E:zF Katz - The Pennsylvania General Assembly

More documents

Recommendations

Info

5128 LEGISLATIVE JOURNALHOUSE June 8, The SPEAKER. The Chair recognizes the majority On the question recurring, whip. Will the House agree to the amendments? Mr. MANDERINO. Mr. Speaker, what Mr. Perry says The yeas and nays were required by Messrs. MANis correct in part. The hearing panels as set up in the DERINO an d BUTERA and were as follows: original bill were opcn-ended so far as compensation was concerned. The figure was $200 per day per panel member, and we have reduced that to $150. We have Arthurs also put a top limit of $10,000 per year. The way it ap- Bennett peared to the committee was that the open-endedness, Beren allowing the $200 a day fur as many days as they may be able to smchedule or want to schedule, was just taking Bonetto off too much and providing too much help for the court. :$ I think that the amendment is greatly different, and Brunner I would again emphasize that we are only talking about ::f:"* a cost of $60,000 and I would urge adoption of the caput0 amendment. Cianciulli Clmr"l The SPEAKER. The Chair recognizes the minority E:F: leader. Crewford Cumberland Mr. BUTERA. Mr. Speaker, I rise to support the con- navies cept put forth by Mr. Manderino. The important thing DeMemo DrWeeSe here is that citizens of this Commonwealth are being D~D,,,~ denied justice and in many instances they are being DldNu DOmbrOmkl denied recovery of funds, and it is absolutely wrong for the government to keep the people's money, par- Doyle titularly when the reasons why they are being denied ~ ~ ~ justice and, in some cases, recoveries are because of lack Fawcett of personnel, lack of time being able to he devoted to these important claims, and I think we have every oh- ~lnheny ligation to speed up this process so that the people are :$, given justice. Frelnd I Gallagher The SPEAKER. The Chair recognizes the gentleman from Lehigh, Mr. Zeller. GBFzla Lynch Geesey Manderlno Gelsler hlcCall Glammarm MeClatchy Gillesple McCue Glllette McLene Gleeson Mebus Goodman Menhorn Green Milanovlch Greenfield Miller. M. E. Gllem Miller. M. E., Gllng Milliron Hamilton. J. 5. Miseevich HaskeU Moehlrnann Hayes, D. S. Mullen Hepford Musto Hill Myers Hopkins Noye Hutchinson.A. O'Brien Hutchinson. W. O'Connell Irvls Pnneoast Johnson. 3. Parker. H. S Katz Petrarca Kelly. A. P. Pltta Kelly. J. B. polite KIstler Pratt Rappaport ~ ~ ~ Ravenstahl m e r Reed Rennlnger Richardson Rleger Ritter Lehr Ryan Lincoln Saloom Logue NAYS47 Seheaffer Schmitt Schwcder Sdrica Seltzer Shane ShupnIk Sinannl Smith, E. Smith. L. Spencer stout Taddonio Taylor Toll Rello Ustynoskl Vroon wansaez Were0 weizner Westerberg William Wilson Wojdak wornlow Wright Yohn Zearfoss Flneman. S1)eak-r Mr. ZELLER. Mr. Speaker, it is not often that I would ' agree with the leadership, hut this happens to he a case where, upon checking with the Department of Labor Bltr!e Cebsar and Industry, we have such a backlog of cases- Cnweli The SPEAKER. Try it; you might like it, Joe. Ueverter Dietz Mr. ZELLER. Thank you. ~umas -there is a terrible injustice going on right now in $",regard to handling these, so I do believe that in cherk- Gallen , George Halveraon Hasay ~ayes, S. E. Kernlek Kurse LaMares Letterman hvl Manmiller McGinnla McIntyre Momla MrkonIc Novak O'Keefe Perll Perry Prendereast Pyles Renwic* Rwr Salvatore Shelhamer shuman Stah1 Stapleton Thomas Turner vs~~entl Wagner Whelm Wiggins WLII. H. W. Wilt. W. W ing, this is a good amendment. NOT VOTING-16 The SPEAKER. The Chair recognizes the gentleman Bellomiol Hammo~k O'Donnell Rugmero from Philadelphia, Mr. Perry. D~earlo Itkin OUver Shelton DreIbelbU McGrsw Plevsky WaWI. T. P. Mr. PERRY. Mr. Speaker, the purpose of this entire ~1,,,,, Mullen, M. P. Rhodes Yaer concept was to get this panel to work full time and compensate them accordingly. They are hearing cases So the question was determined in the affirmative maybe 1 or 2 days a week; 2 days at the most. With and the amendments were agreed to' the bill giving them adequate compensation so they On the question recurring, could serve full time, they can certainly catch up on that I will the House aeree to the bill as amended on third ~ - ~~~-~~ ~ ~~ backlog. consideration? The backlog of cases went from 90 in 1973 to 125 some- t ill as amended was agreed to. time in 1975. So there was a backlog of 30 cases created in the period of about z years. with the panel work- The SPEAKER. This bill has been considered on three ine - full time. . they could certainlv catch " ~- ~~A~ ... that ~~~~~. hnrk- --... different days and agreed to and is now on final paslog. These panels are ahsoluteiy not needed. If they 1 sage. cannot catch up on full time, 35 cases that have hack: The question is, Shall the bill pass finally? logged in a little over 2 years-I wou!dlike to he on this panel. I will be through December 1. Maybe I will go The SPEAKER. The Chair recognizes the gentleman to school and get a degree in engineering or law and from Delaware, Mr. Zearfoss. he . on . this .- . nand --. I Mr. ZEARFOSS. Mr. Speaker, I have just one aues- I am against this amendment. We ripped it out in ti0" for one of the sponsors of the bill. committee by, well, not quite a unanimous vote, and I The SPEAKER. Will one of the sponsors of the bill urge the members to vote against it. consent to interrogation? Mr. Manderho?
1976. LEGISLATIVE On the question recurring, Shall the bill pass finally? Agreeable to the provision of the constitution, the yeas and nays were taken and were as follows: JOURNAL-HOUSE 5129 Mr. MANDERINO. Yes, Mr. Speaker. The SPEAKER. The gentleman will proceed. Mr. ZEARFOSS. Mr. Speaker, I have read over this bill, and it indicates that jurisdiction to try certain cases is put in this Court of Claims. Does that indicate that it is exclusive jurisdiction? In other words, is any other tribunal in this Commonwealth capable of trying the same claims, or must they go bcfore the Court of Claims? Mr. MANDERINO. Mr. Spcaker- Mr. ZEARFOSS. The bill does not say "exclusive." That is why I am asking the question. Mr. MANDERINO. Mr. Speaker, I am not sure of the answer to the gentleman's question. If you would want to defer final passage of this until I look at the section that he is asking ahout, then maybe I can answer his question. Mr. ZEARFOSS. Mr. Speaker, I am willing to put this over temporarily, because I do think it is an important issue. It has been raised in several court cases. I do not think the bill does determine it definitively, and I think some record ,should be made at this time to indicate what is intended. Mr. MANDERINO. Mr. Speaker, perhaps in answer YEAS-186 to the gentleman-and we can dispose of this matter at this time-it is my understanding, and the persons who have looked at the hill more closely than I have indicated, that we are not ch?nging the manner of jurisdiction that we have right now. By reference to the act we are simply saying that the court will have the same jurisdiction that t h ~ various acts give to the court at this time. Mr. ZEARFOSS. One other question: The hill, and I guess the present law, provides that the court would have jurisdiction only of claims in excess of $300. How are the claims against the Commonwealth under $300 NAYS-2 tried under the law as amended or under present law? Halveman Perry Mr. MANDERINO. Mr. Speaker, I am going to give y,>u my opinion. I do not think there is a place to take claims under $300. It may he the Board of Finance and ~~~~~~~ Revenue. I lmom it is not the Court of Claims. Gleasm flammoek Mr. ZEARFOSS. Would it be conceivable that a claim NOT VOTING-15 Kolter Mullen. M. P. McGraw 0.Domell Miller. M. E.. Jr. Oliver Moehlmam Rhodes Wagner WaLsh. T. P. Y&er under $300 would be taken to a local district justice? The majority required by the Constitution having Mr. MANDERINO. Viell, you are going to get into the voted in the affirmative, the question was determined rlnestion of sovereign immunity, but I imagine you can. in the affirmative. Some people have taken claims to court in the lower Ordered, That the clerk present the same to the Sencourts and have had the doctrine of sovereign immunity ate for roncurrmcc. very much modified in recent years. Mr. ZEARFOSS. Does the doctrine of sovereign immunity, Mr. Speaker, apply to contract cases? I was TRANSPORTATION B1I.L ON TkIIRT) CONSIDERATION under the im~ression that it applied only in tort situations. Agreeable to order, The Rouse proceeded to third consideration of Senate Mr. MANDERINO. Mr. Speaker. I am not going to bill No, 888, printer,s No, entitled: attempt to stand here and give a dissertation in the law of sovereign immunity. The Supreme Court is evolv- An Act amending the act of June 1, 1945 (P. L. 1242, ing right now, as you are well aware, M~. speaker, the NO. 428), entitled "State Highway Law: further provid- Ing for vegetation along h~ghways. law of sovereign immunity in this jurisdiction, and I would not hope to be an expert on the matter. On the question. Mr. ZEARFOSS. Thank you. Mr. Speaker. Will the House agree to the bill on third consideration? Abraham mer Manderino Scheaffer Irlanmfller Sehmitt yzz J. GarLLa McCall Schweder mrber Geseg MeClatchy Scirica ~~~;~~" Geisler MeCue Seltzer Bere,, George ~iammnrco McGinnIs ~crntyre Shane shelhnmer Berlln Gillerpie ILrcLane Shelton Berson Gll!ette Mebus Shumm Bittle Bonetto Bmdley armdt Gleeson Goodman Gleen Greenfield Menhorn Milenovlch i l l ME. n~illiron Shupnlk Sirianni Smith. E. smlth, L. Br-er Grieeo Miscevieh Spencer Bum Rutera Gnng Morris Hamilton. J. R. Mrkonic Stahl Stapleton Caputo Hasay Mullrn Ceasar Haskell Musto Cianeiulli Hayes, D. S. Mycrs IIayes. S. E. Novak ~~~~ Hepiord Noye Cole HIII O'Brlen Hopktns O'Connell :,"$ird Hutchinson. A. O'Keeie Cumberland Hutchinson. W. Paneosst 1mls Parker. H. S. :z~lo ltkin Pen1 ~everter Johnson. J. Petrarea DeWeese Katz Picvsky Dlcarlo Kelly, A. P. Pitts stout Taddonlo Taplor Thomas Toll TE~O Turner Ustynoskl Vallcentl Vrwn WBnSBCZ Wargo Weldner Westerberg DiDonato Kelly. J. B. Polite whelan ~ ~ ~ Kernlck Klstler n l Pratt Prmdcrgart Wiggtns Williams ~ ~ r n b ~ m~ k ~ ~ Do'T Xnepper Doyle Kowalyshyn D, Kusre Eckensberser LaMsrcs pyxes i ~ Rappaport Ravenstah1 Reed Renninger Wlhon g wllt. R. W. Wllt. W. W. Wojdak Wo~low ~ ~ Englehart Laudadlo Renwiek Wright Fa,,,, Laughlin Richardson Yohn Fee 1.ederer Lehr Rieger Ritter Zearloss Zeller Letterman Ross Zord Flaherty Foster. A. w, Lev1 Lincoln Logue Rugglero Ryan Saloom Z W Fineman. Freind Lynch Saivatorc Speaker BILL RECOMMITTED Mr. IRVIS moved that Senate bill No. 888 be recommitted to the Committee on Transportation. Motion was agreed to.
Page 1: COMMONWEALTH OF PENNSYLVANIA TUESDA
Page 4 and 5: LEGISLATIVE JOURNAL--HOUSE June 8,
Page 6 and 7: 5126 LEGISLATIVE JOURNAL-HOUSE June
Page 10 and 11: 5130 LEGISLATIVE JOURNAkHOUSE June
Page 12 and 13: LEGISLATIVE dOURNALHOUSE Federal re
Page 14 and 15: Mr. ZEARFOSS. Just a brief comment,
Page 16 and 17: APPOINTMENT OF COMMITTEE OF CONFERE
Page 18 and 19: 5138 LEGISLATIVE JOURNALHOUSE June
Page 20 and 21: prcmlses for the purpose of conserv
Page 22 and 23: LEGISLATIVE JOURNAL--HOUSE June 8,
Page 24 and 25: 5 144 LEGISLATIVE JOURNALHOUSE June
Page 26 and 27: LEGISLATIVE JOURNAL-HOUSE I have re
Page 28 and 29: 5148 LEGISLATIVE JOURNALHOUSE June
Page 30: 5150 LEGISLATIVE JOURNAL--HOUSE Jun
Page 33 and 34: ~- ~ -- ~ LEGISLATIVE JOURNAL--HOUS
Page 35 and 36: 1976. LEGISLATIVE JOURNALHOUSE 5155
Page 37 and 38: LEGISLATIVE JOURNAL-HOUSE consolida
Page 39 and 40: i976. LEGISLATIVE JOURNAL--HOUSE 51
Page 41 and 42: LEGISLATIVE JOURNALHOUSE 6 3518. Pe
Page 43 and 44: LEGISLATIVE JOURNALHOUSE 6 7115. Ap
Page 45 and 46: LEGISLATIVE JOURNALHOUSE lateral bo
Page 47 and 48: Sec. 1101. Certificate of title req
Page 49 and 50: 1976. LEGISLATIVE JOURNALHOUSE 5 16
Page 51 and 52: LEGISLATIVE JOURNAL-HOUSE (2) :f th
Page 53 and 54: load, tire load, horse power or gro
Page 55 and 56: 1976. LEGISLATIVE Q 1336. Use of de
Page 57 and 58: LEGISLATIVE JOURNALHOUSE (7) Any fe
Page 59:
LEGISLATIVE JOURNALHOUSE license wi
Page 62 and 63:
-- -- 5 1534. Notice of acceplance
Page 64 and 65:
5184 LEGISLATIVE JOURNAL-HOUSE June
Page 66 and 67:
partment. $ 1573. Driving under for
Page 68 and 69:
5 188 LEGISLATIVE JOURNALHOUSE June
Page 70 and 71:
permit for movement of equipment be
Page 72 and 73:
the right-of-way to pedestrians law
Page 74 and 75:
5194 LEGISLATIVE JOURNALHOUSE June
Page 76 and 77:
LEGISLATIVE JOURNALHOUSE June 8,
Page 78 and 79:
Page 80 and 81:
CHAPTER 35 SPECIAL VEHICLES AND PED
Page 82 and 83:
LEGISLATIVE JOURNALHOUSE June 8, wi
Page 84 and 85:
person charged with violating this
Page 86 and 87:
LEGISLATIVE JOURNAL-HOUSE $ 3754. A
Page 88 and 89:
LEGISLATIVE JOURNAL-HOUSE June 8, a
Page 90 and 91:
Page 92 and 93:
their intensity shall be determined
Page 94 and 95:
Page 96 and 97:
LEGISLATIVE JOURNAL--HOUSE June 8,
Page 98 and 99:
LEGISLATIVE JOURNALHOUSE June 8, me
Page 100 and 101:
Page 102 and 103:
Page 104 and 105:
SF?. SUBCHAPTER B RECORDS OF TRAFFI
Page 106 and 107:
CHAPTER 71 VEHICLE THEFT AND RELATE
Page 108 and 109:
(b) Judicial review.-Any person who
Page 110 and 111:
June 8, . SUBCHAPTER B for a snowmo
Page 112 and 113:
LEGISLATIVE JOURNAL-HOUSE June 8,
Page 114 and 115:
or in which the hus is most frequen
Page 116 and 117:
LEGISLATIVE JOURNAL-HOUSE 8 8111. V
Page 118 and 119:
LEGISLATIVE JOURNAL--HOUSE committe
Page 120 and 121:
LEGISLATIVE JOURNALHOUSE June 8. up
Page 122 and 123:
LEGISLATIVE JOURNALHOUSE June 8, JO
Page 124 and 125:
5244 LEGISLATIVE JOURNAL--HOUSE Jun
Page 126 and 127:
LEGISLATIVE JOURNALHOUSE June 8, I
Page 128 and 129:
Thc SPEAKEIZ. The Chair recognizes
Page 130 and 131:
Page 132 and 133:
Page 134:
LEGISLATIVE JOURNALHOUSE June 8, Mr
Page 137 and 138:
The SPEAKER. The Chair recognizes t
Page 139 and 140:
1976. LEGISLATIVE JOURNALHOUSE 5259
Page 141 and 142:
Page 143 and 144:
Page 145:
LEGISLATIVE JOURNALHOUSE HOUSE BILL
show all

E:zF Katz - The Pennsylvania General Assembly

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?