E:zF Katz - The Pennsylvania General Assembly

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Mr. ZEARFOSS. Just a brief comment, Mr. Speaker. The bill properly, it seems to me, tries to take care of the situation where the homcowner cannot afford to abate the lead paint problem in this house. I think, llnfortunately, in attempting to do something about this problem, we have come up with an unconstitutional solution. It seems to me that on the question of the constitution requiring uniformity of taxatinn, when we allow a special tax treatment for those sulfering financial hardship beca~lse they cannot abate lead paint poisoning, that does not meet the standards set forth in the constitution for special tax treatment. Financial hardship does not necessarily equate with poverty. I think without further definition in this bill as to what is financial hardship and a definition that docs make it equivalent to poverty, or it is clear that it means poverty, I do not believe that the bill is constitutional in the sensc that it gives a special tax treatment. Therefore, Mr. Speaker, I would like to question and call for a vote on the constilutionality of the bill on LEGISLATIVE JOURNALHOUSE June 8, various contractors in my neighborhood and some of On the question, them said that could be even lieht. - Will the IIouse sustain the constitutionalitv of the bill? There is a tax credit provision in this bill, hut it says: The yeas and nays were required by Messrs, ZEAR- ". . . however, such credit shall not excecd the actual FOSS and DiCARLO and were as follows: amount of the tax." Therefore, if the annual tax is around $300 to $400 and the cost of removing the lead ( YEAS-122 paint is $1,500, the poor person is going to suffer a Abraham penalty of $1,200. Arthurs I do not think that we should be putting this burden ~~~~& upon the poor people of this Commonwealth without nerun a heck of a lot more study. Berson Bonetto As far as Mrs. Kellv's comments. I could not aeref Bradley with her more that we'havc. to do something about lead paint poisoning, but to throw the baby out with the bath caputo water is not the solution. I urge a negative vote on '$!tz:$lu this bill. Cole Cowell The SPEAKER. The Chair recognizes the gentleman Eg:zz from Delaware, Mr. Zearfoss. Diearlo DlDonato 3ombrowahl QUESTION OF CONSTITUTIONALITY Doyle OF RILL RAISED Drelbelbb Duxnas EckensbVper Englehart Fee ~ ~ ~ ~ Foster. A. myer Galbg,,er Garzis Geesey Geisler George ~lammsrco ~illerpie Glllette Gleeson GoodmSn Green Greenfield Hslverson Hayes. D. S. Hopkins Hutchlmon. A. Irvis Itkln JO~NOII. J. Kati Kelly, A. P. Ker"eK Kistlcr Koiter Kawnlyshyn LaMarca Idaudadfo rLaughlUI t y Letterer Letterman Lincoln Lome Mandenno Rlchsrdson McCall Rieb'er ~c~ntyle Ritter McI.ane Ross hlenhom Ruggiero Miller. M. E. Scheaffer Miller, M. E., Jr. Schmitt Milliron Schweder hr~scevich scirtcu Morrl? Shelhsmer Mrkonie Shelton Mullen. M. P. Shuman Musto Shupnik Myers Stapleton Novak Stout O'Brien Taylor O'Donnell Toll O'Keefe Trello Oliver Ustynoski Perd Vallcentl Perry VJsnsaez Pctrarca Wnrgo Plevsky Wiggins Pitts Williams Pratt Wllson Prendergast Waidak ltavenstalil Wright Reed Zwikl Rennlnger Renwlck Nneman. Rhodes Spesliri NAYS-70 Anderson.J,a. Gallen McClstchy Spencer Bcren Grie~o McCue Sfahl g:,edt Gring h?rctlinir Taddonlo Hamilton, J. H. Mebua Thomas Butera HRSBY Mllanoulck~ Turner Cessar Habkell Noyc vroon Clmlnl Hayes. S. E. O'Connell Wagner Crawford Hepford Pancoast Weldner Parker. H. S. Westerbrrg % :land Hutehlnson. W. Polite Whelan Deverter Kelly, J. R. PYI~. Wllt. R. W. Klingaman nyan Wllt. W. W. Knepper Salvatore Wordlow uom KUSS~ Seltzer Yohn Lehr Strianni zearfosr ;:sEr Lev1 Smith. E. Zeller ~0.ter.w. Lynch smith. L. Zord Frefnd Manmiller that issue. NOT-VOTING-I1 The SPEAKER. The gcntleman, Mr. Zearfoss, has called into question the matter Of the constitutionality %&$? MeGinu' Rappspart Walsh. T. P Muehlmam Saloom Yahncr of House hlll NO. 9. Hamock Mullen shane The Llrnir recognizes the grnllemrn from Erie. Mr. / The majority required by the constitution having voted nirlrin in the affirmative, the question was determined in the - - - -. . - . aiiirmalive, and the constitutionalily of the hill was Mr. DiCARLO. Mr. Spcakcr, this was one of the prob- sustained, lems that the committee dealt with whcn we talked about the issue of tax credit and cspecially if a tax credit were directed primarily to a municipality. Ilowever, we were informed by the Legislative - Reference Bureau that bv having the tax credit reimbursed from the Commonwealth of Pennsvlvania. indeed it is constitut~onal and - / On the ouestion recurrine. -. Shall the bill pass finally? VOTES CHAI,I,ENGED does not violate the Constitution of Pennsylvan~a. So I T ~ C SPEAKER. he chair. recognizes the minority would ask the membership to vote against Mr. Zearfoss hi^. on this move. Mr. RYAN. Wlr. Speaker, may I have a slow roll call? The SPEAKER. Those members desiring to vote to The SPEAKER. Members will proceed to vote. reflect their view that this bill is constitutional will vote Mr. RYAN. Mr. Caputn? in the affirmative. Those members desiring to express The SPEAKER. Is the gentleman, Mr. Caputo, in the the opinion that the bill is unconstitutional will vote in hall of the House? the negative. Mr RYAN. Mr. Reed? Mr. Gleeson?
-- ~ LEGISLATIVE JOURNALHOUSE The SPEAKER. Is the gentleman, Mr. Gleeson, in the Less than the majority required by the constitution hall of the House? having voted in the affirmative, the question was de- The vote will be stricken if the gentleman is not there. termined in the negative and the bill falls. Mr. RYAN. Mr. Johnson? Is Mr. Rhodes here? PI-IOTOGRAPHS TO BE TAKEN The SPEAKER. Is the gentleman, Mr. Rhodes, in the hall of the House? The SPEAKER. The Chair has extended permission to Mr. RYAN. Mr. Laudadio? the Harrisburg Patriot News to take photographs of the The SPEAKER. Mr. Laudadio is in his office. Ifouse session today. Will you call Mr. Laudadio's room and ask him to come down to the floor, please? IXOUSE KILT, No. 473 TEMPORARI1,Y Mr. RYAN. Mr. Rhodes, Mr. Speaker? I am sorry. PASSED OVER The SPEAKER. Mr. Rhodes is present. The SPEAKER. Is the majority leader prepared to Mr. RYAN. Mr. Speaker, is Michael Mullen on the take up Ilouse bill No. 473 at this time? floor? Mr. IRVIS. I believe so, Mr. Speaker. Ycs, Mr. Speaker, I am. On the question recurring, Shall the bill pass finally? The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Pyles. Aereeable to the nrovision of the constitution. the Mr. PYLES. Mr. Speaker, on House bill No. 473. I I yeas and nays were taken and were as follows: have an amendment coming down from the Reference Bureau and it is not here yet. I could not prepare that YEAS-99 ' amendment until I got the proposal of Mrs. Toll, which Abraham George McIntyre I just received about an hour ago. ?nrber Giilesgle McLane The SPEAKER. This biil will be temporarily passed Bennett Gillette Menhorn over. Berlln Goodman Milanovieh Seiries BerSOn Green Milier. M. E. Shane Mr. PYLES. Thank you, Mr. Speaker. Bonetto Grenlfleld Mlller. M. E., Jr. Shelton Bradley Hayes, D. S. Milliron Shupnlk The SPEAKER. The Chair recognizes the majority 13rllnner Hopkins Miseev~eh Stapleton Ijornn Hutchlnnon, A. leader. Morris stout C~nneiulU lmis Mrkonic Taylor Mr. IRVIS. Instead of recognizing Mr. Pyles first, let Coheo Itkin Mullen Toll us recognize Mr. Wilson and iVrs. Toll, and then perhaps Cole Johnson. J. blurto Trello Cowell Kata tioval< Ustynoskf by the time we get through with that debate, Mr. Pyles I'rMedlo Kelly, A. P. U'nrien Vallcentl will be ready. IlrWeese Kcrniek Oiiver Wsnvacz -,,Carl., Ristler Perry Tare" 7i;uonato Kolter Petrarca wigiins I)o-.nbrorWL1 LaMar~a Pievsky Willlams SENATE MESSAGE nayle Eriicnsberga Englehart Fee Fireher Laudadio Laughlin ILctterrnan Lincolll Logue Pratt Havenitai>l Renmck Rhodes Rieger Wilson WojdaL Wright Zwlkl I APPOINTMENT OF CONFERENCE COIMMITTEE ON SENATE BILL No. 1365 Flaherty Gallagher Garzia Manderino McCaU Ritter Ross rlneman. Sgeakel NAYS--83 Anderaon. J. 8. Gallen Lynch Shuman .?rthum Gecsey Manmiller Sirlannt H~ren Givrnrnarco McClvtchy Smith. E. Bnftle Grleco MeCue Smith. L. Brndt Gring NIcGinni8 Spencer nutera H~iverson Mebus Stahl Cessar IIumilton. J. H. Moehlm- Taddonio Cimtnl IIasay Mullm, M. P. Thomas Crawlord Hiiskell Nore Turner Cuinherland Uavies ncverter m?tz n:r,nni Dorr i7nl.vCett Fisher Foster. A. Foster. W. Freind Fryer [Jcllomlnl cayuto Iireihelbtl Dumas Hayes. S. 2. ~.Connell He~ford wUonneI1 ;:ill O'lceefe Hutchinsan. W. Pancoast IKetly. .I. B. Parker.=. S. Kiinrarnan I'itts ~nciper Polite Koivaiyshyn Pylrs KUSW Iicnnlnger Lrderer Seiieader NOT VOTING-21 Gleeson Prendergast Hammock Rappaport LlcGraw Reed Myers Richardson ~erri Ryan Saloom Salvatore Warner Wslsh, T. P Yahner The clerk
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E:zF Katz - The Pennsylvania General Assembly

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