COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL

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1 COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL THURSDAY, JUNE 25, 2009 SESSION OF D OF THE GENERAL ASSEMBLY No. 54 HOUSE OF REPRESENTATIVES The House convened at 11 a.m., e.d.t. THE SPEAKER (KEITH R. McCALL) PRESIDING PRAYER HON. WILL TALLMAN, member of the House of Representatives, offered the following prayer: Let us bow our heads. "Our Father, which art in Heaven, hallowed be Thy name." Lord, we just bow down before You. We lift up our hands and adore You. We ask for Your wisdom. You say in Your Word that any of us that lack wisdom, let us ask, and as a body, we ask for Your wisdom. We have very important issues for the people of the Commonwealth, and we need to reconcile. So, Lord, give us both discernment and Your wisdom. We thank You for living in a free country and for the privilege of being able to meet without any type of fear. Just again, thank You, in Your name. Amen. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by members and visitors.) BILLS REREPORTED FROM COMMITTEE HB 1607, PN 2179 By Rep. EACHUS An Act amending Titles 42 (Judiciary and Judicial Procedure), 44 (Law and Justice) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, consolidating the law relating to constables; in Title 44, revising provisions on second and third class cities, on boroughs, on townships, on the Constables' Training and Education Board, on use of firearms, on the Constables' Training and Education Account and on statutory authority; making editorial changes; and making related repeals. RULES. HB 1648, PN 2245 By Rep. EACHUS HB 1720, PN 2246 By Rep. EACHUS An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, prohibiting organized retail theft. RULES. The SPEAKER. Those bills will be placed on the House supplemental calendar. BILLS RECOMMITTED The SPEAKER. The Chair recognizes the majority leader, who moves that the following bills be removed from the supplemental calendar and recommitted to the Committee on Appropriations: HB 1607; HB 1648; and HB Will the House agree to the motion? Motion was agreed to. APPROPRIATIONS COMMITTEE MEETING The SPEAKER. The Chair recognizes the gentleman from Philadelphia County, Representative Cohen, for the purpose of an announcement. Mr. COHEN. Thank you, Mr. Speaker. Mr. Speaker, there will be an immediate meeting of the House Appropriations Committee in the majority caucus room. The SPEAKER. The Appropriations Committee will meet immediately in the majority caucus room. SENATE MESSAGE HOUSE BILL CONCURRED IN BY SENATE The clerk of the Senate, being introduced, returned HB 718, PN 797, with information that the Senate has passed the same without amendment. An Act establishing a joint legislative, executive and judicial commission on juvenile justice. RULES.

2 1232 LEGISLATIVE JOURNAL HOUSE JUNE 25 BILL SIGNED BY SPEAKER Bill numbered and entitled as follows having been prepared for presentation to the Governor, and the same being correct, the title was publicly read as follows: HB 718, PN 797 An Act amending the act of July 9, 1990 (P.L.340, No.78), known as the Public Safety Emergency Telephone Act, further providing for the Wireless E-911 Emergency Services Fund. Whereupon, the Speaker, in the presence of the House, signed the same. The SPEAKER. The House will be at ease. The House will come to order. JOURNAL APPROVAL POSTPONED The SPEAKER. Without objection, the approval of the Journal of Wednesday, June 24, 2009, will be postponed until printed. The Chair hears no objection. LEAVES OF ABSENCE The SPEAKER. Turning to leaves of absence, the Chair recognizes the gentleman from Greene County, Representative DeWeese, who requests the following leaves of absence: Representative BARBIN from Cambria County for the day, Representative DeLUCA from Allegheny County for the day, Representative KOTIK from Allegheny County for the day, and Representative PASHINSKI from Luzerne County for the day. Without objection, those leaves will be granted. The Chair recognizes the minority whip, Representative Turzai, who requests the following leaves of absence: Representative GINGRICH from Lebanon County for the day and Representative HENNESSEY from Chester County for the day. Without objection, those leaves will be granted. LEAVE OF ABSENCE CANCELED The SPEAKER. The Chair notes the presence of Representative Gingrich on the floor of the House of Representatives. Her name will be added to the master roll. Boback Gabig Matzie Sainato Boyd Gabler McGeehan Samuelson Boyle Galloway McI. Smith Santarsiero Bradford Geist Melio Santoni Brennan George Mensch Saylor Briggs Gerber Metcalfe Scavello Brooks Gergely Metzgar Schroder Brown Gibbons Micozzie Seip Burns Gillespie Millard Shapiro Buxton Gingrich Miller Siptroth Caltagirone Godshall Milne Smith, K. Carroll Goodman Mirabito Smith, M. Casorio Grell Moul Smith, S. Causer Grove Mundy Solobay Christiana Grucela Murphy Sonney Civera Haluska Murt Staback Clymer Hanna Mustio Stern Cohen Harhai Myers Stevenson Conklin Harhart O'Brien, D. Sturla Costa, D. Harkins O'Brien, M. Swanger Costa, P. Harper O'Neill Tallman Cox Harris Oberlander Taylor, J. Creighton Helm Oliver Taylor, R. Cruz Hess Pallone Thomas Curry Hickernell Parker True Cutler Hornaman Payne Turzai Daley Houghton Payton Vereb Dally Hutchinson Peifer Vitali Day Johnson Perzel Vulakovich Deasy Josephs Petrarca Walko Delozier Kauffman Petri Wansacz Denlinger Keller, M.K. Phillips Waters DePasquale Keller, W. Pickett Watson Dermody Killion Preston Wheatley DeWeese Kirkland Pyle White DiGirolamo Knowles Quigley Williams Donatucci Kortz Quinn Youngblood Drucker Krieger Rapp Yudichak Eachus Kula Readshaw Ellis Levdansky Reed McCall, Evans, D. Longietti Reese Speaker Evans, J. Maher Kessler ADDITIONS 1 EXCUSED 10 Barbin Hennessey Miccarelli Perry DeLuca Lentz LEAVES ADDED 2 MASTER ROLL CALL The SPEAKER. The Chair is about to take the master roll. The members will proceed to vote. Grucela Hennessey Vitali LEAVES CANCELED 1 PRESENT 192 Adolph Everett Mahoney Reichley Baker Fabrizio Major Roae Barrar Fairchild Manderino Rock Bear Farry Mann Roebuck Benninghoff Fleck Markosek Rohrer Beyer Frankel Marshall Ross Bishop Freeman Marsico Sabatina The SPEAKER. The majority of the members being present on the floor of the House, we have a quorum present on the floor of the House. MEMBER'S PRESENCE RECORDED The SPEAKER. The Chair notes the presence of Representative Kessler on the floor of the House. His name will be added to the master roll.

3 2009 LEGISLATIVE JOURNAL HOUSE 1233 BILLS REREPORTED FROM COMMITTEE HB 120, PN 344 By Rep. D. EVANS An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, further providing for forfeiture, for modification of wills, for advertisement of grant of letters, for duty of personal representative, for enforcement of contribution or exoneration of Federal estate tax, for implementation of power of attorney, for applicability of rule against perpetuities, for modification of conveyance by divorce, for effect of divorce on designation of beneficiaries, for notice of representation, for creditor's claim against settlor, for actions contesting validity of revocable trusts, for claims and distribution after settlor's death, for trustee's duty to inform and report, for illustrative powers of trustee, for limitation of action against trustee, for power to convert to unitrust and for retirement benefits, individual retirement accounts, deferred compensation, annuities and similar payments; and making conforming amendments to Title 15. APPROPRIATIONS. HB 580, PN 637 By Rep. D. EVANS An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, further defining "police department" and "police officer" for purposes of municipal police education and training. APPROPRIATIONS. HB 1607, PN 2179 By Rep. D. EVANS An Act amending Titles 42 (Judiciary and Judicial Procedure), 44 (Law and Justice) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, consolidating the law relating to constables; in Title 44, revising provisions on second and third class cities, on boroughs, on townships, on the Constables' Training and Education Board, on use of firearms, on the Constables' Training and Education Account and on statutory authority; making editorial changes; and making related repeals. APPROPRIATIONS. HB 1648, PN 2245 By Rep. D. EVANS An Act establishing a joint legislative, executive and judicial commission on juvenile justice. APPROPRIATIONS. SB 195, PN 1144 By Rep. D. EVANS An Act amending the act of May 11, 1972 (P.L.286, No.70), known as the Industrialized Housing Act, further providing for definitions and for regulations, insignia of certification required. APPROPRIATIONS. SB 446, PN 759 By Rep. D. EVANS An Act amending the act of June 29, 1953 (P.L.304, No.66), known as the Vital Statistics Law of 1953, further providing for registration districts and local registrars' duties, for death and fetal death registrations and for reports. APPROPRIATIONS. The SPEAKER. Those bills will be placed on the House supplemental calendar. BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND RECOMMITTED TO COMMITTEE ON RULES HB 1641, PN 2046 By Rep. OLIVER An Act requiring a circulating nurse in certain operating rooms. HEALTH AND HUMAN SERVICES. RESOLUTION REPORTED FROM COMMITTEE HR 294, PN 2293 (Amended) By Rep. OLIVER A Resolution designating July 4, 2009, as "Amyotrophic Lateral Sclerosis Awareness Day" in Pennsylvania. HEALTH AND HUMAN SERVICES. The SPEAKER. The resolution will be placed on the House calendar. BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED SB 33, PN 1217 (Amended) By Rep. JOSEPHS An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, further providing for powers and duties of the Secretary of the Commonwealth, for Voting Standards Development Board and for restrictions on alteration of boundaries of election districts. STATE GOVERNMENT. LEAVE OF ABSENCE CANCELED The SPEAKER. The Chair notes the presence of the gentleman from Chester County, Representative Hennessey, on the floor of the House. His name will be added to the master roll. CALENDAR RESOLUTIONS PURSUANT TO RULE 35 Mr. SIPTROTH called up HR 318, PN 1911, entitled: A Resolution designating the week of July 26 through August 1, 2009, as "ADA Week" in Pennsylvania. Will the House adopt the resolution? gentleman from Monroe County, Representative Siptroth.

4 1234 LEGISLATIVE JOURNAL HOUSE JUNE 25 Mr. SIPTROTH. Thank you, Mr. Speaker. Mr. Speaker, I am pleased to stand before you today and introduce this resolution commemorating the passage of the landmark Americans with Disabilities Act nearly 19 years ago. This resolution names the week of July 26 through August 1 as Americans with Disabilities Week. The Americans with Disabilities Act has played an unequivocal role in eliminating barriers to employment, public service, transportation, telecommunications, and accommodations in the United States. It is a fundamental piece of civil rights legislation that reinforces our nation s guarantee of freedom. It positively impacts the lives of millions of Americans every day people living with disabilities as well as those without benefit from the provisions included in the ADA. This one act allows entire communities to profit from the skills and talents of all residents regardless of disability. It encourages people to prosper, and I ask all my colleagues today to support HR 318. Thank you, Mr. Speaker. Will the House adopt the resolution? YEAS 194 Adolph Everett Longietti Reese Baker Fabrizio Maher Reichley Barrar Fairchild Mahoney Roae Bear Farry Major Rock Benninghoff Fleck Manderino Roebuck Beyer Frankel Mann Rohrer Bishop Freeman Markosek Ross Boback Gabig Marshall Sabatina Boyd Gabler Marsico Sainato Boyle Galloway Matzie Samuelson Bradford Geist McGeehan Santarsiero Brennan George McI. Smith Santoni Briggs Gerber Melio Saylor Brooks Gergely Mensch Scavello Brown Gibbons Metcalfe Schroder Burns Gillespie Metzgar Seip Buxton Gingrich Micozzie Shapiro Caltagirone Godshall Millard Siptroth Carroll Goodman Miller Smith, K. Casorio Grell Milne Smith, M. Causer Grove Mirabito Smith, S. Christiana Grucela Moul Solobay Civera Haluska Mundy Sonney Clymer Hanna Murphy Staback Cohen Harhai Murt Stern Conklin Harhart Mustio Stevenson Costa, D. Harkins Myers Sturla Costa, P. Harper O'Brien, D. Swanger Cox Harris O'Brien, M. Tallman Creighton Helm O'Neill Taylor, J. Cruz Hennessey Oberlander Taylor, R. Curry Hess Oliver Thomas Cutler Hickernell Pallone True Daley Hornaman Parker Turzai Dally Houghton Payne Vereb Day Hutchinson Payton Vitali Deasy Johnson Peifer Vulakovich Delozier Josephs Perzel Walko Denlinger Kauffman Petrarca Wansacz DePasquale Keller, M.K. Petri Waters Dermody Keller, W. Phillips Watson DeWeese Kessler Pickett Wheatley DiGirolamo Killion Preston White Donatucci Kirkland Pyle Williams Drucker Knowles Quigley Youngblood Eachus Kortz Quinn Yudichak Ellis Krieger Rapp Evans, D. Kula Readshaw McCall, Evans, J. Levdansky Reed Speaker EXCUSED 9 Barbin Kotik Miccarelli Perry Belfanti Lentz Pashinski Wagner DeLuca was determined in the affirmative and the resolution was adopted. * * * Mr. BUXTON called up HR 374, PN 2275, entitled: A Resolution recognizing the need for osteoporosis awareness in Pennsylvania. Will the House adopt the resolution? YEAS 194 Adolph Everett Longietti Reese Baker Fabrizio Maher Reichley Barrar Fairchild Mahoney Roae Bear Farry Major Rock Benninghoff Fleck Manderino Roebuck Beyer Frankel Mann Rohrer Bishop Freeman Markosek Ross Boback Gabig Marshall Sabatina Boyd Gabler Marsico Sainato Boyle Galloway Matzie Samuelson Bradford Geist McGeehan Santarsiero Brennan George McI. Smith Santoni Briggs Gerber Melio Saylor Brooks Gergely Mensch Scavello Brown Gibbons Metcalfe Schroder Burns Gillespie Metzgar Seip Buxton Gingrich Micozzie Shapiro Caltagirone Godshall Millard Siptroth Carroll Goodman Miller Smith, K. Casorio Grell Milne Smith, M. Causer Grove Mirabito Smith, S. Christiana Grucela Moul Solobay Civera Haluska Mundy Sonney Clymer Hanna Murphy Staback Cohen Harhai Murt Stern Conklin Harhart Mustio Stevenson Costa, D. Harkins Myers Sturla Costa, P. Harper O'Brien, D. Swanger Cox Harris O'Brien, M. Tallman Creighton Helm O'Neill Taylor, J. Cruz Hennessey Oberlander Taylor, R. Curry Hess Oliver Thomas Cutler Hickernell Pallone True

5 2009 LEGISLATIVE JOURNAL HOUSE 1235 Daley Hornaman Parker Turzai Dally Houghton Payne Vereb Day Hutchinson Payton Vitali Deasy Johnson Peifer Vulakovich Delozier Josephs Perzel Walko Denlinger Kauffman Petrarca Wansacz DePasquale Keller, M.K. Petri Waters Dermody Keller, W. Phillips Watson DeWeese Kessler Pickett Wheatley DiGirolamo Killion Preston White Donatucci Kirkland Pyle Williams Drucker Knowles Quigley Youngblood Eachus Kortz Quinn Yudichak Ellis Krieger Rapp Evans, D. Kula Readshaw McCall, Evans, J. Levdansky Reed Speaker EXCUSED 9 Barbin Kotik Miccarelli Perry Belfanti Lentz Pashinski Wagner DeLuca was determined in the affirmative and the resolution was adopted. GUESTS INTRODUCED The SPEAKER. To the left of the Speaker, the Chair welcomes Brian Trymbiski and his friend, Adam Bogdnoff. They live in Bucks County. Brian is a student at the University of Pittsburgh and Adam is a student at Bucks County Community College. They are the guests of Representative Marguerite Quinn. Welcome to the hall of the House. In the balcony, the Chair welcomes Andy Perkins from Dublin, Ireland, a recent graduate of National University of Ireland, Maynooth. He is visiting America for a few weeks. He is the guest of Christy Aumiller, a summer intern, and a guest of Representative Cruz. Will the guest please rise. Welcome to the hall of the House. SUPPLEMENTAL CALENDAR A BILLS ON SECOND CONSIDERATION The House proceeded to second consideration of HB 1648, PN 2245, entitled: An Act establishing a joint legislative, executive and judicial commission on juvenile justice. Will the House agree to the bill on second consideration? Mr. EACHUS offered the following amendment No. A02144: Amend Bill, page 2, line 21, by striking out "15" and inserting 25 majority leader, Representative Eachus. Mr. EACHUS. Thank you, Mr. Speaker. Mr. Speaker, this amendment changes what is in the current act for appointments to the Interbranch Commission on Juvenile Justice from 15 days to 25 days. It allows for 25 days for appointments just so we have an adequate amount of time to evaluate the candidates for this Interbranch Juvenile Justice Board. Thank you, Mr. Speaker. YEAS 194 Adolph Everett Longietti Reese Baker Fabrizio Maher Reichley Barrar Fairchild Mahoney Roae Bear Farry Major Rock Benninghoff Fleck Manderino Roebuck Beyer Frankel Mann Rohrer Bishop Freeman Markosek Ross Boback Gabig Marshall Sabatina Boyd Gabler Marsico Sainato Boyle Galloway Matzie Samuelson Bradford Geist McGeehan Santarsiero Brennan George McI. Smith Santoni Briggs Gerber Melio Saylor Brooks Gergely Mensch Scavello Brown Gibbons Metcalfe Schroder Burns Gillespie Metzgar Seip Buxton Gingrich Micozzie Shapiro Caltagirone Godshall Millard Siptroth Carroll Goodman Miller Smith, K. Casorio Grell Milne Smith, M. Causer Grove Mirabito Smith, S. Christiana Grucela Moul Solobay Civera Haluska Mundy Sonney Clymer Hanna Murphy Staback Cohen Harhai Murt Stern Conklin Harhart Mustio Stevenson Costa, D. Harkins Myers Sturla Costa, P. Harper O'Brien, D. Swanger Cox Harris O'Brien, M. Tallman Creighton Helm O'Neill Taylor, J. Cruz Hennessey Oberlander Taylor, R. Curry Hess Oliver Thomas Cutler Hickernell Pallone True Daley Hornaman Parker Turzai Dally Houghton Payne Vereb Day Hutchinson Payton Vitali Deasy Johnson Peifer Vulakovich Delozier Josephs Perzel Walko Denlinger Kauffman Petrarca Wansacz DePasquale Keller, M.K. Petri Waters Dermody Keller, W. Phillips Watson DeWeese Kessler Pickett Wheatley DiGirolamo Killion Preston White Donatucci Kirkland Pyle Williams Drucker Knowles Quigley Youngblood Eachus Kortz Quinn Yudichak Ellis Krieger Rapp Evans, D. Kula Readshaw McCall, Evans, J. Levdansky Reed Speaker

6 1236 LEGISLATIVE JOURNAL HOUSE JUNE 25 EXCUSED 9 Barbin Kotik Miccarelli Perry Belfanti Lentz Pashinski Wagner DeLuca was determined in the affirmative and the amendment was agreed to. Mr. REICHLEY offered the following amendment No. A02154: Amend Bill, page 1, line 11, by striking out "judges" and inserting individuals Amend Bill, page 2, by inserting between lines 16 and 17 "Public employee." The term shall have the same meaning as given to it in 65 Pa.C.S (relating to definitions). "Public official." The term shall have the same meaning given to it in 65 Pa.C.S (relating to definitions). Amend Bill, page 4, line 15, by striking out "county officials" and inserting public officials, public employees gentleman from Lehigh County, Representative Reichley. Mr. REICHLEY. Thank you, Mr. Speaker. This amendment would amend the language of the bill to include coverage for the investigation of public officials and public employees just because some of the potential individuals are not merely county employee. I believe it is an agreed-to amendment by the prime sponsor. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes the majority leader, Representative Eachus, on the amendment. Mr. EACHUS. Thank you, Mr. Speaker. I rise to support the gentleman's amendment. This is a good improvement to the language that was in the original bill, and I thank the gentleman for his assistance. (Members proceeded to vote.) LEAVE OF ABSENCE The SPEAKER. Turning to leaves of absence, the Chair recognizes the majority whip, Representative DeWeese, who requests the following leave for the gentleman, Representative GRUCELA, from Northampton County for the day. CONSIDERATION OF HB 1648 CONTINUED YEAS 193 Adolph Everett Maher Reichley Baker Fabrizio Mahoney Roae Barrar Fairchild Major Rock Bear Farry Manderino Roebuck Benninghoff Fleck Mann Rohrer Beyer Frankel Markosek Ross Bishop Freeman Marshall Sabatina Boback Gabig Marsico Sainato Boyd Gabler Matzie Samuelson Boyle Galloway McGeehan Santarsiero Bradford Geist McI. Smith Santoni Brennan George Melio Saylor Briggs Gerber Mensch Scavello Brooks Gergely Metcalfe Schroder Brown Gibbons Metzgar Seip Burns Gillespie Micozzie Shapiro Buxton Gingrich Millard Siptroth Caltagirone Godshall Miller Smith, K. Carroll Goodman Milne Smith, M. Casorio Grell Mirabito Smith, S. Causer Grove Moul Solobay Christiana Haluska Mundy Sonney Civera Hanna Murphy Staback Clymer Harhai Murt Stern Cohen Harhart Mustio Stevenson Conklin Harkins Myers Sturla Costa, D. Harper O'Brien, D. Swanger Costa, P. Harris O'Brien, M. Tallman Cox Helm O'Neill Taylor, J. Creighton Hennessey Oberlander Taylor, R. Cruz Hess Oliver Thomas Curry Hickernell Pallone True Cutler Hornaman Parker Turzai Daley Houghton Payne Vereb Dally Hutchinson Payton Vitali Evans, J. Longietti Reese EXCUSED 10 Barbin Grucela Miccarelli Perry DeLuca Lentz

7 2009 LEGISLATIVE JOURNAL HOUSE 1237 was determined in the affirmative and the amendment was agreed to. The SPEAKER. The gentleman, Mr. Reichley, has a second amendment. Is it our understanding you are withdrawing that amendment? Mr. REICHLEY. Mr. Speaker, I am intending to pursue amendment 2156 but withdraw amendment Amendment A02153 is being withdrawn, and the gentleman is offering amendment A Will the clerk read the amendment. Mr. REICHLEY offered the following amendment No. A02156: Amend Bill, page 3, line 17, by striking out "participating members" and inserting members of the commission The SPEAKER. The Chair recognizes the gentleman from Lehigh County, Representative Reichley. Mr. REICHLEY. Thank you, Mr. Speaker. This is an amendment meant to authorize ratification by majority vote of the 11 members of the commission. It is more or less a technical amendment, and again, I believe the prime sponsor is in agreement with the amendment. Thank you, Mr. Speaker. YEAS 193 Adolph Everett Maher Reichley Baker Fabrizio Mahoney Roae Barrar Fairchild Major Rock Bear Farry Manderino Roebuck Benninghoff Fleck Mann Rohrer Beyer Frankel Markosek Ross Bishop Freeman Marshall Sabatina Boback Gabig Marsico Sainato Boyd Gabler Matzie Samuelson Boyle Galloway McGeehan Santarsiero Bradford Geist McI. Smith Santoni Brennan George Melio Saylor Briggs Gerber Mensch Scavello Brooks Gergely Metcalfe Schroder Brown Gibbons Metzgar Seip Burns Gillespie Micozzie Shapiro Buxton Gingrich Millard Siptroth Caltagirone Godshall Miller Smith, K. Carroll Goodman Milne Smith, M. Casorio Grell Mirabito Smith, S. Causer Grove Moul Solobay Christiana Haluska Mundy Sonney Civera Hanna Murphy Staback Clymer Harhai Murt Stern Cohen Harhart Mustio Stevenson Conklin Harkins Myers Sturla Costa, D. Harper O'Brien, D. Swanger Costa, P. Harris O'Brien, M. Tallman Cox Helm O'Neill Taylor, J. Creighton Hennessey Oberlander Taylor, R. Cruz Hess Oliver Thomas Curry Hickernell Pallone True Cutler Hornaman Parker Turzai Daley Houghton Payne Vereb Dally Hutchinson Payton Vitali Evans, J. Longietti Reese EXCUSED 10 Barbin Grucela Miccarelli Perry DeLuca Lentz was determined in the affirmative and the amendment was agreed to. Mr. GRELL offered the following amendment No. A02173: Amend Bill, page 4, by inserting between lines 29 and 30 (6) To hold public hearings for the taking of testimony and the requesting of documents. The commission shall have the power to issue subpoenas under the hand and seal of its chair commanding any person to appear before it and answer questions touching matters properly being inquired into by the commission, and to produce any books, papers, records, documents and data and information produced and stored by any electronic data processing system as the commission deems necessary. The subpoenas may be served upon any person and shall have the force and effect of subpoenas issued out of the courts of this Commonwealth. Any person who willfully neglects or refuses to testify before the commission or to produce any books, papers, records, documents or data and information produced and stored by any electronic data processing system shall be subject to the penalties provided by the laws of this Commonwealth in such case. The chairperson of the commission shall have the power to

8 1238 LEGISLATIVE JOURNAL HOUSE JUNE 25 administer oaths and affirmations to witnesses appearing before the commission. The commission may also cause the deposition of witnesses either residing within or without this Commonwealth to be taken in the manner prescribed by law for taking depositions in civil actions. gentleman from Cumberland County, Representative Grell. Mr. GRELL. Thank you, Mr. Speaker. I am offering this amendment with the intention of enhancing the ability of this commission to do its work. This amendment would authorize the commission to issue subpoenas, would authorize the commission to take sworn testimony by deposition, and would enable the commission to administer oaths to witnesses appearing before the commission. Thank you. The SPEAKER. On the amendment, the Chair recognizes the majority leader, Representative Eachus. Mr. EACHUS. Thank you, Mr. Speaker. This is a really good step forward for our board to have the subpoena power to be able to call on any witness before this Interbranch Juvenile Justice Commission. The gentleman's amendment is a strong step forward to make sure that we get the questions answered about what happened in Luzerne County as an example of moving the protections of juveniles forward for the Commonwealth. So I support the gentleman's amendment. YEAS 193 Adolph Everett Maher Reichley Baker Fabrizio Mahoney Roae Barrar Fairchild Major Rock Bear Farry Manderino Roebuck Benninghoff Fleck Mann Rohrer Beyer Frankel Markosek Ross Bishop Freeman Marshall Sabatina Boback Gabig Marsico Sainato Boyd Gabler Matzie Samuelson Boyle Galloway McGeehan Santarsiero Bradford Geist McI. Smith Santoni Brennan George Melio Saylor Briggs Gerber Mensch Scavello Brooks Gergely Metcalfe Schroder Brown Gibbons Metzgar Seip Burns Gillespie Micozzie Shapiro Buxton Gingrich Millard Siptroth Caltagirone Godshall Miller Smith, K. Carroll Goodman Milne Smith, M. Casorio Grell Mirabito Smith, S. Causer Grove Moul Solobay Christiana Haluska Mundy Sonney Civera Hanna Murphy Staback Clymer Harhai Murt Stern Cohen Harhart Mustio Stevenson Conklin Harkins Myers Sturla Costa, D. Harper O'Brien, D. Swanger Costa, P. Harris O'Brien, M. Tallman Cox Helm O'Neill Taylor, J. Creighton Hennessey Oberlander Taylor, R. Cruz Hess Oliver Thomas Curry Hickernell Pallone True Cutler Hornaman Parker Turzai Daley Houghton Payne Vereb Dally Hutchinson Payton Vitali Evans, J. Longietti Reese EXCUSED 10 Barbin Grucela Miccarelli Perry DeLuca Lentz was determined in the affirmative and the amendment was agreed to. Ms. HARPER offered the following amendment No. A02158: Amend Bill, page 4, line 2, by inserting after "commission." Funding for the commission shall come from funds appropriated to the Office of the Governor and the Supreme Court. Expenses incurred by the commission may not exceed $300,000. AMENDMENT WITHDRAWN gentlelady from Montgomery County, Representative Harper. Ms. HARPER. Thank you very much, Mr. Speaker. This morning I received the fiscal note on this resolution, and in view of the fact that the fiscal note is favorable and less than my amendment would limit, I am withdrawing that amendment. Thank you. The SPEAKER. The Chair thanks the lady.

9 2009 LEGISLATIVE JOURNAL HOUSE 1239 The SPEAKER. It is the Chair's understanding the gentleman from Lancaster County, Representative Cutler, is withdrawing his amendment? The Chair thanks the gentleman. Bill as amended was agreed to. (Bill as amended will be reprinted.) * * * The House proceeded to second consideration of HB 1607, PN 2179, entitled: An Act amending Titles 42 (Judiciary and Judicial Procedure), 44 (Law and Justice) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, consolidating the law relating to constables; in Title 44, revising provisions on second and third class cities, on boroughs, on townships, on the Constables' Training and Education Board, on use of firearms, on the Constables' Training and Education Account and on statutory authority; making editorial changes; and making related repeals. Will the House agree to the bill on second consideration? Mr. CALTAGIRONE offered the following amendment No. A01980: Amend Bill, page 26, line 25, by striking out "(a) Standards. " Amend Bill, page 27, lines 1 through 16, by striking out all of said lines gentleman from Berks County, Representative Caltagirone. Mr. CALTAGIRONE. Thank you, Mr. Speaker. It is a technical amendment which retains all the current provisions relating to firearms training for constables while deleting the obsolete provisions regarding the grandfathering, which are no longer of any relevance. I would appreciate an affirmative vote. Thank you, Mr. Speaker. YEAS 193 Adolph Everett Maher Reichley Baker Fabrizio Mahoney Roae Barrar Fairchild Major Rock Bear Farry Manderino Roebuck Benninghoff Fleck Mann Rohrer Beyer Frankel Markosek Ross Bishop Freeman Marshall Sabatina Boback Gabig Marsico Sainato Boyd Gabler Matzie Samuelson Boyle Galloway McGeehan Santarsiero Bradford Geist McI. Smith Santoni Brennan George Melio Saylor Briggs Gerber Mensch Scavello Brooks Gergely Metcalfe Schroder Brown Gibbons Metzgar Seip Burns Gillespie Micozzie Shapiro Buxton Gingrich Millard Siptroth Caltagirone Godshall Miller Smith, K. Carroll Goodman Milne Smith, M. Casorio Grell Mirabito Smith, S. Causer Grove Moul Solobay Christiana Haluska Mundy Sonney Civera Hanna Murphy Staback Clymer Harhai Murt Stern Cohen Harhart Mustio Stevenson Conklin Harkins Myers Sturla Costa, D. Harper O'Brien, D. Swanger Costa, P. Harris O'Brien, M. Tallman Cox Helm O'Neill Taylor, J. Creighton Hennessey Oberlander Taylor, R. Cruz Hess Oliver Thomas Curry Hickernell Pallone True Cutler Hornaman Parker Turzai Daley Houghton Payne Vereb Dally Hutchinson Payton Vitali Evans, J. Longietti Reese EXCUSED 10 Barbin Grucela Miccarelli Perry DeLuca Lentz was determined in the affirmative and the amendment was agreed to. Bill as amended was agreed to. (Bill as amended will be reprinted.) * * * The House proceeded to second consideration of HB 120, PN 344, entitled: An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, further providing for forfeiture, for modification of wills, for advertisement of grant of

10 1240 LEGISLATIVE JOURNAL HOUSE JUNE 25 letters, for duty of personal representative, for enforcement of contribution or exoneration of Federal estate tax, for implementation of power of attorney, for applicability of rule against perpetuities, for modification of conveyance by divorce, for effect of divorce on designation of beneficiaries, for notice of representation, for creditor's claim against settlor, for actions contesting validity of revocable trusts, for claims and distribution after settlor's death, for trustee's duty to inform and report, for illustrative powers of trustee, for limitation of action against trustee, for power to convert to unitrust and for retirement benefits, individual retirement accounts, deferred compensation, annuities and similar payments; and making conforming amendments to Title 15. Will the House agree to the bill on second consideration? Mr. CALTAGIRONE offered the following amendment No. A00276: Amend Bill, page 14, line 11, by striking out the bracket before "at" Amend Bill, page 14, line 11, by inserting a bracket before "a]" Amend Bill, page 14, line 11, by striking out "] upon request, an annual" Amend Bill, page 14, line 14, by inserting after "report" ]upon request, periodic written financial reports concerning the trust Amend Bill, page 21, line 15, by inserting a bracket before "may" Amend Bill, page 21, line 16, by inserting after "assert" ]is barred from challenging a transaction or asserting Amend Bill, page 21, line 16, by inserting a bracket before "on" Amend Bill, page 21, line 17, by inserting a bracket after "transaction" Amend Bill, page 21, line 18, by inserting a bracket before "with" Amend Bill, page 21, line 19, by striking out "single" Amend Bill, page 21, lines 21 and 22, by striking out "full calendar" Amend Bill, page 21, lines 22 and 23, by striking out "or entire part of the calendar year during which the trust was in existence" Amend Bill, page 21, line 25, by inserting after "years" ]at least annually with periodic written financial reports concerning the trust Amend Bill, page 21, line 26, by inserting a bracket before "the" where it appears the second time Amend Bill, page 21, line 27, by inserting after "reports" ]a report Amend Bill, page 21, line 27, by inserting after "refers" or such report provided sufficient information so that the beneficiary knew or should have known of the potential claim or should have inquired into its existence Amend Bill, page 21, line 28, by inserting a bracket before "the" where it appears the first time Amend Bill, page 21, line 30, by striking out the bracket before "annual]" Amend Bill, page 21, line 30, by striking out the bracket after "[annual" Amend Bill, page 22, line 2, by inserting after "objection" ]in the 30 months after a report to which subparagraph (ii) refers was sent by the trustee to the beneficiary, the beneficiary did not notify the trustee in writing that the beneficiary challenges the transaction or asserts a claim and provides in writing the basis for the challenge or assertion Amend Bill, page 22, line 3, by striking out "five" gentleman from Berks County, Representative Caltagirone. Mr. CALTAGIRONE. Thank you, Mr. Speaker. This is an agreed-to amendment which makes technical changes to the provisions relating to the annual reports from a trustee to a beneficiary. The amendment conforms the language in HB 120 to the provisions which were passed by the Senate and reported from the House Judiciary Committee during the last session. I would appreciate an affirmative vote. Thank you, Mr. Speaker. YEAS 193 Adolph Everett Maher Reichley Baker Fabrizio Mahoney Roae Barrar Fairchild Major Rock Bear Farry Manderino Roebuck Benninghoff Fleck Mann Rohrer Beyer Frankel Markosek Ross Bishop Freeman Marshall Sabatina Boback Gabig Marsico Sainato Boyd Gabler Matzie Samuelson Boyle Galloway McGeehan Santarsiero Bradford Geist McI. Smith Santoni Brennan George Melio Saylor Briggs Gerber Mensch Scavello Brooks Gergely Metcalfe Schroder Brown Gibbons Metzgar Seip Burns Gillespie Micozzie Shapiro Buxton Gingrich Millard Siptroth Caltagirone Godshall Miller Smith, K. Carroll Goodman Milne Smith, M. Casorio Grell Mirabito Smith, S. Causer Grove Moul Solobay Christiana Haluska Mundy Sonney Civera Hanna Murphy Staback Clymer Harhai Murt Stern Cohen Harhart Mustio Stevenson Conklin Harkins Myers Sturla Costa, D. Harper O'Brien, D. Swanger Costa, P. Harris O'Brien, M. Tallman Cox Helm O'Neill Taylor, J. Creighton Hennessey Oberlander Taylor, R. Cruz Hess Oliver Thomas Curry Hickernell Pallone True Cutler Hornaman Parker Turzai Daley Houghton Payne Vereb Dally Hutchinson Payton Vitali

11 2009 LEGISLATIVE JOURNAL HOUSE 1241 Evans, J. Longietti Reese EXCUSED 10 Barbin Grucela Miccarelli Perry DeLuca Lentz was determined in the affirmative and the amendment was agreed to. Mr. MARSICO offered the following amendment No. A01323: Amend Bill, page 1, line 12, by inserting after "death," for removal of trustee, Amend Bill, page 10, line 1, by striking out "or" Amend Bill, page 10, line 3, by inserting after "spouse" where it occurs the second time ; or (4) a designation of the former spouse as beneficiary after the decree of divorce has been entered Amend Bill, page 11, line 28, by inserting after "7755(c)," 7766(b), Amend Bill, page 12, by inserting between lines 24 and Removal of trustee - UTC 706. * * * (b) When court may remove trustee. The court may remove a trustee if it finds that removal of the trustee best serves the interests of the beneficiaries of the trust and is not inconsistent with a material purpose of the trust, a suitable cotrustee or successor trustee is available and: (1) the trustee has committed a serious breach of trust; (2) lack of cooperation among cotrustees substantially impairs the administration of the trust; (3) the trustee has not effectively administered the trust because of the trustee's unfitness, unwillingness or persistent failures; or (4) there has been a substantial change of circumstances. However, a corporate reorganization of an institutional trustee, including a plan of merger or consolidation, is not itself a substantial change of circumstances. * * * gentleman from Dauphin County, Representative Marsico. Mr. MARSICO. Thank you, Mr. Speaker. This amendment deals with the laws of trusts and estates and was drafted and recommended by the Joint State Government Commission. The amendment deals with two portions of trust law. First, the amendment adds language clarifying what insurance policy will survive a divorce. Under the law, if spouses are divorced, the conveyance of certain property will not take place. There are exceptions, such as if the court orders the transfer or the wording of the instrument conveying the property makes it clear the transfer was meant to survive the divorce. And secondly, Pennsylvania has adopted the Uniform Trust Act. There is a comment to the Uniform Trust Act which states that when it comes to a change in circumstances justifying removal of a trustee, a corporate reorganization like a merger is not in and of itself a change in circumstance. The amendment is essentially taking the wording of the comment of the Uniform Trust Act and placing it in our statute. Once again, this amendment and the actual bill is the result of consultation with the Joint State Government Commission, and I ask for approval. The SPEAKER. The Chair recognizes the gentleman from Berks County, Representative Caltagirone. Mr. CALTAGIRONE. Thank you, Mr. Speaker. I would urge the members to support the Marsico amendment. Thank you, Mr. Speaker. YEAS 192 Adolph Everett Maher Reese Baker Fabrizio Mahoney Reichley Barrar Fairchild Major Roae Bear Farry Manderino Rock Benninghoff Fleck Mann Roebuck Beyer Frankel Markosek Rohrer Bishop Freeman Marshall Ross Boback Gabig Marsico Sabatina Boyd Gabler Matzie Sainato Boyle Galloway McGeehan Samuelson Bradford Geist McI. Smith Santarsiero Brennan George Melio Santoni Briggs Gerber Mensch Saylor Brooks Gergely Metcalfe Schroder Brown Gibbons Metzgar Seip Burns Gillespie Micozzie Shapiro Buxton Gingrich Millard Siptroth Caltagirone Godshall Miller Smith, K. Carroll Goodman Milne Smith, M. Casorio Grell Mirabito Smith, S. Causer Grove Moul Solobay Christiana Haluska Mundy Sonney Civera Hanna Murphy Staback Clymer Harhai Murt Stern Cohen Harhart Mustio Stevenson Conklin Harkins Myers Sturla Costa, D. Harper O'Brien, D. Swanger Costa, P. Harris O'Brien, M. Tallman Cox Helm O'Neill Taylor, J. Creighton Hennessey Oberlander Taylor, R. Cruz Hess Oliver Thomas Curry Hickernell Pallone True

12 1242 LEGISLATIVE JOURNAL HOUSE JUNE 25 Cutler Hornaman Parker Turzai Daley Houghton Payne Vereb Dally Hutchinson Payton Vitali Evans, J. Longietti NAYS 1 CALENDAR CONTINUED BILLS ON THIRD CONSIDERATION The House proceeded to third consideration of HB 1152, PN 2212, entitled: An Act establishing the Department of Aging and Long-Term Living and providing for its powers and duties; and making related repeals. Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. HB 1152 will be over for the day. Scavello BILL PLACED ON FINAL PASSAGE POSTPONED CALENDAR EXCUSED 10 Barbin Grucela Miccarelli Perry DeLuca Lentz was determined in the affirmative and the amendment was agreed to. Bill as amended was agreed to. (Bill as amended will be reprinted.) * * * The House proceeded to second consideration of SB 195, PN 1144, entitled: An Act amending the act of May 11, 1972 (P.L.286, No.70), known as the Industrialized Housing Act, further providing for definitions and for regulations, insignia of certification required. Will the House agree to the bill on second consideration? Bill was agreed to. * * * The House proceeded to second consideration of SB 446, PN 759, entitled: An Act amending the act of June 29, 1953 (P.L.304, No.66), known as the Vital Statistics Law of 1953, further providing for registration districts and local registrars' duties, for death and fetal death registrations and for reports. Will the House agree to the bill on second consideration? Bill was agreed to. The SPEAKER. HB 1152 will be placed on the final passage postponed calendar. * * * The House proceeded to third consideration of HB 1332, PN 2240, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for confidential communications to a critical incident stress management team member by law enforcement officers, firefighters, first responders and corrections officers. Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? On that question, the Chair recognizes the gentlelady from Montgomery County, Representative Harper. Ms. HARPER. Thank you, Mr. Speaker. Would the maker of the bill stand for brief interrogation? The SPEAKER. The gentleman from Allegheny, Representative Gergely, indicates he will stand for interrogation. The gentlelady, Ms. Harper, is in order and may proceed. Ms. HARPER. Thank you very much, Mr. Speaker. I want to make it clear that I totally respect the intent of this bill, and I support the intent of Representative Gergely in allowing people, first responders, involved in stressful incidents to be able to talk to an incident stress management team following the incident in order to discuss what occurred. With that in mind, Mr. Speaker, I need to ask the prime sponsor a question, because section 5950(b) contains an exception that communications which are related to any criminal act would not be entitled to the protection otherwise

13 2009 LEGISLATIVE JOURNAL HOUSE 1243 afforded by this bill. I know the gentleman intends that a first responder feel comfortable in talking to the stress management team about anything that occurred in the incident, and I would like to ask if his intention is that any criminal act language does not apply to any action or inaction which occurred during the incident which is part of what the team is studying. The SPEAKER. The gentleman, Mr. Gergely, is in order. Mr. GERGELY. Thank you, Mr. Speaker. I want to thank the Representative from Montgomery County. This is a good issue, and the question also is something that we need to address. And you are correct, Mr. Speaker, that is not the intent. We want to have the opportunity for these emergency service providers and our law enforcement officers to have every single ability to speak to their peers with respect to what they have gone through. We want to readdress this. I think we are going to ask the Law and Justice Committee in the Senate as this moves over to take a look, and if that section needs tweaked, to make those necessary changes so that we can make available all the ability for them to have the opportunity to talk to their peers without any repercussion of worrying about any legal ramifications. Ms. HARPER. So to clarify, Mr. Speaker, the intention of the gentleman's bill is that a first responder involved in a stressful incident should not fear a criminal prosecution or a criminal investigation in fully disclosing anything that occurred or that he wants to discuss about the incident in question. Mr. GERGELY. She is correct. Yes. Ms. HARPER. Thank you very much, Mr. Speaker. I support the bill. The SPEAKER. The Chair thanks the lady. LEAVE OF ABSENCE The SPEAKER. Turning to leaves of absence, the Chair recognizes the majority whip, Representative DeWeese, who requests the following leave for the gentleman from Delaware County, Representative VITALI, for the day. Without objection, the leave will be granted. CONSIDERATION OF HB 1332 CONTINUED Shall the bill pass finally? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. YEAS 192 Adolph Everett Maher Reese Baker Fabrizio Mahoney Reichley Barrar Fairchild Major Roae Bear Farry Manderino Rock Benninghoff Fleck Mann Roebuck Beyer Frankel Markosek Rohrer Bishop Freeman Marshall Ross Boback Gabig Marsico Sabatina Boyd Gabler Matzie Sainato Boyle Galloway McGeehan Samuelson Bradford Geist McI. Smith Santarsiero Brennan George Melio Santoni Briggs Gerber Mensch Saylor Brooks Gergely Metcalfe Scavello Brown Gibbons Metzgar Schroder Burns Gillespie Micozzie Seip Buxton Gingrich Millard Shapiro Caltagirone Godshall Miller Siptroth Carroll Goodman Milne Smith, K. Casorio Grell Mirabito Smith, M. Causer Grove Moul Smith, S. Christiana Haluska Mundy Solobay Civera Hanna Murphy Sonney Clymer Harhai Murt Staback Cohen Harhart Mustio Stern Conklin Harkins Myers Stevenson Costa, D. Harper O'Brien, D. Sturla Costa, P. Harris O'Brien, M. Swanger Cox Helm O'Neill Tallman Creighton Hennessey Oberlander Taylor, J. Cruz Hess Oliver Taylor, R. Curry Hickernell Pallone Thomas Cutler Hornaman Parker True Daley Houghton Payne Turzai Dally Hutchinson Payton Vereb Evans, J. Longietti EXCUSED 11 Barbin Grucela Miccarelli Vitali DeLuca Lentz Perry The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence. RESOLUTION Ms. HARPER called up HR 17, PN 15, entitled: A Resolution directing the Legislative Budget and Finance Committee to review the Commonwealth's program of providing grants for environmental protection and improvement projects under the Growing Greener Program and the Community Conservation Partnerships Program. Will the House adopt the resolution?

14 1244 LEGISLATIVE JOURNAL HOUSE JUNE 25 YEAS 192 Adolph Everett Maher Reese Baker Fabrizio Mahoney Reichley Barrar Fairchild Major Roae Bear Farry Manderino Rock Benninghoff Fleck Mann Roebuck Beyer Frankel Markosek Rohrer Bishop Freeman Marshall Ross Boback Gabig Marsico Sabatina Boyd Gabler Matzie Sainato Boyle Galloway McGeehan Samuelson Bradford Geist McI. Smith Santarsiero Brennan George Melio Santoni Briggs Gerber Mensch Saylor Brooks Gergely Metcalfe Scavello Brown Gibbons Metzgar Schroder Burns Gillespie Micozzie Seip Buxton Gingrich Millard Shapiro Caltagirone Godshall Miller Siptroth Carroll Goodman Milne Smith, K. Casorio Grell Mirabito Smith, M. Causer Grove Moul Smith, S. Christiana Haluska Mundy Solobay Civera Hanna Murphy Sonney Clymer Harhai Murt Staback Cohen Harhart Mustio Stern Conklin Harkins Myers Stevenson Costa, D. Harper O'Brien, D. Sturla Costa, P. Harris O'Brien, M. Swanger Cox Helm O'Neill Tallman Creighton Hennessey Oberlander Taylor, J. Cruz Hess Oliver Taylor, R. Curry Hickernell Pallone Thomas Cutler Hornaman Parker True Daley Houghton Payne Turzai Dally Hutchinson Payton Vereb Evans, J. Longietti EXCUSED 11 Barbin Grucela Miccarelli Vitali DeLuca Lentz Perry was determined in the affirmative and the resolution was adopted. RESOLUTION PURSUANT TO RULE 35 Mr. PYLE called up HR 352, PN 2102, entitled: A Resolution designating the month of August 2009 as "Kidney Cancer Awareness Month" in Pennsylvania. Will the House adopt the resolution? gentleman from Armstrong, Representative Pyle. Mr. PYLE. Thank you very much, Mr. Speaker. Mr. Speaker, I ask today for an affirmative vote on HR 352, which would declare August "Kidney Cancer Awareness Month" in Pennsylvania. Mr. Speaker, the American Cancer Society statistics have shown that 36,000 Americans every year are stricken by kidney cancer. To date, there are no known cures or causes for kidney cancer. Mr. Speaker, this is somewhat personal to me, having been somebody who has dealt with kidney cancer. We are very, very fortunate in western Pennsylvania and other parts of the Commonwealth to have teams of skilled surgeons and oncologists who have made the recovery rate extremely high, and if caught soon enough, kidney cancer is curable, Mr. Speaker. I would thank you for your attention and a positive vote. Thank you. Will the House adopt the resolution? YEAS 192 Adolph Everett Maher Reese Baker Fabrizio Mahoney Reichley Barrar Fairchild Major Roae Bear Farry Manderino Rock Benninghoff Fleck Mann Roebuck Beyer Frankel Markosek Rohrer Bishop Freeman Marshall Ross Boback Gabig Marsico Sabatina Boyd Gabler Matzie Sainato Boyle Galloway McGeehan Samuelson Bradford Geist McI. Smith Santarsiero Brennan George Melio Santoni Briggs Gerber Mensch Saylor Brooks Gergely Metcalfe Scavello Brown Gibbons Metzgar Schroder Burns Gillespie Micozzie Seip Buxton Gingrich Millard Shapiro Caltagirone Godshall Miller Siptroth Carroll Goodman Milne Smith, K. Casorio Grell Mirabito Smith, M. Causer Grove Moul Smith, S. Christiana Haluska Mundy Solobay Civera Hanna Murphy Sonney Clymer Harhai Murt Staback Cohen Harhart Mustio Stern Conklin Harkins Myers Stevenson

15 2009 LEGISLATIVE JOURNAL HOUSE 1245 Costa, D. Harper O'Brien, D. Sturla Costa, P. Harris O'Brien, M. Swanger Cox Helm O'Neill Tallman Creighton Hennessey Oberlander Taylor, J. Cruz Hess Oliver Taylor, R. Curry Hickernell Pallone Thomas Cutler Hornaman Parker True Daley Houghton Payne Turzai Dally Hutchinson Payton Vereb Evans, J. Longietti EXCUSED 11 Barbin Grucela Miccarelli Vitali DeLuca Lentz Perry was determined in the affirmative and the resolution was adopted. BILL ON SECOND CONSIDERATION The House proceeded to second consideration of HB 687, PN 760, entitled: An Act amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, in guaranteed energy savings contracts, further providing for definitions, for contracting procedures and for contract provisions. Will the House agree to the bill on second consideration? BILL TABLED The SPEAKER. The Chair recognizes the majority leader, who moves that HB 687 be removed from the active calendar and placed on the tabled calendar. Will the House agree to the motion? Motion was agreed to. BILL REMOVED FROM TABLE The SPEAKER. The Chair recognizes the majority leader, who moves that HB 687 be removed from the tabled calendar and placed on the active calendar. Will the House agree to the motion? Motion was agreed to. BILL ON THIRD CONSIDERATION The House proceeded to third consideration of HB 1051, PN 2002, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, further providing for background checks of prospective employees and specific convictions of employees; and amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for release of information in confidential reports and for investigation of reports of suspected child abuse by county agencies. Will the House agree to the bill on third consideration? BILL TABLED The SPEAKER. The Chair recognizes the majority leader, who moves that HB 1051 be removed from the active calendar and placed on the tabled calendar. Will the House agree to the motion? Motion was agreed to. BILL REMOVED FROM TABLE The SPEAKER. The Chair recognizes the majority leader, who moves that HB 1051 be removed from the tabled calendar and placed on the active calendar. Will the House agree to the motion? Motion was agreed to. RESOLUTION Mr. EACHUS called up HR 145, PN 1037, entitled: A Concurrent Resolution directing the Joint State Government Commission to conduct an in-depth study focusing on creating a nonpartisan interbranch institute to assist policymakers, particularly in the legislature, in making informed judgments about significant, longterm criminal justice issues facing this Commonwealth; and requiring a report. Will the House adopt the resolution? RESOLUTION TABLED The SPEAKER. The Chair recognizes the majority leader, who moves that HR 145 be removed from the active calendar and placed on the tabled calendar. Will the House agree to the motion? Motion was agreed to.

16 1246 LEGISLATIVE JOURNAL HOUSE JUNE 25 RESOLUTION REMOVED FROM TABLE The SPEAKER. The Chair recognizes the majority leader, who moves that HR 145 be removed from the tabled calendar and placed on the active calendar. Will the House agree to the motion? Motion was agreed to. HOUSE SCHEDULE The SPEAKER. The Chair recognizes the gentleman from Luzerne County, the majority leader, Representative Eachus. Mr. EACHUS. Mr. Speaker, I would like to make an announcement for the information of the members. The SPEAKER. The gentleman is in order and may proceed. Mr. EACHUS. Thank you, Mr. Speaker. We have been engaged in a bipartisan way in budget negotiations. There will be more of that going on today and hopefully more dialogue going into the weekend. But for the information of the members, we intend to adjourn today. The Speaker will talk about what he will recommend for the membership, but we will be back in session on Monday with a full calendar. ANNOUNCEMENT BY MR. CIVERA The SPEAKER. Are there any further announcements? The Chair recognizes the gentleman from Delaware County, Representative Civera, under unanimous consent. Mr. CIVERA. Mr. Speaker, I just rise to make an announcement. Mr. Speaker, today I introduced House Discharge Resolution 1 and House Discharge Resolution 2. Discharge Resolution 1 is to discharge HB 1416, which is the Governor's budget. Discharge Resolution 2 is to discharge SB 850, which was the budget that was sent over by the Senate. My hopes are that starting from Monday thereafter that we would call one of these discharge resolutions to the floor. Thank you, Mr. Speaker. Any further announcements? The Chair has in its possession a motion to adjourn by the gentleman from Adams County The Chair rescinds that. STATEMENT BY MR. ADOLPH The SPEAKER. The Chair had a conversation with the gentleman and forgot. The Chair recognizes the gentleman from Delaware County, Representative Adolph, under unanimous consent. Mr. ADOLPH. Thank you, Mr. Speaker. Sometimes we forget about good news, just like the Speaker mentioned. I stand in front of my colleagues today very proud to announce to the General Assembly that the Pennsylvania Higher Education Assistance Agency was just awarded a contract by the United States Department of Education to be one of only four vendors to service a $100-billion-a-year student loan business. Mr. Speaker, PHEAA was created by the General Assembly back in 1963, and it has had its ups and downs. But I can assure everyone in this General Assembly that currently PHEAA is experiencing one of its up times. The reforms that have been made over at PHEAA in the last 2 years, the sacrifices that the PHEAA employees have made over the last 2 years to put together this contract we have 2,000 employees, 95 percent of them employed right here in central Pennsylvania. Fourteen hundred of those employees are AFSCME (American Federation of State, County, and Municipal Employees) union members good-paying jobs. When this contract gets under way in July of 2010, it is our belief that PHEAA will be around for a long time to put back into the economy of Pennsylvania and for the benefit of our students and our universities. The members of this General Assembly year in and year out give PHEAA the opportunity to distribute grants to our students, and we thank you very much. I will keep the members informed of other initiatives that PHEAA has in its plans for the future. Thank you very much for your attention. Have a good weekend. Thank you very much. STATEMENT BY MISS MANN The SPEAKER. The Chair recognizes the gentlelady from Lehigh County, Representative Mann, under unanimous consent. Miss MANN. Thank you, Mr. Speaker. I would just like to add to the comments of the previous speaker, who in a very humble way did not mention that he serves as the chair of the board at PHEAA. It has been under his leadership and guidance that PHEAA has gotten through a very, very difficult time, not only a time of reform in our practices but also reform at a time when we have been very challenged by the credit markets and what we have seen transpire on Wall Street over the past couple of years. So this is really significant news to the ongoing existence of PHEAA, not only its survival but it thriving again to do what it has done for decades here in Pennsylvania, and that is to increase access to higher education for thousands and thousands of Pennsylvania students. And we are excited at the prospect of continuing in that path and again being able to return those profitable dollars back to Pennsylvania students so that we can continue our mission of making sure that higher education is available to all those who are willing to work to achieve it. So I just want to congratulate the staff, the employees, their leadership at PHEAA, the whole board, but particularly, to our chairman, Bill Adolph. Thank you very much. The SPEAKER. The Chair thanks the lady. STATEMENT BY MR. DALLY The SPEAKER. For what purpose does the gentleman, Representative Dally, rise? Mr. DALLY. Unanimous consent, Mr. Speaker. The SPEAKER. Without objection, the gentleman is in order and may proceed. Mr. DALLY. Thank you, Mr. Speaker. At the risk of being accused of piling on, I also rise to salute Chairman Adolph and our Vice Chairman Sean Logan and the

17 2009 LEGISLATIVE JOURNAL HOUSE 1247 president and CEO (chief executive officer) of PHEAA, Jim Preston, for all of their hard work, and also, the 2200 employees at PHEAA who are all instrumental in gaining this important Federal contract. As one of four organizations in the entire country to be awarded this Federal contract that is a huge event for PHEAA and for the students of Pennsylvania to service a portion of more than $100 billion in new federally owned student loans. As I said, this is good news for Pennsylvania students and their families, our institutions of higher education, and the more than 2200 PHEAA employees who work every day to improve access to education. PHEAA has been successful for the past 45 years in large part due to its ability to adapt to change. In the past 2 years, adapting to changes in Federal regulation, changes in the economic stability of the financial markets, and restructuring its business model to reflect the evolving needs of the student aid industry have collectively positioned PHEAA for the future. In February of 2008 the PHEAA Board and PHEAA management were among the first in the nation in the student aid industry to identify the severity of the then pending financial sector meltdown and its impact on PHEAA's business model. While all of this is certainly good news, there will be new challenges and new business opportunities as is evident by this contract that was just entered into and awarded to PHEAA. Everything we have accomplished thus far has positioned PHEAA to be ready to respond proactively and continue its mission of providing access to higher education for future generations of Pennsylvania students and families. Thank you, Mr. Speaker. Any further announcements? BILLS AND RESOLUTIONS PASSED OVER The SPEAKER. Without objection, any remaining bills and resolutions on today's calendar will be passed over. The Chair hears no objection. ADJOURNMENT The SPEAKER. The Speaker has in its possession a motion to adjourn filed by the gentleman from Adams County, Representative Tallman, who moves that this House do now adjourn until Monday, June 29, 2009, at 1 p.m., e.d.t., unless sooner recalled by the Speaker. It is for the information of the members that the Speaker is going to place the House on a 6-hour call starting from the time we adjourn today. Should anything transpire with our negotiations, we will call the members back into session. So you will be on a 6-hour call after we vote on the adjournment motion today. That 6-hour call will be for Friday, Saturday, and Sunday. On the motion to adjourn, those in favor of the motion will signify by saying "aye"; those opposed, "nay." Will the House agree to the motion? Motion was agreed to, and at 12:14 p.m., e.d.t., the House adjourned.