E:zF Katz - The Pennsylvania General Assembly

Amrnd Sec. 11. page 11. line 8 by striking out "Justice"
and inserting: the Auditor General
Amend Src. 11, page 11, line 11 by striking out "Justice"
and inserting: the Auditor General
Amend Sec. 11, pagc 11. linc 12 by inserting after "the":
Court of Claims of the
Amrnd Sec. 11, page 11, lines 12 and 13 by striking out
"Justice from the Department of"
Amend Scc. 11, page 11, !inc 14 by inserting after "the"
where it appears thc first timc: Board of Arbitration of
Claims in the
On the question,
Will the House agree to the amendments?
The SPEAKER. The Chair recognizes the gentleman
from Schuylkill, Mr. Goodman.
hlr. GOODMAN. I believe the amendments are agreed
to, Mr. Speaker.
The SPEAKER. Will the gentleman briefly explain
the amendments?
Mr. GOODMAN. The amendments leave the Board of
Claims under the jurisdiction of the Auditor General
wherc it now is. The bill would have transferred this
to the Dcpartment of Justice. The amendment takes out
"Justice" and leaves it under the jurisdiction of the
Auditor General.
On the question recurring,
l,?ill the House agree to the amendments?
Amendments were agreed to.
On the question,
Will the House agree to the hill as amended on third
consideration?
&rr, MANDF,]2TNO and unanimous
conscnt to offer the following amendments, which were
LCdU.
Amend Title, page
LEGISLATIVE JOURNALHOUSE
line 14 by inserting after ccforv:
hparing panels an11 for
Amend Sec. 2 (Sec. I), page 3, by inserting between
lines 21 and 22:
The Court of Claims may, in its discret;on appoint
Amend Sec. 8 (Sec. 8), page 8, line 21 by inserting after
"Claims": or hearing panel
Amend Sec. 8 (Sec. 8), page 8, line 26 by inserting after
"hearmg."
If the hcaring is before a panel, such panel shall make
its recommendntlon or recommendations to the court
within thirty (30) days after the hearing,
On the question,
will the ~ouse agree to the amendments?
The SPEAKER. The Chair recognizes the majority
whip.
Mr. MANDERINO. Mr. Speaker, the Court of Claims,
as set up under Pennsylvania law, handles disputes that
arise with persons in the general public, corporations
and firms that have disnutes with the Commonwealth in
matters of contracts and other matters.
~h~ cnlirt of claims in the last several years has had
difliculty making their decisions within the time pre-
scribed by law and even within reasonable times,
many cases are not decided for periods of time
up to and years, all during which time, when a fa-
vorable decision to the claimant is made, interest must
be paid by the Commonwealth. The Commonwealth has
naid in individual cases as high . as $82.000 . . in interest.
My amendment simply tries to expedite the process
of arbitrating or settling the claims before the Court
of Claims by allowing the Court of Claims, in cases where
the decision cannot be made under the law within
60 days-or at least in the opinion of the secretary of
the hoard-to refer the matters to a hearing panel,
amendment sets up three separate hearing panels
-one in the eastern district of the state, one in the
western, and onc in the central district of the state. There
arc two members on each panel; one is an engineer and
onc is an attorney. The amendment provides for their
rate of pay at $150 per day. There is a top limit that
any psnelist can receive in any one year of $10,000, which
"lakes the total cost of this particular amendment $60.000
So far as paying the panel members is concerned. It is
my opinion that much more than the $60,000 that we will
spending to expedite ,f the court of
Claims will bc saved in the interest saved by the Com-
m:~nwealth on the claims that are arbitrated or settled
some four and perhaps more years after they are origin-
three hearing l,anels consisting of two individIlals each,
one .~f whom sl~ali be a rczistered enginrer and the other
rnf witom shnli hr lrnrned in the lam and shall be the
chairman. These individuals shall receive actual travel-
I : exp-nses and per diem compensation at the rate
,f hundrrd fifty dollars !~150) per day for the time
c:.:~.~!!~ dcvotzd to the h~ic~nrs: of the court, but no
]?avrl mrrnhrr shall he paid more than ten thousand
dollars ($10,000) per diem compensation in any calendar ally fi!cd, and interest runs from the date of claim. I
yczr. The hearing ~anr!s shall he denominated the Eastern,
:fiddle and wrctern ~ i ~ t ~ i ~ ~ t panel, ~ re- ~ would j ask and ~ urge g the House to adopt the amendment
spectively, and sha'! have jurisdiction in areas of the that I propose, Mr. Speaker.
Ccmmonwea!th coter-.~inus with the three judicial districts
of the United Stntrr District Courts in the Com- The SPEAKER. The Chair recognizes the gentleman
mrnw~alth istablished by section 118 of the Judicial fron, philadelphia, M ~. perry,
Code and Judic'nry. art of June 25, 1948, as amended
June 2. 1070 (P. I,. 93-272), 28 U.S.C. section 118.
Mr. PERRY. Mr. Speaker, thank you.
Amend Sec. 6 (Sec. 6), page 6, line 27 by inserting after The SPEAKER. Is the gentleman addressing himself to
"answer.":
When. in the opinion of the secretary of the court, a
the amendments?
decision by the court is unlikely to be made within sixty Mr. PERRY. Yes, to the amendments.
(60) days from the date of hearing, as provided in section
8, the secretary of the court may refer the case, together The SPEAKER. The Chair recognizes the gentleman.
with all pleadings, to one of the three hearing panels
e5tahlishcd pursuant to section 1, within its jurisdiction. Mr. PERRY. want the House to know that this
The henring panel shall list the,case for hearing at the amendment, except for the cost being $200 a day for
earllest available date after recclnt of the case from the
was part of the original bill and it was
secretary of th? court. The hearing panel shall be sub- amended out of the hill in we gave the
!rzt to all the reuuirements of th~s act as to procedure,
hearings and opinions, as tht, rourt. ~h~ hearing reasons why-because the hoard does have the authority
shall forward it? reci~xnenc7.ation or recommendations to appoint experts and investigators and so forth-and
to the court. within the time established pursuant to we ripped it out of the bill in committee, and I offered
section 8.
the amendment. I stlll feel strongly that these panels
AmendSec.8 (Sec. 81, page 8,line 17 by Ip~erting after
"Claims": or hearing panel . :
are not, needed and I oppose the amendment.