Taylor. J. Telek Tigue Tomlinqon Trello Trich Tulli Uliana Van Hornr Vance Vean Wambach Williarns Wilson Woenn

cawhil Kasunic Preston W";niak COY Kenney Reber Wright, D. R. DeLuca King Reinard Wright. M. N. DeWeese Kasinski Richardson Dvley Krebs Rieger O'Donneli, Davies Kruszewski Ritter Speaker Dempsey Kukouich Robinson

NAYS-I6

Clark Hayes Lee Saurman Fargo Hess Mihalich Smith, S. H Farmer Jadlawiec Noye Snyder, C. Fleagle Johnson Phillips Vroon

N O T VOTING-2

Raymond Thomas EXCUSED-2

Billow Mrkonic

T h e majority required by t h e Constitution having voted in t h e affirmative, the question was determined in the affirmative a n d the bill passed finally.

Ordered, T h a t the clerk return t h e same t o t h e Senate with the informat ion tha t t h e H o u s e has passed the same with

- , ~~

Mr. DeWEESE. Mr . Speaker , I move that SB 1670 be recommitted to the House Appropriations Committee.

O n t h e question, Will the House agree t o the mot ion? Motion was agreed to.


T h e House proceeded t o third consideration o f HB 1670, PN 4196, entitled:

An Act amending the act o f May 17, 1921 (P. L. 682, No. 284). known as "The Insurance Company Law of 1921," further providing for the purposes o f incorporation, for capital stock, surplus, investments and other financial requirements, for reinsurance and for certain annual reports; providing for business transacted with broker-controlled property and casualty insurers and for insurance holding companies; implementing the Risk Retention Amendments o f 1986; providing for regulation by the Insurance Department o f risk retention groups and purchasing groups doing business in this Commonwealth; further providing for the taxation o f risk retention groups and purchasing groups; providing for the regulation o f the placing o f insurance on risks located in this Commonwealth with insurers not licensed to trans- act insurance business in this Commonwealth; providing for a life and health insurance guaranty association; providing for certain fees and for civil and criminal penalties; and making repeals.

O n t h e question, Will the House agree t o the bill o n lhird consideration? Ms. J O S E P H S offered thc following amendments No.

A4141:

Amend Sec. 4 (Sec. 319.1). page 10, lines 18 and 19, by striking out "Securities Valuation Office of the National" in line 18, all of line 19. and inwrtine , ~ ~ ~ ~ . . ~ ~ ....

securities valuation office o f a national association of insurance commissioners to

Amend Sec. 5 (Sec. 3201, Daee l I . lines 12 and 13. bv striking out "THE NATIONAL ASSOCIATION OF INSURANCE C O M M I S S I W ' and inserting

a national association of insurance commissioners Amend Sec. 5 (Sec. 3201, page 11, lines 17 and 18, by striking

out "THE NATIONAL ASSOCIATION O F INSURANCE COMMISSIONERS" and inserting ~p --

a national association o f insurance commissioners Amend Sec. 5 (Sec. 320), page 11, lines 26 and 27, by striking

out "THE NATIONAL ASSOCIATION O F INSURANCE COMMISSIONERS" and inserting

a national association o f insurance commissioners Amend Sec. 5 (Sec. 3201, page 12, lines 7 and 8, by striking

out "THE NATIONAL ASSOCIATION O F INSURANCE COMMISSIONERS" and inserting

a national association o f insurance commissioners Amend Sec. 5 (Sec. 320). page 12, lines 21 and 22, by striking

out all of said lines and inserting


Insurance Department by a national association of insurance commissioners' information system are

Amend Sec. 7 (Sec. 322.1), page 13, line 30; page 14, lines 1 through 30; page 15, line I , by striking out all o f said lines on said pages and inserting

Section 322.1. Contributions to Surplus.-(a) Any director, officer, person, corporation or other entity may advance to a domestic stock insurance company or mutual life insurance company, in exchange for a surplus note, any sum or sums of money necessary for the purpose of its business or to enable it to comply with any of the requirements of law. If, as a result o f such advance, the director, officer, person, corporation or other entity is presumed to secure control, as that term is defined in Article XI1 of this act, the advance can only be made after the director, officer, person, corporation or other entity provides a filing to the Insurance Commissioner in accordance with Article XII of

t w (b) The surplus note and interest thereon shall not be a l i a

bility or claim against the company or any of its assets, except as specificd in this section or provided by the department.

(c) No commissions, promotion expenses or finders fees shall be paid in connection with the advance of such money to the company.

(d) Such company shall, prior to any transaction, submit a filing to the commissioner for prior approval with such evidence as the commissioner may, by regulation, prescribe concerning the receipt of any such advance or the making of any payments, whether o f principal or interest on account thereof.

(e) Insurers must clearly report the transaction on the anl~ual statement, including the fact that payment of interest and repayment of principal is subject to the domiciliary jurisdiction's approval. A m e n d Sec. 10, page 16, line 14, by inserting after "(17)"

, 405.2(a), (c)(2) and (e) Amend Sec. 10 (Sec. 404.1). page 17, lines 22 through 30;

page 18, lines I through 4, by striking out all of said lines on said pages and inserting

(c) Any domestic company subject to the provisions o f this act is required to have a formal investment plan which is designed to provide guidance for investment decisions by management. The plan shall be updated on an annual basis, as authorized by the board of directors. The plan must set forth, in detail, company practices relating to i n t e r n a l gation of investment authority within the company. The invest- men1 plan shall include, at a minimum, a description of the investment strategy of the company designed to provide for liquidity and diversity o f the investment portfolio. Thc investment plan, and such other information as thc lnsurance Depart- men1 may require in order to determine the impact of the invest- men1 plan on the solvency of the company, shall be made available to the lnsurance Departmenl during the course o f a financial condition examination conducted in accordancc with the laws pertaining to the conduct of examinations.

Amend Sec. 10 (Scc. 404.2), page 19, lines 14 and 15, by inserting a bracket before "THE" in linc 14, and after "COM- MISSIONERS" in line 15, and inserting immediately thercafvr

a national association of insurance commissioners Amend Sec. 10 (Sec. 404.2), page 19, lines 15 and 16, by

inserting a bracket before "AS" in line 15, and after "COhlhllS- SLONERS" in line 16, and inserting immediately thereafter

which a national association of insurance commissioners

Amend Sec. 10 (Sec. 404.2), page 19, Iincs 20 and 21, by inserting a bracket before "THE" in line 20, and aftcr "COM- MISSIONERS" in line 21, and inserting immediately thereafter

a national association of insurancecommi,sioners Amend Sec. 10 (Sec. 404.2), page 19, line 22, by inserting

brackets before and after "THE NATIONAL ASSOCIATION

OF INSURANCE COMMISSIONERS" and inserting immediately thereafter

a national association of insurance commissioners Amend Sec. 10 (Sec. 404.2), page 20, lines I9 and 20, by strik-

ing out "the National Association of Insurance Commissioners" and inserting

a national association of insurance commissioners Amend Sec. 10 (Sec. 404.2), page 20, lines 26 and 27, by

inserting a bracket before "published" in line26and after "standards" in line 27, and inserting immediately thereafter

valuation standards published by a national association of insurance commissioners

Amend Sec. 10, page 20, by inserting between lines 27 and 28 Section405.2. Additional Investment Authority for Subsidi-

aries.-(a) As used in this section the following words and phrases shall have the meaningsgiven to them in this subsection:

"Insurance company" or "insurer" includes any company, association or exchange authorized to conduct an insurance business in the jurisdiction of its domicile.

["NAIC" means the National Association of Insurance Com- missioners.]

"Owner" or "holder" of securities of a specified person is one who owns any security o f such person, including common stock, preferred stock, debt obligations and any other security convertible into or evidencing the right to acquire any of the foregoing.

"Person" is an individual, corporation, partnership, association, joint-stock company, business trust, unincorporated organization, any similar entity or any combination of the foregoing acting in concert.

"Subsidiary" shall mean only a corporation in which another person owns or holds, with the power to vote directly or through one or more intermediaries, a majority of the outstanding voting securities. A person whose business consists primarily of real property and interests therein, or a corporation which is held in a separate account pursuant to section 406.2, shall not be deemed a subsidiary for the purposes of determining the volume limitations set forth in sub~ection (c)(l). A person which is controlled by another person solcly as a result of the temporary assumption of control by the owner of securifics upon the happening of a prescribed event of default shall not be deemed asubsidiary or affili- ate for purposes of this section, if such securities are disposed of within five years from the date of acquisition, unless such period is extended by the lnsurance Commissioner to enable the owner to dispose of such securities in a reasonable and orderly manner.

"Voting security" means stock of any class or any ownership interest having the power to elect the directors, trustees or management of a pcrson, other than securities having such power only by reason o f t h e happening of a contingency.

* * * (c) * * * (2) The limitations set forth in clause ( I ) o f this subsection

shall not apply to investments in any subsidiary which is: (i) Aninsurancecompany. (ii) A holding company to the extent its business consists of

the holding of the stock of, or otherwise controlling, its own subsidiaries.

(iii) A corporation w~hose business primarily consists o f direct or indirect ownership, operation or management of assets authorized as investments pursuant to sections 404.1 and 406.

(iv) A company engaged in any combination of the activities described in subclauses (i), (ii) and (iii) of this clause. Investments made pursuant to subclause (i) shall not be restricted in amount provided that after such investment, as calculated for [NAIC] annual statement purposes, the insurer's surplus will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs. lnvestments made pursuant to subclause (ii), or to the extent applicable in this subclause, sllall in


addition not be subject t o any limitations on the amount of a domestic life insurance company's assets provided for under any other provision o f this act and which might otherwise be applicable: Provided, however, That such life insurance company's investments, to the extent that such life insurance company provided the funds therefor, in each o f the subsidiaries of such holding company shall be subject to the limitations, if any, a p p l i cable to such investment as if the holding company's interest in each such subsidiary were instead owned directly by the life insurance company. Investments made pursuant to subclause (iii), or, to the extent applicable, this clause, shall be counted in determin ing the limitations contained in applicable subsections of sections 404.2 and 406: Provided, however, That the value as calculated for annual statement purposes, but not in excess of the cost thereof, of such investment shall include only funds provided by the insurance company therefor. lnvestments made in other subsidiaries of such life insurance company by any subsidiary described in subclauses 01, (ii), (iii) and this subclause o r by a person whose business primarily consists o f direct or indirect ownership, operation o r management of real property and interest therein under section 406 shall be deemed investments made by the insurance company only to the extent the funds for such investment were provided by such insurance company.

* * * (e) Whether any investment made pursuant to subsection (c)

meets, at any time thereafter, the applicable requirements thereof is t o be determined when such investment is made, taking into account the then outstanding principal balance on all previous investments in debt obligations and the value, but not in excess of the cost thereof, o f all previous investments in equity securities as calculated for annual statement purposes. In calculating the amount of such investments, there shall be included, as determined for [NAICI annual statement purposes:

(1) Total net moneys o r other consideration expended and obligations assumed in the acquisition o r formation o r a subsidiary, including all organizational expenses and contributions to capital and surplus o f such subsidiary whether or not represented by the purchase o f capital stock o r issuance o f other securities.

(2) All amounts expended by the domestic life insurance company in acquiring additional common stock, preferred stock debt obligations, and other securities and all contributions to the capital o r surplus, or a subsidiary subsequent t o its acquisition or formation.

AmendSec. 13, page24.line6, bystrikingout "(b)and(c)" Amend Sec. 13 (Sec. SIRR), page 25, lines 14 through 26, by

striking out all of said lines and inserting (b) Any domestic company subject to the provisions o f this

act is required to have a formal investment plan which is designed to provide guidance for investment decisions by management. The plan shall be updated on an annual basis, as authorized by the board o f directors. The plan must set forth, in detail, company practices relating to internal controls regarding the dele- gation o f investment authority within the company. 'The investment plan shall include, at a minimum, a description of the investment strategy o f the company designed to provide for liquidity and diversity o f the investment portfolio. The investment plan, and such other information as the Insurance Depar t ment may require in order t o determine the impact o f the invest men1 plan on the solvency o f the company, shall be made available to the lnsurance Department during the course o f a financial condition examination conducted in accordance with 0

Amend Sec. I3 (Sec. 518D), pagc 26, line 9, by striking oitt all of said line and inserting

Sect ion 518D. Valuat ion o f I n v e s t m e n t s - (a) [Investments shall be valued in accordance with the published valuation standards o f thc National Association o f Insur ance Commissioners. Securities investmenls as to which the

National Association o f lnsurance Co~nmissioners has not published valuation standards in its valuation of securities manual or its successor pl~hlication shall be valued as follows:

( I ) Any investment by any insurer that is not valued by standards published by the National Association of lnsurance Com- missioners shall, at the time o f acquisition, be submitted to the National Association o f Insurance Commissioners ibr evaluation.] Investments shall be valued in accordance with published valuation standards of a national associati011 of insurance com- mirsioners, as approved by the lnsurance Commissioner. Securi- ties investments to whicl~ said association has not published valuation standards shall be valued as follows:

( I ) Any investment by an insurer that is not valued by standards published by a national association o f insurance commissioners, as approved by the lnsurance Commissioner, shall, at the time of acquisition, be submitted to the approved association for evaluation.

(2) Other securities investments shall be valued in accordance with regulations promulgated by the Insurance Commis- sioncr pursuant to subsection (d) of this section.

Amend Sec. 13 (Sec. SIRD), page 27, lines 3 and 4, by striking out "the National Association o r lnsurance Commissioners" and inserting

a national association of insurance commissioners Amend Sec. 13 (Sec. 518D), page 27, line 6, by striking out all

of said line and inserting (d) The Insurance Commissioner may promulgate rules and

regulations for detcrmining and calculating values to be used in financial statements submitted to the department for investrne~lts not subject to lpublished Natiortal Association of lnsurance Commissioners' valuation standards] published valuation standards of a national association of insurallce comnlissioners as adopted by regulation by the commissioner.

(el The eligibility o f an investment shall be determined as o f the date of its making or acquisition o r thedate olconimitment in the case of commitment to invest.

(f) If any invcstmcnt is made in an investment not permitted or in a manner not authorized by this act, the officers, directors and trustees making or authorizing such investmc~~t shall be personally liable for any loss occasioned thereby,

(g) Nothing in this act shall prohibit the acquisition by an insurer o f other or additional sccurities o r property if received as a dividend o r as a lawful distribution o f assets, o r upon a debt or judgment, or under a lawfol and bona fide agreement o f bulk reinsurance, merger or consolidation, or if acquired by i t tllrough the exercise of \rarrants, consolidation may be retained for a longer period i f so provided in the plan for such reinsurance, merger or consolidation. The commissioner nlay grant frorn time to time reasonable extensions of the period within which an insurer shall disposeolany such properly o~.security.

Amend Sec. I4 (Sec. 519.1). page 28, lines 2 and 3 , by striking out all of said lines

Atnend Sec. I4 (Scc. 519.1), page 30, linc 14, by striking out "NAIC"

=end Sec. 14 (Sec. 519.11, page 32, linc 5, by striking out W "NAIC"

T G i i n d Sec. 16 (Sec. 7 5 9 , page 33, lines 18 through 30, by striking out all of said lines and inserting

Section 755. Investment Plan.-Any titlr insurance company subject to the provisions o f this act is required to have a formal investment plan which is designed to provide glridance for investment decisions by management. The plan shall be updated on an annual basis, as apllroved by the hoard o f directors. 'The plan must set forth, in detail, company practices relating to internal controls regarding tllc dcle-ation of investnleot authority within the company. Tlle investine~lt plan shall include, at a W.

minimum, a description o f the invcstmen~ s~rategy of tlle company designed to provide for liquidity and diversity o l the

LEGISLATIVE J( DURNAL-HOUSE

Will the House agree to the amendments?

The SPEAKER pro tempore. On that question, the Chair recognizes the lady, Ms. Josephs.

Ms. JOSEPHS. Thank you, Mr. Speaker. The amendment that 1 am offering, amendment 4141, is a

comprehensive amendment to HB 1670. 1 am going to go through briefly what it does.

Number one, it changes the references in the bill, references made to the NAIC, the National Association of lnsurance Commissioners, to a national association of insurance commissioners, because the NAIC is a private entity and it cannot be empowered by the States to have legal standing as a regulator.

Two, the amendment provides for the disclosure of surplus notes on the annual statement of the company, and it provides for the Commissioner of lnsurance to give prior approval, requires that the Commissioner give prior approval, to all surplus notes.

Three, the amendment requires all domestic insurers to have a formal investment plan that provides guidance for management's investment decisions.

Four, the amendment defines "actuary," and it deletes reference to the American Academy of Actuaries for the same reason that we deleted a reference to the National Association of lnsurance Commissioners. We cannot empower a private group to have legal standing as a regulator.

Five, the amendment provides for the regulation of holding companies, providing for discovery procedures and a public hearing prior to Commissioner approval of any merger. It grants courts in the Commonwealth jurisdiction over entities who file a statement with the Commissioner and authorizes the Commissioner to act on their behalf. It increases department oversight of transactions between persons in a holding company by providing for notification to the department of transactions by domestic insurers. It requires prior approval of all extraordinary dividends, and it restricts pyramiding.

Six, surplus lines advisory organization. It deletes and restores to the Department of Insurance, our Department of Insurance, the ability to regulate surplus lines, companies, and business.

This amendment is very constituent, very consumer oriented. I offer it on top of a bill which is already consumer oriented to protect your constituents who are policyholders. It protects pensioners in your districts. I bring your attention, your memory, to the problem, a recent, very serious problem, with Executive Life pensioners who have lost 30 percent of their annuity checks.

It will stop the lnsurance Department from delegating important regulatory authority to private associations controlled by the insurance industry. The National Association of lnsurance Commissioners receives 5 percent, only 5 percent of its budget from the insurance regulators. The remainder comes from the industry. A private insurance, a private surplus lines association, should not be empowered to regulate its members either.

This amendment protects insurance companies from looting by their parent holding companies. Rockwood Holding Company is charged with fraud, civil conspiracy, breach of fiduciary duty, in its plundering of Rockwood Insurance Company assets, and that is from Best's.

The payment of excessive dividends contributed to the demise of Rockwood, and according to the "National Under- writer," which is the trade weekly of the insurance industry, the National Association of Insurance Commissioners accreditation team will not accredit States with the "holding company" language in the current print number. We will not be accredited, which means we will come back here again to work on another amendment if we do not pass this comprehensive amendment.

This amendment will stem the uncontrolled flow of policy- holder cash out of insurance companies in the form of excessive dividends. It will stop insurers from falsifying their financial strength through sleight-of-hand accounting gimmicks. It will require truthful accounting of surplus notes and let consumers know that a company is highly leveraged before they buy a policy, not when the company is in trouble or in receivership.

Those consumers who do careful research and try and find a company that is solid are being fooled by some of the financial statements that they arelooking at. This bill will help your consumers, your prospective policyholders, to buy policies from companies which are solvent and will probably remain solvent.

Mr. Speaker, Federal law enforcement officials now believe that insider insurer fraud is the number-one trend in white- collar crime. 1 do not mean to impugn the reputation of most people who are insurance executives, and good insurance executives, but last year a special grand jury in Texas investi- gated 60 belly-up Texas insurers and found fraud in half of them.

The American Council of Life lnsurance examined 68 insolvencies and discovered that fully a quarter had been pillaged by white-collar thieves. And a year after his insurance company collapsed, and that insurance company was Conti- nental Bankers Life lnsurance Company of the South, executive Billy G . Armstrong's residence was featured on the syndi- cated television program "Lifestyles of the Rich and Famous."

1 think it is very important that we pass this comprehensive amendment.

Before I finish with this talk of the amendment, I want to say that as I started, I noticed that my colleague, Dick Hayden, stepped down from the podium and there was some applause for him. I think a little bit before we go on with debating this, we ought to give Dick Hayden a hand, a very able member. I am very sorry to lose him here for this and for many other issues.

1936 LEGISLATIVE

THE SPEAKER (ROBERT W. O 'DONNELL) PRESIDING

The SPEAKER. Has the lady concluded? Ms. JOSEPHS. Yes, Mr. Speaker. Thank you. The SPEAKER. The Chair recognizes Mr. Reinard. Mr. REINARD. Thank you, Mr. Speaker. Mr. Speaker, we are here for a very important piece of leg-

islation dealing with solvency; a piece of legislation that all 50 States are going to be dealing with according to the NAlC

model. This legislation that we have before us today is a piece of

legislation that has taken hard work and dedication by the lnsurance Department and all segmenls of the insurance industry. The bill in the form before us today is a piece of legislation that has the support of the Insurance Department of Pennsylvania. Unfortunately, 1 cannot say the same for t h ~ amendment by the lady, Ms. Josephs. The amendment does not have the support of the Insurance Uepartntent. We addressed this amendment in committee, and when the legislation was originally discussed, the amendment failed in corn- mittee.

It is important that this piece o f solvency legislation get to the Senate without any further delay. 1 would ask the members o f the House to vote "no" on this legislation.

The SPEAKER. The Chair recognizes Mr. Colaizzo. Mr. COLAIZZO. Mr. Speaker, 1 rise lo speak against this

amendment. I would like to refresh the tnemorics of my colleagues on both sides o f the aisle o f the menlo that we received dated November 17 in regard to HB 1670, in which it says i t is the insurance financial solvency legislation. This legislation is based in large part on the model legislation proposed by the National Association of Insurance Commi~siollers and strengthens minimum requirements for the department's regulation of the financial solvency o f insurance conipanies.

In January of 1992 the National Conferelice o f State laegis- latures reported that 40 States liad adopted at least I of the NAlC models, laws, or regulalions which have developed in establishing minimum standards for State regtilation of insurer solvencies. Nine States had been accredited by the NAlC for meeting these standards when the House Insurance Committee firs1 considered the financial solvency legislatior1 in March of 1992. The number 01' accredited Stales has now increased to 14 States, and additional Slatcs haw requested accreditation reviews.

The lnsurance Department Strongly supports the financial solvency legislation in its current form. The department has carefully reviewed amendments to be offered on the floor and respectfully cannot support them.

I urge my colleagues on both sides o f the aisle to defeat this amendment or any other amendments that are presented to this bill. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes Mr. Godshall. Mr. GODSHALL. Thank you, Mr. Speaker. I totally concur with Representative C ~ l a i ~ z o and Repre-

sentative Reinard on this legislation.


The Insurance Committee very carefully looked over this and other amendments and turned them down in committee. And as the previous Representative who offered the amendment said, if we do not pass this legislation, we will not be accredited. That is absolutely, lotally true. But the legislation which will give us the accreditation is HB 1670 as it stanrls.

So I an1 asking for the del'eat of thi? amcndment. Thank

~ h , SPEAKER. The Chair recognires the lady, Ms. josephs,

Ms. JOSEPHS. Thanh you, hlr. Speaker. ~h~ previous speakers have said that i f this is not passed,

,ve will no t get I think that is not truc. We are the fifth larger( market for insurance in tlle country. The

- ~ ~ t i ~ ~ ~ l Association of insurance Commissioner\, which is made up of commissioners and industry, individuals and con- s u m e r ~ , is "01 going to put us in a position in which weare riot accredited, because we as a State, as consumers, really do providelhcln with an enormous amount o f business.

secondly, we have all o f next year, all of 1993, and perhaps beyond, but certainly all of next yrar for the National Associ- ation of Insurance Commissioners to accredit us. That is a good long time.

1f need to scnd this back and the Senate has to stay in in order to improve sornc good col~sumer amendments, that can be done. We are the legislature. If i t is good ror our constitu-

ents, we can spend another half hour or anothcr liall day or ,,,iher half week working on chi? legitlation in order to protect policyholders from the kinds of financial problems that many, many o f our constitue~its have had hecause of illsurallce insolvencies.

he Dingell committee, \\,Iiich reported to Congress or1 the insurance industry, had this to say ahoul what was happening i n the insurance industry loday. They ?:rid, "...tales of mis- management abound increasingly and so do the stories o f out- right fraud." "Tile title of reports on the insurance industry

t o any insurance person check his actuarial table,v ~h~~~ things, these newspaper and news nlag; l r ine reports and congressional reports are en!illed, "Is lnsura~ice ~~i~~ the way of the s&I.'s?" "lnsl1rallce: Thc Next Indus- t ry in crisis?" pronlises: I~isurance Company Insol- ,,cncieF." "what the reports and tlx~ny ohscrvers agree on, thollgh, is how in the early eighties, the normally con- se rva t ive insurance business fell under the s;irne spell of hyper- charged profits thal bewitched hanks. Sbtl 'i, and stock tr;lders.- " F ~ ~ ~ ~ the State H ~ U S C to [he U.S. l~cpa r tmcn~ of ,lustice, invest igalors p u r s l l i l l e these so-called f i n a n c i a l buccaneers as before."

I think we need to prolcct our constituents against these folki, arid do so best by voting for rtly amelldment. Thank you, hqr. Speaker. Thank you, ladies and gentlemen.

The SPEAKER. The Chair recognizes Mr. Ciodshall. Mr. C;ODSHALL.. Thank you, Mr. Spcaker, and very

briefly. you know, the previous speaker had said if wc need

another half hour, if we nerd rnorc limc to do i t right, we


should take that time. The committee has already spent time I The SPEAKER. The Chair recognizes Mr. Uliana.

some concern in the insurance world, and it is for that reason that the Federal Government has been looking to enact Federal legislation. It is for that reason Lhat the National Association of Insurance Commissioners has chosen to Lry to do model legislation.

What Representative Josephs is trying to do is to say that we should not be doing the minimum, that there is too much at stake, that our constituents' life savings are at stake when they invesl them in annuities, and that by taking the risk of doing the minimum, we will either come back hcre later to do stricter legislation or we might see additional insurance company failings and we will see further constituents faced with no income from an investment that they had made for their retirement years. So I want you to think closely about this amendment.

Representative Josephs and 1 are not up here because we want to be overly harsh with the insurance industry, nor do we want to make Pennsylvania a had place in which to do business. Our interest is to protect people who have invested their lifc savings in companies that they think are well regulated, well regulated, and that is the issue. Wc believe that those companies necd to be well regulated and not regulated to the minimum standards, and it is for that reason that I encourage you to support this legislation. Thank you.

The SPEAKER. The Chair recognizes Mr. Reinard. Mr. REINARD. Mr. Speaker, not lo prolong this vote any

longer, but I think it is important for the House to know that the cornnients by Representative Murphy are the commerlts of why we are in support of HB 1670. The reason why the State's insurance regulator, the Insurance Department, though, dis- agrees with Ms. Josephs' amendment is because they have reviewed HI3 1670 and feel that that i? the best for Pennsyl- vania. It is the legislation that we have worked on. It has thc consensus, and i t will take Pennsylvania through the solvency process. I t is what we need here, and I again ask for a "no" vole on the Josephs amendment.

on this legislation. We have come out with HB 1670, which we f e d will give us accreditation. Also, the Insurance Depart- ment has stated, I quote, "The Insurance Department of the State of Pennsylvania strongly supports the financial solvency legislation in its current form, which is HB 1670."

I ask for the defeat of this amendment and further amendments which would change HB 1670. Thank you.

The SPEAKER. The Chair recognizes Mr. Murphy. Mr. MURPHY. Thank you, Mr. Speaker. 1 rise in support of these amendments. Many of you, Repi~blicans and Democrats alike, have

called our office concerning businesses in your districts or individuals who have lost their life savings, who have lost their investments in annuities. So while insurance issues tend to put people t o sleep, understand, this directly affects many, many people across this country and in this Commonwealth.

We have watched the savings and loans fail, we have heard about a pending bank crisis, and there has been evidence of

Acasra Adolph Arnold Battisto Bishop Hlauni Bawley Broujor Caltagirone Cappabianca Car" Cawley Caherl Cole DcWecse

Mr. ULIANA. Mr. Speaker, I will be very brief. We have heard a lot of talk about what is best for the con-

sumers of Pennsylvania, what is best for those people who put their savings into annuities in insurance. The best thing we could do for them is to defeat this amendment, adopt this legislation, and gel them a tough solvency package, which is in HB 1670. That is a fine piece of legislation which has been worked on for the full year. If we adopt that piece of legislation, we can give the consumers the confidence to invest in insurance vehicles without having the threat of losing those savings.

I urge every member of this General Assembly to defeat this amendment. Thank you, Mr. Speaker.

On the question recurring, Will the Houseagree to the amendments?

following roll was recorded:

YEAS-57

Allen Anderson Angrradr Argall Armstrong Barle) Belardi Helfanti Hlrmeli~i Black Hoyes Brown Buot Uiirh Carlion Caronc Ccssar Clladm ick Civera Clark Ctymrr Colafella

Corrigan Coirell Cay I>C[.UC~ I>alev

Dunalocci Freeman Freind Oamblr George llaluska Harper H~lgiics lrkin James Josephs Kenney Krui/cw?ki LaGrotta

tail Fargo Farmer Fee Fleaele Flick Foster Callen Cannon Geiit Gerlach (iigliolli Glaiieck Godshall Cruitra (iruppo Hagarty Hanna Harlcy Hasay Hayden Hayes Hcckkr Herman Flershcy He% Jadlowiec larolin l0I,"h0"

Kaiser

I.evdanskg Linton I.luyd Lucyk McHalc McNallg Maiale Micl~luvic Mihslich Murphy Oliver Pcrci Pctraica Pisrclla

NAYS-141

Laoghlin L.awle<i l e e L.sh Lcscovirr McCall McGeehan McHugh Markosck Mariico Mayernih Melio Merry Micazrie Mundy Nahill Nailor Nickol Noye Nyce O'Brien Olasl Perzel Pelronc Phillip5 Piccola Pitts Preston Ra)mood Rebcr

Richardson Rieger Robinson Roebuck Saloom Steelman Stcighncr Slurla Surra Taylor, F. Thomas Tigue Trich Wogan

Schuler Scrimcnti Semmel Serafini Smith, 6 . Smith, S. H. Snyder, D. W Snyder, C. Staback Stairs Stetlrr Srish Strittmaucr Stuban Tangretti Taylor, E. %. Taylor, J . Telek Tomlinsan Trello Tulli Uliana Van Harne Vance Veon Vroun Wambach Williams Wilson Wozniak

Drmpsey hacunic Reinard W r i g h t ~ , ~ . R. I lmt King Ritter Wright, M. N Ilermody Korinski Rudy


A similar amendment, if not the same amendment, was defeated in the House Insurance Committee simply because we do have a method of funding. It is called an assessmenl process on the existing companies, and I believe that nobody in the State of Pennsylvania at this time has ever been failed for lack of funds in that department. It is the Insurance Department's responsibility to assess companies to cover any such losses. It is done not on a prefunded basis, however, presently. The Department of Insurance in the State of Penn- sylvania sees no need to go to this, and again we would urge your defeat of this amendment to HB 1670, which in its oresent form is the best that we can eet for the State of Penn-

up. For example, this year, in 1992, the fund's entire assets were used up in February of 1992, meaning with further insolvencies, people will not receive any funding, any payments on those annuities, on their pensions, until 1993.

Now, I want you to think about that. It would be like the House of Representatives running out of money in February of this year and us receiving no salaries for 10 months. Think about that. Is that what you want your constituents to face? Well, that is what they are facing today, and it is for that reason that 1 think it is critical that we prefund this, that we do not wait till after the fact.

I urge your support of this amendment. The SPEAKER. The Chair recognizes Mr. Reinard. Mr. REINARD. Thank you, Mr. Speaker. Mr. Speaker, again it is important for the members of the

House to know that a similar amendment was defeated in the House Insurance Committee at the time it was offered by Representative Murphy.

I am not stating my position; I am stating the position of the Insurance Department when they say that converting from a post- to a preassessment Guaranty Fund will pose a prohib- itive burden on member insurance companies currently partic- ipating in the Guaranty Fund. This is an amendment that the Insurance Department at this point in time sees not necessary in converting towards, and I ask the House tovoteagainst it.

The SPEAKER. The Chair recognizes Mr. Colaizzo. Mr. COLAIZZO. Mr. Speaker, 1 also rise to ask for the

members on both sides of the aisle to defeat this amendment. This amendment is superfluous to this bill.

The SPEAKER. The Chair recognizes Mr. Godshall. Mr. GODSHALL. Thank you, Mr. Speaker.

- sylvania. Thank you.

The SPEAKER. The Chair recognizes the lady, Ms. Josephs.

were holding-and not only more fully reimbursed in the case of bankruptcies and insolvencies but this reimbursement will come sooner and faster to them.

I urge a vote for Representative Murphy's amendment, and I thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes Mr. Murphy. Mr. MURPHY. For the second time, Mr. Speaker, briefly,

because 1 think Representative Godshall might have misled the members when he says that there is a mechanism for reas- sessing the insurance company. That is indeed true. That mechanism is in place right now, but that mechanism does not kick in place until the following year, so this year-listen to what I am saying-this year the insurance companies capped out in February at the $150-million cap in payments out of the Guaranty Fund. That means from February of 1992 until January of 1993 there can be no further reassessments. That means that that individual in your district who invested their life savings in an annuity in a company that went insolvent or for some reason has not been able to pay that annuity, that your constituent now must wait 10 months before they will collect that monthly payment, on which they might depend for their survival. Is that what you want? If it is what you want, you will vote against this amendment. If you think that your constituent ought to have a timely payment on their investment, on their life savings, then you would support this amendment. Thank you.

On thequestion recurring, Will theHouseagree to theamendments?


YEAS-65

Ms. JOSEPHS. Thank you, Mr. Speaker. I rise in support of this amendment. Again, we need to

protect our consumers, our policyholders. A preassessment fund which will be levied against all insurance companies, not just the ones who are left solvent after there has been a bank- ruptcy, appears to me to be fairer to the insurance industry- and it puzzles me that they oppose it-and i t certainly is fairer to our policyholders, our constituen~s, who can from this fund get more fully funded-and remember, Executive Life people lost a very large percentage of the policies that they

Acoita Arnold Ballisto Bishop Blaum Bowley Broujos Butkovit~ Caltagirone Cappabianca Carn Carone Cawlcy Cahen Cole

DeWeesc Daley Danalucci Freeman Gamble Gigliotti Haluska Harper Hayden Hughes ltkin James Jarolin loscphs Ko~inski

Le>dansky Linlon Lloyd Lucyk Mcticehan McHale McNally Maiale Michlovic Mihalich Murphy Nahill Olasr Oliver Petrarca

Rieger Robinson Roebuck Scrimenti Steelman Stuban Sturla Surra Thomas Tigue Trello Trich Williams

Cowell Krebi Pistella speaker DeLuca Kruizrwski Richardson

NAYS-134

Adolph Allen Anderson Angst ad1 Argall Arnistrong Barlcy Belardi Belfanti Birmelin Black Bores Brown Bunt

Fargo Farmer rce I~leaglc Flick Fo~te r Freind Callen Cannon Geisl George tierlach Gladeck Godshsll

Laughlin Lawless Lee Leh I.ercovitz McCall McHugh Markorek Marrico Mayernik Melio Merry Micozrie Mundy

Saurman Scheetr Schuler Semmel Scrafini Smith, B. Smith. S. H. Snyder. D. W . Snyder, G . Staback Stairs Steighner Sletler Stish

1940 LEGISLATIVE

Carlson Gruppo Nickol Tangrctti Cessar Hagarty Noye Taylor, E. 2. Chadwick Hanna Nyce Taylor, F. Civera Harley O'Brien Taylor, J. Clark Hasay Perrel Telek

Tomlinson Clymer Hayes Pesci Colafella Heckler Pelrone Tulli Colaizzo Herman Phillips Uliana Cornell Hershey Piccola Van Horne Carrigan Hess Pills Vance COY ladlawiec Preston Vcon Davies Johnson Raymond Vroon Dempsey Kaiser Reber Wambach Dent Kasunic Reinard Wilson Dermady Kenney Ritter Wogan Durham King Rudy Wozniak Evans Kukovich Ryan Wright, D. R. Fairchild LaGrorta Saloom Wright, M . N . Fajt L a n g t ~

N O T VOTING-0

EXCUSED-2

Billow Mrkonie

T h e question was determined in the negative, and the amendments were not agreed to.

On the question recurring, Will the House agree t o the hill o n third consideration? Mr . BOWLEY offered the following amendments No.

A4139:

Amend Sec. 19 (Sec. 1502), page 122, by inserting between lines 10 and l l The Insurance Commissioner shall deem an insurer impaired, for W o s e s of this article, which does not pay a legitimate annuity claim in forty-five (45 days or less.

Amend Set, 19 15061, page 129, line by out "If a" and inserting a he association shall guarantee coverage of one hundred cents (100o)each dollar for relevant policies, up to the limits provided in section 1503(c), within fifteen (15) days, when an insurer has been deemed impaired by the commissioner for failure to fully pay a legitimate annuity claim within forty-five (45) days. !The &ociatioMiay require a person receiving benefits under this articlete assign their rights as specified under subsection (n), to the extent of the benefit received from the association.

Amend Sec. 19 (Sec. 1506), page 130, line 3, by striking out "(b)" - and inserting

(c) Amend S& 19 (Sec. 1506). page 130, line 5, by striking out

"timely" and inserting within sixty (60) days

Amend Sec. 19 (Sec. 1506), page 130, line 7, by striking out "(a)" - and inserting

w Amend Sec. 19 (Sec. 1506), page 13 1, line I I , by striking out

"@" and inserting (d)

Amend S F . 19 (See. 1506), page 131, line 11, by inserting after "w'

within thirty (30) days Amend Sec. 19 (Sec. 1506), page 131, line 22, by striking out

"@J" and inserting b2

Amend Sec. 19 (See. 1506), page 131, line 23, by striking out "(d)" - and inserting

@l


Amend See. 19 (Sec. 15061, page 131, lines 23 and 24, by striking out "(b)(l)(ii) or (c)(3)" and inserting

(c)(l)(ii) or (d)(3) Amend Sec. 19 (Sec. 1506), page 134, line 3, by striking out

"(e)" and inserting - (0 t

Amend S G 19 (See. 1506). page 134, line 3, by striking out "(b)(l)(ii) or (c)" and inserting

(c)(l)(ii) or (d) Amend See. 19 (See. 15061, page 134, line 8, by striking out

"(f)" and inserting - (9)

Amend S& 19 (See. 1506). page 134, line 16, by striking out "(g)" - and inserting

(h) Amend SG 19 (Sec. 1506), page 134, line 21, by striking out

"(h)" - and inserting

@ Amend Sec. 19 (See. 1506). page 134, line 26, by striking out

"(i)" - and inserting ti)

Amend s%. 19 (See. 1506), page 134. line 26, by striking out "(b) and ("1" and inserting

(c) and (dl Amend See. 19 (Sec. 15061, page 135, line 13, by striking out "u' and inserting

(k) Amends&? I9 (See. 1506), page 135, lines 13 and 14. by strik-

ing out .,, reasonable period of time,, and inserting sixty (60) days

Amend Sec. 19(Sec. 1506), page 135, lines 14and 15, by striking out "(b)(l)(ii), (c) and (d)" and inserting

(c)(l)(ii), (d) and (e) Amend See. 19 (See. 1506), page 135, line 17, by inserting

after "e' if the association fails to act within fifteen (15) days as provided in subsection (a), the commissioner shall have the powers and duties of the association with respect to insurers deemed impaired

Amend See. 19 (See. 1506). page 135, line 18, by striking out "(k)" and inserting -

(1) Amend S F . 19 (See. 15061, page 135, line 23, by striking out

"(I)" and inserting - (m)

Amend ~ z 1 9 (Sec. 1506), page 136, line 8, by striking out "(m)" and inserting -

(n) Amend SZ 19 (Sec. 1506), page 136, line 29, by striking out ''W'

(0) Amend SZ 19 (See. 1506). page 137, line 21, by striking out

''W' and inserting (PI

Amend SZ 19 (See. 1509). page 143, line 8, by striking out "a time" and

thirty (30) days Amend Sec. 19 (Sec. 1509), page 143, line 12, by inserting

after ''W' Deeming an insurer impaired under this article for nonpayment o f a legitimate annuity claim within forty-five (45) days shall serve as an automatic demand on such insurer to immediately pay such annuity claim.

Amend Sec. 19 (Sec. 1509), page 143, line 28, by striking out "sixty (60)" and inserting --

thirty (30) b

Amend Sec. 19 (Sec. 15091, page 144, line 8, by inserting after "article." -


(e) If the association fails to act on a legitimate annuity claim under section 1506(d), the commissioner shall order payment of the claim within fifteen (15) days under section 15066).

Set. 19 (Set, 1510), page 144, lines 23 and 24, by strik. ing out "within thirty (30) days"

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

The SPEAKER. On that question, the Chair recognizes Mr. Bowley.

Mr. BOWLEY. Thank you, Mr. Speaker. With the indulgence of the members, I would like them to

seriously consider my amendment. 1 have been involved in this issue since April of 1991, when a headline in my local paper told me that over 400 workers at a company in my district potentially could lose their retirement benefits because the seizure of the Executive Life Insurance Company of California may jeopardize their retirement benefits.

My amendment would specify certain time limits for action by the Guaranty Association and the lnsurance Department when an insurer has been declared impaired or insolvent and sets forth specific actions and timetables for action when an insurer fails to pay annuity claims.

Men and women of your district who had annuities and life insurance policies with this company in California today are not being paid, and if you want those people in your district to receive their payments on their annuities for the rest of their life, then you would support this amendment, which will require the lnsurance Department and the Pennsylvania Guaranty Association to come forward and pay 100 percenl on the dollar for those people who are retired.

1 ask for an affirmative vote. The SPEAKER. The Chair recognizes Mr. Reinard. Mr. REINARD. Thank you, Mr. Speaker. Again I have to reiterate the lnsurance Department's oppo-

sition to the Bowley amendment and ask for the House to defeat this amendment.

The SPEAKER. The Chair recognizes Mr. Colaizzo. Mr. COLAIZZO. Will the maker of the amendment please

stand for interrogation? The SPEAKER. The gentleman indicates that he will. The

gentleman may proceed. Mr. COLAIZZO. Thank you, Mr. Speaker. What was the name of the company that you are referring

to? Mr. BOWLEY. Executive Life lnsurance Company of

California. Mr. COLAIZZO. Thank you. Mr. Speaker, 1 have had that same company going bank-

rupt in my district. I have quite a few pensioners, and they are receiving their annuity payment for their pension program at 70 percent and they will be getting their 30 percent in time, so they did not lose their total pension payment. Thank you.

The SPEAKER. The Chair recognizes Mr. Godshall. Mr. GODSHALL. Thank you, Mr. Speaker.

What the Bowley amendment does is say that the insurer shall be deemed impaired by the Commissioner for failure to fully pay a legitimate annuity claim within 45 days. What the Insurance Department says about that is this: The Commis- sioner would be forced, would be forced to deem an insurer to be financially impaired if the insurer fails t o pay an annuity claim within 45 days without consideration of the insurer's financial condition. The current definition of an impaired insurer relates to a degree of financial soundness, such as a rehabilitation proceedings, so therefore, we would possibly be forcing the company into insolvency with this amendment, for this was one o f the main reasons that it was defeated in committee and should be again defeated tonight. Thank you.

The SPEAKER. The Chair recognizes Mr. Colaizzo. Mr. CO1,AIZZO. Mr. Speaker, 1 failed to say in my

remarks, 1 urge my colleagues on both sides o f the aisle to defeat this amendment. Thank you.

The SPEAKER. The Chair recognizes Mr. Bowley. Mr. BOWLEY. Mr. Speaker, I am somewhat baffled, even

though I know I will be leaving this chamber in a few short days. Whom are we here to represent - the lnsurance Depart- ment or the working men and women in our districts? If each of us did not get 30 percent o f our salary for 6 months, we would be screaming, too. These people back in your district are not being paid 100 percent of their annuities, and it is wrong. We have got t o force the lnsurance Department to come forward, take tough action, and force the Guaranty Association to come forward with these payments so the people that are retired can get full payment and benefits that they deserve, after working many years at these companies around the Stale. 1 just do not see how you can not support my amendment if you care about working men and working women back in your district.

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


YEAS-71

Acosra Fajl 1.es~ovitz Roebuck Arnold 1:rucmao Levdansky Rudy Bartiito Gamblc Linton Scrimenti Hslardi G i u i t ~ a Lloyd Staback Belfanti Halusks Lucyk Sreelman Hlaum Hanna McGeehan Stctler BOWICY Harper McHale Stish Broujos tlayden Maiale Stuban Butkuvitz Hughes Michlovic Sturla Calragirone l tk in Mihalich Surra Cappabianca James Murphy Taylor. F. Car11 Jarolin Pctrarca Tigue Cahen Josephs Pisrclla Trich

Kaiunic Preston Vcon cowell Kosinski Richardson Williams DeWeese Krebi Kieger

E:ody Kruszewiki Riiter O'Donnell, Kukovich Robinson Speaker

I)onatucci NAYS-124

Adolph Durham LaCrotta Saloom Allen Evan? Langtiy Saurman Anderson Fairchild Lalighlin Schret~ Ailgstadt Fargo Lawle~r Schulrr


Argall Farmer Lee Semmel Armstrang Fee Leh Serafini Barley Fleagle McCall Smith, B. Birmelin Flick McHugh Smith, S. H. Bishop Foster Markosek Snyder. D. W. Black Freind Marsico Snyder, G . Boyes Callen Mayernik Stairs Brown Cannon Melio St~ighner Bunt Geist Merry Strittmatter Bush George Micorrie Tangrrtti Carlson Gerlach Mundy Taylor, E. Z. Carone Cigliotti Nahill Taylor, J. Cawley Gladeck Nailor Telek Cessar Godshall Nick01 Thomas Chadwick Gruppo Noye Tomlinson Civera Hagarty Nyce Trello Clark Harley O'Brien Tulli Clymer Hasay Oliver Uliana Colafella Hayr;, Perzel Van Horne Colaizzo Heckler Pesci Vance Cornell Herman Petrone Vroon Corrigan Hershey Phillips Wambach COY Hess Piccola Wilson DeLuca Jadlowiec Raymond Wogan Davies Kaiser Reber Worniak

Kenney Reinard Wright. D. R. Dempsey Dent King Ryan Wright, M. N.

NOT VOTING-4

Johnson McNally Olasz Pitts

EXCUSED-2

Billow Mrkonic

The question was determined in the negative, and the amendments were not agreed to.

On the question recurring, Will the House agree t o the bill on third consideration? Mr. STURLA offered the following amendment No.

A4158:

Amend Sec. 2 ( S ~ C . 206), page 4, line 2, by inserting after ‘‘($2,000,000)," which shall be adjusted on an annual basis by the Insurance Com- missioner to reflect a change in the rate of inflation as determined by the average annual percentage increase in the Consumer Price Index for All Urban Consumers, United States City Average, All Items, for the twenty-four month period preceding the start of that fiscal year, for which statistics are available,


The SPEAKER. The Chair recognizes Mr. Sturla. Mr. STURLA. Mr. Speaker, essentially what the amend-

ment does is say the amount the insurance companies are required to hold in reserve gets adjusted upward annually. This amendment is placed in here at the request of a local insurance company in my district that is a solvent insurer, that is constantly forced to bail out insolvent insurance companies that are not required to up their reserves, and all this is doing is trying to make sure that those solvent companies through- out the State d o not have to keep bailing out insolvent ones because they have inadequate reserves as the years progress. Thank you.

The SPEAKER. The Chair recognizes Mr. Reinard.

Mr. REINARD. Mr. Speaker, again, the reason for the department's opposition to this amendment is because under HB 1670, for the first time the department will have the ability to do this on a case-by-case basis. The Insurance Commis- sioner will be able t o determine what assessments, what infla- 't

tion dollar amounts are necessary, and again, this is an amendment that the department deems unnecessary.

The SPEAKER. The Chair recognizes Mr. Colaizzo. Mr. COLAIZZO. Mr. Speaker, I riseand agree with Repre-

sentative Reinard's remarks, and 1 urge members on both sides o f the aisle to defeat this amendment.

The SPEAKER. The Chair recognizes Mr. Sturla. Mr. STURLA. Mr. Speaker, with this amendment, the

Insurance Commission would still have the right t o do anything beyond what this does. It simply requires them each year to up that amount. Right now they have that power; they simply do not use it. This is requiring that they at least do this much of an increase each year.

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


YEAS-58

Acusra Colafella Krebs Richardson Arnold Cole Kruszewski Rieger Battisio Cowell Kukovich Ritter ~ ~ ~ ~ ~ d i DeWeese Linton Robinson Belfanti Daley Lloyd Roebuck Bishop Donatucci Lucyk Steelman Blaum Freeman McGeehan Stiah Howlcy Gamble McHale Stuban Broujos Haluska Maiale Sturla Bulkovit, Harper Michlovic Suira Caltagirone Hughes Mihalich Tigue Cappabianca Irkin Murphy Trella car" James Petrarca Trich Carone Josrphs Pistella Vean Cohen Kosinski

N A Y S 1 3 7

Adolph Fee Lee Scrimcnti Fleagle I,eh Semmcl

Andcisan Flick Lescovitr Serafini Angstadt Foster McCall Smith, B. Argall Frcind McHugh Snlirh. S. H. Armitrang Gallen Markosek Snyder, D. W. Barley Gannan Marsico Snyder, G . Birmelin Grist Mayernik Staback Black George Melio Stairs Hayes Cerlach Merry Sieighner Brown Giglioiti hlicariir Sletler

Gladeck Mundy Strittmattrr Bush Godshall Nahiil Tangretti w c,,l,,, Gruitza Nailor Taylor, E . z. Cawlcy Gruppo Nickol Taylor, F. Ce"ar Hagarty NO ye Taylor. J . Chadwick Hanna Nyce Telek ~ i , , , , Harley O'Brien Thomas Clark Hasay O l a v Tomlinson 'Iymer Haydcn Olivcr Tulli C o l s i r ~ o Hayes Prrrei Uliarta ~ ~ ~ , , ~ l l Heckler Pehci Van Horne Coriigan Herman Petrone Vancc Coy Hershcy Phillips Vroon t Del~uca Hrss Piccola Wambach Davies Jadlouiec Piits Williami Dempsey Jarolin P re~fon Wilson Ilenl Johnson Raymond Wogan

T h e majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative a n d the bill passed finally.

Ordered, That the clerk present the same t o the Senate for concurrence.

1944 LEGISLATIVE JOURNAL-HOUSE

VOTE CORRECTION

Donatucci I.aGrotta Roebuck NAYS-I

Freind N O T VOTING-1

Linton EXCUSED-2

Billow Mrkonic

Mr. PITTS. Mr. Speaker? T h e SPEAKER. For what purpose does the gentleman rise? Mr. P ITTS. Mr. Speaker, I was out of my seat a n d missed

the vote on the Bowley amendment A4139. 1 would like t o be recorded in the negative, please.

Belardi rreind Belfanri Callcn Birmelin Gamble Bishop (;anno" Black Geiat Blaum George Boivley Gerlach Boycs Giglioui Rroujah (;ladeck Brown Godshall Bunt Gruitza

BILLS AND RESOLUTIONS PASSED OVER

T h e SPEAKER. T h e Chair returns t o the calendar. The remaining matters on the active calendar will be over for today.

BILL AND VETO MESSAGE REMOVED FROM TABLE

T h e SPEAKER. Is the gentleman, Mr. Gerlach, seeking recognition?

Mr . GERLACH. T h a n k you, M r . Speaker. 1 would like t o make a motion a t this time that HB 1721 bc

Bush Gruppa Butkovit~ Hagarty Caltagironc Haluika Cappabianca Hanns Carlion Harle) Cain Harper Caronc Haba) Caaley Hay den Cessar Hayes Cbadwick Heckler Civrra Herman Clark Hershey Clymcr Hcii Coltar Hughes Colafella I t k i n (:olai,,o Jadlowicc Cole lamer Corncll Jarolin Corrigan Johnson Cowcll Joiephs Cor Kaiser

McCali McGeehan McHale McHugh McNally Maiale Marhosck Mar~ico Ma)crnik Melio hlcrry Michiovic hlicazric Mihaiich Mundy Morohv

NOVEMBER 18,

Smith, B. Smith, S. H. Snyder, D. W . Snyder. C. Stabacl Stairs b Stcclman Steighner Stetlei Stish Strittmattcr Stuban Sturia Surrn Tangretti Tovloi. E. %. Taylor, F. Taylor. J. b Tclek Thomai Tigue Tnmlit~soo riello l'rich 'Tslli Uliasa Van Hurne Vance Vcon Vroon Wsmbach Williams

IDeLuca tiaiunic Presli,n W i l ~ o a Ualey Kenney Raynlond Wogan Davies King Rrher Worniak Demprey hosiniki Rsinard Wright. D. K. Dent tircbi R1c1urds011 Wrighl. M . N Oermody tiioszc\vski Rieger Uonat~lcci Kulovich Ritter O'Dnnncll, Durham La(iro1ta Rahiclroo Speaker

NAYS-]

DeWeeie

N O T VOTING-O

EXCUSED-2

removed from the tabled bill calendar for immediate consider- 1 Billow Mrkooic ation.

T h e SPEAKER. This is not a debatable motion, but for the The question was determined in the affirmative, and the

information of the members, H B 1721, P N 3495, can be motion was agreed to.


found o n page 15 of the tabled calendar. This is a bill that has passed the House a n d the Senate, was subsequently vetoed by the Governor. This is the veto message o n HB 1721, so taking from the table places the bill in a position t o consider an override.

O n the question, Will the House agree t o the motion?

Acosta Adolph Allen Anderson Angitadt Argall Armstrong Arnold Barley Battisto

The following communication was r rad:

To the ~ ~ ~ ~ ~ ~ ~ l ~ , Ho,tse of Kcplcscrltatives of the Commonwealth of Petinsylvania

I ,vilho,,l my approval, Ho,15e Bill 1721, Printer's No. 3195, entitled "AN ACT amending Title 42 (Judiciary and Judicial Procedure) or tlic Pennsylvania Consoli-

. . . . , . . dated Statutes, . . w reeulatine testimonv of defendants as to other offenses."

Evans Fairchild Fajl Fargo Farmer Fee Fleagle Flick Foster Frccman

I.angrry ILaughlin I.awleii Lee 1,ch I.CSCOY~~L Lerdanshy Linton Lloyd Lucyh

Roebuck Rudy Ryan Saloom Saurlnan Schcc~r Schuler Scrimenti Semmel Serafini

~"~~~~~ v ~ ~~ ~ ~

For nearly a century i t has heen the rule in this Commonwealth lhat no defendant in a criminal proceeding shall he con~pelled to answer questions on cross-examination about convictions of prior crimes of dishonesty or falsehood. The purpose o f this rule is to prevent the predisposition and tainting o r the minds o f the jury with inferencestliar tile defendant isgttilly without giving the proper deference to the presumption o f innoccncc until pro\,en guilty beyond a reasonable doubt.

This prohibition preventing cross-examination about prior crimes must not be misunderstood to comnletclv orohibil the . . prosecutor from presentins evidence o l such crimr\ l o the jury to disprove the reliability of the veracity or trulhl'ulnc\s o f a detrn-


dant who testifies as a witness. The current state of the law permits the prosecutor to put such evidence on the record during the time allotted to the Commonwealth to rebut the case presented by the defense.

This bill changes almost one hundred years of criminal procedure by relieving the prosecution from the responsibility of showing that the defendant was convicted of prior crimes of dishonesty or falsehood, and permitting the prosecution to force admissions from the mouth of a defendant who voluntarily takes a seat before the jury in order to defend against the accusarions of criminal conduct. This is a substantial change in a rule of evidence which has consistently been applied in case after case since 191 I, and which most likely helped to save defendants from being convicted of crimes for which they were unjustly accused.

I cannot approve this bill because no reasonable or legitimate justification has been presented to me for overturning a long and well accepted rule of evidence intended to ensure Fairness in criminal trials, and because it flies in the face or the very purpose and intent of the rule to avoid the creation of a predisposition in the minds of the iurv which threatens the urcsumption of innocence. - . It unfairly increases the tactical advantage of prosecutors at the expense of presumptively innocent defendants.

For all of these reasons, I hereby disapprove this bill and return i t to the General Assembly without my signature.

Robert P. Cascy Governor

On the question, Shall the bill become law, the objections of the Governor lo

the contrary notwithstanding?

The SPEAKER. Is anyone seeking recognition on this issue?

The Chair recognizes Mr. Lloyd. Mr. LLOYD. Mr. Speaker, 1 wonder if the gentleman, Mr.

Gerlach, would explain what this bill does and indicate the Governor's rationale for vetoing it.

The SPEAKER. The gentleman indicates he is willing to be interrogated. The gentleman may proceed.

Mr. GERLACH. Mr. Speaker, this bill, which passed unanimously here in the House, is a bill dealing with the Judi- cial Code. It would allow prosecutors to cross-examine criminal defendants on prior convictions dealing with falsehoods or dishonesty, which would essentially codify what our current Federal rules of criminal procedure are and what 15 other States allow their prosecutors to do and what is now allowed by the Pennsylvania Supreme Court under the Randall case. As I say, it gives the opportunity to prosecutors to cross-examine criminal defendants on prior conviction evidence, which they can now d o only by rebuttal rather than on cross-examination in chief of the criminal defendant.

The bill passed the House; it passed the Senate over- whelmingly. Governor Casey, in his veto message, basically said-and I will try to describe what my understanding is of his veto message; I do not know if I can answer the question as to what the Governor's rationale was-but he explains in his veto message that the current language in our Judicial Code has been the evidentiary rule of law in Pennsylvania since 19 1 1 and, as a resuIL, did not wanr to see a change in that evidentiary rule o f law that HB 1721 would thus crcdte.

The District Attorneys Association, however, takes a very strong position that this is a change that ought to be made in

our Judicial Code, because, again, it does bring us in line with the Federal rules of criminal procedure, in line with what the Pennsylvania Supreme Court would allow us t o do under the Randall case, and in line with what 15 other States are now permitting their prosecutors t o do in terms of how they handle cross-examinations o f criminal defendants on this issue.

So that is the purpose of the legislation, and that is why we, together with Representative Tom Caltagirone of the Judi- ciary Committee, are seeking this override at this time.

The SPEAKER. The gentleman, Mr. Lloyd, still has the floor and is in order.

Mr. LLOYD. Mr. Speaker, I wonder if you could illustrate hypothetically or indicate to me, without this bill, how a defendant's prior conviction may be used at the trial, under law, without this bill.

Mr. CERLACH. Mr. Speaker, the way it presently works is that a criminal defendant first has t o make a determination of . ~ ~ . ~ ~ ~~ ~~~~~~~~~~~~ ~ ~ ~

whether or not he or she is going to testify at their criminal trial. If they decide that they are, under present law, a prose- culor may not on cross-examination cross-examine a criminal defendant as to prior conviction evidence as to a falsehood or a dishonesty crime in order to impeach the credibility of that criminal defendant in that trial; may do so, however, on rebuttal, and many times what happens is, the prosecutors then have to bring in a custodian of records to establish a prior conviction of that defendant.

Now, sometimes what occurs is, the defendant that is on trial might have had those convictions in another State, so we are then requiring our prosecutors to fly in custodians of records from those other States in order t o establish that prior crime, at times not even knowing if rhe defendant is going to take the stand at that point in time, and it is a great expense and burden to our prosecutors in those instances.

If this were enacted into law, the prosecutors could ask that criminal defendant at the time of cross-examination whether or riot they have had prior convictions involving dishonesty or falsehood and, as a result, have the defendant, who has decided himself or herself to take the stand, decide whether or not to answer that question truthfully or not. If they answer it truthfully, that evidence is in, which the prosecutor would have been able t o get in through another means anyhow. If they answer dishonestly to that question, they have committed perjury.

So this is just an additional tool t o prosecutors to let them do what the Supreme Court says they can do, what the Federal rules of criminal procedure allow them to do, and what other States are allowing their prosecutors t o do.

Mr. LLOYD. Final question, Mr. Speaker. Then would I be correct that as long as the defendant does

not take the stand, your bill does not permit the introduction of evidence of prior conviction^?

Mr. GERLACII. That is correct. Mr. LLOYD. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes Mr. Caltagirone. Mr. CALTAGIRONE. Thank you, Mr. Speaker.


1 also would urge the members t o vote fo r this override. H B 1721 would bring Pennsylvania in line with the Federal

rules o f criminal evidence a n d many other jurisdictions, 15 other States, a n d make our law o n this issue more equitable while maintaining intact a criminal defendant 's constitution- ally guaranteed right against self-incrimination.

H B 1721 a n d the veto override are unanimously supported by the Pennsylvania District Attorneys Association, and 1 would certainly urge you t o vote in the affirmative for the override. Thank you.

T h e SPEAKER. Those voting t o override the veto will vote "yes"; those votingagainst will vote "no."

O n the question recurring, Shall the bill become law, the objections of the Governor

the contrary notwithstanding?


YEAS-186

Acosta Adolph Allen Anderson Angstadt Argall Armstrong Arnold Barley Battislo Belardi Belfanli Birmelin Bishop Black Blaum Bawley Boyes Braujos Brown Bunt Bush Bulkovitz Caltagirone Cappabianca Carlson Carn Carane Cawley Cessar Chadwick Civera Clark Clymer Cohen Colafclla Calaizro Cole Cornell Corrigan Cowell COY DeLuca Daley Davies Dempsey Dent

Dermady Donatucci Durham Fairchild Fajt Fargo Farmer Fleagle Flick Foster Freeman Freind Gallen Gamble Cannon Geist Gerlach Gigliotti Gladeck Godshall Gruppo Hagarly Haluska Hanna Harley Harper Hasay Hayden Hayes Heckler Herman Hershey Hess Hughes Jadlowiee James larolin Johnson Josephs Kaiser Kasunic Kenney King Kasinski Krebs Krusrewslri Kukovich

Langtry Laughlin Lawless Lee Leh Lescovitz Levdansky Linton Lloyd Lucyk McCall McGeehan McHale MuHugh McNally Maiale Markasek Marsico Mayernik Merry Michlovic Micorrie Mundy Murphy Nahill Nsilar Nickal Noye Nyce O'Bricn Olasz Oliver Perrcl Peari Petrarca Petronr Phillips Piccala Piitclla Pifts Preston Raymond Rebcr Reinard Richardson Rieger Kilter

Robinson Roebuck Rudy Ryan Saurman Scheetz Schvler Scrimenti Semmel Serafini Smith, B. Smith, S. H. Snyder, D. W Snyder, G. Staback Stairs Stcelman Steiehner Sretlcr Stish Striltmatter Sluban Sturla Suira Tangretti Taylor. E. 2. Taylor, F. Taylor, J. Telck rhomas Tigue Tonllinson Trcllo Tillli illiana Van Hornc Vance \'SO"

Vrnon Williams Wil\oli Wogan N'uzniak \\'right, M. N.

O'Donnell, Speaku

NAYS-13

DeWecsc Gruitra Melio Trich Evans ltkin Mihalich Warnhach Fee LaGrotta Salwm Wright, D. R . George

N O T VOTING-0

EXCUSED-2

Billow Mrkanic

T h e SPEAKER. Two-thirds o f all the members elected having voted in the affirmative, the bill is passed, and the clerk will inform the Senate accordingly.

CONDOLENCE RESOLUTION ADOPTED

T h e SPEAKER. T h e Chair is about t o take u p a condolence resolution on the death o f a former member of the House.

T h e Sergeant a t A i m s will close the doors of the House. T h e members will please take their seats.

T h e clerk will read the resolution.

T h e following resolution was read:

COMMONWEALTH O F PENNSYLVANIA THE HOUSE O F REPRESENTATIVES

RESOLUTION

WHEREAS, The Honorable Carleton T. Woodring, a retired judge of the 3rd Judicial District of Pennsylvania, Northampton County, passed away on September 23, 1992, a t the age of ninety; and

WHEREAS, Judge Woodring has been a practicing attorney at the bars of Northampton County, Pennsylvania Supreme and Superior courts as well a s Federal courts, including the Supreme Court of the United States and was a member of the Pennsylvania Council of Juvenile Court Judges and the Association of Juvenile Court Judges of America. Judge Woodring was elected to the Pennsylvania House of Representatives in 1940 and the State Senate in 1942 and 1946 before being elected judge of the Court of Common Pleas for the 3rd Judicial District in 1947. Although reelected in 1957, he did not seek a third term alter cotnpleting twenty years of service. He continued to serve in several judicial districts of the Commonwealth as a retired judge, completing thirty-three years on the bench. In December 1968, he served as a delegate to the Pennsylvania Constitiitional Convention, where he was elected cochairman of the Finance and Taxation committees. By appointment of the commissioners of Northampton County, he was a director o f the Lehigh-Northampton Airport Authority for nineteen years, serving as vice president and secretary o f the Board of Managers; a member of First Presbyterian Church of Easton; member of the board of trustees o f Muhlenberg College; director of Family Services, Incorporated and the Salvation Army; a past president of the Easton Exchange Club; president o l the Bethlehem Bach Choir and president and chairman o f the board o f Lehigh Valley Blue Cross; now therefore be it

RESOLVED, That the House of Representatives of the Com- monwealth o l Pennsylvania express its sincere condolences to Mrs. Woodring and all other surviving family members: and be it further

RESOLVED, That a copy of this resolution he transmitted to Mrs. Margaret R. Woodring.

Wc hereby ccrtify rhat the foregoing is an exact copy of a resolution introduced in the House o f Representatives by the Honor- ablcs Robert Freeman, Leonard Gruppo, Robert Nycc and Joseph Uliana and unanimously adopted by the House o l Reprc- sentatives.


Robert W. O'Donnell Speaker o f the H n u e 01 Representatives

ATTEST: John J. Zubeck

Chief Clerk o f the 14ouse 01' Rcprcserilativcs

On the qnestion, Wi l l the House adopt the resolution?

The SPEAKER. 'Tho5e i n favor o f the resolution wil l rise and remain standir~g as a mark o f respect For the deceased former member. Guests are p l eae asked to rise.

(\hlhereupon, tlie members o f the l louse and all visitors stood i n a moment o f si le~ic~. i n sole~iirl rcspccl l o the memory o f t h e t lonorable ('arlctoll T. Woodring.)

The SPEAKI<K. i 'hc rcrolut ion lies been unanimously adopted.

The Serpealit at Arms wi l l ope11 the door\ o f i l le IHouse.

Jollnsan Kaisci Kasunic Ke~irley King tiotinshi Kreb+ Kr~iilcurhi

Phillips Vance Piccola Veun Pislella Vraon Preston Willialns Raymond Wilson Rchcr Wogan Reiliard Wozniak Kicliardion Wright. M. N.

N O T VO-rlNC-14

Carn Iloghe+ I'ilt5 Wright, 11. K I)i,nntacci Iu<ephb Salao~rl I:CC O l i i h i Scllccti O'1)oonell. (;eoipc I'crrarc~~ \Vainbach S~eakcl

EXCUSED-2

,A major i iy o f the iuernbers elected t o the l louse having i o i ed i n the affirmative, the question was determined i n the affirmative artd tlie mot ion was agreed Lo.

IZ1JI.k:S SCISIILNI)ED 1 r h c SPEAKER. I?,r tl ic i r l i o r~n t ioo o f !he n ~ e r n b ~ ~ ~ , there

.file s p r , , ~ ~ . ~ . .llic chair recc,rllile, maioril\. leader. / w i l l he ino more recorded votes today, ~, .

h l r . L)cWFFSL. h l r . Speaker. I move thal rule 30 be su\- penclcd i o perniit HLI2602 to go irrlmcdiatcly to the calendar.

O n the q i~c\ t io l i , Wi l l the Hr,ubr agree to lie niot ion?

T11c ~ o l l o \ z i i ~ g rol l call w:i\ rccotdcd:

VOTI: CORRECTIONS

The SPLAKEK. ['the ('hair rccogni7es h l r . .larolin. h l r . .lAROI.IN. Thank you, 511. Speaker. A correclion o f the recold rrorn yesterday, the 17th. O n amendment 4054 to H B 2018, 1 \bould l ike t o be

recorded in the posilive. O n amendment 3942 to I l l 3 2509, 1 u o ~ l l d l ike t o be recorded i n the positive.

I ' hc SPFAKFR. \\'ill t l ie genr le r : :~~~ r i ls l~end?

'The SPLAKf:R. Arc rliere ant:ouncemcnts o f meelings? I h c Chair recogn i~c \ Mr. I e r c o i i t ~ .

~ \ ~ , g $ t a ~ l l l a i l l . ~ ~ ~ ~ l c ~ ~ K ~ i d ) .\:v;tll l ilrco 1.32 IU\ail

~(ijiiir~c, l o < i c r I i l l ~ t ) ~ ~ Y i m a ~ c l h l r . L.ESCOVIT%. Thank you, M r . Speaker. Ilc1;ildi 1 lcc8lliili L.loyd Ycxniini l l i l i . ~ ~ ~ l i I,r<,ind l uc) h Smirh. H. hlr. Speaker, there wil l be a meeting o f [he House Appro-

Hi~incliri (rallcil \ l c ( ~ a I l Smiti,. 7. 11. priations Cornrnittcc on the call o f the reccss here in the

I APPROPRIATIOUS <.OhlMITTl<I< MbXTINC;

C'lymcl (~o l lc l l ('~1131cIla (',1131//0

( olc (ornell

nlajori ty caucu\ room l~ ' '

I R[Jl,ES COMMITTEE MELTING

The SPEAKER. Thcrc wi l l also be a meetlng o f ~ l i c Rules Commitlee a1 the major i ty leader's desk immediately on the call o f the recess.

The SPLAKEK. 'The Cha i l recogtli7e~ M r . Broojos. h l r . HROlJ.IOS. M r . Speakel. there \b i l l be a nieetirlg o f the

lLoc;il ( ; o \ ' c~~ i~nen l ('ornmittec upon the conclusior~ o f busi- lies$ and prior t o ad j i~ i~ rnrncn t in the back o f the House. We ask thal the Speaker hold the desk open to report out some

T o correct the record, Mr. Speaker. On amendment 4195 to HB 2216, my switch failed. I would



like to be recorded in the affirmative. The SPEAKER. The Chair recognizes Mr. Bowley. Mr. BOWLEY. Thank you, Mr. Speaker. Earlier this evening on a motion by Representative Cowell

to suspend the rules, I was not in my seat. I would like to be recorded in the affirmative.

The SPEAKER. The Chair recognizes the lady, Mrs. Brown.

Mrs. BROWN. To correct the record. On SB 88 1 was recorded as not voting, and 1 would like to

be recorded in the negative. The SPEAKER. The Chair recognizes Mr. Van Horne. Mr. VAN HORNE. Mr. Speaker, on the following amend-

ments I would like to be recorded: on the Blaum amendment 3957, 1 would like to be recorded in the affirmative; on the Jarolin amendment 2935, recorded in the affirmative; and on the Bishop amendment A4070, I would like to be recorded in the negative. Thank you.

The SPEAKER. The Chair recognizes Mr. Itkin. Mr. ITKIN. Mr. Speaker, on Tuesday, November 17, 1

failed to be recorded on the final passage of HB 1669, on amendment A4070 to HB 2872, amendment A4115 to HB 355, and amendment A4015 to HB 2509. On all those votes I would like to be recorded in the affirmative. Thank you.

VOTE CORRECTIONS

The SPEAKER. The Chair recognizes Mr. Jarolin. Mr. JAROLIN. I also missed SB 88. 1 would like to be

recorded in the positive. The SPEAKER. The record should also reflect that on SB

275, pN 2588, the gentleman, Mr. rjodshall, should be recorded in the affirmative.

The Chair recognizes Mr. Lescovitz. Mr. LESCOVITZ. T o correct the record, Mr. Speaker. On HB 1670, amendment A4137, the Murphy amendment,

I would like to be recorded in the affirmative. The SPEAKER. The Chair recognizes Mr. Saurman. Mr. SAURMAN. Thank you.

SENATE MESSAGE

AMENDED HOUSE BILL

An Act designating the bridge on whrh Central Avenue crosses over the Tookany Creek in Cheltenham 'Townsh~p, Montgomery County, as the Edward F. Drach Brldge; and making repeals.

RESOLUTION SIGNED BY SPEAKER W

The Chair gave notice that hc was about to sign the following resolution, which was then signed:

HCRRR 1

RESOLUTION A

In the House, Septemher 30, 1992 Disapproving Environmental Quality Board alnendnlents to

hazardous waste regulations. -

RETURNED FOR CONCURRENCE

The clerk of the Senate, being introduced, returned HB 2602, PN 4219, with information that the Senate has passed the same with amendment in which the concurrence of the House of Representatives is requested.

BILL SIGNED BY SPEAKER

The Chair gave notice that he was about to sign the following bill, which was then signed:

The SPEAKER. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, 1 move that the following

bills be taken from the table and placed on the active calendar:

SB 1086; SB 1087; SB 1370; and SB 916.


BILLS ON SECOND CONSIDERATION

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

SB 1086, PN 1805; SB 1087, PN 2611; and SB 1370, PN 1718.

BILL ON CONCURRENCE REPORTED FROM RULES COMMITTEE

HB 2195, PN 4233 (Amended) By Rep. DeWEESE

An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statutes, further providing for the authority to issue ~ermits, for ~ermits for movement of construction equi~ment and for weighing and measurement of vehicles.

RULES.

RECESS

The SPEAKER. The House will now recess until the call of the Chair.

AFTER RECESS - The time of recess having expired, the House was called to

order.


By Rep. EVANS An Act providing for environmental education programs, for

further duties of the Department of Education and the Depart- ment of Environmental Resources; establishing the Environ- mental Education Fund; establishing the Advisory Council on Environmental Education and providing for its powers and duties; providing for the disposition of a portion of certain lines

BILLS REREPORTED FROM COMMITTEE

SB 1444, PN 2625 (Amended)

and penalties, for the management of nutrients on certain agricul-

BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

other nonnoint sonrccs of nutrient oollution to the waters of this

SR 783, PN 2626 (Amended) By Rep. BROUJOS

An Act amending the act of February 1, 1966 (1965 P. L. 1656, No. 581), entitled "The Borough Code," further providing for contracts and for manufacture and purchase of electricity.

LOCAL GOVERNMENT.

SB 1820, PN 2584 By Rep. BROUJOS An Act amending the act of December 31, 1965 (P. L. 1257,

No. 51 I ) , enrirled "The Local Tax Enabling Act," further pro- ~ ~~ ~ . ~ ~ - - ~ ~ ~ ~ ~ ~ . ~~

Commonwealth; establishing the Nutrient Management Advisory I viding for laxing powers and lor lax rates Board and providing for its powers and duties:establishing the I L O ~ A L G O V E R N M ~ ~ ~ . Nutrient Management Fund; and providing for enforcement and penalties.

APPROPRIATIONS

SB 1716, PN 2183 By Rep. EVANS An Act designating Statc Route 4008 as Blair County Veterans

Memorial Highway.

APPROPRIATIONS.

SB 1787, PN 2277 By Rep. EVANS An Act amending the act of July 28, 1953 (P. L. 723, No. 230).

entitled, as amended, "Second Class County Code," further pro^

viding for county employee retirement allowances.

I BILL REMOVED FROM TABLE

The SPEAKER. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, I move that SB 1820 be taken

from the rable.

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

BILL RECOMMITTED

APPROPRIATIONS. I The SPEAKER. The Chair recognizes the majority leader.

SB 1975, PN 2591 By Rep. EVANS An Act amending the act o i July 8, 1986 (P. L. 408, No. 891,

entitled "Health Care Cost Containment Act," further providing for expiration of the act; and making an appropriation.

BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

Will the House agree t o the motion? Motion was agreed to.

Mr. DeWEESE. Mr. Speaker, I move that SB 1820 he recommitted to the Appropriations Committee.

On the question,

RECESS APPROPRIATIONS. I The SPEAKER. The House will now recess until the call of

BILLS ON SECOND CONSIDERATION I the Chair

SB 1444. PN 2625: SB 1716. PN 2183: and SB 1787. PN I Order '

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

2277. 1 CONSERVATION COMMITTEE MEETING

AFTER RECESS

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

BILL REMOVED FROM TABLE I The SPEAKER. The Chair recognizes the gentleman, Mr.

The SPEAKER. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, 1 move that SB 1975 he taken

from the table and placed on the active calendar.

George, for an announcement. Mr. GEORGE. Mr. Speaker, I would like to call a meeting

of the Committee on Conservation in the rear of the chamber at the moment that the Speaker asks for a recess.

On the question, I The SPEAKER. The Chair thanks the gentleman. Will the House agree t o the motion? Motion was agreed to. RECESS

The SPEAKER. The House will now be in recess.


There will be an immediate meeting o f the Conservation Committee in the rear o f the House.

AFTER RECESS

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

No. 3057 BY Representatives UL IANA, ARMSTRONG, DENT, TIGUE. CERL.ACH, HALUSKA, SERAI:INI, I'ARhlER, 7 RHI.I,O, CESSAR, E. 7. TAYL.OR, CIVEK.A,I AUGI-ll.IN, * TOMI.INSON and 1:l.li:K - ~

order. I An Act anlendinx thcact olMav21. 1943 (P . L. 571. No. 254). , , known as '"The four t l~ to ~ i g h t h ('lass ~ o u l ~ t ~ Asress~nent

I-IOIJSE R I L L S law," forll~er providing for exemptions fro111 tax:~tion; and INTRODUCEI) A N D REFERRED making repeals.

No. 3053 By Represcntatives ULIANA, ARMSTRONCi, I IENT, TICiUE. C;ERI.ACH, I IALUSKA, SERAI,INI, FAKhlCK, 'l'KEL.L.0, CESSAK, E. 7. TAYI.OR. C'IVERA, I.ACGIiL.IN, TOMI.INS0N and FI.ICK

An Act arncnding the act ol Decemhcr 31, 1965 (I). 1.. 1257, No. 5 1 I), krlowrl ah "fhc 1,ocirl Tar Ellahling Act." furthei pro- ~ i d i ng lirl taxing powc~s\; and m;~kiiig repcal,.

Referred Lo Comn~ittce on IFINANCII, Novcnlher 18, 1992.

No. 3054 I>y Kepresentatives UL.IANA, AKMSIKONC;. IIEN'I', TIC;UE, CiLKI.A(-H, HAI.IJSKA, SEIIAI;INI, IARMER, TRELLO, C:LSSAR, E. /. I A Y L OK, ('lVl!KA, l.AIJ(;Hl.lr\i, I'Oh1L.INSON and FI.ICK

An Act anlendil~g the aci 01' Augilsl 0, 1955 (1'. 1 . 323. No. 130), known as "The Cou111y ('ode," I'ilr111r.1 providin~ lor I;I\ levies; and m;rking i;pc;ll$.

Referred to C'o~n~nittce on I.OC:Al (;O\'L:KNhlF:NT, Novclnher 18. 1902.

I<cScrred to Committee on LOC',\I. CiOVEKNMEN'I', November 18. 1992.

Yo. 3058 By Kcprcsenlative~ NYCI;, I:KLEM/\N, t CiKlJk'PO and 1JI IANA

An Act ;~~~t l inr i / ing and ilil-uctiiig the 1)rpartrncilt 01' Agricul- lulc, \\it11 the appro\al o l the Govcrlloi. lo convey to tbu Nortll- alnpt~rn Area School lli\rrict ;I ir;lct o l I;tlr<l ,sil~l:ttc in l:asr i\lIcn Tonn\liip, Nortl~i~mpton County. I'c~~~fiyIva~ria.

Referred to ('onlmirtcc I STATE i ;OVIKNMENT, Novenrbcr I%, 1992.

% I D . 305') H! Kcpresellt:~live\ I)eI.LJ(:A, KOSINSKI, SA1.00M, PIS1 I l l A. I'1III.I.II'S, KEBEK, CESSAR, BISIIOI', HAIIPER, DONI\TIJCCI, l~i\lJ(;HI.IN, IVOLNIAK, I'FSCI, b l l t lAL. l i ' l i , ('0IVF.l l., I ~ E ~ K A K ~ . A , T.RN(~RL:ITI, ~ ~ ~ ~ ~ ~ . ~ , ~ ; I I I L I

C~l(iI.IOTTI

hn Act proviilillg for inolol uchiclc r~11c~ co111r;rcl ~.anccllntio~i riglit\, lor rcqliirclncnli rcl:tling 1 0 ~ l l i l i ~ ~ ~ l ~ i c t ~ ~ r c ~ ' ~ I C ~ : L I C \ n~ ld 1<1t a pcn;~lli; and r i lnhi~~g ;i icl,c:~l.

Ilelr'rrcd to ('ornn~ittee OII IRANSt'OK I AI'ION, Novcm- / her 18, 1992. N o . 3055 l3y Repre~cntarives UI.IANA. . .

.ARMS IKONC;. DENT, 'I ICiI~!E, CiL:RI.A(:tI, I IALUSKA, SEK;2I:INI, 1 SENI\'I'I~: U1LI.S 1;OK C'ONCURKl<NC'E:

E. 7. IAYL.OK, CIVLRA, I AUCiHL.IN, TOMI.INSON and FIIC'K

17ARMEK, I~Kli1.1.0, C'E,SSAR, E. %. TAYI.OR.C'IVEK. I h l lGHI . IN, TOML.INSON and F I l C K

An Act amending t l i e ;let of \larch 10, 1949 (I ' 1.. 30, Nc,. Id). known as the "PlIhlic Scliool ('ode ol. 11)4')," rllrlller providinf for per capita tax; and inltkiny repeal\.

Referred 111 ('omrnitlcc (111 I :DU(JA~~lON, November IX, 1992.

N o . 3056 By Rcprcscntative, ULIANA, AIIh~lSTRON(i, I ILNT, TIGUE,

(iERLACI1, HAl.USKA, SEKAFINI, I;.ARMER. TIIEl.I~.O, CLSSAK.

An Act arnc~rding i l l e a c l of hlar 22. 1933 0'. 1.. 853. N o , 155). known as "rhc (;encral County As\es\lnet~t I a a ." [i~rthcr pr,,- viding lor tax cxm~pii<~ns; and making repe:11\.

l l l e clcih of ihc Senate. heills intr<~duccil. picsciitecl the ~ollo\%ing bill\ for concrlrrcncc:

SU 1408. PN 2575

Releslcd lo ( 'on~n~il lec OII i'ONSI:KV:\I'ION. Novcnl- bet 18, 1992.

SII 1504. I'N 2608

Relcs~~ecl 111 Co111111iltcc (111 IbINhNC'E, NOV~! I I~X~ 18, IY02.

SH 1537. PN 1887 m Relerred to Commillcc o n C'ONSF,K\'AI'ION, Novern-

h c ~ 18, 1992.

ReSerrcd to C(1mmittee on I.OCAI. C;OVLRNblENT. November 18. 1992.

R11,1, R&:POKTk:I) F R O M (:OMMII'I'I<l~:, C'0NSIl)EREI) 1:IKST I ' I M K , AND ~l 'AUI.EI)

SH 552, P N 2627 (!\l~~cntlccl)

1%) Re13. II,hKI'L:K t 8\11 Rcl alilc~ldi~ig the act n l hla! 16, 1921 (1'. 1 . 207. No. 153).

entitled "Municip;tl ('I;lim ;III~ ~.:IIY I ie l l l.:~i\." 1111111e1 1p1.o\itli11~


for sale upon judgment in cities of the first class; providing for registration of interested parties, service of notice and statute of limitations in cities of the first class: and further providing for redemption of uninhabited residential property.

URBAN AFFAIRS


The SPEAKER. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, I move that the following

bills be removed from the table and placed on the active calendar:

SB 798; SB 862; SB 865; SB 1085; SB 1213; SB 1795; HB 2779; and SB 552.


BILLS ON SECOND CONSIDERATION

The following bills, having been called up, were considered for the second time and agreed to, and ordercd transcribed for third consideration:

SB 798, PN 2501; SB 862, PN 2162; SB 865, PN 1802; SB 1085, PN 2586: SB 1213, PN 2525; and SB 1795, PN 2607.

BILLS RECOMMITTED i The SPEAKER. The Chair recbgnizes the mdjority leader. Mr. DeWEESE. Mr. Speaker, 1 move that SB 865, SB 1795,

and HB 2779 he recommitted to the Appropriations Commit- tee.

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

BILL RECOMMITTED I The SPEAKER. The Chair recognizes the majority Icader. Mr. IIeWEESE. Mr. Speaker, I move that SB 798 be

rccommitted to the Rules Commirtee.


BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

SB 1537, PN 1887 By Rep. GEORGE An Act designating the Tulpehocken Creek as a component of

the Pennsylvania Scenic R~ver? Systrm; requiring cooperation by State agencies in implementing the purposes of the Scenic Rivers Act: limzting liability; and authorizing the expenditure of moneys to further the purposes of thib act.

CONSERVATION.

BILL REMOVED FROM TABLE

The SPEAKER. The Chair recognizes the majority leader. Mr. DeWEESE. Mr. Speaker, I move that SB 1537 be taken

from the table and placed on the active calendar.


ADJOURNMENT

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

Mr. STUR1.A. Mr. Speaker, I move that this House do now adjourn until Monday, November 23, 1992, at I p.m., e.s.t., unless sooner recalled by the Speaker.

On the question, Will the House agree to the motion? Motion was agreed to, and at 1039 p.m., e.s.t., the House

adjourned.

COMMONWEALTH OF PENNSYL,VANIA LEGISLATIVE ...

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